CHAPTER 13 SENATE BILL No. 31 An Act concerning crimes, criminal procedure and punishment; relating to inherently
dangerous felonies; amending K.S.A. 2002 Supp. 21-3436 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2002 Supp. 21-3436 is hereby amended to read as
follows: 21-3436. (a) Any of the following felonies shall be deemed an
inherently dangerous felony whether or not such felony is so distinct from
the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401
and amendments thereto as not to be an ingredient of the homicide al-
leged to be a violation of subsection (b) of K.S.A. 21-3401 and amend-
ments thereto:

      (1) Kidnapping, as defined in K.S.A. 21-3420 and amendments
thereto;

      (2) aggravated kidnapping, as defined in K.S.A. 21-3421 and amend-
ments thereto;

      (3) robbery, as defined in K.S.A. 21-3426 and amendments thereto;

      (4) aggravated robbery, as defined in K.S.A. 21-3427 and amend-
ments thereto;

      (5) rape, as defined in K.S.A. 21-3502 and amendments thereto;

      (6) aggravated criminal sodomy, as defined in K.S.A. 21-3506 and
amendments thereto;

      (7) abuse of a child, as defined in K.S.A. 21-3609 and amendments
thereto;

      (8) felony theft under subsection (a) or (c) of K.S.A. 21-3701 and
amendments thereto;

      (9) burglary, as defined in K.S.A 21-3715 and amendments thereto;

      (10) aggravated burglary, as defined in K.S.A. 21-3716 and amend-
ments thereto;

      (11) arson, as defined in K.S.A. 21-3718 and amendments thereto;

      (12) aggravated arson, as defined in K.S.A. 21-3719 and amendments
thereto;

      (13) treason, as defined in K.S.A. 21-3801 and amendments thereto;

      (14) any felony offense as provided in K.S.A. 65-4127a, 65-4127b or
65-4159 or 65-4160 through 65-4164 and amendments thereto;

      (15) any felony offense as provided in K.S.A. 21-4219 and amend-
ments thereto; and

      (16) endangering the food supply as defined in K.S.A. 2002 Supp. 21-
4221, and amendments thereto; and

      (17) aggravated endangering the food supply as defined in K.S.A.
2002 Supp. 21-4222, and amendments thereto.

      (b) Any of the following felonies shall be deemed an inherently dan-
gerous felony only when such felony is so distinct from the homicide
alleged to be a violation of subsection (b) of K.S.A. 21-3401 and amend-
ments thereto as to not be an ingredient of the homicide alleged to be a
violation of subsection (b) of K.S.A. 21-3401 and amendments thereto:

      (1) Murder in the first degree, as defined in subsection (a) of K.S.A.
21-3401 and amendments thereto;

      (2) murder in the second degree, as defined in subsection (a) of
K.S.A. 21-3402 and amendments thereto;

      (3) voluntary manslaughter, as defined in subsection (a) of K.S.A. 21-
3403 and amendments thereto;

      (4) aggravated assault, as defined in K.S.A. 21-3410 and amendments
thereto;

      (5) aggravated assault of a law enforcement officer, as defined in
K.S.A. 21-3411 and amendments thereto;

      (6) aggravated battery, as defined in subsection (a)(1) of K.S.A. 21-
3414 and amendments thereto; and

      (7) aggravated battery against a law enforcement officer, as defined
in K.S.A. 21-3415 and amendments thereto.

      (c) This section shall be part of and supplemental to the Kansas crim-
inal code. 
Sec.  2. K.S.A. 2002 Supp. 21-3436 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 24, 2003.
__________