---

Session of 2000
          HOUSE BILL No. 2969           By Representatives Crow and Hermes, Johnston, Kuether, Lloyd, Loyd,           Judy Morrison, Ray, Ruff, Showalter, Storm and Tomlinson           2-9          

---

10             AN  ACT concerning crimes and punishment; relating to domestic bat-
11             tery; amending K.S.A. 1999 Supp. 21-4704 and repealing the existing
12             section.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 21-4704 is hereby amended to read as
16       follows: 21-4704. (a) For purposes of sentencing, the following sentencing
17       guidelines grid for nondrug crimes shall be applied in felony cases for
18       crimes committed on or after July 1, 1993:

2
  1      
  2      
  3      
  4      
  5      

3
  1             (b) The provisions of this section shall be applicable to the sentencing
  2       guidelines grid for nondrug crimes. Sentences expressed in such grid
  3       represent months of imprisonment.
  4             (c) The sentencing guidelines grid is a two-dimensional crime severity
  5       and criminal history classification tool. The grid's vertical axis is the crime
  6       severity scale which classifies current crimes of conviction. The grid's
  7       horizontal axis is the criminal history scale which classifies criminal
  8       histories.
  9             (d) The sentencing guidelines grid for nondrug crimes as provided in
10       this section defines presumptive punishments for felony convictions, sub-
11       ject to judicial discretion to deviate for substantial and compelling reasons
12       and impose a different sentence in recognition of aggravating and miti-
13       gating factors as provided in this act. The appropriate punishment for a
14       felony conviction should depend on the severity of the crime of conviction
15       when compared to all other crimes and the offender's criminal history.
16             (e)  (1) The sentencing court has discretion to sentence at any place
17       within the sentencing range. The sentencing judge shall select the center
18       of the range in the usual case and reserve the upper and lower limits for
19       aggravating and mitigating factors insufficient to warrant a departure.
20             (2) In presumptive imprisonment cases, the sentencing court shall
21       pronounce the complete sentence which shall include the prison sen-
22       tence, the maximum potential reduction to such sentence as a result of
23       good time and the period of postrelease supervision at the sentencing
24       hearing. Failure to pronounce the period of postrelease supervision shall
25       not negate the existence of such period of postrelease supervision.
26             (3) In presumptive nonprison cases, the sentencing court shall pro-
27       nounce the prison sentence as well as the duration of the nonprison sanc-
28       tion at the sentencing hearing.
29             (f) Each grid block states the presumptive sentencing range for an
30       offender whose crime of conviction and criminal history place such of-
31       fender in that grid block. If an offense is classified in a grid block below
32       the dispositional line, the presumptive disposition shall be nonimprison-
33       ment. If an offense is classified in a grid block above the dispositional
34       line, the presumptive disposition shall be imprisonment. If an offense is
35       classified in grid blocks 5-H, 5-I or 6-G, the court may impose an optional
36       nonprison sentence upon making the following findings on the record:
37             (1) An appropriate treatment program exists which is likely to be
38       more effective than the presumptive prison term in reducing the risk of
39       offender recidivism; and
40             (2) the recommended treatment program is available and the of-
41       fender can be admitted to such program within a reasonable period of
42       time; or
43             (3) the nonprison sanction will serve community safety interests by

