KS
Kansas Senate Bill SB239

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB239 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 239
33 By Committee on Judiciary
44 2-6
55 AN ACT concerning crimes, punishment and criminal procedure; relating
66 to sentencing; creating a special sentencing rule to add 100 months to a
77 sentence for distribution of a controlled substance when the substance
88 involved is fentanyl and such distribution causes the death of a child;
99 amending K.S.A. 2024 Supp. 21-6804 and 21-6805 and repealing the
1010 existing sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 2024 Supp. 21-6804 is hereby amended to read as
1313 follows: 21-6804. (a) The provisions of this section shall be applicable to
1414 the sentencing guidelines grid for nondrug crimes. The following
1515 sentencing guidelines grid shall be applicable to nondrug felony crimes:
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2929 (b) Sentences expressed in the sentencing guidelines grid for nondrug
3030 crimes represent months of imprisonment.
3131 (c) The sentencing guidelines grid is a two-dimensional crime
3232 severity and criminal history classification tool. The grid's vertical axis is
3333 the crime severity scale which classifies current crimes of conviction. The
3434 grid's horizontal axis is the criminal history scale which classifies criminal
3535 histories.
3636 (d) The sentencing guidelines grid for nondrug crimes as provided in
3737 this section defines presumptive punishments for felony convictions,
3838 subject to the sentencing court's discretion to enter a departure sentence.
3939 The appropriate punishment for a felony conviction should depend on the
4040 severity of the crime of conviction when compared to all other crimes and
4141 the offender's criminal history.
4242 (e) (1) The sentencing court has discretion to sentence at any place
4343 within the sentencing range. In the usual case it is recommended that the
4444 sentencing judge select the center of the range and reserve the upper and
4545 lower limits for aggravating and mitigating factors insufficient to warrant a
4646 departure.
4747 (2) In presumptive imprisonment cases, the sentencing court shall
4848 pronounce the complete sentence which shall include the:
4949 (A) Prison sentence;
5050 (B) maximum potential reduction to such sentence as a result of good
5151 time; and
5252 (C) period of postrelease supervision at the sentencing hearing.
5353 Failure to pronounce the period of postrelease supervision shall not negate
5454 the existence of such period of postrelease supervision.
5555 (3) In presumptive nonprison cases, the sentencing court shall
5656 pronounce the:
5757 (A) Prison sentence; and
5858 (B) duration of the nonprison sanction at the sentencing hearing.
5959 (f) Each grid block states the presumptive sentencing range for an
6060 offender whose crime of conviction and criminal history place such
6161 offender in that grid block. If an offense is classified in a grid block below
6262 the dispositional line, the presumptive disposition shall be
6363 nonimprisonment. If an offense is classified in a grid block above the
6464 dispositional line, the presumptive disposition shall be imprisonment. If an
6565 offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose
6666 an optional nonprison sentence as provided in subsection (q).
6767 (g) The sentence for a violation of K.S.A. 21-3415, prior to its repeal,
6868 aggravated battery against a law enforcement officer committed prior to
6969 July 1, 2006, or a violation of K.S.A. 21-5412(d), and amendments
7070 thereto, aggravated assault against a law enforcement officer, which places
7171 the defendant's sentence in grid block 6-H or 6-I shall be presumed
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115115 imprisonment. The court may impose an optional nonprison sentence as
116116 provided in subsection (q).
117117 (h) When a firearm is used to commit any person felony, the
118118 offender's sentence shall be presumed imprisonment. The court may
119119 impose an optional nonprison sentence as provided in subsection (q).
120120 (i) (1) The sentence for the violation of the felony provision of K.S.A.
121121 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and
122122 amendments thereto, shall be as provided by the specific mandatory
123123 sentencing requirements of that section and shall not be subject to the
124124 provisions of this section or K.S.A. 21-6807, and amendments thereto.
125125 (2) If because of the offender's criminal history classification the
126126 offender is subject to presumptive imprisonment or if the judge departs
127127 from a presumptive probation sentence and the offender is subject to
128128 imprisonment, the provisions of this section and K.S.A. 21-6807, and
129129 amendments thereto, shall apply and the offender shall not be subject to
130130 the mandatory sentence as provided in K.S.A. 21-5823, and amendments
131131 thereto.
