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Senate Substitute for HOUSE BILL No. 2501
AN ACT concerning firearms; relating to civil liability; providing for immunity from civil
liability to federal firearms licensees for returning a firearm to the firearm owner at
the termination of a firearm hold agreement; removing the criminal prohibition
against firearm suppressors and shotgun barrel length qualification requirements;
providing for enhanced penalties for certain felonies committed while using a firearm
suppressor or short-barrel shotgun; amending K.S.A. 21-6301 and 21-6302 and
K.S.A. 2025 Supp. 21-6804 and 21-6805 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) As used in this section, unless the context
requires otherwise:
(1) "Federal firearms licensee" means any person or entity
licensed pursuant to 18 U.S.C. § 923.
(2) "Firearm" means the same as defined in 18 U.S.C. § 921, as in
effect on July 1, 2026.
(3) "Firearm hold agreement" means a private agreement between
a federal firearms licensee and an individual firearm owner in which
the licensee takes physical possession of the owner's lawfully possessed
firearm at the owner's request, holds the firearm for an agreed period of
time and returns the firearm to the owner according to the terms of the
agreement. If the firearm hold agreement does not provide for the
disposition of a firearm abandoned by the owner, state law providing
for the disposition of abandoned property applies.
(4) "Municipality" means any city, county and consolidated city-
county.
(b) The individual firearms owner shall provide the make, model
and serial number of each firearm to be held as part of the firearm hold
agreement. The agreement shall also contain an option for the firearms
owner to list a second person to contact in the event of the death or
serious illness of the firearms owner.
(c) Notwithstanding any other provision of federal or state law, a
federal firearms licensee conducting business in this state that has
entered into a firearm hold agreement with a firearm owner shall be
immune from any claim or cause of action of any kind under theory of
liability, including, but not limited to, statutory claims or common law
claims arising from tort or contract for any act or omission concerning,
arising out of or related to the temporary storage of the firearm on the
federal firearm licensee's licensed business premises or the return of a
firearm to the individual firearm owner pursuant to the firearm hold
agreement, including, without limitation, claims related to personal
injury of death of a person resulting from the return of a firearm to the
firearm owner at the termination of the firearm hold agreement.
(d) Nothing in this act shall be construed to require a federal
firearm licensee to accept a firearm for temporary storage on the
licensee's premises at the request of the owner as a condition of such
licensee's license, thereby allowing federal firearm licensees to have
complete discretion in refusing to enter into a firearm hold agreement.
(e) (1) Municipalities are preempted from imposing any regulation
or additional terms on firearm hold agreements or from creating any
civil course of action involving the parties to a firearm hold agreement.
(2) The provisions of this act preempt any local statutes, laws or
regulations that require or impose obligations on a federal firearm
licensee to receive a firearm by a lawful owner for temporary storage
pursuant to a firearm hold agreement that are beyond the requirements
of this act.
(f) A federal firearms licensee shall destroy and not retain in any
form, including digital or electronic records, any firearm hold
agreement, list of such agreements or identifying information related
thereto, not later than 90 days after the termination of the agreement
and return of the firearm to the owner, unless required to retain such
records by federal law. Destruction shall be in a manner that prevents
reconstruction of such records.
(g) The voluntary exercise by a firearm owner of the right to
temporarily transfer possession of a lawfully owned firearm pursuant to
a firearm hold agreement and the subsequent exercise of the right to
reclaim possession of such firearm shall be deemed the lawful exercise
Senate Sub for HOUSE BILL No. 2501—page 2
of a property right and not give rise to:
(1) Any presumption of negligence, fault, recklessness or
foreseeability;
(2) any inference that the firearm owner lacked the legal capacity
or fitness to possess a firearm; or
(3) any duty, obligation or expectation that the firearm owner
continue, extend or delay reclaiming possession of the firearm beyond
the terms of the agreement.
(h) The existence of a firearm hold agreement, the decision to
enter into such agreement or the timing of a firearm's return pursuant to
the agreement shall not be used to diminish, condition or burden a
firearm owner's lawful right to possess property and, standing alone,
not be admissible to establish a standard of care, breach of duty or
comparative fault in any civil action against the firearm owner.
