Session of 2025
SENATE BILL No. 239
By Committee on Judiciary
2-6
AN ACT concerning crimes, punishment and criminal procedure; relating
to sentencing; creating a special sentencing rule to add 100 months to a
sentence for distribution of a controlled substance when the substance
involved is fentanyl and such distribution causes the death of a child;
amending K.S.A. 2024 Supp. 21-6804 and 21-6805 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 21-6804 is hereby amended to read as
follows: 21-6804. (a) The provisions of this section shall be applicable to
the sentencing guidelines grid for nondrug crimes. The following
sentencing guidelines grid shall be applicable to nondrug felony crimes:
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(b) Sentences expressed in the sentencing guidelines grid for nondrug
crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime
severity and criminal history classification tool. The grid's vertical axis is
the crime severity scale which classifies current crimes of conviction. The
grid's horizontal axis is the criminal history scale which classifies criminal
histories.
(d) The sentencing guidelines grid for nondrug crimes as provided in
this section defines presumptive punishments for felony convictions,
subject to the sentencing court's discretion to enter a departure sentence.
The appropriate punishment for a felony conviction should depend on the
severity of the crime of conviction when compared to all other crimes and
the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. In the usual case it is recommended that the
sentencing judge select the center of the range and reserve the upper and
lower limits for aggravating and mitigating factors insufficient to warrant a
departure.
(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of good
time; and
(C) period of postrelease supervision at the sentencing hearing.
Failure to pronounce the period of postrelease supervision shall not negate
the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall
pronounce the:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such
offender in that grid block. If an offense is classified in a grid block below
the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the
dispositional line, the presumptive disposition shall be imprisonment. If an
offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose
an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its repeal,
aggravated battery against a law enforcement officer committed prior to
July 1, 2006, or a violation of K.S.A. 21-5412(d), and amendments
thereto, aggravated assault against a law enforcement officer, which places
the defendant's sentence in grid block 6-H or 6-I shall be presumed
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imprisonment. The court may impose an optional nonprison sentence as
provided in subsection (q).
(h) When a firearm is used to commit any person felony, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(i) (1) The sentence for the violation of the felony provision of K.S.A.
21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and
amendments thereto, shall be as provided by the specific mandatory
sentencing requirements of that section and shall not be subject to the
provisions of this section or K.S.A. 21-6807, and amendments thereto.
(2) If because of the offender's criminal history classification the
offender is subject to presumptive imprisonment or if the judge departs
from a presumptive probation sentence and the offender is subject to
imprisonment, the provisions of this section and K.S.A. 21-6807, and
amendments thereto, shall apply and the offender shall not be subject to
the mandatory sentence as provided in K.S.A. 21-5823, and amendments
thereto.
(3) Notwithstanding the provisions of any other section, the term of
imprisonment imposed for the violation of the felony provision of K.S.A.
21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and
amendments thereto, shall not be served in a state facility in the custody of
the secretary of corrections. Prior to imposing any sentence pursuant to
this subsection, the court may consider assigning the defendant to a house
arrest program pursuant to K.S.A. 21-6609, and amendments thereto.
(j) (1) The sentence for any persistent sex offender whose current
convicted crime carries a presumptive term of imprisonment shall be
double the maximum duration of the presumptive imprisonment term. The
sentence for any persistent sex offender whose current conviction carries a
presumptive nonprison term shall be presumed imprisonment and shall be
double the maximum duration of the presumptive imprisonment term.
(2) Except as otherwise provided in this subsection, as used in this
subsection, "persistent sex offender" means a person who:
(A) (i) Has been convicted in this state of a sexually violent crime, as
defined in K.S.A. 22-3717, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one
conviction for a sexually violent crime, as defined in K.S.A. 22-3717, and
amendments thereto, in this state or comparable felony under the laws of
another state, the federal government or a foreign government; or
(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
prior to its repeal, or K.S.A. 21-5503, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one
conviction for rape in this state or comparable felony under the laws of
another state, the federal government or a foreign government.