132132 (3) Notwithstanding the provisions of any other section, the term of
133133 imprisonment imposed for the violation of the felony provision of K.S.A.
134134 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and
135135 amendments thereto, shall not be served in a state facility in the custody of
136136 the secretary of corrections. Prior to imposing any sentence pursuant to
137137 this subsection, the court may consider assigning the defendant to a house
138138 arrest program pursuant to K.S.A. 21-6609, and amendments thereto.
139139 (j) (1) The sentence for any persistent sex offender whose current
140140 convicted crime carries a presumptive term of imprisonment shall be
141141 double the maximum duration of the presumptive imprisonment term. The
142142 sentence for any persistent sex offender whose current conviction carries a
143143 presumptive nonprison term shall be presumed imprisonment and shall be
144144 double the maximum duration of the presumptive imprisonment term.
145145 (2) Except as otherwise provided in this subsection, as used in this
146146 subsection, "persistent sex offender" means a person who:
147147 (A) (i) Has been convicted in this state of a sexually violent crime, as
148148 defined in K.S.A. 22-3717, and amendments thereto; and
149149 (ii) at the time of the conviction under clause (i) has at least one
150150 conviction for a sexually violent crime, as defined in K.S.A. 22-3717, and
151151 amendments thereto, in this state or comparable felony under the laws of
152152 another state, the federal government or a foreign government; or
153153 (B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
154154 prior to its repeal, or K.S.A. 21-5503, and amendments thereto; and
155155 (ii) at the time of the conviction under clause (i) has at least one
156156 conviction for rape in this state or comparable felony under the laws of
157157 another state, the federal government or a foreign government.
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201201 (3) Except as provided in subsection (j)(2)(B), the provisions of this
202202 subsection shall not apply to any person whose current convicted crime is
203203 a severity level 1 or 2 felony.
204204 (k) (1) If it is shown at sentencing that the offender committed any
205205 felony violation for the benefit of, at the direction of, or in association with
206206 any criminal street gang, with the specific intent to promote, further or
207207 assist in any criminal conduct by gang members, the offender's sentence
208208 shall be presumed imprisonment. The court may impose an optional
209209 nonprison sentence as provided in subsection (q).
210210 (2) As used in this subsection, "criminal street gang" means any
211211 organization, association or group of three or more persons, whether
212212 formal or informal, having as one of its primary activities:
213213 (A) The commission of one or more person felonies; or
214214 (B) the commission of felony violations of article 57 of chapter 21 of
215215 the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010
216216 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any felony
217217 violation of any provision of the uniform controlled substances act prior to
218218 July 1, 2009; and
219219 (C) its members have a common name or common identifying sign or
220220 symbol; and
221221 (D) its members, individually or collectively, engage in or have
222222 engaged in the commission, attempted commission, conspiracy to commit
223223 or solicitation of two or more person felonies or felony violations of article
224224 57 of chapter 21 of the Kansas Statutes Annotated, and amendments
225225 thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their
226226 transfer, any felony violation of any provision of the uniform controlled
227227 substances act prior to July 1, 2009, or any substantially similar offense
228228 from another jurisdiction.
229229 (l) Except as provided in subsection (o), the sentence for a violation
230230 of K.S.A. 21-5807(a)(1), and amendments thereto, or any attempt or
231231 conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments
232232 thereto, to commit such offense, when such person being sentenced has a
233233 prior conviction for a violation of K.S.A. 21-3715(a) or (b), prior to its
234234 repeal, 21-3716, prior to its repeal, K.S.A. 21-5807(a)(1) or (a)(2) or 21-
235235 5807(b), and amendments thereto, or any attempt or conspiracy to commit
236236 such offense, shall be presumptive imprisonment.
237237 (m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 21-
238238 5913(a)(2), and amendments thereto, shall be presumptive imprisonment.
