Session of 2000
SENATE BILL No. 580
By Committee on Judiciary
2-7
9 AN ACT
concerning controlled substances; relating to penalties for
cer-
10 tain criminal
activity; amending K.S.A. 21-4717 and K.S.A. 1999 Supp.
11 65-4161 and 65-4163
and repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 21-4717 is hereby amended to read as follows:
21-
15 4717. (a) The following aggravating
factors, which apply to drug crimes
16 committed on or after July 1, 1993, under
the sentencing guidelines sys-
17 tem, may be considered in determining
whether substantial and compel-
18 ling reasons for departure exist:
19 (1) The crime was
committed as part of a major organized drug man-
20 ufacture, production, cultivation or
delivery activity. Two or more of the
21 following nonexclusive factors constitute
evidence of major organized
22 drug manufacture, production, cultivation
or delivery activity:
23 (A) The offender
derived a substantial amount of money or asset
24 ownership from the illegal drug sale
activity.
25 (B) The presence
of a substantial quantity or variety of weapons or
26 explosives at the scene of arrest or
associated with the illegal drug activity.
27 (C) The presence
of drug transaction records or customer lists that
28 indicate a drug sale activity of major
size.
29 (D) The presence
of manufacturing or distribution materials such as,
30 but not limited to, drug recipes, precursor
chemicals, laboratory equip-
31 ment, lighting, irrigation systems,
ventilation, power-generation, scales or
32 packaging material.
33 (E) Building
acquisitions or building modifications including but not
34 limited to painting, wiring, plumbing or
lighting which advanced or fa-
35 cilitated the commission of the
offense.
36 (F) Possession of
large amounts of illegal drugs or substantial quan-
37 tities of controlled substances.
38 (G) A showing
that the offender has engaged in repeated criminal
39 acts associated with the manufacture,
production, cultivation or delivery
40 of controlled substances.
41 (2) The offender
possessed illegal drugs:
42 (A) With intent to
sell, which were sold or were offered for sale to a
43 person under 18 years of age; or
2
1 (B) with
the intent to sell, deliver or distribute or which were sold or
2 offered for sale in the immediate
presence of a person under 18 years of
3 age.
4 (3) The
offender, 18 or more years of age, employs, hires, uses, per-
5 suades, induces, entices or coerces
any individual under 16 years of age
6 to violate or assist in avoiding
detection or apprehension for violation of
7 any provision of the uniform
controlled substances act, K.S.A. 65-4101 et
8 seq. and amendments thereto or
any attempt, conspiracy or solicitation
9 as defined in K.S.A. 21-3301, 21-3302
or 21-3303 and amendments
10 thereto to commit a violation of any
provision of the uniform controlled
11 substances act regardless of whether the
offender knew the age of the
12 individual under 16 years of age.
13 (4) The
offender possessed illegal drugs with the intent to sell,
which
14 were sold or were offered for sale to a
woman such offender knows or
15 should have known to be
pregnant.
16 (b) In
determining whether aggravating factors exist as provided in
17 this section, the court shall review the
victim impact statement.
18 Sec.
2. K.S.A. 1999 Supp. 65-4161 is hereby amended to read as
19 follows: 65-4161. (a) Except as authorized
by the uniform controlled sub-
20 stances act, it shall be unlawful for any
person to sell, offer for sale or
21 have in such person's possession with
intent to sell, deliver or distribute;
22 prescribe; administer; deliver; distribute;
dispense or compound any opi-
23 ates, opium or narcotic drugs, or any
stimulant designated in subsection
24 (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107
and amendments thereto. Except
25 as provided in subsections (b), (c) and
(d), any person who violates this
26 subsection shall be guilty of a drug
severity level 3 felony.
27 (b) If any person
who violates this section has one prior conviction
28 under this section or a conviction for a
substantially similar offense from
29 another jurisdiction, then that person
shall be guilty of a drug severity
30 level 2 felony.
31 (c) If any person
who violates this section has two or more prior
32 convictions under this section or
substantially similar offenses under the
33 laws of another jurisdiction, then such
person shall be guilty of a drug
34 severity level 1 felony.
35
(d) Notwithstanding any other provision of law, upon
conviction of
36 any person for a first offense pursuant to
subsection (a), such person shall
37 be guilty of a drug severity level 2 felony
if such person is 18 or more
38 years of age and the substances involved
were possessed with intent to
39 sell, deliver or distribute; sold or
offered for sale in or on,:
40 (1) Or
within 1,000 feet of any school property upon which is located
41 a structure used by a unified school
district or an accredited nonpublic
42 school for student instruction or
attendance or extracurricular activities
43 of pupils enrolled in kindergarten or any
of the grades one through 12.