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(3) Except as provided in subsection (j)(2)(B), the provisions of this
subsection shall not apply to any person whose current convicted crime is
a severity level 1 or 2 felony.
(k) (1) If it is shown at sentencing that the offender committed any
felony violation for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further or
assist in any criminal conduct by gang members, the offender's sentence
shall be presumed imprisonment. The court may impose an optional
nonprison sentence as provided in subsection (q).
(2) As used in this subsection, "criminal street gang" means any
organization, association or group of three or more persons, whether
formal or informal, having as one of its primary activities:
(A) The commission of one or more person felonies; or
(B) the commission of felony violations of article 57 of chapter 21 of
the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010
Supp. 21-36a01 through 21-36a17, prior to their transfer, or any felony
violation of any provision of the uniform controlled substances act prior to
July 1, 2009; and
(C) its members have a common name or common identifying sign or
symbol; and
(D) its members, individually or collectively, engage in or have
engaged in the commission, attempted commission, conspiracy to commit
or solicitation of two or more person felonies or felony violations of article
57 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their
transfer, any felony violation of any provision of the uniform controlled
substances act prior to July 1, 2009, or any substantially similar offense
from another jurisdiction.
(l) Except as provided in subsection (o), the sentence for a violation
of K.S.A. 21-5807(a)(1), and amendments thereto, or any attempt or
conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments
thereto, to commit such offense, when such person being sentenced has a
prior conviction for a violation of K.S.A. 21-3715(a) or (b), prior to its
repeal, 21-3716, prior to its repeal, K.S.A. 21-5807(a)(1) or (a)(2) or 21-
5807(b), and amendments thereto, or any attempt or conspiracy to commit
such offense, shall be presumptive imprisonment.
(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 21-
5913(a)(2), and amendments thereto, shall be presumptive imprisonment.
If an offense under such sections is classified in grid blocks 5-E, 5-F, 5-G,
5-H or 5-I, the court may impose an optional nonprison sentence as
provided in subsection (q).
(n) The sentence for a violation of criminal deprivation of property, as
defined in K.S.A. 21-5803, and amendments thereto, when such property
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is a motor vehicle, and when such person being sentenced has any
combination of two or more prior convictions of K.S.A. 21-3705(b), prior
to its repeal, or of criminal deprivation of property, as defined in K.S.A.
21-5803, and amendments thereto, when such property is a motor vehicle,
shall be presumptive imprisonment. Such sentence shall not be considered
a departure and shall not be subject to appeal.
(o) (1) The sentence for a felony violation of theft of property as
defined in K.S.A. 21-5801, and amendments thereto, or burglary as
defined in K.S.A. 21-5807(a), and amendments thereto, when such person
being sentenced has no prior convictions for a violation of K.S.A. 21-3701
or 21-3715, prior to their repeal, or theft of property as defined in K.S.A.
21-5801, and amendments thereto, or burglary as defined in K.S.A. 21-
5807(a), and amendments thereto; or the sentence for a felony violation of
theft of property as defined in K.S.A. 21-5801, and amendments thereto,
when such person being sentenced has one or two prior felony convictions
for a violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their
repeal, or theft of property as defined in K.S.A. 21-5801, and amendments
thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807,
and amendments thereto; or the sentence for a felony violation of burglary
as defined in K.S.A. 21-5807(a), and amendments thereto, when such
person being sentenced has one prior felony conviction for a violation of
K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of
property as defined in K.S.A. 21-5801, and amendments thereto, or
burglary or aggravated burglary as defined in K.S.A. 21-5807, and
amendments thereto, shall be the sentence as provided by this section,
except that the court may order an optional nonprison sentence for a
defendant to participate in a drug treatment program, including, but not
limited to, an approved aftercare plan, if the court makes the following
findings on the record:
(A) Substance abuse was an underlying factor in the commission of
the crime;
(B) substance abuse treatment in the community is likely to be more
effective than a prison term in reducing the risk of offender recidivism;
and
(C) participation in an intensive substance abuse treatment program
will serve community safety interests.
(2) A defendant sentenced to an optional nonprison sentence under
this subsection shall be supervised by community correctional services.