239239 If an offense under such sections is classified in grid blocks 5-E, 5-F, 5-G,
240240 5-H or 5-I, the court may impose an optional nonprison sentence as
241241 provided in subsection (q).
242242 (n) The sentence for a violation of criminal deprivation of property, as
243243 defined in K.S.A. 21-5803, and amendments thereto, when such property
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287287 is a motor vehicle, and when such person being sentenced has any
288288 combination of two or more prior convictions of K.S.A. 21-3705(b), prior
289289 to its repeal, or of criminal deprivation of property, as defined in K.S.A.
290290 21-5803, and amendments thereto, when such property is a motor vehicle,
291291 shall be presumptive imprisonment. Such sentence shall not be considered
292292 a departure and shall not be subject to appeal.
293293 (o) (1) The sentence for a felony violation of theft of property as
294294 defined in K.S.A. 21-5801, and amendments thereto, or burglary as
295295 defined in K.S.A. 21-5807(a), and amendments thereto, when such person
296296 being sentenced has no prior convictions for a violation of K.S.A. 21-3701
297297 or 21-3715, prior to their repeal, or theft of property as defined in K.S.A.
298298 21-5801, and amendments thereto, or burglary as defined in K.S.A. 21-
299299 5807(a), and amendments thereto; or the sentence for a felony violation of
300300 theft of property as defined in K.S.A. 21-5801, and amendments thereto,
301301 when such person being sentenced has one or two prior felony convictions
302302 for a violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their
303303 repeal, or theft of property as defined in K.S.A. 21-5801, and amendments
304304 thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807,
305305 and amendments thereto; or the sentence for a felony violation of burglary
306306 as defined in K.S.A. 21-5807(a), and amendments thereto, when such
307307 person being sentenced has one prior felony conviction for a violation of
308308 K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of
309309 property as defined in K.S.A. 21-5801, and amendments thereto, or
310310 burglary or aggravated burglary as defined in K.S.A. 21-5807, and
311311 amendments thereto, shall be the sentence as provided by this section,
312312 except that the court may order an optional nonprison sentence for a
313313 defendant to participate in a drug treatment program, including, but not
314314 limited to, an approved aftercare plan, if the court makes the following
315315 findings on the record:
316316 (A) Substance abuse was an underlying factor in the commission of
317317 the crime;
318318 (B) substance abuse treatment in the community is likely to be more
319319 effective than a prison term in reducing the risk of offender recidivism;
320320 and
321321 (C) participation in an intensive substance abuse treatment program
322322 will serve community safety interests.
323323 (2) A defendant sentenced to an optional nonprison sentence under
324324 this subsection shall be supervised by community correctional services.
325325 The provisions of K.S.A. 21-6824(f)(1), and amendments thereto, shall
326326 apply to a defendant sentenced under this subsection. The sentence under
327327 this subsection shall not be considered a departure and shall not be subject
328328 to appeal.
329329 (p) (1) The sentence for a felony violation of theft of property as
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373373 defined in K.S.A. 21-5801, and amendments thereto, when such person
374374 being sentenced has any combination of three or more prior felony
375375 convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716, prior to
376376 their repeal, or theft of property as defined in K.S.A. 21-5801, and
377377 amendments thereto, or burglary or aggravated burglary as defined in
378378 K.S.A. 21-5807, and amendments thereto; or the sentence for a violation
379379 of burglary as defined in K.S.A. 21-5807(a), and amendments thereto,
380380 when such person being sentenced has any combination of two or more
381381 prior convictions for violations of K.S.A. 21-3701, 21-3715 and 21-3716,
382382 prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and
383383 amendments thereto, or burglary or aggravated burglary as defined in
384384 K.S.A. 21-5807, and amendments thereto, shall be presumed
385385 imprisonment and the defendant shall be sentenced to prison as provided
386386 by this section, except that the court may recommend that an offender be
387387 placed in the custody of the secretary of corrections, in a facility
388388 designated by the secretary to participate in an intensive substance abuse
389389 treatment program, upon making the following findings on the record:
390390 (A) Substance abuse was an underlying factor in the commission of
391391 the crime;
392392 (B) substance abuse treatment with a possibility of an early release
393393 from imprisonment is likely to be more effective than a prison term in
394394 reducing the risk of offender recidivism; and
395395 (C) participation in an intensive substance abuse treatment program
396396 with the possibility of an early release from imprisonment will serve
397397 community safety interests by promoting offender reformation.
