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HOUSE BILL No. 2413
AN ACT concerning crimes, punishment and criminal procedure; providing for enhanced
criminal penalties for offenses committed with the intent to commit transnational
repression; requiring the development of transnational repression recognition and
response training; relating to theft; providing that theft of livestock or implements of
husbandry is a severity level 5, nonperson felony; providing that theft of grain or hay
is a severity level 6, nonperson felony; relating to cruelty to animals; providing that
certain portions of such crime do not apply to any person who catches a feral cat to
provide vaccination, spaying or neutering and returns such cat back to the location
where such cat is caught; allowing for the forfeiture of certain property used in the
commission of theft of an implement of husbandry; amending K.S.A. 21-5801, 21-
6412 and 22-4807a and K.S.A. 2025 Supp. 21-6804 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The purpose of this section is to counter the
threat and practice of transnational repression committed by foreign
governments or foreign terrorist organizations against the citizens and
residents of this state.
(b) As used in this section:
(1) "Agent" means a person directed or controlled by a foreign
principal, including any person acting as a proxy for a person who is
directed or controlled by a foreign principal.
(2) "Foreign adversary" means the following:
(A) (i) People's republic of China, including the Hong Kong
special administrative region;
(ii) republic of Cuba;
(iii) islamic republic of Iran;
(iv) democratic people's republic of Korea;
(v) Russian federation;
(vi) Bolivarian republic of Venezuela; and
(vii) any organization that is designated as a foreign terrorist
organization as of July 1, 2026, pursuant to 8 U.S.C. § 1189, as in
effect on July 1, 2026 , except as otherwise provided by rules and
regulations adopted by the fusion center oversight board pursuant to
subsection (e).
(B) "Foreign adversary" does not include the republic of China
(Taiwan).
(3) "Foreign principal" means:
(A) The government or any official of the government of a foreign
adversary;
(B) a political party or member of a political party or any
subdivision of a political party of a foreign adversary;
(C) (i) a partnership, association, corporation, organization or
other combination of persons:
(a) Organized under the laws of a foreign adversary;
(b) having its principal place of business in a foreign adversary; or
(c) owned or controlled, in whole or in part, by any person, entity
or combination of persons or entities of a foreign adversary; or
(ii) a subsidiary of any such person.
(4) "Transnational repression" means actions and behaviors that
are committed by an agent of a foreign principal, whether committed
within or outside the jurisdiction of a foreign adversary, that emanate
from or are attributable to such foreign principal and that are committed
with the intention of harassment, intimidation, censorship or otherwise
extending the ability of the foreign principal to influence, control or
impose such foreign principal's preferences on the behavior of
individuals outside the jurisdiction of the foreign adversary associated
with the foreign principal either directly through physical contact,
threats or electronic targeting or through indirect means, such as the
actual or credible threat of collective punishment or harassment of
individuals under the foreign adversary's effective control, financial
coercion, abuse of administrative processes, selective prosecution of
laws of general application or the use or direction of social media and
telecommunications entities.
(c) A person commits a crime with the intent to commit
transnational repression if such crime is:
HOUSE BILL No. 2413—page 2
(1) Undertaken by an agent of a foreign principal or foreign
terrorist organization who acts knowingly at the direction of, on behalf
of or under the influence of such foreign principal or foreign terrorist
organization or any agent thereof with the intent to:
(A) Coerce another person to act on behalf of a foreign principal
or foreign terrorist organization;
(B) coerce or cause another person to leave the United States;
(C) cause another person to forebear from engaging in conduct
that is otherwise protected by the first amendment to the constitution of
the United States; or
(D) retaliate against another person for engaging in conduct that is
otherwise protected by the first amendment to the constitution of the
United States; and
(2) not protected by the first amendment to the constitution of the
United States.
(d) (1) Upon any occasion when an organization is designated as a
foreign terrorist organization or has such designation revoked pursuant
to 8 U.S.C. § 1189, the fusion center oversight board may adopt rules
and regulations to reflect such designation or revocation of such
designation but only after giving due consideration to the risks to state
and national security and the economic costs and benefits of such
action.
(2) In no case shall the fusion center oversight board adopt any
rule or regulation pursuant to this section that would designate an
organization as a foreign terrorist organization that is not designated as
a foreign terrorist organization pursuant to 8 U.S.C. § 1189.
(e) (1) On or before July 1, 2027, the director of the Kansas
bureau of investigation shall develop or adopt training in transnational
repression recognition and response. Such training shall be regularly
updated to address emerging threats and specific information on tactics
used by specific foreign adversaries.
