As Amended by House Committee
Session of 2025
SENATE BILL No. 186
By Committee on Judiciary
2-4
AN ACT concerning crimes, punishment and criminal procedure;
relating to sentencing; providing that prior convictions of a crime
defined by a statute that has since been determined
unconstitutional by an appellate court shall not be used for
criminal history scoring purposes unless the basis of the
determination of unconstitutionality by the appellate court is later
overruled or reversed; relating to affidavits or sworn testimony in
support of probable cause; requiring such information to be made
available to law enforcement; relating to release prior to trial;
requiring that certain prior convictions be considered when bond is
being set for certain sex offenses; specifying minimum
requirements and conditions for such bond; amending K.S.A. 21-
6810, 22-2302, 22-2802 and 22-2803 and repealing the existing section
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-6810 is hereby amended to read as follows:
21-6810. (a) Criminal history categories contained in the sentencing
guidelines grids are based on the following types of prior convictions:
Person felony adult convictions, nonperson felony adult convictions,
person felony juvenile adjudications, nonperson felony juvenile
adjudications, person misdemeanor adult convictions, nonperson class
A misdemeanor adult convictions, person misdemeanor juvenile
adjudications, nonperson class A misdemeanor juvenile adjudications,
select class B nonperson misdemeanor adult convictions, select class B
nonperson misdemeanor juvenile adjudications and convictions and
adjudications for violations of municipal ordinances or county
resolutions which that are comparable to any crime classified under
the state law of Kansas as a person misdemeanor, select nonperson
class B misdemeanor or nonperson class A misdemeanor. A prior
conviction is any conviction, other than another count in the current
case, which that was brought in the same information or complaint or
which was joined for trial with other counts in the current case
pursuant to K.S.A. 22-3203, and amendments thereto, which that
occurred prior to sentencing in the current case, regardless of whether
the offense that led to the prior conviction occurred before or after the
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current offense or the conviction in the current case.
(b) A class B nonperson select misdemeanor is a special
classification established for weapons violations. Such classification
shall be considered and scored in determining an offender's criminal
history classification.
(c) Except as otherwise provided, all convictions, whether
sentenced consecutively or concurrently, shall be counted separately in
the offender's criminal history.
(d) Except as provided in K.S.A. 21-6815, and amendments
thereto, the following are applicable to determining an offender's
criminal history classification:
(1) Only verified convictions will be considered and scored.
(2) All prior adult felony convictions, including expungements,
will be considered and scored. Prior adult felony convictions for
offenses that were committed before July 1, 1993, shall be scored as a
person or nonperson crime using a comparable offense under the
Kansas criminal code in effect on the date the current crime of
conviction was committed.
(3) There will be no decay factor applicable for:
(A) Adult convictions;
(B) a juvenile adjudication for an offense committed before July
1, 1993, which would have been a class A, B or C felony, if committed
by an adult. Prior juvenile adjudications for offenses that were
committed before July 1, 1993, shall be scored as a person or
nonperson crime using a comparable offense under the Kansas
criminal code in effect on the date the current crime of conviction was
committed; or
(C) a juvenile adjudication for an offense committed on or after
July 1, 1993, which would be an off-grid felony or a nondrug severity
level 1 through 4 felony, if committed by an adult.
(4) Except as otherwise provided, a juvenile adjudication will
decay if the current crime of conviction is committed after the
offender reaches the age of 25, and the juvenile adjudication is for an
offense:
(A) Committed before July 1, 1993, which would have been a
class D or E felony, if committed by an adult;
(B) committed on or after July 1, 1993, which would be a
nondrug severity level 5 through 10 felony, a nongrid felony or any
drug felony, if committed by an adult; or
(C) which would be a misdemeanor, if committed by an adult.
(5) A juvenile adjudication will not be considered and scored if:
(A) The current crime of conviction is committed at least five
years after the date of the prior adjudication;
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(B) the offender has no new adjudications or convictions during
such five-year period; and
(C) the juvenile adjudication is for an offense that would be a
nondrug severity level 5 through 10 felony, drug felony, nongrid felony
or misdemeanor, if committed by an adult.