The provisions of K.S.A. 21-6824(f)(1), and amendments thereto, shall
apply to a defendant sentenced under this subsection. The sentence under
this subsection shall not be considered a departure and shall not be subject
to appeal.
(p) (1) The sentence for a felony violation of theft of property as
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defined in K.S.A. 21-5801, and amendments thereto, when such person
being sentenced has any combination of three or more prior felony
convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716, prior to
their repeal, or theft of property as defined in K.S.A. 21-5801, and
amendments thereto, or burglary or aggravated burglary as defined in
K.S.A. 21-5807, and amendments thereto; or the sentence for a violation
of burglary as defined in K.S.A. 21-5807(a), and amendments thereto,
when such person being sentenced has any combination of two or more
prior convictions for violations of K.S.A. 21-3701, 21-3715 and 21-3716,
prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and
amendments thereto, or burglary or aggravated burglary as defined in
K.S.A. 21-5807, and amendments thereto, shall be presumed
imprisonment and the defendant shall be sentenced to prison as provided
by this section, except that the court may recommend that an offender be
placed in the custody of the secretary of corrections, in a facility
designated by the secretary to participate in an intensive substance abuse
treatment program, upon making the following findings on the record:
(A) Substance abuse was an underlying factor in the commission of
the crime;
(B) substance abuse treatment with a possibility of an early release
from imprisonment is likely to be more effective than a prison term in
reducing the risk of offender recidivism; and
(C) participation in an intensive substance abuse treatment program
with the possibility of an early release from imprisonment will serve
community safety interests by promoting offender reformation.
(2) The intensive substance abuse treatment program shall be
determined by the secretary of corrections, but shall be for a period of at
least four months. Upon the successful completion of such intensive
treatment program, the offender shall be returned to the court and the court
may modify the sentence by directing that a less severe penalty be
imposed in lieu of that originally adjudged within statutory limits. If the
offender's term of imprisonment expires, the offender shall be placed
under the applicable period of postrelease supervision. The sentence under
this subsection shall not be considered a departure and shall not be subject
to appeal.
(q) (1) As used in this section, an "optional nonprison sentence" is a
sentence which the court may impose, in lieu of the presumptive sentence,
upon making the following findings on the record:
(A) An appropriate treatment program exists which is likely to be
more effective than the presumptive prison term in reducing the risk of
offender recidivism; and
(B) the recommended treatment program is available and the offender
can be admitted to such program within a reasonable period of time; or
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(C) the nonprison sanction will serve community safety interests by
promoting offender reformation.
(2) Any decision made by the court regarding the imposition of an
optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal.
(r) The sentence for a violation of K.S.A. 21-5413(c)(2), and
amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment imposed.
Such sentence shall not be considered a departure and shall not be subject
to appeal.
(s) The sentence for a violation of K.S.A. 21-5512, and amendments
thereto, shall be presumptive imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(t) (1) If the trier of fact makes a finding beyond a reasonable doubt
that an offender wore or used ballistic resistant material in the commission
of, or attempt to commit, or flight from any felony, in addition to the
sentence imposed pursuant to the Kansas sentencing guidelines act, the
offender shall be sentenced to an additional 30 months' imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be
presumptive imprisonment and shall be served consecutively to any other
term or terms of imprisonment imposed. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(3) As used in this subsection, "ballistic resistant material" means
any:
(A) Commercially produced material designed with the purpose of
providing ballistic and trauma protection, including, but not limited to,
bulletproof vests and kevlar vests; and
(B) homemade or fabricated substance or item designed with the
purpose of providing ballistic and trauma protection.
(u) The sentence for a violation of K.S.A. 21-6107, and amendments
thereto, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and
21-5302, and amendments thereto, to commit such offense, when such
person being sentenced has a prior conviction for a violation of K.S.A. 21-
4018, prior to its repeal, or K.S.A. 21-6107, and amendments thereto, or
any attempt or conspiracy to commit such offense, shall be presumptive
imprisonment. Such sentence shall not be considered a departure and shall
not be subject to appeal.