3
1 Nothing in this subsection shall be
construed as requiring that school be
2 in session or that classes are
actually being held at the time of the offense
3 or that children must be present
within the structure or on the property
4 during the time of any alleged
criminal act. If the structure or property
5 meets the description above, the
actual use of that structure or property
6 at the time alleged shall not be a
defense to the crime charged or the
7 sentence
imposed.;
8 (2) any
conveyance owned, leased or controlled by a unified school
9 district or an accredited
nonpublic school to transport pupils enrolled in
10 kindergarten or any of the grades one
through 12 to or from school or
11 extra curricular activities; and
12 (3) or within
1,000 feet of any public park.
13 (e) It shall not
be a defense to charges arising under this section that
14 the defendant was acting in an agency
relationship on behalf of any other
15 party in a transaction involving a
controlled substance.
16 (f) For purposes
of the uniform controlled substances act, the pro-
17 hibitions contained in this section shall
apply to controlled substance an-
18 alogs as defined in subsection (bb) of
K.S.A. 65-4101 and amendments
19 thereto.
20 (g) The
provisions of this section shall be part of and supplemental
21 to the uniform controlled substances
act.
22 Sec.
3. K.S.A. 1999 Supp. 65-4163 is hereby amended to read as
23 follows: 65-4163. (a) Except as authorized
by the uniform controlled sub-
24 stances act, it shall be unlawful for any
person to sell, offer for sale or
25 have in such person's possession with the
intent to sell, deliver or distrib-
26 ute; cultivate; prescribe; administer;
deliver; distribute; dispense or
27 compound:
28 (1) Any
depressant designated in subsection (e) of K.S.A. 65-4105,
29 subsection (e) of K.S.A. 65-4107,
subsection (b) or (c) of K.S.A. 65-4109
30 or subsection (b) of K.S.A. 65-4111, and
amendments thereto;
31 (2) any stimulant
designated in subsection (f) of K.S.A. 65-4105, sub-
32 section (d)(2), (d)(4) or (f)(2) of K.S.A.
65-4107 or subsection (e) of K.S.A.
33 65-4109, and amendments thereto;
34 (3) any
hallucinogenic drug designated in subsection (d) of K.S.A. 65-
35 4105, and amendments thereto or designated
in subsection (g) of K.S.A.
36 65-4107 and amendments thereto;
37 (4) any substance
designated in subsection (g) of K.S.A. 65-4105, and
38 amendments thereto, and designated in
subsection (c), (d), (e), (f) or (g)
39 of K.S.A. 65-4111, and amendments thereto;
or
40 (5) any anabolic
steroids as defined in subsection (f) of K.S.A. 65-
41 4109, and amendments thereto.
42 Except as provided in
subsection (b), any person who violates this sub-
43 section shall be guilty of a drug severity
level 3 felony.
4
1
(b) Notwithstanding any other provision of law, upon
conviction of
2 any person pursuant to subsection (a)
for an offense in which, such person
3 shall be guilty of a drug severity
level 2 felony if such person is 18 or more
4 years of age and the
substances involved were possessed with intent to
5 sell, sold or offered for sale in or
on,:
6
(1) Or within 1,000 feet of any school property upon which
is located
7 a structure used by a unified school
district or an accredited nonpublic
8 school for student instruction or
attendance or extracurricular activities
9 of pupils enrolled in kindergarten or
any of the grades one through 12
10 and such person is 18 or more years
of age, such person shall be guilty
11 of a drug severity level 2
felony. Nothing in this subsection shall be con-
12 strued as requiring that school be in
session or that classes are actually
13 being held at the time of the offense or
that children must be present
14 within the structure or on the property
during the time of any alleged
15 criminal act. If the structure or property
meets the description above, the
16 actual use of that structure or property at
the time alleged shall not be a
17 defense to the crime charged or the
sentence imposed.;
18 (2) any
conveyance owned, leased or controlled by a unified school
19 district or an accredited nonpublic
school to transport pupils enrolled in
20 kindergarten or any of the grades one
through 12 to or from school or
21 extra curricular activities; and
22 (3) or within
1,000 feet of any public park.
23 (c) It shall not
be a defense to charges arising under this section that
24 the defendant was acting in an agency
relationship on behalf of any other
25 party in a transaction involving a
controlled substance.
26 (d) For purposes
of the uniform controlled substances act, the pro-
27 hibitions contained in this section shall
apply to controlled substance an-
28 alogs as defined in subsection (bb) of
K.S.A. 65-4101 and amendments
29 thereto.
30 (e) The
provisions of this section shall be part of and supplemental
31 to the uniform controlled substances
act.
32 Sec. 4. K.S.A. 21-4717 and
K.S.A. 1999 Supp. 65-4161 and 65-4163
33 are hereby repealed.
34 Sec. 5. This act shall
take effect and be in force from and after its
35 publication in the statute book.