398398 (2) The intensive substance abuse treatment program shall be
399399 determined by the secretary of corrections, but shall be for a period of at
400400 least four months. Upon the successful completion of such intensive
401401 treatment program, the offender shall be returned to the court and the court
402402 may modify the sentence by directing that a less severe penalty be
403403 imposed in lieu of that originally adjudged within statutory limits. If the
404404 offender's term of imprisonment expires, the offender shall be placed
405405 under the applicable period of postrelease supervision. The sentence under
406406 this subsection shall not be considered a departure and shall not be subject
407407 to appeal.
408408 (q) (1) As used in this section, an "optional nonprison sentence" is a
409409 sentence which the court may impose, in lieu of the presumptive sentence,
410410 upon making the following findings on the record:
411411 (A) An appropriate treatment program exists which is likely to be
412412 more effective than the presumptive prison term in reducing the risk of
413413 offender recidivism; and
414414 (B) the recommended treatment program is available and the offender
415415 can be admitted to such program within a reasonable period of time; or
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459459 (C) the nonprison sanction will serve community safety interests by
460460 promoting offender reformation.
461461 (2) Any decision made by the court regarding the imposition of an
462462 optional nonprison sentence shall not be considered a departure and shall
463463 not be subject to appeal.
464464 (r) The sentence for a violation of K.S.A. 21-5413(c)(2), and
465465 amendments thereto, shall be presumptive imprisonment and shall be
466466 served consecutively to any other term or terms of imprisonment imposed.
467467 Such sentence shall not be considered a departure and shall not be subject
468468 to appeal.
469469 (s) The sentence for a violation of K.S.A. 21-5512, and amendments
470470 thereto, shall be presumptive imprisonment. Such sentence shall not be
471471 considered a departure and shall not be subject to appeal.
472472 (t) (1) If the trier of fact makes a finding beyond a reasonable doubt
473473 that an offender wore or used ballistic resistant material in the commission
474474 of, or attempt to commit, or flight from any felony, in addition to the
475475 sentence imposed pursuant to the Kansas sentencing guidelines act, the
476476 offender shall be sentenced to an additional 30 months' imprisonment.
477477 (2) The sentence imposed pursuant to paragraph (1) shall be
478478 presumptive imprisonment and shall be served consecutively to any other
479479 term or terms of imprisonment imposed. Such sentence shall not be
480480 considered a departure and shall not be subject to appeal.
481481 (3) As used in this subsection, "ballistic resistant material" means
482482 any:
483483 (A) Commercially produced material designed with the purpose of
484484 providing ballistic and trauma protection, including, but not limited to,
485485 bulletproof vests and kevlar vests; and
486486 (B) homemade or fabricated substance or item designed with the
487487 purpose of providing ballistic and trauma protection.
488488 (u) The sentence for a violation of K.S.A. 21-6107, and amendments
489489 thereto, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and
490490 21-5302, and amendments thereto, to commit such offense, when such
491491 person being sentenced has a prior conviction for a violation of K.S.A. 21-
492492 4018, prior to its repeal, or K.S.A. 21-6107, and amendments thereto, or
493493 any attempt or conspiracy to commit such offense, shall be presumptive
494494 imprisonment. Such sentence shall not be considered a departure and shall
495495 not be subject to appeal.
496496 (v) The sentence for a third or subsequent violation of K.S.A. 8-1568,
497497 and amendments thereto, shall be presumptive imprisonment and shall be
498498 served consecutively to any other term or terms of imprisonment imposed.
499499 Such sentence shall not be considered a departure and shall not be subject
500500 to appeal.
501501 (w) The sentence for aggravated criminal damage to property as
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545545 defined in K.S.A. 21-5813(b), and amendments thereto, when such person
546546 being sentenced has a prior conviction for any nonperson felony shall be
547547 presumptive imprisonment. Such sentence shall not be considered a
548548 departure and shall not be subject to appeal.