(2) The training shall include the following:
(A) How to identify different tactics of transnational repression in
physical and nonphysical forms;
(B) identification of foreign principals that are known to employ
transnational repression, including not only those who use transnational
repression most frequently, but also those who use transnational
repression most egregiously, including, but not limited to, tools of
digital surveillance and other cybertools frequently used to carry out
transnational repression activities;
(C) best practices for appropriate local and state law enforcement
prevention, reporting and response tactics; and
(D) information about communities targeted by transnational
repression.
(3) The director shall also develop public awareness information
to inform members of the public about how to identify and report
instances of transnational repression, including tools and remedies that
are available for victims of transnational repression. Such public
awareness information shall include:
(A) A website that is advertised widely to the public for the
purpose of reporting transnational repression with a link to such
website prominently displayed on the Kansas bureau of investigation's
homepage website;
(B) reporting mechanisms available in multiple languages,
including in the languages of commonly persecuted communities; and
(C) annual reporting on the number of complaints received and
outcomes, including any instances of foreign interference in the
reporting process.
(4) The university of Kansas and Kansas state university shall
HOUSE BILL No. 2413—page 3
include information on transnational repression in campus disciplinary
policies and provide for direct complaints of transnational repression to
be made to a university liaison.
Sec. 2. K.S.A. 21-5801 is hereby amended to read as follows: 21-
5801. (a) Theft is any of the following acts done with intent to
permanently deprive the owner of the possession, use or benefit of the
owner's property or services:
(1) Obtaining or exerting unauthorized control over property or
services;
(2) obtaining control over property or services, by deception;
(3) obtaining control over property or services, by threat;
(4) obtaining control over stolen property or services knowing the
property or services to have been stolen by another; or
(5) knowingly dispensing motor fuel into a storage container or
the fuel tank of a motor vehicle at an establishment in which motor fuel
is offered for retail sale and leaving the premises of the establishment
without making payment for the motor fuel.
(b) Theft of:
(1) Property or services of the value of $100,000 or more is a
severity level 5, nonperson felony;
(2) property or services of the value of at least $25,000 but less
than $100,000 is a severity level 7, nonperson felony , except as
provided in subsection (b)(9) or (b)(10);
(3) property or services of the value of at least $1,500 but less than
$25,000 is a severity level 9, nonperson felony, except as provided in
subsection (b)(7), (b)(9) or (b)(10);
(4) property or services of the value of less than $1,500 is a class
A nonperson misdemeanor, except as provided in subsection (b)(5), (b)
(6), (b)(7) or, (b)(8), (b)(9) or (b)(10);
(5) property of the value of less than $1,500 from three separate
mercantile establishments within a period of 72 hours as part of the
same act or transaction or in two or more acts or transactions connected
together or constituting parts of a common scheme or course of conduct
is a severity level 9, nonperson felony;
(6) property of the value of at least $50 but less than $1,500 is a
severity level 9, nonperson felony if committed by a person who has,
within five years immediately preceding commission of the crime,
excluding any period of imprisonment, been convicted of theft two or
more times, except as provided in subsection (b)(9) or (b)(10);
(7) property that is a firearm of the value of less than $25,000 is a
severity level 9, nonperson felony; and
(8) property that is mail of the value of less than $1,500 from three
separate locations within a period of 72 hours as part of the same act or
transaction or in two or more acts or transactions connected together or
constituting parts of a common scheme or course of conduct is a
severity level 9, nonperson felony;
(9) property that is livestock or an implement of husbandry is a
severity level 5, nonperson felony; and
(10) property that is grain or hay is a severity level 6, nonperson
felony.
(c) As used in this section:
(1) "Conviction" or "convicted" includes being convicted of a
violation of K.S.A. 21-3701, prior to its repeal, this section or a
municipal ordinance which that prohibits the acts that this section
prohibits;
(2) "grain" means at least 400 bushels of:
(A) Barley, corn, flaxseed, oats, rye, sorghum, soybeans or wheat;
(B) any other food grains, feed grains and oilseeds subject to
standards under 7 U.S.C. Ch. 3, as in effect on July 1, 2026; or
HOUSE BILL No. 2413—page 4
(C) any mix of the above;
(3) "hay" means at least 20,000 pounds of alfalfa, brome, clover
or prairie hays or all other grasses or plants that are harvested for
forage;
(2)(4) "implement of husbandry" means the same as defined in
K.S.A. 8-126, and amendments thereto;
(5) "livestock" means cattle or horses;
(6) "mail" means a letter, postal card, package or bag sent through
the United States postal service or other delivery service, or any other
article or thing contained therein;
(3)(7) "regulated scrap metal" means the same as defined in
K.S.A. 50-6,109, and amendments thereto;
(4)(8) "remote service unit" means the same as defined in K.S.A.