(v) The sentence for a third or subsequent violation of K.S.A. 8-1568,
and amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment imposed.
Such sentence shall not be considered a departure and shall not be subject
to appeal.
(w) The sentence for aggravated criminal damage to property as
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defined in K.S.A. 21-5813(b), and amendments thereto, when such person
being sentenced has a prior conviction for any nonperson felony shall be
presumptive imprisonment. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(x) The sentence for a violation of K.S.A. 21-5807(a)(1), and
amendments thereto, shall be presumptive imprisonment if the offense
under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(y) (1) Except as provided in paragraph (3), if the trier of fact makes a
finding beyond a reasonable doubt that an offender committed a nondrug
felony offense, or any attempt or conspiracy, as defined in K.S.A. 21-5301
and 21-5302, and amendments thereto, to commit a nondrug felony
offense, against a law enforcement officer, as defined in K.S.A. 21-5111(p)
(1) and (3), and amendments thereto, while such officer was engaged in
the performance of such officer's duty, or in whole or in any part because
of such officer's status as a law enforcement officer, the sentence for such
offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such offender
shall not be eligible for probation or suspension, modification or reduction
of sentence. In addition, such offender shall not be eligible for parole prior
to serving 25 years' imprisonment, and such 25 years' imprisonment shall
not be reduced by the application of good time credits. No other sentence
shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a
mandatory minimum term of imprisonment of 25 years shall not apply if
the court finds the offender, because of the offender's criminal history
classification, is subject to presumptive imprisonment and the sentencing
range exceeds 300 months. In such case, the offender is required to serve a
mandatory minimum term equal to the sentence established pursuant to the
sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to an offense
described in paragraph (1) if the factual aspect concerning a law
enforcement officer is a statutory element of such offense.
(z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments
thereto, or any other provision of law to the contrary, the sentence for a
violation of criminal possession of a weapon by a convicted felon as
defined in K.S.A. 21-6304, and amendments thereto, shall be presumptive
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imprisonment and shall be served consecutively to any other term or terms
of imprisonment imposed if the trier of fact makes a finding beyond a
reasonable doubt that:
(A) The weapon the offender possessed during such violation was a
firearm; and
(B) such firearm was used by the offender during the commission of
any violent felony.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal. No other
sentence shall be permitted.
(3) The provisions of this subsection shall not apply to an offender
who is prohibited from possessing a weapon pursuant to K.S.A. 21-6304,
and amendments thereto, as a result of a juvenile adjudication.
(4) As used in this subsection, "violent felony" means any of the
following:
(A) Capital murder, as defined in K.S.A. 21-5401, and amendments
thereto;
(B) murder in the first degree, as defined in K.S.A. 21-5402, and
amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-5403, and
amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-5404, and
amendments thereto;
(E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and amendments
thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and
amendments thereto;
(F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and
amendments thereto, and aggravated assault of a law enforcement officer,
as defined in K.S.A. 21-5412(d)(1), and amendments thereto;
(G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or (b)
(1)(B), and amendments thereto, and aggravated battery against a law
enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2), and
amendments thereto;
(H) mistreatment of a dependent adult or mistreatment of an elder
person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto;
(I) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and
amendments thereto;
(K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3), and
amendments thereto;
(L) any felony offense described in K.S.A. 21-5703 or 21-5705, and
amendments thereto;
(M) treason, as defined in K.S.A. 21-5901, and amendments thereto;
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(N) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)
(1), and amendments thereto;
(O) fleeing or attempting to elude a police officer, as defined in
K.S.A. 8-1568(b), and amendments thereto;
(P) any felony that includes the domestic violence designation
pursuant to K.S.A. 22-4616, and amendments thereto; or
(Q) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any
felony offense defined in this subsection.
(aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A) or
(a)(1)(B), and amendments thereto, if the trier of fact makes a finding
beyond a reasonable doubt that the offender discharged a firearm and that
the offender knew or reasonably should have known that:
(A) A person was present in the dwelling, building, structure or motor
vehicle at which the offender discharged a firearm, shall be presumptive
imprisonment and, in addition to the sentence imposed pursuant to the
Kansas sentencing guidelines act, the offender shall be sentenced to an
additional 60 months of imprisonment; and
(B) a person less than 14 years of age was present in the dwelling,
building, structure or motor vehicle at which the offender discharged a
firearm, shall be presumptive imprisonment and, in addition to the
sentence imposed pursuant to the Kansas sentencing guidelines act, the
offender shall be sentenced to an additional 120 months of imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be served
consecutively to any other term or terms of imprisonment imposed. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(bb) (1) If the trier of fact makes a finding beyond a reasonable doubt
that an offender committed any act described in K.S.A. 21-5408, 21-5409,
21-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-5427, 215428,
21-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-5507, 21-5508, 21-
5509, 21-5510, 21-5515, 21-5601, 21-5602, 21-5604 or 21-5605, and
amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
21-5301 and 21-5302, and amendments thereto, to commit any such act
with knowledge that a woman is pregnant and with the intent that such act
will compel such woman to obtain an abortion when such woman has
expressed her desire to not obtain an abortion, the sentence for such
offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such offender
shall not be eligible for probation or suspension, modification or reduction
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of sentence. In addition, such offender shall not be eligible for parole prior
to serving 25 years' imprisonment, and such 25 years' imprisonment shall
not be reduced by the application of good time credits. No other sentence
shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a
mandatory minimum term of imprisonment of 25 years shall not apply if
the court finds the offender, because of the offender's criminal history
classification, is subject to presumptive imprisonment and the sentencing
range exceeds 300 months. In such case, the offender is required to serve a
mandatory minimum term equal to the sentence established pursuant to the
sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal.
(cc) The sentence for a violation of K.S.A. 21-5430, and amendments
thereto, shall be presumed imprisonment and the offender shall be
sentenced to an additional 100 months of imprisonment if the trier of fact
makes a finding beyond a reasonable doubt that the violation of K.S.A. 21-
5430, and amendments thereto, caused the death of a person less than 18
years of age. Such sentence shall not be considered a departure and shall
not be subject to appeal.
Sec. 2. K.S.A. 2024 Supp. 21-6805 is hereby amended to read as
follows: 21-6805. (a) The provisions of this section shall be applicable to
the sentencing guidelines grid for drug crimes. The following sentencing
guidelines grid for drug crimes shall be applicable to felony crimes under
K.S.A. 21-5701 through 21-5717, and amendments thereto, except as
otherwise provided by law:
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(b) Sentences expressed in the sentencing guidelines grid for drug
crimes in subsection (a) represent months of imprisonment.
(c) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. In the usual case it is recommended that the
sentencing judge select the center of the range and reserve the upper and
lower limits for aggravating and mitigating factors insufficient to warrant a
departure. The sentencing court shall not distinguish between the
controlled substances cocaine base (9041L000) and cocaine hydrochloride
(9041L005) when sentencing within the sentencing range of the grid
block.
(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of good
time; and
(C) period of postrelease supervision at the sentencing hearing.
Failure to pronounce the period of postrelease supervision shall not negate
the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall
pronounce the prison sentence as well as the duration of the nonprison
sanction at the sentencing hearing.
(d) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such
offender in that grid block. If an offense is classified in a grid block below
the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the
dispositional line, the presumptive disposition shall be imprisonment. If an
offense is classified in grid blocks 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-D, the
court may impose an optional nonprison sentence as provided in K.S.A.
21-6804(q), and amendments thereto.
(e) The sentence for a second or subsequent conviction for unlawful
manufacturing of a controlled substance, K.S.A. 65-4159, prior to its
repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 21-5703,
and amendments thereto, or a substantially similar offense from another
jurisdiction, if the controlled substance in any prior conviction was
methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof, shall be a presumptive term of
imprisonment of two times the maximum duration of the presumptive term
of imprisonment. The court may impose an optional reduction in such
sentence of not to exceed 50% of the mandatory increase provided by this
subsection upon making a finding on the record that one or more of the
mitigating factors as specified in K.S.A. 21-6815, and amendments
thereto, justify such a reduction in sentence. Any decision made by the
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court regarding the reduction in such sentence shall not be considered a
departure and shall not be subject to appeal.
