KS
Kansas House Bill HB2217

Kansas 2023-2024 Regular Session

Kansas House Bill HB2217

Introduced
1/30/23  
Refer
1/30/23  

Caption

Requiring that a criminal sentence be presumptive imprisonment if a person felony was committed against a person based on that person's actual or perceived race, color, religion, ethnicity, national origin or sexual orientation.

Impact

The enactment of HB 2217 will amend existing sentencing laws to incorporate new provisions for determining sentences for certain felonies. By mandating that convictions based on bias or hate lead to presumptive imprisonment, the bill aims to reduce disparities in sentencing and improve overall public safety. This could particularly affect marginalized communities, as the legislation is designed to deter biased crimes and ensure that offenders face significant consequences. However, it may also raise concerns regarding the potential for overly harsh penalties and the implications for judicial discretion.

Summary

House Bill 2217 proposes significant changes to the sentencing guidelines for nondrug felonies in Kansas, particularly targeting crimes motivated by hate or bias against individuals based on their actual or perceived race, color, religion, ethnicity, national origin, or sexual orientation. The bill establishes a presumption of imprisonment for individuals convicted of these offenses, thereby shifting the legal framework towards more stringent penalties for hate crimes. This legislation reflects a growing recognition of the need to address the harmful impacts of hate crimes and to hold offenders accountable in a meaningful way.

Contention

Opponents of HB 2217 argue that while the intent behind the bill is commendable, it could inadvertently lead to disproportionate sentencing for certain individuals. Critics have voiced concerns about the adequacy of existing restraints and the fear that the legislation might foster an environment where individuals are punished more severely based solely on the perceived motivations behind their actions. Skeptics suggest that a focus on rehabilitating offenders, instead of imposing mandatory minimums for hate crimes, may better serve justice and public safety. The debate highlights broader discussions on how to balance justice, social equality, and the protection of civil liberties.

Latest HB2217 Activity

Companion Bills

No companion bills found.

Previously Filed As

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 SB380

Clarifying a special sentencing rule applicable to violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm.

KS HB2031

Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.

KS SB193

Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.

KS SB183

Increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm.

KS HB2068

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.

KS HB2010

Senate Substitute for HB 2010 by Committee on Judiciary - Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime; increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm; enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; providing that the service of postrelease supervision period shall not toll except as otherwise provided by law; and allowing certain nondrug offenders to participate in a certified drug abuse treatment program.

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 HB2436

Senate Substitute for HB 2436 by Committee on Federal and State Affairs - Creating the crime of coercion to obtain an abortion and providing enhanced criminal penalties for offenses committed with the intent to coerce a woman to obtain an abortion.

KS HB2813

Creating the crime of reproductive coercion that includes coercion to obtain an abortion or to gain control over the reproductive autonomy of another person by force; providing penalties.

Similar Bills

KS SB380

Clarifying a special sentencing rule applicable to violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm.

KS HB2031

Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.

KS SB193

Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.

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 HB2436

Senate Substitute for HB 2436 by Committee on Federal and State Affairs - Creating the crime of coercion to obtain an abortion and providing enhanced criminal penalties for offenses committed with the intent to coerce a woman to obtain an abortion.

KS SB183

Increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm.

KS SB527

Creating the crime of coercion to obtain an abortion and providing enhanced criminal penalties for offenses committed with the intent to coerce a woman to obtain an abortion.

KS HB2813

Creating the crime of reproductive coercion that includes coercion to obtain an abortion or to gain control over the reproductive autonomy of another person by force; providing penalties.