9-1111, and amendments thereto, and includes, but is not limited to,
automated cash dispensing machines and automated teller machines;
and
(5)(9) "value" means the value of the property or, if the property is
regulated scrap metal or a remote service unit, the cost to restore the
site of the theft of such regulated scrap metal or remote service unit to
its condition at the time immediately prior to the theft of such regulated
scrap metal or remote service unit, whichever is greater.
Sec. 3. K.S.A. 21-6412 is hereby amended to read as follows: 21-
6412. (a) Cruelty to animals is:
(1) Knowingly and maliciously killing, injuring, maiming,
torturing, burning or mutilating any animal;
(2) knowingly abandoning any animal in any place without
making provisions for its proper care;
(3) having physical custody of any animal and knowingly failing
to provide such food, potable water, protection from the elements,
opportunity for exercise and other care as is needed for the health or
well-being of such kind of animal;
(4) intentionally using a wire, pole, stick, rope or any other object
to cause an equine to lose its balance or fall, for the purpose of sport or
entertainment;
(5) knowingly but not maliciously killing or injuring any animal;
or
(6) knowingly and maliciously administering any poison to any
domestic animal.
(b) Cruelty to animals as defined in:
(1) Subsection (a)(1) or (a)(6) is a nonperson felony. Upon
conviction of subsection (a)(1) or (a)(6), a person shall be sentenced to
not less than 30 days or more than one year's imprisonment and be
fined not less than $500 nor more than $5,000. The person convicted
shall not be eligible for release on probation, suspension or reduction of
sentence or parole until the person has served the minimum mandatory
sentence as provided herein. During the mandatory 30 days
imprisonment, such offender shall have a psychological evaluation
prepared for the court to assist the court in determining conditions of
probation. Such conditions shall include, but not be limited to, the
completion of an anger management program; and
(2) subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (b)(2)(B); and
(B) nonperson felony upon the second or subsequent conviction of
cruelty to animals as defined in subsection (a)(2), (a)(3), (a)(4) or (a)
(5). Upon such conviction, a person shall be sentenced to not less than
five days or more than one year's imprisonment and be fined not less
than $500 nor more than $2,500. The person convicted shall not be
eligible for release on probation, suspension or reduction of sentence or
HOUSE BILL No. 2413—page 5
parole until the person has served the minimum mandatory sentence as
provided herein.
(c) The provisions of this section shall not apply to:
(1) Normal or accepted veterinary practices;
(2) bona fide experiments carried on by commonly recognized
research facilities;
(3) killing, attempting to kill, trapping, catching or taking of any
animal in accordance with the provisions of chapter 32 or chapter 47 of
the Kansas Statutes Annotated, and amendments thereto;
(4) rodeo practices accepted by the rodeo cowboys' association;
(5) the humane killing of an animal that is diseased or disabled
beyond recovery for any useful purpose, or the humane killing of
animals for population control, by the owner thereof or the agent of
such owner residing outside of a city or the owner thereof within a city
if no animal shelter or licensed veterinarian is within the city, or by a
licensed veterinarian at the request of the owner thereof, or by any
officer or agent of an animal shelter, a local or state health officer or a
licensed veterinarian three business days following the receipt of any
such animal at such shelter;
(6) with respect to farm animals, normal or accepted practices of
animal husbandry, including the normal and accepted practices for the
slaughter of such animals for food or by-products and the careful or
thrifty management of one's herd or animals, including animal care
practices common in the industry or region;
(7) the killing of any animal by any person at any time that may be
found outside of the owned or rented property of the owner or
custodian of such animal and that is found injuring or posing a threat to
any person, farm animal or property;
(8) an animal control officer trained by a licensed veterinarian in
the use of a tranquilizer gun, using such gun with the appropriate
dosage for the size of the animal, when such animal is vicious or could
not be captured after reasonable attempts using other methods;
(9) laying an equine down for medical or identification purposes;
(10) normal or accepted practices of pest control, as defined in
K.S.A. 2-2438a(x), and amendments thereto; or
(11) accepted practices of animal husbandry pursuant to
regulations promulgated by the United States department of agriculture
for domestic pet animals under the animal welfare act, public law 89-
544, as amended and in effect on July 1, 2006.
(d) The provisions of subsections (a)(2) and (a)(3) shall not apply
to any person who catches a feral cat to provide vaccination, spaying
or neutering and returns such cat back to the location where such cat is
caught after providing the vaccination, spaying or neutering.
(e) The provisions of subsection (a)(6) shall not apply to any
person exposing who exposes poison upon their premises for the
purpose of destroying wolves, coyotes or other predatory animals.