4
  1       promoting offender reformation.
  2             Any decision made by the court regarding the imposition of an optional
  3       nonprison sentence if the offense is classified in grid blocks 5-H, 5-I or
  4       6-G shall not be considered a departure and shall not be subject to appeal.
  5             (g) The sentence for the violation of K.S.A. 21-3411, and amendments
  6       thereto, aggravated assault against a law enforcement officer or K.S.A. 21-
  7       3415, and amendments thereto, aggravated battery against a law enforce-
  8       ment officer and amendments thereto which places the defendant's sen-
  9       tence in grid block 6-H or 6-I shall be presumed imprisonment. The court
10       may impose an optional nonprison sentence upon making a finding on
11       the record that the nonprison sanction will serve community safety in-
12       terests by promoting offender reformation. Any decision made by the
13       court regarding the imposition of the optional nonprison sentence, if the
14       offense is classified in grid block 6-H or 6-I, shall not be considered
15       departure and shall not be subject to appeal.
16             (h) When a firearm is used to commit any person felony, the of-
17       fender's sentence shall be presumed imprisonment. The court may im-
18       pose an optional nonprison sentence upon making a finding on the record
19       that the nonprison sanction will serve community safety interests by pro-
20       moting offender reformation. Any decision made by the court regarding
21       the imposition of the optional nonprison sentence shall not be considered
22       a departure and shall not be subject to appeal.
23             (i) The sentence for the violation of the felony provision of K.S.A. 8-
24       1567 and subsection (c)(3) of K.S.A. 21-3412 and amendments thereto
25       shall be as provided by the specific mandatory sentencing requirements
26       of that section and shall not be subject to the provisions of this section or
27       K.S.A. 21-4707 and amendments thereto. Notwithstanding the provisions
28       of any other section, the term of imprisonment imposed for the violation
29       of the felony provision of K.S.A. 8-1567 and subsection (c)(3) of K.S.A.
30       21-3412 and amendments thereto shall not be served in a state facility in
31       the custody of the secretary of corrections.
32             (j) The sentence for any persistent sex offender whose current con-
33       victed crime carries a presumptive term of imprisonment shall be double
34       the maximum duration of the presumptive imprisonment term. The sen-
35       tence for any persistent sex offender whose current conviction carries a
36       presumptive nonprison term shall be presumed imprisonment and shall
37       be double the maximum duration of the presumptive imprisonment term.
38       Except as otherwise provided in this subsection, as used in this subsection,
39       "persistent sex offender" means a person who: (1) Has been convicted in
40       this state of a sexually violent crime, as defined in K.S.A. 22-3717 and
41       amendments thereto; and (2) at the time of the conviction under subsec-
42       tion (1) has at least one conviction for a sexually violent crime, as defined
43       in K.S.A. 22-3717 and amendments thereto in this state or comparable

5
  1       felony under the laws of another state, the federal government or a for-
  2       eign government. The provisions of this subsection shall not apply to any
  3       person whose current convicted crime is a severity level 1 or 2 felony.
  4             (k) If it is shown at sentencing that the offender committed any felony
  5       violation for the benefit of, at the direction of, or in association with any
  6       criminal street gang, with the specific intent to promote, further or assist
  7       in any criminal conduct by gang members, the offender's sentence shall
  8       be presumed imprisonment. Any decision made by the court regarding
  9       the imposition of the optional nonprison sentence shall not be considered
10       a departure and shall not be subject to appeal. As used in this subsection,
11       "criminal street gang" means any organization, association or group of
12       three or more persons, whether formal or informal, having as one of its
13       primary activities the commission of one or more person felonies or felony
14       violations of the uniform controlled substances act, K.S.A. 65-4101 et seq.,
15       and amendments thereto, which has a common name or common iden-
16       tifying sign or symbol, whose members, individually or collectively engage
17       in or have engaged in the commission, attempted commission, conspiracy
18       to commit or solicitation of two or more person felonies or felony viola-
19       tions of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
20       amendments thereto, or any substantially similar offense from another
21       jurisdiction.
22             (l) The sentence for a violation of subsection (a) of K.S.A. 21-3715
23       and amendments thereto when such person being sentenced has a prior
24       conviction for a violation of subsection (a) or (b) of K.S.A. 21-3715 or 21-
25       3716 and amendments thereto shall be presumed imprisonment. 
26       Sec.  2. K.S.A. 1999 Supp. 21-4704 is hereby repealed.
27        Sec.  3. This act shall take effect and be in force from and after its
28       publication in the statute book.
29