Session of 1998
HOUSE BILL No. 2817
By Committee on Judiciary
2-4
9
AN ACT concerning crimes, punishment and
criminal procedure; relating
10 to the offender's
criminal history classification; amending K.S.A. 1997
11 Supp. 21-4711 and
repealing the existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 21-4711 is hereby amended to read as
15 follows: 21-4711. In addition to the
provisions of K.S.A. 21-4710 and
16 amendments thereto, the following shall
apply in determining an of-
17 fender's criminal history classification as
contained in the presumptive
18 sentencing guidelines grid for nondrug
crimes and the presumptive sen-
19 tencing guidelines grid for drug
crimes:
20 (a) Every three prior
adult convictions or juvenile adjudications of
21 class A and class B person misdemeanors,
and all violations of municipal
22 ordinances or county resolutions which
are comparable to such misde-
23 meanors in the offender's criminal
history, or any combination thereof,
24 shall be rated as one adult conviction or
one juvenile adjudication of a
25 person felony for criminal history
purposes. Every three prior adult con-
26 victions or juvenile adjudications of
assault as defined in K.S.A. 21-3408
27 and amendments thereto and convictions
and adjudication for violations
28 of municipal ordinances or county
resolutions which are comparable to
29 assault as defines in K.S.A. 21-3408 and
amendments thereto, occurring
30 within a period of three years shall be
rated as one adult conviction or
31 one juvenile adjudication of a person
felony for criminal history purposes.
32 (b) A conviction of
subsection (a)(1) of K.S.A. 21-4204 and amend-
33 ments thereto, criminal possession of
firearms by a person who is both
34 addicted to and an unlawful user of a
controlled substance, subsection
35 (a)(4) of K.S.A. 21-4204 and amendments
thereto, possession of a firearm
36 on school grounds or K.S.A. 21-4218 and
amendments thereto, possession
37 of a firearm on the grounds or in the state
capitol building, will be scored
38 as a select class B nonperson misdemeanor
conviction or adjudication and
39 shall not be scored as a person misdemeanor
for criminal history pur-
40 poses.
41 (c) (1) If the
current crime of conviction was committed before
July
42 1, 1996, and is for
subsection (b) of K.S.A. 21-3404 and amendments
43 thereto, involuntary manslaughter in
the commission of K.S.A. 8-1567 and
HB 2817
2
1 amendments thereto driving under the
influence, then, each prior adult
2 conviction or juvenile adjudication
for K.S.A. 8-1567 and amendments
3 thereto shall count as one person
felony for criminal history purposes.
4 (2) If the current
crime of conviction was committed on or after
July
5 1, 1996, and is for
K.S.A. 1997 Supp. 21-3442 and amendments thereto,
6 involuntary manslaughter while
driving under the influence of alcohol and
7 drugs, each prior adult conviction,
diversion in lieu of criminal prosecu-
8 tion or juvenile adjudication for an
act described in K.S.A. 8-1567 and
9 amendments thereto, and each prior
adult conviction, diversion in lieu
10 of criminal prosecution or juvenile
adjudication for violations of municipal
11 ordinances or county resolutions which
are comparable to an act de-
12 scribed in K.S.A. 8-1567 and amendments
thereto, shall count as one
13 person felony for criminal history
purposes.
14 (d) Prior burglary adult
convictions and juvenile adjudications will be
15 scored for criminal history purposes as
follows:
16 (1) As a prior person
felony if the prior conviction or adjudication
17 was classified as a burglary as described
in subsection (a) of K.S.A. 21-
18 3715 and amendments thereto.
19 (2) As a prior nonperson
felony if the prior conviction or adjudication
20 was classified as a burglary as described
in subsection (b) or (c) of K.S.A.
21 21-3715 and amendments thereto.
22 The facts required to
classify prior burglary adult convictions and ju-
23 venile adjudications must be established by
the state by a preponderance
24 of the evidence.
25 (e) Out-of-state
convictions and juvenile adjudications will be used in
26 classifying the offender's criminal
history. An out-of-state crime will be
27 classified as either a felony or a
misdemeanor according to the convicting
28 jurisdiction. If a crime is a felony in
another state, it will be counted as a
29 felony in Kansas. The state of Kansas shall
classify the crime as person or
30 nonperson. In designating a crime as person
or nonperson comparable
31 offenses shall be referred to. If the state
of Kansas does not have a com-
32 parable offense, the out-of-state
conviction shall be classified as a non-
33 person crime. Convictions or
adjudications, and each prior adult convic-
34 tion, diversion in lieu of criminal
prosecution or juvenile adjudication for
35 violations of municipal ordinances or
county resolutions, occurring within
36 the federal system, other state systems,
the District of Columbia, foreign,
37 tribal or military courts are considered
out-of-state convictions or adju-
38 dications. The facts required to classify
out-of-state adult convictions and
39 juvenile adjudications must be established
by the state by a preponder-
40 ance of the evidence.
41 (f) Except as provided
in subsections (4), (5) and (6) of K.S.A. 21-
42 4705 21-4710 and
amendments thereto, juvenile adjudications will be
43 applied in the same manner as adult
convictions. Out-of-state juvenile
HB 2817
3
1 adjudications will be treated as
juvenile adjudications in Kansas.
2 (g) A prior felony
conviction of an attempt, a conspiracy or a solici-
3 tation as provided in K.S.A. 21-3301,
21-3302 or 21-3303 and amend-
4 ments thereto, to commit a crime
shall be treated as a person or non-
5 person crime in accordance with the
designation assigned to the
6 underlying crime.
7 (h) Drug crimes
are designated as nonperson crimes for criminal his-
8 tory scoring.
9
Sec. 2. K.S.A. 1997 Supp. 21-4711 is hereby repealed.
10 Sec. 3. This act
shall take effect and be in force from and after its
11 publication in the statute book.
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13