(e)(f) Any public health officer, law enforcement officer, licensed
veterinarian or officer or agent of any animal shelter or other
appropriate facility may take into custody any animal, upon either
private or public property, that clearly shows evidence of cruelty to
animals. Such officer, agent or veterinarian may inspect, care for or
treat such animal or place such animal in the care of an animal shelter
or licensed veterinarian for treatment, boarding or other care or, if an
officer of such animal shelter or such veterinarian determines that the
animal appears to be diseased or disabled beyond recovery for any
useful purpose, for humane killing. The owner or custodian, if known
or reasonably ascertainable, shall be notified in writing . If the owner or
custodian is charged with a violation of this section, the law
enforcement agency, district attorney's office, county prosecutor,
HOUSE BILL No. 2413—page 6
veterinarian or animal shelter may petition the district court in the
county in which the animal was taken into custody to transfer
ownership of the animal at any time after 21 days after the owner or
custodian is notified , unless the owner or custodian of the animal files
and maintains a renewable cash or performance bond with the county
clerk of the county in which the animal was taken into custody in an
amount equal to not less than the cost of care and treatment of the
animal for 30 days. Such cash or performance bond shall be maintained
and renewed every 30 days as necessary to cover the cost of care and
treatment of such animal until disposition of the animal by the court. If
the owner or custodian is not known or reasonably ascertainable after
21 days after the animal is taken into custody, the law enforcement
agency, district attorney's office, county prosecutor, veterinarian or
animal shelter may petition the district court in the county in which the
animal was taken into custody to transfer ownership of the animal .
Upon receiving such petition, the court shall determine whether the
animal may be transferred.
(f)(g) The owner or custodian of an animal transferred pursuant to
subsection (e) (f) shall not be entitled to recover damages for the
transfer of such animal unless the owner proves that such transfer was
unwarranted.
(g)(h) Expenses incurred for the care, treatment or boarding of any
animal, taken into custody pursuant to subsection (e) (f) , pending
prosecution of the owner or custodian of such animal for the crime of
cruelty to animals, shall be assessed to the owner or custodian as a cost
of the case if the owner or custodian is adjudicated guilty of such
crime. Any costs collected by the court or through the cash or
performance bond described in subsection (e) (f) shall be transferred to
the entity responsible for paying the cost of the care, treatment or
boarding of the animal.
(h)(i) If a person is adjudicated guilty of the crime convicted of
cruelty to animals, such animal shall not be returned to or remain with
such person. Such animal may be turned over to an animal shelter or
licensed veterinarian for sale or other disposition.
(i)(j) As used in this section:
(1) "Animal shelter" means the same as such term is defined in
K.S.A. 47-1701, and amendments thereto;
(2) "equine" means a horse, pony, mule, jenny, donkey or hinny;
and
(3) "feral cat" means a cat that has no apparent owner or
identification and appears to be unsocialized to humans and
unmanageable or otherwise demonstrates characteristics normally
associated with a wild or undomesticated animal; and
(4) "maliciously" means a state of mind characterized by actual
evil-mindedness or specific intent to do a harmful act without a
reasonable justification or excuse.
Sec. 4. K.S.A. 2025 Supp. 21-6804 is hereby amended to read as
follows: 21-6804. (a) The provisions of this section shall be applicable
to the sentencing guidelines grid for nondrug crimes. The following
sentencing guidelines grid shall be applicable to nondrug felony crimes:
HOUSE BILL No. 2413—page 7
HOUSE BILL No. 2413—page 8
(b) Sentences expressed in the sentencing guidelines grid for
nondrug crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime
severity and criminal history classification tool. The grid's vertical axis
is the crime severity scale which classifies current crimes of conviction.
The grid's horizontal axis is the criminal history scale which classifies
criminal histories.
(d) The sentencing guidelines grid for nondrug crimes as provided
in this section defines presumptive punishments for felony convictions,
subject to the sentencing court's discretion to enter a departure
sentence. The appropriate punishment for a felony conviction should
depend on the severity of the crime of conviction when compared to all
other crimes and the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. In the usual case it is recommended that
the sentencing judge select the center of the range and reserve the upper
and lower limits for aggravating and mitigating factors insufficient to
warrant a departure.
(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of
good time; and
(C) period of postrelease supervision at the sentencing hearing.
Failure to pronounce the period of postrelease supervision shall not
negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall
pronounce the:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such
offender in that grid block. If an offense is classified in a grid block
below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the
dispositional line, the presumptive disposition shall be imprisonment. If
an offense is classified in grid blocks 5-H, 5-I or 6-G, the court may
impose an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its
repeal, aggravated battery against a law enforcement officer committed
prior to July 1, 2006, or a violation of K.S.A. 21-5412(d), and
amendments thereto, aggravated assault against a law enforcement
officer, which places the defendant's sentence in grid block 6-H or 6-I
shall be presumed imprisonment. The court may impose an optional
nonprison sentence as provided in subsection (q).
