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HOUSE BILL No. 2747
AN ACT concerning crimes, punishment and criminal procedure; relating to the revised
Kansas sentencing guidelines act; specifying that courts shall consider certain factors
in determining whether a prior violation of law is comparable to any act described in
certain driving under the influence crimes when calculating a person's criminal
history classification; amending K.S.A. 21-6811 and repealing the existing section.
WHEREAS, The amendments made to the provisions of K.S.A. 21-
6811 by this act shall be known as Sidnee's Law.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-6811 is hereby amended to read as follows:
21-6811. In addition to the provisions of K.S.A. 21-6810, and
amendments thereto, the following shall apply in determining an
offender's criminal history classification as contained in the
presumptive sentencing guidelines grids:
(a) Every three prior adult convictions or juvenile adjudications of
class A and class B person misdemeanors in the offender's criminal
history, or any combination thereof, shall be rated as one adult
conviction or one juvenile adjudication of a person felony for criminal
history purposes. Every three prior adult convictions or juvenile
adjudications of assault as defined in K.S.A. 21-3408, prior to its
repeal, or K.S.A. 21-5412(a), and amendments thereto, occurring
within a period commencing three years prior to the date of conviction
for the current crime of conviction shall be rated as one adult
conviction or one juvenile adjudication of a person felony for criminal
history purposes.
(b) A conviction of criminal possession of a firearm as defined in
K.S.A. 21-4204(a)(1) or (a)(5), prior to its repeal, criminal use of
weapons as defined in K.S.A. 21-6301(a)(10) or (a)(11), and
amendments thereto, or unlawful possession of a firearm as in effect on
June 30, 2005, and as defined in K.S.A. 21-4218, prior to its repeal,
will be scored as a select class B nonperson misdemeanor conviction or
adjudication and shall not be scored as a person misdemeanor for
criminal history purposes.
(c) (1) If the current crime of conviction was committed before
July 1, 1996, and is for K.S.A. 21-3404(b), as in effect on June 30,
1996, involuntary manslaughter in the commission of driving under the
influence, then, each prior adult conviction or juvenile adjudication for
K.S.A. 8-1567, and amendments thereto, shall count as one person
felony for criminal history purposes.
(2) If the current crime of conviction was committed on or after
July 1, 1996, and is for a violation of K.S.A. 21-5405(a)(3) or (a)(5),
and amendments thereto, each prior adult conviction, diversion in lieu
of criminal prosecution or juvenile adjudication for: (A) Any act
described in K.S.A. 8-2,144 or 8-1567, and amendments thereto; or (B)
a violation of a law of another state or, an ordinance of any city , or
resolution of any county, which that prohibits any act described in
K.S.A. 8-2,144 or 8- 1567, and amendments thereto, shall count as one
person felony for criminal history purposes.
(3) If the current crime of conviction is for a violation of K.S.A.
21-5413(b)(3) or (b)(4), and amendments thereto:
(A) The first prior adult conviction, diversion in lieu of criminal
prosecution or juvenile adjudication for the following shall count as
one nonperson felony for criminal history purposes: (i) Any act
described in K.S.A. 8-2,144 or 8-1567, and amendments thereto; or (ii)
a violation of a law of another state or, an ordinance of any city , or
resolution of any county, which that prohibits any act described in
K.S.A. 8-2,144 or 8-1567, and amendments thereto; and
(B) each second or subsequent prior adult conviction, diversion in
lieu of criminal prosecution or juvenile adjudication for the following
shall count as one person felony for criminal history purposes: (i) Any
act described in K.S.A. 8-2,144 or 8-1567, and amendments thereto; or
(ii) a violation of a law of another state or, an ordinance of any city , or
resolution of any county , which that prohibits any act described in
HOUSE BILL No. 2747—page 2
K.S.A. 8-2,144 or 8-1567, and amendments thereto.
(4) For the purposes of this subsection, in determining whether a
violation of a law of another state, an ordinance of any city or
resolution of any county prohibits any act described in K.S.A. 8-2,144
or 8-1567, and amendments thereto, the court shall consider the
factors listed in K.S.A. 8-1567(j), and amendments thereto.
(d) Prior burglary adult convictions and juvenile adjudications will
be scored for criminal history purposes as follows:
(1) As a prior person felony if the prior conviction or adjudication
was classified as a burglary as defined in K.S.A. 21-3715(a), prior to its
repeal, or K.S.A. 21-5807(a)(1), and amendments thereto.
(2) As a prior nonperson felony if the prior conviction or
adjudication was classified as a burglary as defined in K.S.A. 21-
3715(b) or (c), prior to its repeal, or K.S.A. 21-5807(a)(2) or (a)(3), and
amendments thereto.
The facts required to classify prior burglary adult convictions and
juvenile adjudications shall be established by the state by a
preponderance of the evidence.
(e) (1) Out-of-state convictions and juvenile adjudications shall be
used in classifying the offender's criminal history.
(2) An out-of-state crime will be classified as either a felony or a
misdemeanor according to the convicting jurisdiction.
(A) If a crime is a felony in the convicting jurisdiction, it will be
counted as a felony in Kansas.
(B) If a crime is a misdemeanor in the convicting jurisdiction, the
state of Kansas shall refer to the comparable offense under the Kansas
criminal code in effect on the date the current crime of conviction was
committed to classify the out-of-state crime as a class A, B or C
misdemeanor. If the comparable offense in the state of Kansas is a
felony, the out-of-state crime shall be classified as a class A
misdemeanor. If the state of Kansas does not have a comparable
offense in effect on the date the current crime of conviction was
committed, the out-of-state crime shall not be used in classifying the
offender's criminal history.
