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Session of 2026
HOUSE BILL No. 2751
By Committee on Judiciary
Requested by Representative L. Williams
2-6
AN ACT concerning crimes, punishment and criminal procedure;
increasing the minimum bail requirements for certain crimes from
$50,000 to $100,000; requiring certain findings to reduce such
requirements; amending K.S.A. 21-5703, 21-5709, 21-5710, 21-6316
and 21-6329 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5703 is hereby amended to read as follows: 21-
5703. (a) It shall be unlawful for any person to manufacture any controlled
substance or controlled substance analog.
(b) Violation or attempted violation of subsection (a) is a:
(1) Drug severity level 2 felony, except as provided in subsections (b)
(2) and (b)(3);
(2) drug severity level 1 felony if:
(A) The controlled substance is not methamphetamine, as defined by
K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
thereof;
(B) the controlled substance is not a fentanyl-related controlled
substance; and
(C) the offender has a prior conviction for unlawful manufacturing of
a controlled substance under this section, K.S.A. 65-4159, prior to its
repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially
similar offense from another jurisdiction and the substance was not
methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof, in any such prior conviction;
and
(3) drug severity level 1 felony if the controlled substance is
methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof, or is a fentanyl-related
controlled substance.
(c) The provisions of K.S.A. 21-5301(d), and amendments thereto,
shall not apply to a violation of attempting to unlawfully manufacture any
controlled substance or controlled substance analog pursuant to this
section.
(d) For persons arrested and charged under this section, bail shall be
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at least $50,000 $100,000 cash or surety, and such person shall not be
released upon the person's own recognizance pursuant to K.S.A. 22-2802,
and amendments thereto , unless the court determines, on the record, that
the defendant is not likely to re-offend, the court imposes pretrial
supervision, or the defendant agrees to participate in a licensed or certified
drug treatment program. Such bond shall not be reduced or modified
downward unless the magistrate determines by a preponderance of the
evidence at an evidentiary hearing and makes a written finding on the
record that the person is not a public safety risk and not a flight risk. At
such evidentiary hearing, there shall be a presumption that the person is
both a public safety risk and a flight risk. If such bond is modified
downward, such bond shall be conditioned upon such person's placement
in a house arrest program pursuant to K.S.A. 21-6609, and amendments
thereto.
(e) The sentence of a person who violates this section shall not be
subject to statutory provisions for suspended sentence, community service
work or probation.
(f) The sentence of a person who violates this section, K.S.A. 65-
4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its
transfer, shall not be reduced because these sections prohibit conduct
identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their
repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 21-
5705, and amendments thereto.
Sec. 2. K.S.A. 21-5709 is hereby amended to read as follows: 21-
5709. (a) It shall be unlawful for any person to possess ephedrine,
pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine,
anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or
their salts, isomers or salts of isomers with an intent to use the product to
manufacture a controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to
use any drug paraphernalia to:
(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or
distribute a controlled substance; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise
introduce a controlled substance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to
use anhydrous ammonia or pressurized ammonia in a container not
approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or
otherwise acquire at retail any compound, mixture or preparation
containing more than 3.6 grams of pseudoephedrine base or ephedrine
base in any single transaction or any compound, mixture or preparation
containing more than nine grams of pseudoephedrine base or ephedrine
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base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b)(1) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)
(2)(B); and
(B) class B nonperson misdemeanor if the drug paraphernalia was
used to cultivate fewer than five marijuana plants;
(3) violation of subsection (b)(2) is a class B nonperson
misdemeanor;
(4) violation of subsection (c) is a drug severity level 5 felony; and
(5) violation of subsection (d) is a class A nonperson misdemeanor.
(f) For persons arrested and charged under subsection (a) or (c), bail
shall be at least $50,000 $100,000 cash or surety, and such person shall not
be released upon the person's own recognizance pursuant to K.S.A. 22-
2802, and amendments thereto , unless the court determines, on the record,
that the defendant is not likely to reoffend, the court imposes pretrial
supervision or the defendant agrees to participate in a licensed or certified
drug treatment program. Such bond shall not be reduced or modified
downward unless the magistrate determines by a preponderance of the
evidence at an evidentiary hearing and makes a written finding on the
record that the person is not a public safety risk and not a flight risk. At
such evidentiary hearing, there shall be a presumption that the person is
both a public safety risk and a flight risk. If such bond is modified
downward, such bond shall be conditioned upon such person's placement
in a house arrest program pursuant to K.S.A. 21-6609, and amendments
thereto.
Sec. 3. K.S.A. 21-5710 is hereby amended to read as follows: 21-
5710. (a) It shall be unlawful for any person to advertise, market, label,
distribute or possess with the intent to distribute:
(1) Any product containing ephedrine, pseudoephedrine, red
phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia,
pressurized ammonia or phenylpropanolamine or their salts, isomers or
salts of isomers if the person knows or reasonably should know that the
purchaser will use the product to manufacture a controlled substance or
controlled substance analog; or
(2) any product containing ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, isomers or salts of isomers for
indication of stimulation, mental alertness, weight loss, appetite control,
energy or other indications not approved pursuant to the pertinent federal
over-the-counter drug final monograph or tentative final monograph or
approved new drug application.
(b) It shall be unlawful for any person to distribute, possess with the
intent to distribute or manufacture with intent to distribute any drug
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paraphernalia, knowing or under circumstances where one reasonably
should know that it will be used to manufacture or distribute a controlled
substance or controlled substance analog in violation of K.S.A. 21-5701
through 21-5717, and amendments thereto.
(c) It shall be unlawful for any person to distribute, possess with
intent to distribute or manufacture with intent to distribute any drug
paraphernalia, knowing or under circumstances where one reasonably
should know, that it will be used as such in violation of K.S.A. 21-5701
through 21-5717, and amendments thereto, except subsection (b) of K.S.A.