(h) When a firearm is used to commit any person felony, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(i) (1) The sentence for the violation of the felony provision of
K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-
6416, and amendments thereto, shall be as provided by the specific
mandatory sentencing requirements of that section and shall not be
subject to the provisions of this section or K.S.A. 21-6807, and
amendments thereto.
(2) If because of the offender's criminal history classification the
offender is subject to presumptive imprisonment or if the judge departs
from a presumptive probation sentence and the offender is subject to
imprisonment, the provisions of this section and K.S.A. 21-6807, and
amendments thereto, shall apply and the offender shall not be subject to
HOUSE BILL No. 2413—page 9
the mandatory sentence as provided in K.S.A. 21-5823, and
amendments thereto.
(3) Notwithstanding the provisions of any other section, the term
of imprisonment imposed for the violation of the felony provision of
K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-
6416, and amendments thereto, shall not be served in a state facility in
the custody of the secretary of corrections. Prior to imposing any
sentence pursuant to this subsection, the court may consider assigning
the defendant to a house arrest program pursuant to K.S.A. 21-6609,
and amendments thereto.
(j) (1) The sentence for any persistent sex offender whose current
convicted crime carries a presumptive term of imprisonment shall be
double the maximum duration of the presumptive imprisonment term.
The sentence for any persistent sex offender whose current conviction
carries a presumptive nonprison term shall be presumed imprisonment
and shall be double the maximum duration of the presumptive
imprisonment term.
(2) Except as otherwise provided in this subsection, as used in this
subsection, "persistent sex offender" means a person who:
(A) (i) Has been convicted in this state of a sexually violent crime,
as defined in K.S.A. 22-3717, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one
conviction for a sexually violent crime, as defined in K.S.A. 22-3717,
and amendments thereto, in this state or comparable felony under the
laws of another state, the federal government or a foreign government;
or
(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
prior to its repeal, or K.S.A. 21-5503, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one
conviction for rape in this state or comparable felony under the laws of
another state, the federal government or a foreign government.
(3) Except as provided in subsection (j)(2)(B), the provisions of
this subsection shall not apply to any person whose current convicted
crime is a severity level 1 or 2 felony.
(k) (1) If it is shown at sentencing that the offender committed any
felony violation for the benefit of, at the direction of, or in association
with any criminal street gang, with the specific intent to promote,
further or assist in any criminal conduct by gang members, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(2) As used in this subsection, "criminal street gang" means any
organization, association or group of three or more persons, whether
formal or informal, having as one of its primary activities:
(A) The commission of one or more person felonies; or
(B) the commission of felony violations of article 57 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, K.S.A.
2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any
felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009; and
(C) its members have a common name or common identifying
sign or symbol; and
(D) its members, individually or collectively, engage in or have
engaged in the commission, attempted commission, conspiracy to
commit or solicitation of two or more person felonies or felony
violations of article 57 of chapter 21 of the Kansas Statutes Annotated,
and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-
36a17, prior to their transfer, any felony violation of any provision of
the uniform controlled substances act prior to July 1, 2009, or any
substantially similar offense from another jurisdiction.
HOUSE BILL No. 2413—page 10
(l) Except as provided in subsection (o), the sentence for a
violation of K.S.A. 21-5807(a)(1), and amendments thereto, or any
attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and
amendments thereto, to commit such offense, when such person being
sentenced has a prior conviction for a violation of K.S.A. 21-3715(a) or
(b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 21-5807(a)
(1) or (a)(2) or 21-5807(b), and amendments thereto, or any attempt or
conspiracy to commit such offense, shall be presumptive imprisonment.
(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 21-
5913(a)(2), and amendments thereto, shall be presumptive
imprisonment. If an offense under such sections is classified in grid
blocks 5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional
nonprison sentence as provided in subsection (q).
(n) The sentence for a violation of criminal deprivation of
property, as defined in K.S.A. 21-5803, and amendments thereto, when
such property is a motor vehicle, and when such person being
sentenced has any combination of two or more prior convictions of
K.S.A. 21-3705(b), prior to its repeal, or of criminal deprivation of
property, as defined in K.S.A. 21-5803, and amendments thereto, when
such property is a motor vehicle, shall be presumptive imprisonment.
Such sentence shall not be considered a departure and shall not be
subject to appeal.