(6) All person misdemeanors, class A nonperson misdemeanors
and class B select nonperson misdemeanors, and all municipal
ordinance and county resolution violations comparable to such
misdemeanors, shall be considered and scored. Prior misdemeanors
for offenses that were committed before July 1, 1993, shall be scored
as a person or nonperson crime using a comparable offense under the
Kansas criminal code in effect on the date the current crime of
conviction was committed.
(7) Unless otherwise provided by law, unclassified felonies and
misdemeanors, shall be considered and scored as nonperson crimes
for the purpose of determining criminal history.
(8) Prior convictions of a crime defined by a statute that has since
been repealed shall be scored using the classification assigned at the
time of such conviction.
(9) Prior convictions of a crime defined by a statute that has since
been determined unconstitutional by an appellate court shall not be
used for criminal history scoring purposes unless the basis of the
determination of unconstitutionality by the appellate court is later
overruled or reversed by an order or opinion of the supreme court of the
state of Kansas or the United States supreme court.
(10) Prior convictions of any crime shall not be counted in
determining the criminal history category if they enhance the severity
level, elevate the classification from misdemeanor to felony, or are
elements of the present crime of conviction. Except as otherwise
provided, all other prior convictions will be considered and scored.
(e) The amendments made to this section by section 1 of chapter 5
of the 2015 Session Laws of Kansas are procedural in nature and shall
be construed and applied retroactively.
Section 1.Sec. 2. K.S.A. 22-2302 is hereby amended to read as
follows: 22-2302. (a) (1) If the magistrate finds from the complaint, or
from an affidavit or affidavits filed with the complaint or from sworn
testimony, that there is probable cause to believe both that a crime has
been committed and that the defendant has committed it, a warrant for the
arrest of the defendant shall issue, except that a summons instead of a
warrant may be issued if:
(1)(A) The prosecuting attorney so requests; or
(2)(B) in the case of a complaint alleging commission of a
misdemeanor, the magistrate determines that a summons should be issued.
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(2) More than one warrant or summons may issue on the same
complaint. If a defendant fails to appear in response to the summons, a
warrant shall issue.
(b) For a warrant or summons executed prior to July 1, 2014,
affidavits or sworn testimony in support of the probable cause requirement
of this section shall not be made available for examination without a
written order of the court, except that such affidavits or testimony when
requested shall be made available to the defendant or the defendant's
counsel for such disposition as either may desire.
(c) (1) For a warrant or summons executed on or after July 1, 2014,
Affidavits or sworn testimony in support of the probable cause
requirement of this section shall be made available to law enforcement
agencies prior to execution of the warrant or summons, but shall not be
open to the general public until the warrant or summons has been
executed. After the warrant or summons has been executed, such affidavits
or sworn testimony shall be made available to:
(A) The defendant or the defendant's counsel, when requested, for
such disposition as either may desire; and
(B) any person, when requested, in accordance with the requirements
of this subsection.
(2) Any person may request that affidavits or sworn testimony be
disclosed by filing such request with the clerk of the court. Upon entry of
appearance by an attorney on behalf of the defendant, or indication by the
defendant to the court that such defendant will represent the defendant's
self, the clerk of the court shall promptly notify the defendant or the
defendant's counsel, the prosecutor and the magistrate that such request
was filed. The prosecutor shall promptly notify any victim. For the
purposes of this subsection, victim shall include any victim of an alleged
crime that resulted in the issuance of the arrest warrant, or, if the victim is
deceased, the victim's family, as defined in K.S.A. 74-7335, and
amendments thereto.
(3) Within five business days after receiving notice of a request for
disclosure from the clerk of the court, the defendant or the defendant's
counsel and the prosecutor may submit to the magistrate, under seal,
either:
(A) Proposed redactions, if any, to the affidavits or sworn testimony
and the reasons supporting such proposed redactions; or
(B) a motion to seal the affidavits or sworn testimony and the reasons
supporting such proposed seal.
