Kansas 2023-2024 Regular Session

Kansas House Bill HB2068

Introduced
1/18/23  
Refer
1/18/23  

Caption

Modifying how certain prior convictions are counted for the special sentencing rule related to possession of a controlled substance and providing concurrent or consecutive sentencing for persons convicted of new crimes while on release for a felony.

Impact

One of the significant implications of HB2068 involves the treatment of individuals sentenced for new crimes while under some form of community supervision, such as probation or parole. By specifying that such sentences must be served consecutively to the terms of release, the bill shifts the balance towards imposing stricter penalties for repeat offenses. This could lead to longer periods of incarceration for individuals whose circumstances would previously have permitted concurrent sentences. The bill aims to deter repeat offenses by enhancing the penalties for those who violate supervision conditions.

Summary

House Bill 2068 seeks to amend certain aspects of sentencing procedures for individuals convicted of drug-related offenses in Kansas. The proposed legislation modifies existing laws regarding how prior convictions are counted when applying the special sentencing rules for possession of a controlled substance. Specifically, it establishes a framework for determining whether sentences for new crimes are served concurrently or consecutively, particularly for those on probation or parole at the time of the new offense. The intent of these changes is to create clearer guidelines for judges, improving the consistency of sentencing outcomes across the state.

Contention

Despite its goal of creating more uniform sentencing practices, HB2068 has provoked discussions regarding the potential increase in incarceration rates among non-violent offenders. Critics argue that the bill could disproportionately affect low-income individuals who may already be facing challenges within the justice system. There are concerns that increased prison time may not effectively address the underlying issues tied to drug offenses, such as addiction and mental health, thus leading to calls for a more rehabilitative approach rather than punitive measures.

Companion Bills

No companion bills found.

Previously Filed As

KS SB412

Modifying criminal sentencing rules applicable in multiple conviction cases where consecutive sentences may be imposed by the sentencing judge and the sentence for the primary crime is a nonprison sentence.

KS HB442

Provides relative to sentencing and treatment of certain offenders convicted of certain violations of the Uniform Controlled Dangerous Substances Law (EN DECREASE GF EX See Note)

KS SB239

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 the distribution causes the death of a child.

KS SB216

Adding possession or using a firearm during the commission of certain drug crimes to the crime of criminal use of weapons and creating a special sentencing rule of presumptive imprisonment for violations thereof.

KS SB00796

An Act Concerning Lengthy Sentences For Crimes Committed By A Child Or Youth And The Sentencing Of A Child Or Youth Convicted Of Certain Felony Offenses.

KS HB06581

An Act Concerning The Recommendations Of The Connecticut Sentencing Commission Regarding Lengthy Sentences For Crimes Committed By A Child Or Youth And The Sentencing Of A Child Or Youth Convicted Of Certain Felony Offenses.

KS HB05221

An Act Concerning The Recommendations Of The Connecticut Sentencing Commission Regarding Lengthy Sentences For Crimes Committed By A Child Or Youth And The Sentencing Of A Child Or Youth Convicted Of Certain Felony Offenses.

KS SB801

Sentencing for crimes committed by a person who is under the age of 18.

KS AB845

Sentencing for crimes committed by a person who is under the age of 18.

KS SB414

Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders, removing the requirement that municipal courts collect fingerprints from persons convicted of violating certain municipal ordinance provisions, amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances, increasing the criminal penalties for unlawful distribution of fentanyl-related controlled substances, eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence and updating the general terms of supervision for offenders on probation and postrelease supervision.

Similar Bills

KS SB412

Modifying criminal sentencing rules applicable in multiple conviction cases where consecutive sentences may be imposed by the sentencing judge and the sentence for the primary crime is a nonprison sentence.

CA AB1955

Peace officers: injury to a peace officer’s horse or dog.

CA SB911

Police animals: offenses.

CA SB567

Criminal procedure: sentencing.

IL HB2764

CD CORR-EARNED REENTRY

CA SB459

Crimes: rape: great bodily injury.

IL SB2129

CD CORR-EARNED REENTRY

CA AB1182

Post-release supervision of offenders.