(o) (1) The sentence for a felony violation of theft of property as
defined in K.S.A. 21-5801, and amendments thereto, or burglary as
defined in K.S.A. 21-5807(a), and amendments thereto, when such
person being sentenced has no prior convictions for a violation of
K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft of property as
defined in K.S.A. 21-5801, and amendments thereto, or burglary as
defined in K.S.A. 21-5807(a), and amendments thereto; or the sentence
for a felony violation of theft of property as defined in K.S.A. 21-5801,
and amendments thereto, when such person being sentenced has one or
two prior felony convictions for a violation of K.S.A. 21-3701, 21-3715
or 21-3716, prior to their repeal, or theft of property as defined in
K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 21-5807, and amendments thereto; or the
sentence for a felony violation of burglary as defined in K.S.A. 21-
5807(a), and amendments thereto, when such person being sentenced
has one prior felony conviction for a violation of K.S.A. 21-3701, 21-
3715 or 21-3716, prior to their repeal, or theft of property as defined in
K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 21-5807, and amendments thereto, shall
be the sentence as provided by this section, except that the court may
order an optional nonprison sentence for a defendant to participate in a
drug treatment program, including, but not limited to, an approved
aftercare plan, if the court makes the following findings on the record:
(A) Substance abuse was an underlying factor in the commission
of the crime;
(B) substance abuse treatment in the community is likely to be
more effective than a prison term in reducing the risk of offender
recidivism; and
(C) participation in an intensive substance abuse treatment
program will serve community safety interests.
(2) A defendant sentenced to an optional nonprison sentence under
this subsection shall be supervised by community correctional services.
The provisions of K.S.A. 21-6824(f)(1), and amendments thereto, shall
apply to a defendant sentenced under this subsection. The sentence
under this subsection shall not be considered a departure and shall not
be subject to appeal.
(p) (1) The sentence for a felony violation of theft of property as
HOUSE BILL No. 2413—page 11
defined in K.S.A. 21-5801, and amendments thereto, when such person
being sentenced has any combination of three or more prior felony
convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716,
prior to their repeal, or theft of property as defined in K.S.A. 21-5801,
and amendments thereto, or burglary or aggravated burglary as defined
in K.S.A. 21-5807, and amendments thereto; or the sentence for a
violation of burglary as defined in K.S.A. 21-5807(a), and amendments
thereto, when such person being sentenced has any combination of two
or more prior convictions for violations of K.S.A. 21-3701, 21-3715
and 21-3716, prior to their repeal, or theft of property as defined in
K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 21-5807, and amendments thereto, shall
be presumed imprisonment and the defendant shall be sentenced to
prison as provided by this section, except that the court may
recommend that an offender be placed in the custody of the secretary of
corrections, in a facility designated by the secretary to participate in an
intensive substance abuse treatment program, upon making the
following findings on the record:
(A) Substance abuse was an underlying factor in the commission
of the crime;
(B) substance abuse treatment with a possibility of an early release
from imprisonment is likely to be more effective than a prison term in
reducing the risk of offender recidivism; and
(C) participation in an intensive substance abuse treatment
program with the possibility of an early release from imprisonment will
serve community safety interests by promoting offender reformation.
(2) The intensive substance abuse treatment program shall be
determined by the secretary of corrections, but shall be for a period of
at least four months. Upon the successful completion of such intensive
treatment program, the offender shall be returned to the court and the
court may modify the sentence by directing that a less severe penalty be
imposed in lieu of that originally adjudged within statutory limits. If the
offender's term of imprisonment expires, the offender shall be placed
under the applicable period of postrelease supervision. The sentence
under this subsection shall not be considered a departure and shall not
be subject to appeal.
(q) (1) As used in this section, an "optional nonprison sentence" is
a sentence which the court may impose, in lieu of the presumptive
sentence, upon making the following findings on the record:
(A) An appropriate treatment program exists which is likely to be
more effective than the presumptive prison term in reducing the risk of
offender recidivism; and
(B) the recommended treatment program is available and the
offender can be admitted to such program within a reasonable period of
time; or
(C) the nonprison sanction will serve community safety interests
by promoting offender reformation.
(2) Any decision made by the court regarding the imposition of an
optional nonprison sentence shall not be considered a departure and
shall not be subject to appeal.
(r) The sentence for a violation of K.S.A. 21-5413(c)(2), and
amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment
imposed. Such sentence shall not be considered a departure and shall
not be subject to appeal.
(s) The sentence for a violation of K.S.A. 21-5512, and
amendments thereto, shall be presumptive imprisonment. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
HOUSE BILL No. 2413—page 12
(t) (1) If the trier of fact makes a finding beyond a reasonable
doubt that an offender wore or used ballistic resistant material in the
commission of, or attempt to commit, or flight from any felony, in
addition to the sentence imposed pursuant to the Kansas sentencing
guidelines act, the offender shall be sentenced to an additional 30
months' imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be
presumptive imprisonment and shall be served consecutively to any
other term or terms of imprisonment imposed. Such sentence shall not
be considered a departure and shall not be subject to appeal.
(3) As used in this subsection, "ballistic resistant material" means
any:
(A) Commercially produced material designed with the purpose of
providing ballistic and trauma protection, including, but not limited to,
bulletproof vests and kevlar vests; and
(B) homemade or fabricated substance or item designed with the
purpose of providing ballistic and trauma protection.