549549 (x) The sentence for a violation of K.S.A. 21-5807(a)(1), and
550550 amendments thereto, shall be presumptive imprisonment if the offense
551551 under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
552552 sentence shall not be considered a departure and shall not be subject to
553553 appeal.
554554 (y) (1) Except as provided in paragraph (3), if the trier of fact makes a
555555 finding beyond a reasonable doubt that an offender committed a nondrug
556556 felony offense, or any attempt or conspiracy, as defined in K.S.A. 21-5301
557557 and 21-5302, and amendments thereto, to commit a nondrug felony
558558 offense, against a law enforcement officer, as defined in K.S.A. 21-5111(p)
559559 (1) and (3), and amendments thereto, while such officer was engaged in
560560 the performance of such officer's duty, or in whole or in any part because
561561 of such officer's status as a law enforcement officer, the sentence for such
562562 offense shall be:
563563 (A) If such offense is classified in severity level 2 through 10, one
564564 severity level above the appropriate level for such offense; and
565565 (B) (i) if such offense is classified in severity level 1, except as
566566 otherwise provided in clause (ii), imprisonment for life, and such offender
567567 shall not be eligible for probation or suspension, modification or reduction
568568 of sentence. In addition, such offender shall not be eligible for parole prior
569569 to serving 25 years' imprisonment, and such 25 years' imprisonment shall
570570 not be reduced by the application of good time credits. No other sentence
571571 shall be permitted.
572572 (ii) The provisions of clause (i) requiring the court to impose a
573573 mandatory minimum term of imprisonment of 25 years shall not apply if
574574 the court finds the offender, because of the offender's criminal history
575575 classification, is subject to presumptive imprisonment and the sentencing
576576 range exceeds 300 months. In such case, the offender is required to serve a
577577 mandatory minimum term equal to the sentence established pursuant to the
578578 sentencing range.
579579 (2) The sentence imposed pursuant to paragraph (1) shall not be
580580 considered a departure and shall not be subject to appeal.
581581 (3) The provisions of this subsection shall not apply to an offense
582582 described in paragraph (1) if the factual aspect concerning a law
583583 enforcement officer is a statutory element of such offense.
584584 (z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments
585585 thereto, or any other provision of law to the contrary, the sentence for a
586586 violation of criminal possession of a weapon by a convicted felon as
587587 defined in K.S.A. 21-6304, and amendments thereto, shall be presumptive
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631631 imprisonment and shall be served consecutively to any other term or terms
632632 of imprisonment imposed if the trier of fact makes a finding beyond a
633633 reasonable doubt that:
634634 (A) The weapon the offender possessed during such violation was a
635635 firearm; and
636636 (B) such firearm was used by the offender during the commission of
637637 any violent felony.
638638 (2) The sentence imposed pursuant to paragraph (1) shall not be
639639 considered a departure and shall not be subject to appeal. No other
640640 sentence shall be permitted.
641641 (3) The provisions of this subsection shall not apply to an offender
642642 who is prohibited from possessing a weapon pursuant to K.S.A. 21-6304,
643643 and amendments thereto, as a result of a juvenile adjudication.
