CHAPTER 36
SENATE BILL No. 473
An Act concerning crimes, criminal procedure and punishment;
relating to aggravated
escape from custody; amending K.S.A. 1999 Supp. 21-3810 and
repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp.
21-3810 is hereby amended to read as
follows: 21-3810. Aggravated escape from custody is:
(a) Escaping while held in lawful custody
(1) upon a charge or con-
viction of a felony or (2) upon a charge or adjudication as a
juvenile
offender as defined in K.S.A. 38-1602, and amendments thereto,
where
the act, if committed by an adult, would constitute a felony or (3)
prior
to or upon a finding of probable cause for evaluation as a sexually
violent
predator as provided in K.S.A. 59-29a05 and amendments thereto or
(4)
upon commitment to a treatment facility as a sexually violent
predator as
provided pursuant to K.S.A. 59-29a01 et seq. and amendments
thereto or
(5) upon a commitment to the state security hospital as provided in
K.S.A.
22-3428 and amendments thereto based on a finding that the
person
committed an act constituting a felony or (6) by a person 18 years
of age
or over who is being held on an adjudication of a felony or (7)
upon
incarceration at a state correctional institution as defined in
K.S.A. 75-
5207 75-5202 and amendments thereto, while
in the custody of the sec-
retary of corrections; or
(b) Escaping effected or facilitated by
the use of violence or the threat
of violence against any person while held in lawful custody (1) on
a charge
or conviction of any crime or (2) on a charge or adjudication as a
juvenile
offender as defined in K.S.A. 38-1602, and amendments thereto,
where
the act, if committed by an adult, would constitute a felony or (3)
prior
to or upon a finding of probable cause for evaluation as a sexually
violent
predator as provided in K.S.A. 59-29a05 and amendments thereto or
(4)
upon commitment to a treatment facility as a sexually violent
predator as
provided in K.S.A. 59-29a01 et seq. and amendments thereto
or (5) upon
a commitment to the state security hospital as provided in K.S.A.
22-3428
and amendments thereto based on a finding that the person
committed
an act constituting any crime or (6) by a person 18 years of age or
over
who is being held on a charge or adjudication of a misdemeanor or
felony
or (7) upon incarceration at a state correctional institution as
defined in
K.S.A. 75-5207 75-5202 and amendments
thereto, while in the custody
of the secretary of corrections.
(c) (1) Aggravated escape from
custody as described in subsection
(a)(1), (a)(3), (a)(4), (a)(5) or (a)(6) is a severity level 8,
nonperson felony.
(2) Aggravated escape from custody as
described in subsection (a)(2)
or (a)(7) is a severity level 5, nonperson felony.
(3) Aggravated escape from custody as
described in subsection (b)(1),
(b)(3), (b)(4), (b)(5) or (b)(6) is a severity level 6, person
felony.
(4) Aggravated escape from custody as
described in subsection (b)(2)
or (b)(7) is a severity level 5, person felony.
Sec. 2. K.S.A. 1999 Supp. 21-3810 is hereby
repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved March 29, 2000.
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