(u) The sentence for a violation of K.S.A. 21-6107, and
amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
21-5301 and 21-5302, and amendments thereto, to commit such
offense, when such person being sentenced has a prior conviction for a
violation of K.S.A. 21-4018, prior to its repeal, or K.S.A. 21-6107, and
amendments thereto, or any attempt or conspiracy to commit such
offense, shall be presumptive imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(v) The sentence for a third or subsequent violation of K.S.A. 8-
1568, and amendments thereto, shall be presumptive imprisonment and
shall be served consecutively to any other term or terms of
imprisonment imposed. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(w) The sentence for aggravated criminal damage to property as
defined in K.S.A. 21-5813(b), and amendments thereto, when such
person being sentenced has a prior conviction for any nonperson felony
shall be presumptive imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(x) The sentence for a violation of K.S.A. 21-5807(a)(1), and
amendments thereto, shall be presumptive imprisonment if the offense
under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(y) (1) Except as provided in paragraph (3), if the trier of fact
makes a finding beyond a reasonable doubt that an offender committed
a nondrug felony offense, or any attempt or conspiracy, as defined in
K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit a
nondrug felony offense, against a law enforcement officer, as defined in
K.S.A. 21-5111(p)(1) and (3), and amendments thereto, while such
officer was engaged in the performance of such officer's duty, or in
whole or in any part because of such officer's status as a law
enforcement officer, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such
offender shall not be eligible for probation or suspension, modification
or reduction of sentence. In addition, such offender shall not be eligible
for parole prior to serving 25 years' imprisonment, and such 25 years'
imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a
HOUSE BILL No. 2413—page 13
mandatory minimum term of imprisonment of 25 years shall not apply
if the court finds the offender, because of the offender's criminal history
classification, is subject to presumptive imprisonment and the
sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to an offense
described in paragraph (1) if the factual aspect concerning a law
enforcement officer is a statutory element of such offense.
(z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments
thereto, or any other provision of law to the contrary, the sentence for a
violation of criminal possession of a weapon by a convicted felon as
defined in K.S.A. 21-6304, and amendments thereto, shall be
presumptive imprisonment and shall be served consecutively to any
other term or terms of imprisonment imposed if the trier of fact makes a
finding beyond a reasonable doubt that:
(A) The weapon the offender possessed during such violation was
a firearm; and
(B) such firearm was used by the offender during the commission
of any violent felony.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal. No other
sentence shall be permitted.
(3) The provisions of this subsection shall not apply to an offender
who is prohibited from possessing a weapon pursuant to K.S.A. 21-
6304, and amendments thereto, as a result of a juvenile adjudication.
(4) As used in this subsection, "violent felony" means any of the
following:
(A) Capital murder, as defined in K.S.A. 21-5401, and
amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 21-5402, and
amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-5403,
and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-5404, and
amendments thereto;
(E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and
amendments thereto, or aggravated kidnapping, as defined in K.S.A.
21-5408(b), and amendments thereto;
(F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and
amendments thereto, and aggravated assault of a law enforcement
officer, as defined in K.S.A. 21-5412(d)(1), and amendments thereto;
(G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or
(b)(1)(B), and amendments thereto, and aggravated battery against a
law enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2),
and amendments thereto;
(H) mistreatment of a dependent adult or mistreatment of an elder
person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto;
(I) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b),
and amendments thereto;
(K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3),
and amendments thereto;
(L) any felony offense described in K.S.A. 21-5703 or 21-5705,
and amendments thereto;
(M) treason, as defined in K.S.A. 21-5901, and amendments
thereto;
HOUSE BILL No. 2413—page 14
(N) criminal discharge of a firearm, as defined in K.S.A. 21-
6308(a)(1), and amendments thereto;
(O) fleeing or attempting to elude a police officer, as defined in
K.S.A. 8-1568(b), and amendments thereto;
(P) any felony that includes the domestic violence designation
pursuant to K.S.A. 22-4616, and amendments thereto; or
(Q) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any
felony offense defined in this subsection.
(aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A)
or (a)(1)(B), and amendments thereto, if the trier of fact makes a
finding beyond a reasonable doubt that the offender discharged a
firearm and that the offender knew or reasonably should have known
that:
(A) A person was present in the dwelling, building, structure or
motor vehicle at which the offender discharged a firearm, shall be
presumptive imprisonment and, in addition to the sentence imposed
pursuant to the Kansas sentencing guidelines act, the offender shall be
sentenced to an additional 60 months of imprisonment; and
(B) a person less than 14 years of age was present in the dwelling,
building, structure or motor vehicle at which the offender discharged a
firearm, shall be presumptive imprisonment and, in addition to the
sentence imposed pursuant to the Kansas sentencing guidelines act, the
offender shall be sentenced to an additional 120 months of
imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be
served consecutively to any other term or terms of imprisonment
imposed. Such sentence shall not be considered a departure and shall
not be subject to appeal.