(i) (1) Except as expressly agreed by the parties in a firearm hold
agreement, a federal firearms licensee shall return the firearm to the
firearm owner without unreasonable delay upon termination of the
agreement and without any additional penalties and fees if the owner is
not prohibited by law from possessing the firearm at the time of return.
(2) Nothing in this subsection shall be construed to impair, waive
or limit a firearm owner's right to recover possession of property or
pursue relief for wrongful retention under contract or property law.
Sec. 2. K.S.A. 21-6301 is hereby amended to read as follows: 21-
6301. (a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing or possessing any
bludgeon, sand club or metal knuckles;
(2) possessing with intent to use the same unlawfully against
another, a dagger, dirk, billy, blackjack, slungshot, dangerous knife,
straight-edged razor, throwing star, stiletto or any other dangerous or
deadly weapon or instrument of like character;
(3) setting a spring gun;
(4) possessing any device or attachment of any kind designed,
used or intended for use in suppressing the report of any firearm;
(5)(4) selling, manufacturing, purchasing or possessing a shotgun
with a barrel less than 18 inches in length, or any firearm designed to
discharge or capable of discharging automatically more than once by a
single function of the trigger, whether the person knows or has reason
to know the length of the barrel or that the firearm is designed or
capable of discharging automatically;
(6)(5) possessing, manufacturing, causing to be manufactured,
selling, offering for sale, lending, purchasing or giving away any
cartridge which that can be fired by a handgun and which has a plastic-
coated bullet that has a core of less than 60% lead by weight, whether
the person knows or has reason to know that the plastic-coated bullet
has a core of less than 60% lead by weight;
(7)(6) selling, giving or otherwise transferring any firearm with a
barrel less than 12 inches long to any person under 18 years of age
whether the person knows or has reason to know the length of the
barrel;
(8)(7) selling, giving or otherwise transferring any firearms to any
person who is both addicted to and an unlawful user of a controlled
substance;
(9)(8) selling, giving or otherwise transferring any firearm to any
person who is or has been a mentally ill person subject to involuntary
commitment for care and treatment, as defined in K.S.A. 59-2946, and
amendments thereto, or a person with an alcohol or substance abuse
problem subject to involuntary commitment for care and treatment as
defined in K.S.A. 59-29b46, and amendments thereto;
(10)(9) possessing any firearm by a person who is both addicted to
and an unlawful user of a controlled substance;
(11)(10) possessing any firearm by any person, other than a law
enforcement officer, in or on any school property or grounds upon
which is located a building or structure used by a unified school district
or an accredited nonpublic school for student instruction or attendance
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or extracurricular activities of pupils enrolled in kindergarten or any of
the grades one through 12 or at any regularly scheduled school
sponsored activity or event whether the person knows or has reason to
know that such person was in or on any such property or grounds;
(12)(11) refusing to surrender or immediately remove from school
property or grounds or at any regularly scheduled school sponsored
activity or event any firearm in the possession of any person, other than
a law enforcement officer, when so requested or directed by any duly
authorized school employee or any law enforcement officer;
(13)(12) possessing any firearm by a person who is or has been a
mentally ill person subject to involuntary commitment for care and
treatment, as defined in K.S.A. 59-2946, and amendments thereto, or
persons with an alcohol or substance abuse problem subject to
involuntary commitment for care and treatment as defined in K.S.A.
59-29b46, and amendments thereto;
(14)(13) possessing a firearm with a barrel less than 12 inches
long by any person less than 18 years of age;
(15)(14) possessing any firearm while a fugitive from justice;
(16)(15) possessing any firearm by a person who is an alien
illegally or unlawfully in the United States;
(17)(16) possessing any firearm by a person while such person is
subject to a court order that:
(A) Was issued after a hearing, of which such person received
actual notice, and at which such person had an opportunity to
participate;
(B) restrains such person from harassing, stalking or threatening
an intimate partner of such person or a child of such person or such
intimate partner, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury to the partner or the
child; and
(C) (i) includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use or
threatened use of physical force against such intimate partner or child
that would reasonably be expected to cause bodily injury; or
(18)(17) possessing any firearm by a person who, within the
preceding five years, has been convicted of a misdemeanor for a
domestic violence offense, or a misdemeanor under a law of another
jurisdiction whichthat is substantially the same as such misdemeanor
offense.