(4) The magistrate shall review the requested affidavits or sworn
testimony and any proposed redactions or motion to seal submitted by the
defendant, the defendant's counsel or the prosecutor. The magistrate shall
make appropriate redactions, or seal the affidavits or sworn testimony, as
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necessary to prevent public disclosure of information that would:
(A) Jeopardize the physical, mental or emotional safety or well-being
of a victim, witness, confidential source or undercover agent, or cause the
destruction of evidence;
(B) reveal information obtained from a court-ordered wiretap or from
a search warrant for a tracking device that has not expired;
(C) interfere with any prospective law enforcement action, criminal
investigation or prosecution;
(D) reveal the identity of any confidential source or undercover agent;
(E) reveal confidential investigative techniques or procedures not
known to the general public;
(F) endanger the life or physical safety of any person;
(G) reveal the name, address, telephone number or any other
information which specifically and individually identifies the victim of any
sexual offense described in article 35 of chapter 21 of the Kansas Statutes
Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas
Statutes Annotated or K.S.A. 21-6419 through 21-6422, and amendments
thereto;
(H) reveal the name of any minor;
(I) reveal any date of birth, personal or business telephone number,
driver's license number, nondriver's identification number, social security
number, employee identification number, taxpayer identification number,
vehicle identification number or financial account information; or
(J) constitute a clearly unwarranted invasion of personal privacy. As
used in this subparagraph, "clearly unwarranted invasion of personal
privacy" means revealing information that would be highly offensive to a
reasonable person and is totally unrelated to the alleged crime that resulted
in the issuance of the arrest warrant, including information totally
unrelated to the alleged crime that may pose a risk to a person or property
and is not of legitimate concern to the public. The provisions of this
subparagraph shall only be used to redact and shall not be used to seal
affidavits or sworn testimony.
(5) Within five business days after receiving proposed redactions or a
motion to seal from the defendant, the defendant's counsel or the
prosecutor, or within 10 business days after receiving notice of a request
for disclosure, whichever is earlier, the magistrate shall either:
(A) Order disclosure of the affidavits or sworn testimony with
appropriate redactions, if any; or
(B) order the affidavits or sworn testimony sealed and not subject to
public disclosure.
(6) (A) If the magistrate orders disclosure of the affidavits or sworn
testimony with appropriate redactions, if any, to any person in accordance
with the requirements of this subsection, then such affidavits or sworn
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testimony shall become part of the court record and shall be accessible to
the public.
(B) If the magistrate orders the affidavits or sworn testimony sealed
and not subject to public disclosure in accordance with the requirements of
this subsection, then such affidavits or sworn testimony shall become part
of the court record that is not accessible to the public.
(C) Any request for disclosure of affidavits or sworn testimony in
accordance with the requirements of this subsection shall become part of
the court record and shall be accessible to the public, regardless of whether
the magistrate orders disclosure with appropriate redactions, if any, or
sealing of the requested affidavit or sworn testimony.
Sec. 3. K.S.A. 22-2802 is hereby amended to read as follows: 22-
2802. (1)(a) Any person charged with a crime shall, at the person's
first appearance before a magistrate, be ordered released pending
preliminary examination or trial upon the execution of an appearance
bond in an amount specified by the magistrate and sufficient to assure
the appearance of such person before the magistrate when ordered
and to assure the public safety. If the person is being bound over for a
felony, the bond shall also be conditioned on the person's appearance
in the district court or by way of a two-way electronic audio-video
communication as provided in subsection (14) (n) at the time required
by the court to answer the charge against such person and at any time
thereafter that the court requires. Unless the magistrate makes a
specific finding otherwise, if the person is being bonded out for a
person felony or a person misdemeanor, the bond shall be conditioned
on the person being prohibited from having any contact with the
alleged victim of such offense for a period of at least 72 hours. The
magistrate may impose such of the following additional conditions of
release as will reasonably assure the appearance of the person for
preliminary examination or trial:
(a)(1) Place the person in the custody of a designated person or
organization agreeing to supervise such person;
(b)(2) place restrictions on the travel, association or place of
abode of the person during the period of release;
(c)(3) impose any other condition deemed reasonably necessary to
assure appearance as required, including a condition requiring that
the person return to custody during specified hours;
(d)(4) place the person under a house arrest program pursuant to
K.S.A. 21-6609, and amendments thereto; or
(e)(5) place the person under the supervision of a court services
officer responsible for monitoring the person's compliance with any
conditions of release ordered by the magistrate. The magistrate may
order the person to pay for any costs associated with the supervision
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provided by the court services department in an amount not to exceed
$15 per week of such supervision. The magistrate may also order the
person to pay for all other costs associated with the supervision and
conditions for compliance in addition to the $15 per week.