(bb) (1) If the trier of fact makes a finding beyond a reasonable
doubt that an offender committed any act described in K.S.A. 21-5408,
21-5409, 21-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-
5427, 215428, 21-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-5507,
21-5508, 21-5509, 21-5510, 21-5515, 21-5601, 21-5602, 21-5604 or
21-5605, and amendments thereto, or any attempt or conspiracy , as
defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to
commit any such act with knowledge that a woman is pregnant and
with the intent that such act will compel such woman to obtain an
abortion when such woman has expressed her desire to not obtain an
abortion, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such
offender shall not be eligible for probation or suspension, modification
or reduction of sentence. In addition, such offender shall not be eligible
for parole prior to serving 25 years' imprisonment, and such 25 years'
imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a
mandatory minimum term of imprisonment of 25 years shall not apply
if the court finds the offender, because of the offender's criminal history
classification, is subject to presumptive imprisonment and the
sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal.
(cc) (1) If the trier of fact makes a finding beyond a reasonable
HOUSE BILL No. 2413—page 15
doubt that an offender committed any offense or any attempt or
conspiracy as defined in K.S.A. 21-5301 and 21-5302, and amendments
thereto, to commit any offense with the intent to commit transnational
repression as described in section 1(d), and amendments thereto, the
sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such
offender shall not be eligible for probation or suspension, modification
or reduction of sentence. In addition, such offender shall not be eligible
for parole prior to serving 25 years' imprisonment, and such 25 years'
imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a
mandatory minimum term of imprisonment of 25 years shall not apply
if the court finds the offender, because of the offender's criminal history
classification, is subject to presumptive imprisonment and the
sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal.
Sec. 5. K.S.A. 22-4807a is hereby amended to read as follows: 22-
4807a. (a) The following property is subject to forfeiture pursuant to
this act:
(1) Contraband property used or intended to be used in the
commission of theft of livestock or an implement of husbandry;
(2) the proceeds gained from the commission of theft of livestock
or an implement of husbandry;
(3) personal property acquired with proceeds gained from the
commission of theft of livestock or an implement of husbandry;
(4) all conveyances, including aircraft, vehicles, vessels , or horses
or dogs which that are used or intended for the use to transport or in
any manner to facilitate the transportation for the purpose of the
commission of theft of livestock or an implement of husbandry . No
conveyance used by any person as a common carrier in the
transportation of business as a common carrier is subject to forfeiture
under this section unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy to a violation of
this act. No conveyance is subject to forfeiture under this section by
reason of any act or omission established by the owners thereof to have
been committed or omitted without the owners knowledge or consent.
A forfeiture of a conveyance encumbered by a bona fide security
interest is subject to the interest of the secured party or parties;
(5) all books, records and research products and materials
including microfilm, tapes and data which , whether in a physical or
electronic format, that are used or intended for the use in the theft of
livestock or an implement of husbandry;
(6) everything of value furnished , or intended to be furnished or
traded or used as payment or invested for anything of value but shall
not include real property. It may be presumed that this the property was
acquired with proceeds gained from the commission of theft of
livestock or an implement of husbandry and are subject to forfeiture.
(b) Property which that is used in the commission of theft of
livestock which or an implement of husbandry that has title of
ownership with two parties on the title or a cosigner is subject to
forfeiture, if one party on the title uses the property in the commission
of theft of livestock or an implement of husbandry or receives titled
HOUSE BILL No. 2413—page 16
property as the proceeds of such felony even if the second party claims
that such second party did not have knowledge or involvement in such
felony.
(c) As used in this act:
(1) "Contraband property" means property of any nature including
personal, tangible or intangible but shall does not include real property.
(2) "Implement of husbandry" means the same as defined in
K.S.A. 8-126, and amendments thereto.
(3) "Livestock" means cattle , swine, sheep, goats, or horses ,
mules, domesticated deer and all creatures of the ratite family that are
not indigenous to this state, including, but not limited to, ostriches,
emus and rheas, and any carcass, skin or part of such animal.
(3)(4) "Theft of livestock " means theft which is classified as a
felony violation, pursuant to the same as defined in K.S.A. 21-5801,
and amendments thereto, in which the property taken was livestock.
(4) "Domesticated deer" means any member of the family
cervidae which was legally obtained and is being sold or raised in a
confined area for breeding stock; for any carcass, skin or part of such
animal; for exhibition; or for companionship.
HOUSE BILL No. 2413—page 17
Sec. 6. K.S.A. 21-5801 , 21-6412 and 22-4807a and K.S.A. 2025
Supp. 21-6804 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.