(b) Criminal use of weapons as defined in:
(1) Subsection (a)(1), (a)(2), (a)(3), (a) (7)(6), (a) (8)(7), (a) (9)(8)
or (a)(12)(11) is a class A nonperson misdemeanor;
(2) subsection (a)(4), (a)(5) or (a)(6) (a)(4) or (a)(5) is a severity
level 9, nonperson felony;
(3) subsection (a)(10) or (a)(11) (a)(9) or (a)(10) is a class B
nonperson select misdemeanor;
(4) subsection (a)(13)(12), (a)(15)(14), (a)(16)(15), (a)(17)(16) or
(a)(18)(17) is a severity level 8, nonperson felony; and
(5) subsection (a)(14)(13) is a:
(A) Class A nonperson misdemeanor except as provided in
subsection (b)(5)(B);
(B) severity level 8, nonperson felony upon a second or
subsequent conviction.
(c) Subsections (a)(1), (a)(2) and (a)(5)(4) shall not apply to:
(1) Law enforcement officers, or any person summoned by any
such officers to assist in making arrests or preserving the peace while
actually engaged in assisting such officer;
(2) wardens, superintendents, directors, security personnel and
keepers of prisons, penitentiaries, jails and other institutions for the
detention of persons accused or convicted of crime, while acting within
the scope of their authority;
(3) members of the armed services or reserve forces of the United
States or the Kansas national guard while in the performance of their
Senate Sub for HOUSE BILL No. 2501—page 4
official duty; or
(4) the manufacture of, transportation to, or sale of weapons to a
person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess
such weapons.
(d) SubsectionsSubsection (a)(4) and (a)(5) shall not apply to any
person who sells, purchases, possesses or carries a firearm, device or
attachment whichthat has been rendered unserviceable by steel weld in
the chamber and marriage weld of the barrel to the receiver and
whichthat has been registered in the national firearms registration and
transfer record in compliance with 26 U.S.C. § 5841 et seq. in the name
of such person and, if such person transfers such firearm, device or
attachment to another person, has been so registered in the transferee's
name by the transferor.
(e) Subsection (a)(6)(5) shall not apply to a governmental
laboratory or solid plastic bullets.
(f) Subsection (a)(4) shall not apply to a law enforcement officer
who is:
(1) Assigned by the head of such officer's law enforcement agency
to a tactical unit which receives specialized, regular training;
(2) designated by the head of such officer's law enforcement
agency to possess devices described in subsection (a)(4); and
(3) in possession of commercially manufactured devices which
are:
(A) Owned by the law enforcement agency;
(B) in such officer's possession only during specific operations;
and
(C) approved by the bureau of alcohol, tobacco, firearms and
explosives of the United States department of justice.
(g)(f) Subsections (a)(4), (a)(5) and (a)(6) (a)(4) and (a)(5) shall
not apply to any person employed by a laboratory whichthat is certified
by the United States department of justice, national institute of justice,
while actually engaged in the duties of their employment and on the
premises of such certified laboratory. Subsections (a)(4), (a)(5) and (a)
(6) (a)(4) and (a)(5) shall not affect the manufacture of, transportation
to or sale of weapons to such certified laboratory.
(h)(g) Subsections (a)(4) and Subsection (a)(5)(4) shall not
apply to or affect any person or entity in compliance with the national
firearms act, 26 U.S.C. § 5801 et seq.
(i) (1) Subsection (a)(4) shall not apply to or affect any person in
possession of a device or attachment designed, used or intended for use
in suppressing the report of any firearm, if such device or attachment
satisfies the description of a Kansas-made firearm accessory as set forth
in K.S.A. 50-1204, and amendments thereto.
(2) The provisions of this subsection shall apply to any violation
of subsection (a)(4) that occurred on or after April 25, 2013.
(j)(h) Subsection (a)(11)(10) shall not apply to:
(1) Possession of any firearm in connection with a firearms safety
course of instruction or firearms education course approved and
authorized by the school;
(2) possession of any firearm specifically authorized in writing by
the superintendent of any unified school district or the chief
administrator of any accredited nonpublic school;
(3) possession of a firearm secured in a motor vehicle by a parent,
guardian, custodian or someone authorized to act in such person's
behalf who is delivering or collecting a student;
(4) possession of a firearm secured in a motor vehicle by a
registered voter who is on the school grounds, whichthat contain a
polling place for the purpose of voting during polling hours on an
election day; or
(5) possession of a concealed handgun by an individual who is not
prohibited from possessing a firearm under either federal or state law,
and who is either: (A) 21 years of age or older; or (B) possesses a valid
provisional license issued pursuant to K.S.A. 75-7c03, and amendments
thereto, or a valid license to carry a concealed handgun issued by
Senate Sub for HOUSE BILL No. 2501—page 5
another jurisdiction that is recognized in this state pursuant to K.S.A.
