Session of 1998
                   
HOUSE BILL No. 2834
         
By Representatives Edmonds
         
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            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 of a nonperson felony shall be
21       rated as one adult conviction of a person felony for criminal history pur-
22       poses. Every three prior adult convictions or juvenile adjudications of class
23       A and class B person misdemeanors in the offender's criminal history, or
24       any combination thereof, shall be rated as one adult conviction or one
25       juvenile adjudication of a person felony for criminal history purposes.
26       Every three prior adult convictions or juvenile adjudications of assault as
27       defined in K.S.A. 21-3408 and amendments thereto occurring within a
28       period of three years shall be rated as one adult conviction or one juvenile
29       adjudication of a person felony for criminal history purposes.
30           (b) A conviction of subsection (a)(1) of K.S.A. 21-4204 and amend-
31       ments thereto, criminal possession of firearms by a person who is both
32       addicted to and an unlawful user of a controlled substance, subsection
33       (a)(4) of K.S.A. 21-4204 and amendments thereto, possession of a firearm
34       on school grounds or K.S.A. 21-4218 and amendments thereto, possession
35       of a firearm on the grounds or in the state capitol building, will be scored
36       as a select class B nonperson misdemeanor conviction or adjudication and
37       shall not be scored as a person misdemeanor for criminal history pur-
38       poses.
39           (c) (1) If the current crime of conviction was committed before July
40       1, 1996, and is for subsection (b) of K.S.A. 21-3404, involuntary man-
41       slaughter in the commission of K.S.A. 8-1567 and amendments thereto
42       driving under the influence, then, each prior adult conviction or juvenile
43       adjudication for K.S.A. 8-1567 and amendments thereto shall count as

HB 2834

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  1       one person felony for criminal history purposes.
  2           (2) If the current crime of conviction was committed on or after July
  3       1, 1996, and is for involuntary manslaughter while driving under the in-
  4       fluence of alcohol and drugs, each prior adult conviction, diversion in lieu
  5       of criminal prosecution or juvenile adjudication for an act described in
  6       K.S.A. 8-1567 and amendments thereto shall count as one person felony
  7       for criminal history purposes.
  8           (d) Prior burglary adult convictions and juvenile adjudications will be
  9       scored for criminal history purposes as follows:
10           (1) As a prior person felony if the prior conviction or adjudication
11       was classified as a burglary as described in subsection (a) of K.S.A. 21-
12       3715 and amendments thereto.
13           (2) As a prior nonperson felony if the prior conviction or adjudication
14       was classified as a burglary as described in subsection (b) or (c) of K.S.A.
15       21-3715 and amendments thereto.
16           The facts required to classify prior burglary adult convictions and ju-
17       venile adjudications must be established by the state by a preponderance
18       of the evidence.
19           (e) Out-of-state convictions and juvenile adjudications will be used in
20       classifying the offender's criminal history. An out-of-state crime will be
21       classified as either a felony or a misdemeanor according to the convicting
22       jurisdiction. If a crime is a felony in another state, it will be counted as a
23       felony in Kansas. The state of Kansas shall classify the crime as person or
24       nonperson. In designating a crime as person or nonperson comparable
25       offenses shall be referred to. If the state of Kansas does not have a com-
26       parable offense, the out-of-state conviction shall be classified as a non-
27       person crime. Convictions or adjudications occurring within the federal
28       system, other state systems, the District of Columbia, foreign, tribal or
29       military courts are considered out-of-state convictions or adjudications.
30       The facts required to classify out-of-state adult convictions and juvenile
31       adjudications must be established by the state by a preponderance of the
32       evidence.
33           (f) Except as provided in subsections (4), (5) and (6) of K.S.A.   21-
34       4705 * 21-4710 and amendments thereto, juvenile adjudications will be
35       applied in the same manner as adult convictions. Out-of-state juvenile
36       adjudications will be treated as juvenile adjudications in Kansas.
37           (g) A prior felony conviction of an attempt, a conspiracy or a solici-
38       tation as provided in K.S.A. 21-3301, 21-3302 or 21-3303 and amend-
39       ments thereto, to commit a crime shall be treated as a person or non-
40       person crime in accordance with the designation assigned to the
41       underlying crime.
42           (h) Drug crimes are designated as nonperson crimes for criminal his-
43       tory scoring.

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  1           Sec. 2. K.S.A. 1997 Supp. 21-4711 is hereby repealed.
  2           Sec. 3. This act shall take effect and be in force from and after its
  3       publication in the statute book.
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