(2)(b) In addition to any conditions of release provided in
subsection (1) (a), for any person charged with a felony, the magistrate
may order such person to submit to a drug and alcohol abuse
examination and evaluation in a public or private treatment facility or
state institution and, if determined by the head of such facility or
institution that such person is a drug or alcohol abuser or is
incapacitated by drugs or alcohol, to submit to treatment for such
drug or alcohol abuse, as a condition of release.
(3)(c) The appearance bond shall be executed with sufficient
solvent sureties who are residents of the state of Kansas, unless the
magistrate determines, in the exercise of such magistrate's discretion,
that requiring sureties is not necessary to assure the appearance of the
person at the time ordered.
(4)(d) A deposit of cash in the amount of the bond may be made
in lieu of the execution of the bond pursuant to subsection (3) (c).
Except as provided in subsection (5)(e), such deposit shall be in the full
amount of the bond and in no event shall a deposit of cash in less than
the full amount of bond be permitted. Any person charged with a
crime who is released on a cash bond shall be entitled to a refund of all
moneys paid for the cash bond, after deduction of any outstanding
restitution, costs, fines and fees, after the final disposition of the
criminal case if the person complies with all requirements to appear in
court. The court may not exclude the option of posting bond pursuant
to subsection (3) (c).
(5)(e) Except as provided further, the amount of the appearance
bond shall be the same whether executed as described in subsection (3)
(c) or posted with a deposit of cash as described in subsection (4) (d).
When the appearance bond has been set at $2,500 or less and the most
serious charge against the person is a misdemeanor, a severity level 8,
9 or 10 nonperson felony, a drug severity level 4 felony committed
prior to July 1, 2012, a drug severity level 5 felony committed on or
after July 1, 2012, or a violation of K.S.A. 8-1567, and amendments
thereto, the magistrate may allow the person to deposit cash with the
clerk in the amount of 10% of the bond, provided the person meets at
least the following qualifications:
(A)(1) Is a resident of the state of Kansas;
(B)(2) has a criminal history score category of G, H or I;
(C)(3) has no prior history of failure to appear for any court
appearances;
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(D)(4) has no detainer or hold from any other jurisdiction;
(E)(5) has not been extradited from, and is not awaiting
extradition to, another state; and
(F)(6) has not been detained for an alleged violation of probation.
(6)(f) In the discretion of the court, a person charged with a crime
may be released upon the person's own recognizance by guaranteeing
payment of the amount of the bond for the person's failure to comply
with all requirements to appear in court. The release of a person
charged with a crime upon the person's own recognizance shall not
require the deposit of any cash by the person.
(7)(g) The court shall not impose any administrative fee.
(8)(h) In determining which conditions of release will reasonably
assure appearance and the public safety, the magistrate shall, on the
basis of available information, take into account the nature and
circumstances of the crime charged; the weight of the evidence against
the defendant; whether the defendant is lawfully present in the United
States; the defendant's family ties, employment, financial resources,
character, mental condition, length of residence in the community,
record of convictions, record of appearance or failure to appear at
court proceedings or of flight to avoid prosecution; the likelihood or
propensity of the defendant to commit crimes while on release,
including whether the defendant will be likely to threaten, harass or
cause injury to the victim of the crime or any witnesses thereto; and
whether the defendant is on probation or parole from a previous
offense at the time of the alleged commission of the subsequent
offense.