75-7c03, and amendments thereto.
(k)(i) Subsections (a)(9) and (a)(13) (a)(8) and (a)(12) shall not
apply to a person who has received a certificate of restoration pursuant
to K.S.A. 75-7c26, and amendments thereto.
(l)(j) Subsection (a) (14)(13) shall not apply if such person, less
than 18 years of age, was:
(1) In attendance at a hunter's safety course or a firearms safety
course;
(2) engaging in practice in the use of such firearm or target
shooting at an established range authorized by the governing body of
the jurisdiction in which such range is located, or at another private
range with permission of such person's parent or legal guardian;
(3) engaging in an organized competition involving the use of
such firearm, or participating in or practicing for a performance by an
organization exempt from federal income tax pursuant to section 501(c)
(3) of the internal revenue code of 1986 which uses firearms as a part
of such performance;
(4) hunting or trapping pursuant to a valid license issued to such
person pursuant to article 9 of chapter 32 of the Kansas Statutes
Annotated, and amendments thereto;
(5) traveling with any such firearm in such person's possession
being unloaded to or from any activity described in subsections (l)(j)(1)
through (l)(j)(4), only if such firearm is secured, unloaded and outside
the immediate access of such person;
(6) on real property under the control of such person's parent, legal
guardian or grandparent and who has the permission of such parent,
legal guardian or grandparent to possess such firearm; or
(7) at such person's residence and who, with the permission of
such person's parent or legal guardian, possesses such firearm for the
purpose of exercising the rights contained in K.S.A. 21-5222, 21-5223
or 21-5225, and amendments thereto.
(m)(k) As used in this section:
(1) "Domestic violence" means the use or attempted use of
physical force, or the threatened use of a deadly weapon, committed
against a person with whom the offender is involved or has been
involved in a dating relationship or is a family or household member.
(2) "Fugitive from justice" means any person having knowledge
that a warrant for the commission of a felony has been issued for the
apprehension of such person under K.S.A. 22-2713, and amendments
thereto.
(3) "Intimate partner" means, with respect to a person, the spouse
of the person, a former spouse of the person, an individual who is a
parent of a child of the person or an individual who cohabitates or has
cohabitated with the person.
(4) "Throwing star" means any instrument, without handles,
consisting of a metal plate having three or more radiating points with
one or more sharp edges and designed in the shape of a polygon,
trefoil, cross, star, diamond or other geometric shape, manufactured for
use as a weapon for throwing.
Sec. 3. K.S.A. 21-6302 is hereby amended to read as follows: 21-
6302. (a) Criminal carrying of a weapon is knowingly carrying:
(1) Any bludgeon, sandclub, metal knuckles or throwing star;
(2) concealed on one's person, a billy, blackjack, slungshot or any
other dangerous or deadly weapon or instrument of like character;
(3) on one's person or in any land, water or air vehicle, with intent
to use the same unlawfully, a tear gas or smoke bomb or projector or
any object containing a noxious liquid, gas or substance;
(4) any pistol, revolver or other firearm concealed on one's person
if such person is under 21 years of age, except when on such person's
land or in such person's abode or fixed place of business; or
(5) a shotgun with a barrel less than 18 inches in length or any
other firearm designed to discharge or capable of discharging
automatically more than once by a single function of the trigger
Senate Sub for HOUSE BILL No. 2501—page 6
whether the person knows or has reason to know the length of the
barrel or that the firearm is designed or capable of discharging
automatically.
(b) Criminal carrying of a weapon as defined in:
(1) Subsections (a)(1), (a)(2), (a)(3) or (a)(4) is a class A
nonperson misdemeanor; and
(2) subsection (a)(5) is a severity level 9, nonperson felony.
