Session of 2000
SENATE BILL No. 646
By Committee on Ways and Means
2-22
10 AN ACT
concerning crimes, punishment and criminal procedure; relat-
11 ing to inherently
dangerous felonies; amending K.S.A. 21-3436 and
12 repealing the existing
section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 21-3436 is hereby amended to read as follows:
21-
16 3436. (a) Any of the following felonies
shall be deemed an inherently
17 dangerous felony whether or not such felony
is so distinct from the hom-
18 icide alleged to be a violation of
subsection (b) of K.S.A. 21-3401 and
19 amendments thereto as not to be an
ingredient of the homicide alleged
20 to be a violation of subsection (b) of
K.S.A. 21-3401 and amendments
21 thereto:
22 (1) Kidnapping,
as defined in K.S.A. 21-3420 and amendments
23 thereto;
24 (2) aggravated
kidnapping, as defined in K.S.A. 21-3421 and amend-
25 ments thereto;
26 (3) robbery, as
defined in K.S.A. 21-3426 and amendments thereto;
27 (4) aggravated
robbery, as defined in K.S.A. 21-3427 and amend-
28 ments thereto;
29 (5) rape, as
defined in K.S.A. 21-3502 and amendments thereto;
30 (6) aggravated
criminal sodomy, as defined in K.S.A. 21-3506 and
31 amendments thereto;
32 (7) abuse of a
child, as defined in K.S.A. 21-3609 and amendments
33 thereto;
34 (8) felony theft
under subsection (a) or (c) of K.S.A. 21-3701 and
35 amendments thereto;
36 (9) burglary, as
defined in K.S.A 21-3715 and amendments thereto;
37 (10) aggravated
burglary, as defined in K.S.A. 21-3716 and amend-
38 ments thereto;
39 (11) arson, as
defined in K.S.A. 21-3718 and amendments thereto;
40 (12) aggravated
arson, as defined in K.S.A. 21-3719 and amendments
41 thereto;
42 (13) treason, as
defined in K.S.A. 21-3801 and amendments thereto;
43 (14) any felony
offense as provided in K.S.A. 65-4127a, 65-4127b or
2
1 65-4159 or K.S.A.
1995 1999 Supp. 65-4160 through 65-4164 and
amend-
2 ments thereto;
and
3 (15) any
felony offense as provided in K.S.A. 21-4219 and amend-
4 ments thereto.;
and
5
(16) felony fleeing or attempting to elude a police officer,
as provided
6 in subsections (c)(3) or (c)(4) of
K.S.A. 8-1568 and amendments thereto.
7 (b) Any of
the following felonies shall be deemed an inherently dan-
8 gerous felony only when such felony
is so distinct from the homicide
9 alleged to be a violation of
subsection (b) of K.S.A. 21-3401 and amend-
10 ments thereto as to not be an ingredient of
the homicide alleged to be a
11 violation of subsection (b) of K.S.A.
21-3401 and amendments thereto:
12 (1) Murder in the
first degree, as defined in subsection (a) of K.S.A.
13 21-3401 and amendments thereto;
14 (2) murder in the
second degree, as defined in subsection (a) of
15 K.S.A. 21-3402 and amendments thereto;
16 (3) voluntary
manslaughter, as defined in subsection (a) of K.S.A. 21-
17 3403 and amendments thereto;
18 (4) aggravated
assault, as defined in K.S.A. 21-3410 and amendments
19 thereto;
20 (5) aggravated
assault of a law enforcement officer, as defined in
21 K.S.A. 21-3411 and amendments thereto;
22 (6) aggravated
battery, as defined in subsection (a)(1) of K.S.A. 21-
23 3414 and amendments thereto; and
24 (7) aggravated
battery against a law enforcement officer, as defined
25 in K.S.A. 21-3415 and amendments
thereto.
26 (c) This section
shall be part of and supplemental to the Kansas crim-
27 inal code.
28 Sec. 2. K.S.A. 21-3436 is hereby
repealed.
29 Sec. 3. This act shall
take effect and be in force from and after its
30 publication in the statute book.