(9)(i) The appearance bond shall set forth all of the conditions of
release.
(10)(j) A person for whom conditions of release are imposed and
who continues to be detained as a result of the person's inability to
meet the conditions of release shall be entitled, upon application, to
have the conditions reviewed without unnecessary delay by the
magistrate who imposed them. If the magistrate who imposed
conditions of release is not available, any other magistrate in the
county may review such conditions.
(11)(k) A magistrate ordering the release of a person on any
conditions specified in this section may at any time amend the order to
impose additional or different conditions of release. If the imposition
of additional or different conditions results in the detention of the
person, the provisions of subsection (10) (j) shall apply.
(12)(l) Statements or information offered in determining the
conditions of release need not conform to the rules of evidence. No
statement or admission of the defendant made at such a proceeding
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shall be received as evidence in any subsequent proceeding against the
defendant.
(13)(m) The appearance bond and any security required as a
condition of the defendant's release shall be deposited in the office of
the magistrate or the clerk of the court where the release is ordered. If
the defendant is bound to appear before a magistrate or court other
than the one ordering the release, the order of release, together with
the bond and security shall be transmitted to the magistrate or clerk
of the court before whom the defendant is bound to appear.
(14)(n) Proceedings before a magistrate as provided in this section
to determine the release conditions of a person charged with a crime
including release upon execution of an appearance bond may be
conducted by two-way electronic audio-video communication between
the defendant and the judge in lieu of personal presence of the
defendant or defendant's counsel in the courtroom in the discretion of
the court. The defendant may be accompanied by the defendant's
counsel. The defendant shall be informed of the defendant's right to be
personally present in the courtroom during such proceeding if the
defendant so requests. Exercising the right to be present shall in no
way prejudice the defendant.
(15)(o) The magistrate may order the person to pay for any costs
associated with the supervision of the conditions of release of the
appearance bond in an amount not to exceed $15 per week of such
supervision. As a condition of sentencing under K.S.A. 21-6604, and
amendments thereto, the court may impose the full amount of any
such costs in addition to the $15 per week, including, but not limited
to, costs for treatment and evaluation under subsection (2) (b).
(p) (1) If a defendant is charged with rape, as described in K.S.A. 21-
5503, and amendments thereto, criminal sodomy or aggravated criminal
sodomy, as described in K.S.A. 21-5504, and amendments thereto,
aggravated sexual battery, as described in K.S.A. 21-5505, and
amendments thereto, or indecent liberties with a child or aggravated
indecent liberties with a child, as described in K.S.A. 21-5506, and
amendments thereto, the magistrate shall determine prior convictions of
such offenses or comparable out-of-state convictions upon available
evidence.
(2) If the magistrate determines that such defendant has a prior
conviction of any crime that constitutes a sexually violent crime as defined
in K.S.A. 22-4902, and amendments thereto, bond shall be at least
$750,000 cash or surety and have at least minimum conditions of no
contact with any victims or witnesses and the magistrate shall place the
person under a house arrest program pursuant to subsection (a)(4). Such
bond shall not be reduced or modified downward unless the magistrate
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determines by a preponderance of the evidence at an evidentiary hearing
and makes a written finding on the record that the defendant is not a
public safety risk and not a flight risk. At such evidentiary hearing, there
shall be a presumption that the defendant is both a public safety risk and a
flight risk.
Sec. 4. K.S.A. 22-2803 is hereby amended to read as follows: 22-
2803. A person who remains in custody after review of such person's
application pursuant to subsection (9) or (10) of K.S.A. 22-2802(i) or
(j), and amendments thereto, by a district magistrate judge may apply
to a district judge of the judicial district in which the charge is
pending to modify the order fixing conditions of release. Such motion
shall be determined promptly.
Sec. 2. 5. K.S.A. 21-6810, 22-2302 is, 22-2802 and 22-2803 are
hereby repealed.
Sec. 3. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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