644644 (4) As used in this subsection, "violent felony" means any of the
645645 following:
646646 (A) Capital murder, as defined in K.S.A. 21-5401, and amendments
647647 thereto;
648648 (B) murder in the first degree, as defined in K.S.A. 21-5402, and
649649 amendments thereto;
650650 (C) murder in the second degree, as defined in K.S.A. 21-5403, and
651651 amendments thereto;
652652 (D) voluntary manslaughter, as defined in K.S.A. 21-5404, and
653653 amendments thereto;
654654 (E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and amendments
655655 thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and
656656 amendments thereto;
657657 (F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and
658658 amendments thereto, and aggravated assault of a law enforcement officer,
659659 as defined in K.S.A. 21-5412(d)(1), and amendments thereto;
660660 (G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or (b)
661661 (1)(B), and amendments thereto, and aggravated battery against a law
662662 enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2), and
663663 amendments thereto;
664664 (H) mistreatment of a dependent adult or mistreatment of an elder
665665 person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto;
666666 (I) rape, as defined in K.S.A. 21-5503, and amendments thereto;
667667 (J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and
668668 amendments thereto;
669669 (K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3), and
670670 amendments thereto;
671671 (L) any felony offense described in K.S.A. 21-5703 or 21-5705, and
672672 amendments thereto;
673673 (M) treason, as defined in K.S.A. 21-5901, and amendments thereto;
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717717 (N) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)
718718 (1), and amendments thereto;
719719 (O) fleeing or attempting to elude a police officer, as defined in
720720 K.S.A. 8-1568(b), and amendments thereto;
721721 (P) any felony that includes the domestic violence designation
722722 pursuant to K.S.A. 22-4616, and amendments thereto; or
723723 (Q) any attempt, conspiracy or criminal solicitation, as defined in
724724 K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any
725725 felony offense defined in this subsection.
726726 (aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A) or
727727 (a)(1)(B), and amendments thereto, if the trier of fact makes a finding
728728 beyond a reasonable doubt that the offender discharged a firearm and that
729729 the offender knew or reasonably should have known that:
730730 (A) A person was present in the dwelling, building, structure or motor
731731 vehicle at which the offender discharged a firearm, shall be presumptive
732732 imprisonment and, in addition to the sentence imposed pursuant to the
733733 Kansas sentencing guidelines act, the offender shall be sentenced to an
734734 additional 60 months of imprisonment; and
735735 (B) a person less than 14 years of age was present in the dwelling,
736736 building, structure or motor vehicle at which the offender discharged a
737737 firearm, shall be presumptive imprisonment and, in addition to the
738738 sentence imposed pursuant to the Kansas sentencing guidelines act, the
739739 offender shall be sentenced to an additional 120 months of imprisonment.
740740 (2) The sentence imposed pursuant to paragraph (1) shall be served
741741 consecutively to any other term or terms of imprisonment imposed. Such
742742 sentence shall not be considered a departure and shall not be subject to
743743 appeal.
744744 (bb) (1) If the trier of fact makes a finding beyond a reasonable doubt
745745 that an offender committed any act described in K.S.A. 21-5408, 21-5409,
746746 21-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-5427, 215428,
747747 21-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-5507, 21-5508, 21-
748748 5509, 21-5510, 21-5515, 21-5601, 21-5602, 21-5604 or 21-5605, and
749749 amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
750750 21-5301 and 21-5302, and amendments thereto, to commit any such act
751751 with knowledge that a woman is pregnant and with the intent that such act
752752 will compel such woman to obtain an abortion when such woman has
753753 expressed her desire to not obtain an abortion, the sentence for such
754754 offense shall be:
755755 (A) If such offense is classified in severity level 2 through 10, one
756756 severity level above the appropriate level for such offense; and
757757 (B) (i) if such offense is classified in severity level 1, except as
758758 otherwise provided in clause (ii), imprisonment for life, and such offender
759759 shall not be eligible for probation or suspension, modification or reduction
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803803 of sentence. In addition, such offender shall not be eligible for parole prior
804804 to serving 25 years' imprisonment, and such 25 years' imprisonment shall
805805 not be reduced by the application of good time credits. No other sentence
806806 shall be permitted.
807807 (ii) The provisions of clause (i) requiring the court to impose a
808808 mandatory minimum term of imprisonment of 25 years shall not apply if
809809 the court finds the offender, because of the offender's criminal history
810810 classification, is subject to presumptive imprisonment and the sentencing
811811 range exceeds 300 months. In such case, the offender is required to serve a
812812 mandatory minimum term equal to the sentence established pursuant to the
813813 sentencing range.
814814 (2) The sentence imposed pursuant to paragraph (1) shall not be
815815 considered a departure and shall not be subject to appeal.
