Kansas 2023-2024 Regular Session

Kansas Senate Bill SB238

Introduced
2/10/23  
Refer
2/13/23  
Report Pass
2/21/23  
Refer
2/23/23  

Caption

Increasing criminal penalties on drug-related crimes when the drug is fentanyl and creating special sentencing rules for mandatory imprisonment and additional terms of imprisonment for drug-related crimes when the drug is fentanyl or is attractive to minors because of its appearance or packaging.

Impact

If passed, SB238 would significantly amend existing criminal laws regarding drug-related offenses in Kansas. This would increase the severity of penalties for individuals caught manufacturing or distributing fentanyl, aligning them with more serious crimes and creating a presumption of imprisonment for certain offenses. The bill intends to target the opioid crisis by reinforcing strict measures against possible offenders, reflecting an urgent response to public health concerns. Furthermore, the amendments may influence local law enforcement practices and judicial sentencing processes, necessitating adjustments in how drug-related crimes are prosecuted.

Summary

Senate Bill 238 focuses on enhancing the penalties associated with the manufacturing and distribution of controlled substances, particularly those related to fentanyl. This bill expands the definition of manufacturing to include placing controlled substances into pill form, signaling a legislative effort to address the rising problems surrounding drug misuse and fatalities due to fentanyl. By defining more stringent penalties specifically for fentanyl-related offenses, the bill aims to deter the manufacturing and distribution of these dangerous substances. Additionally, it introduces special sentencing guidelines that mandate longer prison terms for those convicted of manufacturing drugs that could be particularly appealing to minors due to their appearance or packaging.

Contention

The bill's approach has raised various concerns among legislators and stakeholders. Opponents might argue that increasing penalties does not adequately address the underlying issues of addiction and drug dependency, suggesting that rehabilitation programs could be more effective in reducing drug-related crimes. Additionally, the definitions regarding what constitutes appealing packaging for minors could lead to ambiguity and potential misuse in enforcement. Moreover, some may question whether the bill disproportionately impacts certain demographics without effectively curbing drug abuses or improving community safety.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2398

Adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment.

KS SB174

Increasing the criminal penalties for battery of a healthcare provider, adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and for manufacturing or distributing any controlled substances that are likely to be attractive to minors because of their appearance or packaging, creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment, excluding materials used to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid from the definition of drug paraphernalia, adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary, increasing criminal penalties for the crime of interference with law enforcement when the violation involves fleeing from a law enforcement officer and authorizing the attorney general to prosecute certain crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.

KS HB2215

Creating the crime of utilizing a drug-masking product and providing criminal penalties therefor.

KS SB240

Amending the crime of aggravated endangering a child to increase the criminal penalties in certain environments where any person is distributing, possessing with intent to distribute, manufacturing or attempting to manufacture fentanyl-related controlled substances.

KS HB2328

Excluding tests to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid in a substance from the definition of drug paraphernalia.

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.

KS SB413

Specifying criminal penalties for unlawful distribution of fentanyl-related controlled substances when distributed by weight or dosage unit.

KS HB2547

Pertaining to the regulation of certain drugs, authorizing schools to maintain stock supplies of emergency medication kits for certain life-threatening conditions and adding and removing certain substances in schedules I, II, IV and V of the uniform controlled substances act and making conforming changes to the criminal code definition of fentanyl-related controlled substances.

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 SB419

House Substitute for SB 419 by Committee on Corrections and Juvenile Justice - Providing immunity from prosecution for certain drug crimes when persons seek or provide medical assistance related to the use of a controlled substance.

Similar Bills

NJ A2459

Upgrades penalties for certain crimes involving heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows certain defendants to be eligible for drug court.

NJ A3168

Upgrades penalties for certain crimes involving heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows certain defendants to be eligible for drug court.

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.

NJ S3096

Upgrades penalties for certain crimes involving heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows certain defendants to be eligible for drug court.

KS HB2398

Adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment.

NJ A714

Allows certain drug dealing offenses to be graded by "units," rather than weight, of controlled dangerous substances.

NJ S166

Allows certain drug dealing offenses to be graded by "units," rather than weight, of controlled dangerous substances.

NJ S2492

Enhances penalties for distribution and manufacture of certain amounts of fentanyl.