(c) Subsection (a) shall not apply to:
(1) Law enforcement officers, or any person summoned by any
such officers to assist in making arrests or preserving the peace while
actually engaged in assisting such officer;
(2) wardens, superintendents, directors, security personnel and
keepers of prisons, penitentiaries, jails and other institutions for the
detention of persons accused or convicted of crime, while acting within
the scope of their authority;
(3) members of the armed services or reserve forces of the United
States or the Kansas national guard while in the performance of their
official duty; or
(4) the manufacture of, transportation to, or sale of weapons to a
person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess
such weapons.
(d) Subsection (a)(4) shall not apply to any person who is carrying
a handgun, as defined in K.S.A. 75-7c02, and amendments thereto, and
who possesses a valid provisional license issued pursuant to K.S.A. 75-
7c03, and amendments thereto, or a valid license or permit to carry a
concealed firearm that was issued by another jurisdiction and is
recognized in this state pursuant to K.S.A. 75-7c03, and amendments
thereto.
(e) Subsection (a)(5) shall not apply to:
(1) Any person who sells, purchases, possesses or carries a
firearm, device or attachment which that has been rendered
unserviceable by steel weld in the chamber and marriage weld of the
barrel to the receiver and which that has been registered in the national
firearms registration and transfer record in compliance with 26 U.S.C. §
5841 et seq. in the name of such person and, if such person transfers
such firearm, device or attachment to another person, has been so
registered in the transferee's name by the transferor;
(2) any person employed by a laboratory which that is certified by
the United States department of justice, national institute of justice,
while actually engaged in the duties of their employment and on the
premises of such certified laboratory. Subsection (a)(5) shall not affect
the manufacture of, transportation to or sale of weapons to such
certified laboratory; or
(3) any person or entity in compliance with the national firearms
act, 26 U.S.C. § 5801 et seq.
(f) As used in this section, "throwing star" means the same as
prescribed by K.S.A. 21-6301, and amendments thereto.
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
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Senate Sub for HOUSE BILL No. 2501—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) (1) 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).
(2) When a firearm is used to commit any nonperson felony, the
offender's sentence shall be one severity level above the appropriate
level for such offense if the trier of fact makes a finding beyond a
reasonable doubt that such firearm was:
(A) Equipped with a device designed to suppress the report of the
firearm; or
(B) a shotgun equipped with a forend and having a barrel less
than 18 inches in length.
(3) The sentence imposed pursuant to this subsection shall not be
considered a departure and shall not be subject to appeal.
(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.
Senate Sub for HOUSE BILL No. 2501—page 9
(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
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.
Senate Sub for HOUSE BILL No. 2501—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
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
Senate Sub for HOUSE BILL No. 2501—page 11
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.
(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.
Senate Sub for HOUSE BILL No. 2501—page 12
(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
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
Senate Sub for HOUSE BILL No. 2501—page 13
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;
(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,
Senate Sub for HOUSE BILL No. 2501—page 14
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.
Sec. 5. K.S.A. 2025 Supp. 21-6805 is hereby amended to read as
follows: 21-6805. (a) The provisions of this section shall be applicable
to the sentencing guidelines grid for drug crimes. The following
sentencing guidelines grid for drug crimes shall be applicable to felony
crimes under K.S.A. 21-5701 through 21-5717, and amendments
thereto, except as otherwise provided by law:
Senate Sub for HOUSE BILL No. 2501—page 15
Senate Sub for HOUSE BILL No. 2501—page 16
(b) Sentences expressed in the sentencing guidelines grid for drug
crimes in subsection (a) represent months of imprisonment.
(c) (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. The sentencing court shall not distinguish between
the controlled substances cocaine base (9041L000) and cocaine
hydrochloride (9041L005) when sentencing within the sentencing
range of the grid block.
(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 prison sentence as well as the duration of the nonprison
sanction at the sentencing hearing.
(d) 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 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-
D, the court may impose an optional nonprison sentence as provided in
K.S.A. 21-6804(q), and amendments thereto.
(e) The sentence for a second or subsequent conviction for
unlawful manufacturing of a controlled substance, K.S.A. 65-4159,
prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer,
K.S.A. 21-5703, and amendments thereto, or a substantially similar
offense from another jurisdiction, if the controlled substance in any
prior conviction was methamphetamine, as defined by K.S.A. 65-
4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof,
shall be a presumptive term of imprisonment of two times the
maximum duration of the presumptive term of imprisonment. The court
may impose an optional reduction in such sentence of not to exceed
50% of the mandatory increase provided by this subsection upon
making a finding on the record that one or more of the mitigating
factors as specified in K.S.A. 21-6815, and amendments thereto, justify
such a reduction in sentence. Any decision made by the court regarding
the reduction in such sentence shall not be considered a departure and
shall not be subject to appeal.