816816 (cc) The sentence for a violation of K.S.A. 21-5430, and amendments
817817 thereto, shall be presumed imprisonment and the offender shall be
818818 sentenced to an additional 100 months of imprisonment if the trier of fact
819819 makes a finding beyond a reasonable doubt that the violation of K.S.A. 21-
820820 5430, and amendments thereto, caused the death of a person less than 18
821821 years of age. Such sentence shall not be considered a departure and shall
822822 not be subject to appeal.
823823 Sec. 2. K.S.A. 2024 Supp. 21-6805 is hereby amended to read as
824824 follows: 21-6805. (a) The provisions of this section shall be applicable to
825825 the sentencing guidelines grid for drug crimes. The following sentencing
826826 guidelines grid for drug crimes shall be applicable to felony crimes under
827827 K.S.A. 21-5701 through 21-5717, and amendments thereto, except as
828828 otherwise provided by law:
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856856 (b) Sentences expressed in the sentencing guidelines grid for drug
857857 crimes in subsection (a) represent months of imprisonment.
858858 (c) (1) The sentencing court has discretion to sentence at any place
859859 within the sentencing range. In the usual case it is recommended that the
860860 sentencing judge select the center of the range and reserve the upper and
861861 lower limits for aggravating and mitigating factors insufficient to warrant a
862862 departure. The sentencing court shall not distinguish between the
863863 controlled substances cocaine base (9041L000) and cocaine hydrochloride
864864 (9041L005) when sentencing within the sentencing range of the grid
865865 block.
866866 (2) In presumptive imprisonment cases, the sentencing court shall
867867 pronounce the complete sentence which shall include the:
868868 (A) Prison sentence;
869869 (B) maximum potential reduction to such sentence as a result of good
870870 time; and
871871 (C) period of postrelease supervision at the sentencing hearing.
872872 Failure to pronounce the period of postrelease supervision shall not negate
873873 the existence of such period of postrelease supervision.
874874 (3) In presumptive nonprison cases, the sentencing court shall
875875 pronounce the prison sentence as well as the duration of the nonprison
876876 sanction at the sentencing hearing.
877877 (d) Each grid block states the presumptive sentencing range for an
878878 offender whose crime of conviction and criminal history place such
879879 offender in that grid block. If an offense is classified in a grid block below
880880 the dispositional line, the presumptive disposition shall be
881881 nonimprisonment. If an offense is classified in a grid block above the
882882 dispositional line, the presumptive disposition shall be imprisonment. If an
883883 offense is classified in grid blocks 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-D, the
884884 court may impose an optional nonprison sentence as provided in K.S.A.
885885 21-6804(q), and amendments thereto.
886886 (e) The sentence for a second or subsequent conviction for unlawful
887887 manufacturing of a controlled substance, K.S.A. 65-4159, prior to its
888888 repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 21-5703,
889889 and amendments thereto, or a substantially similar offense from another
890890 jurisdiction, if the controlled substance in any prior conviction was
891891 methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
892892 amendments thereto, or an analog thereof, shall be a presumptive term of
893893 imprisonment of two times the maximum duration of the presumptive term
894894 of imprisonment. The court may impose an optional reduction in such
895895 sentence of not to exceed 50% of the mandatory increase provided by this
896896 subsection upon making a finding on the record that one or more of the
897897 mitigating factors as specified in K.S.A. 21-6815, and amendments
898898 thereto, justify such a reduction in sentence. Any decision made by the
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942942 court regarding the reduction in such sentence shall not be considered a
943943 departure and shall not be subject to appeal.
944944 (f) (1) The sentence for a third or subsequent felony conviction of
945945 K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp. 21-
946946 36a06, prior to its transfer, or K.S.A. 21-5706, and amendments thereto,
947947 shall be a presumptive term of imprisonment and the defendant shall be
948948 sentenced to prison as provided by this section. The defendant's term of
949949 imprisonment shall be served in the custody of the secretary of corrections
950950 in a facility designated by the secretary. Subject to appropriations
951951 therefore, the defendant shall participate in an intensive substance abuse
952952 treatment program, of at least four months duration, selected by the
953953 secretary of corrections. If the secretary determines that substance abuse
954954 treatment resources are otherwise available, such term of imprisonment
955955 may be served in a facility designated by the secretary of corrections in the
956956 custody of the secretary of corrections to participate in an intensive
957957 substance abuse treatment program. The secretary's determination
958958 regarding the availability of treatment resources shall not be subject to
959959 review. Upon the successful completion of such intensive treatment
960960 program, the offender shall be returned to the court and the court may
961961 modify the sentence by directing that a less severe penalty be imposed in
962962 lieu of that originally adjudged. If the offender's term of imprisonment
963963 expires, the offender shall be placed under the applicable period of
964964 postrelease supervision.