(f) (1) The sentence for a third or subsequent felony conviction of
K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp. 21-
36a06, prior to its transfer, or K.S.A. 21-5706, and amendments thereto,
shall be a presumptive term of imprisonment and the defendant shall be
sentenced to prison as provided by this section. The defendant's term of
imprisonment shall be served in the custody of the secretary of corrections
in a facility designated by the secretary. Subject to appropriations
therefore, the defendant shall participate in an intensive substance abuse
treatment program, of at least four months duration, selected by the
secretary of corrections. If the secretary determines that substance abuse
treatment resources are otherwise available, such term of imprisonment
may be served in a facility designated by the secretary of corrections in the
custody of the secretary of corrections to participate in an intensive
substance abuse treatment program. The secretary's determination
regarding the availability of treatment resources shall not be subject to
review. Upon the successful completion of such intensive treatment
program, the offender shall be returned to the court and the court may
modify the sentence by directing that a less severe penalty be imposed in
lieu of that originally adjudged. If the offender's term of imprisonment
expires, the offender shall be placed under the applicable period of
postrelease supervision.
(2) Such defendant's term of imprisonment shall not be subject to
modification under paragraph (1) if:
(A) The defendant has previously completed a certified drug abuse
treatment program, as provided in K.S.A. 75-52,144, and amendments
thereto;
(B) has been discharged or refused to participate in a certified drug
abuse treatment program, as provided in K.S.A. 75-52,144, and
amendments thereto;
(C) has completed an intensive substance abuse treatment program
under paragraph (1); or
(D) has been discharged or refused to participate in an intensive
substance abuse treatment program under paragraph (1).
(3) The sentence under this subsection shall not be considered a
departure and shall not be subject to appeal.
(g) (1) Except as provided further, if the trier of fact makes a finding
that an offender carried a firearm to commit a drug felony, or in
furtherance of a drug felony, possessed a firearm, in addition to the
sentence imposed pursuant to K.S.A. 21-6801 through 21-6824, and
amendments thereto, the offender shall be sentenced to:
(A) Except as provided in subsection (g)(1)(B), an additional 6
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months' imprisonment; and
(B) if the trier of fact makes a finding that the firearm was
discharged, an additional 18 months' imprisonment.
(2) The sentence imposed pursuant to subsection (g)(1) shall be
presumptive imprisonment. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to violations of
K.S.A. 21-5706 or 21-5713, and amendments thereto.
(h) (1) Except as provided in subsection (j), the sentence for a
violation of the following with respect to material containing any quantity
of a fentanyl-related controlled substance shall be presumed imprisonment
and shall be two times the maximum duration of the presumptive term of
imprisonment:
(A) K.S.A. 21-5703, and amendments thereto; and
(B) K.S.A. 21-5705, and amendments thereto, if the violation is
classified as a drug severity level 1, 2 or 3 felony.
(2) Such sentence shall not be considered a departure and shall not be
subject to appeal.
(i) The sentence for a violation of K.S.A. 21-5703 or 21-5705, and
amendments thereto, shall be presumed imprisonment and shall be two
times the maximum duration of the presumptive term of imprisonment if
the trier of fact makes a finding beyond a reasonable doubt that the
controlled substance involved, because of its appearance or packaging,
was likely to be attractive to minors. Such sentence shall not be considered
a departure and shall not be subject to appeal.
(j) The sentence for a violation of K.S.A. 21-5705, and amendments
thereto, with respect to material containing any quantity of a fentanyl-
related controlled substances shall be presumed imprisonment and the
offender shall be sentenced to an additional 100 months of imprisonment
if the trier of fact makes a finding beyond a reasonable doubt that the
violation of K.S.A. 21-5705, and amendments thereto, caused the death of
a person less than 18 years of age. Such sentence shall not be considered
a departure and shall not be subject to appeal.
Sec. 3. K.S.A. 2024 Supp. 21-6804 and 21-6805 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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