(f) (1) The sentence for a third or subsequent felony conviction of
K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp.
21-36a06, prior to its transfer, or K.S.A. 21-5706, and amendments
thereto, shall be a presumptive term of imprisonment and the defendant
shall be sentenced to prison as provided by this section. The defendant's
term of imprisonment shall be served in the custody of the secretary of
corrections in a facility designated by the secretary. Subject to
appropriations therefore, the defendant shall participate in an intensive
substance abuse treatment program, of at least four months duration,
selected by the secretary of corrections. If the secretary determines that
substance abuse treatment resources are otherwise available, such term
of imprisonment may be served in a facility designated by the secretary
of corrections in the custody of the secretary of corrections to
participate in an intensive substance abuse treatment program. The
secretary's determination regarding the availability of treatment
resources shall not be subject to review. Upon the successful
completion of such intensive treatment program, the offender shall be
Senate Sub for HOUSE BILL No. 2501—page 17
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. If the offender's term of imprisonment expires, the offender
shall be placed under the applicable period of postrelease supervision.
(2) Such defendant's term of imprisonment shall not be subject to
modification under paragraph (1) if:
(A) The defendant has previously completed a certified drug abuse
treatment program, as provided in K.S.A. 75-52,144, and amendments
thereto;
(B) has been discharged or refused to participate in a certified
drug abuse treatment program, as provided in K.S.A. 75-52,144, and
amendments thereto;
(C) has completed an intensive substance abuse treatment program
under paragraph (1); or
(D) has been discharged or refused to participate in an intensive
substance abuse treatment program under paragraph (1).
(3) The sentence under this subsection shall not be considered a
departure and shall not be subject to appeal.
(g) (1) Except as provided further, if the trier of fact makes a
finding that an offender carried a firearm to commit a drug felony, or in
furtherance of a drug felony, possessed a firearm, in addition to the
sentence imposed pursuant to K.S.A. 21-6801 through 21-6824, and
amendments thereto, the offender shall be sentenced to:
(A) Except as provided in subsection (g)(1)(B), an additional 6
months' imprisonment; and
(B) if the trier of fact makes a finding that the firearm was
discharged, an additional 18 months' imprisonment.
(2) When a firearm is used to commit any drug felony that is not
subject to the provisions of subsection (g)(1), the offender's sentence
shall be one severity level above the appropriate level for such offense
if the trier of fact makes a finding beyond a reasonable doubt that such
firearm was:
(A) Equipped with a device designed to suppress the report of the
firearm; or
(B) a shotgun equipped with a forend and having a barrel less
than 18 inches in length.
(3) The sentence imposed pursuant to this subsection (g)(1) shall
be presumptive imprisonment. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(3)(4) The provisions of this subsection (g)(1) shall not apply to
violations of K.S.A. 21-5706 or 21-5713, and amendments thereto.
(h) (1) The sentence for a violation of the following with respect
to material containing any quantity of a fentanyl-related controlled
substance shall be presumed imprisonment and shall be two times the
maximum duration of the presumptive term of imprisonment:
(A) K.S.A. 21-5703, and amendments thereto; and
(B) K.S.A. 21-5705, and amendments thereto, if the violation is
classified as a drug severity level 1, 2 or 3 felony.
(2) Such sentence shall not be considered a departure and shall not
be subject to appeal.
(i) The sentence for a violation of K.S.A. 21-5703 or 21-5705, and
amendments thereto, shall be presumed imprisonment and shall be two
times the maximum duration of the presumptive term of imprisonment
if the trier of fact makes a finding beyond a reasonable doubt that the
controlled substance involved, because of its appearance or packaging,
was likely to be attractive to minors. Such sentence shall not be
considered a departure and shall not be subject to appeal.
Senate Sub for HOUSE BILL No. 2501—page 18
Sec. 6. K.S.A. 21-6301 and 21-6302 and K.S.A. 2025 Supp. 21-
6804 and 21-6805 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.