(C) If a crime is not classified as either a felony or a misdemeanor
in the convicting jurisdiction, the state of Kansas shall refer to the
comparable offense under the Kansas criminal code in effect on the
date the current crime of conviction was committed to classify the out-
of-state crime as either a felony or a misdemeanor. If the state of
Kansas does not have a comparable offense in effect on the date the
current crime of conviction was committed, the out-of-state crime shall
not be used in classifying the offender's criminal history.
(3) The state of Kansas shall classify the crime as person or
nonperson.
(A) In designating a misdemeanor as person or nonperson,
comparable offenses under the Kansas criminal code in effect on the
date the current crime of conviction was committed shall be referred to.
If the state of Kansas does not have a comparable person offense in
effect on the date the current crime of conviction was committed, the
out-of-state crime shall be classified as a nonperson crime.
(B) In designating a felony crime as person or nonperson, the
felony crime shall be classified as follows:
(i) An out-of-state conviction or adjudication for the commission
of a felony offense, or an attempt, conspiracy or criminal solicitation to
commit a felony offense, shall be classified as a person felony if one or
more of the following circumstances is present as defined by the
convicting jurisdiction in the elements of the out-of-state offense:
(a) Death or killing of any human being;
(b) threatening or causing fear of bodily or physical harm or
violence, causing terror, physically intimidating or harassing any
person;
(c) bodily harm or injury, physical neglect or abuse, restraint,
confinement or touching of any person, without regard to degree;
(d) the presence of a person, other than the defendant, a charged
HOUSE BILL No. 2747—page 3
accomplice or another person with whom the defendant is engaged in
the sale, distribution or transfer of a controlled substance or non-
controlled substance;
(e) possessing, viewing, depicting, distributing, recording or
transmitting an image of any person;
(f) lewd fondling or touching, sexual intercourse or sodomy with
or by any person or an unlawful sexual act involving a child under the
age of consent;
(g) being armed with, using, displaying or brandishing a firearm
or other weapon, excluding crimes of mere unlawful possession; or
(h) entering or remaining within any residence, dwelling or
habitation.
(ii) An out-of-state conviction or adjudication for the commission
of a felony offense, or an attempt, conspiracy or criminal solicitation to
commit a felony offense, shall be classified as a person felony if the
elements of the out-of-state felony offense that resulted in the
conviction or adjudication necessarily prove that a person was present
during the commission of the offense. For purposes of this clause, the
person present must be someone other than the defendant, a charged
accomplice or another person with whom the defendant is engaged in
the sale, distribution or transfer of a controlled substance or non-
controlled substance. The presence of a person includes physical
presence and presence by electronic or telephonic communication.
(iii) An out-of-state conviction or adjudication for the commission
of a felony offense, or an attempt, conspiracy or criminal solicitation to
commit a felony offense, shall be classified as a nonperson felony if the
elements of the offense do not require proof of any of the
circumstances in subparagraph (B)(i) or (ii).
(4) Convictions or adjudications occurring within the federal
system, other state systems, the District of Columbia, foreign, tribal or
military courts are considered out-of-state convictions or adjudications.
(5) The facts required to classify out-of-state adult convictions and
juvenile adjudications shall be established by the state by a
preponderance of the evidence.
(f) Except as provided in K.S.A. 21-4710(d)(4), (d)(5) and (d)(6),
prior to its repeal, or K.S.A. 21-6810(d)(3)(B), (d)(3)(C), (d)(3)(D), (d)
(4) and (d)(5), and amendments thereto, juvenile adjudications will be
applied in the same manner as adult convictions. Out-of-state juvenile
adjudications will be treated as juvenile adjudications in Kansas.
(g) A prior felony conviction of an attempt, a conspiracy or a
solicitation as provided in K.S.A. 21-3301, 21-3302 or 21-3303, prior
to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and
amendments thereto, to commit a crime shall be treated as a person or
nonperson crime in accordance with the designation assigned to the
underlying crime.
(h) Drug crimes are designated as nonperson crimes for criminal
history scoring.
(i) If the current crime of conviction is for a violation of K.S.A. 8-
1602(b)(3) through (b)(5), and amendments thereto, each of the
following prior convictions for offenses committed on or after July 1,
2011, shall count as a person felony for criminal history purposes:
K.S.A. 8-235, 8-262, 8-287, 8-291, 8-1566, 8-1567, 8-1568, 8-1602, 8-
1605, 21-5405(a)(3) or (a)(5), 21-5406 and 40-3104, and amendments
thereto, and K.S.A. 21-5405(a)(3) or (a)(5) and 21-5406, and
amendments thereto, or a violation of a city ordinance or law of another
state which that would also constitute a violation of such sections. For
the purposes of this subsection, in determining whether a violation of a
city ordinance or law of another state would also constitute a violation
of K.S.A. 8-1567, and amendments thereto, the court shall consider the
factors listed in K.S.A. 8-1567(j), and amendments thereto.
(j) The amendments made to this section by chapter 5 of the 2015
Session Laws of Kansas are procedural in nature and shall be construed
and applied retroactively.
HOUSE BILL No. 2747—page 4
Sec. 2. K.S.A. 21-6811 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.