965965 (2) Such defendant's term of imprisonment shall not be subject to
966966 modification under paragraph (1) if:
967967 (A) The defendant has previously completed a certified drug abuse
968968 treatment program, as provided in K.S.A. 75-52,144, and amendments
969969 thereto;
970970 (B) has been discharged or refused to participate in a certified drug
971971 abuse treatment program, as provided in K.S.A. 75-52,144, and
972972 amendments thereto;
973973 (C) has completed an intensive substance abuse treatment program
974974 under paragraph (1); or
975975 (D) has been discharged or refused to participate in an intensive
976976 substance abuse treatment program under paragraph (1).
977977 (3) The sentence under this subsection shall not be considered a
978978 departure and shall not be subject to appeal.
979979 (g) (1) Except as provided further, if the trier of fact makes a finding
980980 that an offender carried a firearm to commit a drug felony, or in
981981 furtherance of a drug felony, possessed a firearm, in addition to the
982982 sentence imposed pursuant to K.S.A. 21-6801 through 21-6824, and
983983 amendments thereto, the offender shall be sentenced to:
984984 (A) Except as provided in subsection (g)(1)(B), an additional 6
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10281028 months' imprisonment; and
10291029 (B) if the trier of fact makes a finding that the firearm was
10301030 discharged, an additional 18 months' imprisonment.
10311031 (2) The sentence imposed pursuant to subsection (g)(1) shall be
10321032 presumptive imprisonment. Such sentence shall not be considered a
10331033 departure and shall not be subject to appeal.
10341034 (3) The provisions of this subsection shall not apply to violations of
10351035 K.S.A. 21-5706 or 21-5713, and amendments thereto.
10361036 (h) (1) Except as provided in subsection (j), the sentence for a
10371037 violation of the following with respect to material containing any quantity
10381038 of a fentanyl-related controlled substance shall be presumed imprisonment
10391039 and shall be two times the maximum duration of the presumptive term of
10401040 imprisonment:
10411041 (A) K.S.A. 21-5703, and amendments thereto; and
10421042 (B) K.S.A. 21-5705, and amendments thereto, if the violation is
10431043 classified as a drug severity level 1, 2 or 3 felony.
10441044 (2) Such sentence shall not be considered a departure and shall not be
10451045 subject to appeal.
10461046 (i) The sentence for a violation of K.S.A. 21-5703 or 21-5705, and
10471047 amendments thereto, shall be presumed imprisonment and shall be two
10481048 times the maximum duration of the presumptive term of imprisonment if
10491049 the trier of fact makes a finding beyond a reasonable doubt that the
10501050 controlled substance involved, because of its appearance or packaging,
10511051 was likely to be attractive to minors. Such sentence shall not be considered
10521052 a departure and shall not be subject to appeal.
10531053 (j) The sentence for a violation of K.S.A. 21-5705, and amendments
10541054 thereto, with respect to material containing any quantity of a fentanyl-
10551055 related controlled substances shall be presumed imprisonment and the
10561056 offender shall be sentenced to an additional 100 months of imprisonment
10571057 if the trier of fact makes a finding beyond a reasonable doubt that the
10581058 violation of K.S.A. 21-5705, and amendments thereto, caused the death of
10591059 a person less than 18 years of age. Such sentence shall not be considered
10601060 a departure and shall not be subject to appeal.
10611061 Sec. 3. K.S.A. 2024 Supp. 21-6804 and 21-6805 are hereby repealed.
10621062 Sec. 4. This act shall take effect and be in force from and after its
10631063 publication in the statute book.
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