21-5706, and amendments thereto.
(d) It shall be unlawful for any person to distribute, possess with
intent to distribute or manufacture with intent to distribute any drug
paraphernalia, knowing, or under circumstances where one reasonably
should know, that it will be used as such in violation of subsection (b) of
K.S.A. 21-5706, and amendments thereto.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)
(2)(B); and
(B) drug severity level 4 felony if the trier of fact makes a finding that
the offender distributed or caused drug paraphernalia to be distributed to a
minor or on or within 1,000 feet of any school property;
(3) violation of subsection (c) is a:
(A) Nondrug severity level 9, nonperson felony, except as provided in
subsection (e)(3)(B); and
(B) drug severity level 5 felony if the trier of fact makes a finding that
the offender distributed or caused drug paraphernalia to be distributed to a
minor or on or within 1,000 feet of any school property; and
(4) violation of subsection (d) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (e)(4)(B); and
(B) nondrug severity level 9, nonperson felony if the trier of fact
makes a finding that the offender distributed or caused drug paraphernalia
to be distributed to a minor or on or within 1,000 feet of any school
property.
(f) For persons arrested and charged under subsection (a), bail shall
be at least $50,000 $100,000 cash or surety, and such person shall not be
released upon the person's own recognizance pursuant to K.S.A. 22-2802,
and amendments thereto , unless the court determines, on the record, that
the defendant is not likely to re-offend, the court imposes pretrial
supervision or the defendant agrees to participate in a licensed or certified
drug treatment program. Such bond shall not be reduced or modified
downward unless the magistrate determines by a preponderance of the
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evidence at an evidentiary hearing and makes a written finding on the
record that the person is not a public safety risk and not a flight risk. At
such evidentiary hearing, there shall be a presumption that the person is
both a public safety risk and a flight risk. If such bond is modified
downward, such bond shall be conditioned upon such person's placement
in a house arrest program pursuant to K.S.A. 21-6609, and amendments
thereto.
(g) As used in this section, "or under circumstances where one
reasonably should know" that an item will be used in violation of this
section, shall include, but not be limited to, the following:
(1) Actual knowledge from prior experience or statements by
customers;
(2) inappropriate or impractical design for alleged legitimate use;
(3) receipt of packaging material, advertising information or other
manufacturer supplied information regarding the item's use as drug
paraphernalia; or
(4) receipt of a written warning from a law enforcement or
prosecutorial agency having jurisdiction that the item has been previously
determined to have been designed specifically for use as drug
paraphernalia.
Sec. 4. K.S.A. 21-6316 is hereby amended to read as follows: 21-
6316. When a criminal street gang member is arrested for a person felony,
bail shall be at least $50,000 $100,000 cash or surety, and such person
shall not be released upon the person's own recognizance pursuant to
K.S.A. 22-2802, and amendments thereto , unless the court determines on
the record that the defendant is not likely to reoffend, an appropriate
intensive pre-trial supervision program is available and the defendant
agrees to comply with the mandate of such pre-trial supervision . Such
bond shall not be reduced or modified downward unless the magistrate
determines by a preponderance of the evidence at an evidentiary hearing
and makes a written finding on the record that the person is not a public
safety risk and not a flight risk. At such evidentiary hearing, there shall be
a presumption that the person is both a public safety risk and a flight risk.
If such bond is modified downward, such bond shall be conditioned upon
such person's placement in a house arrest program pursuant to K.S.A. 21-
6609, and amendments thereto.
Sec. 5. K.S.A. 21-6329 is hereby amended to read as follows: 21-
6329. (a) Except as provided in subsection (b), it is unlawful for any
covered person:
(1) Who has recklessly received any proceeds derived, directly or
indirectly, from a pattern of racketeering activity or through the collection
of an unlawful debt to use or invest, whether directly or indirectly, any part
of such proceeds, or the proceeds derived from the investment or use
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thereof, in the acquisition of any title to, or any right, interest, or equity in,
real property or in the establishment or operation of any enterprise;
(2) through a pattern of racketeering activity or through the collection
of an unlawful debt, to recklessly acquire or maintain, directly or
indirectly, any interest in or control of any enterprise or real property; or
(3) employed by, or associated with, any enterprise to recklessly
conduct or participate, directly or indirectly, in such enterprise through a
pattern of racketeering activity or the collection of an unlawful debt.
(b) It is not unlawful for a covered person to violate subsection (a)
through the collection of an unlawful debt if such person was not a
participant in a violation described in subsection (i) of K.S.A. 21-6328,
and amendments thereto, which created such unlawful debt.
(c) Violation of this section or conspiracy to commit a violation of
this section is a severity level 2, person felony.
(d) The provisions of subsection (d) of K.S.A. 21-5302, and
amendments thereto, shall not apply to conspiracy to commit a violation of
this section.
(e) (1) Notwithstanding the provisions of K.S.A. 21-6611, and
amendments thereto, any person convicted of engaging in conduct in
violation of this section, through which the person derived pecuniary
value, or by which the person caused personal injury or property damage
or other loss, may be sentenced to pay a fine that does not exceed three
times the gross value gained or three times the gross loss caused,
whichever is the greater, plus court costs and the costs of investigation and
prosecution, reasonably incurred.
(2) The court shall hold a hearing to determine the amount of the fine
authorized by this subsection.
(3) For the purposes of this subsection, "pecuniary value" means:
(A) Anything of value in the form of money, a negotiable instrument,
or a commercial interest or anything else the primary significance of which
is economic advantage; and
(B) any other property or service that has a value in excess of $100.
(f) For persons arrested and charged under this section, bail shall be
at least $50,000 $100,000 cash or surety, and such person shall not be
released upon the person's own recognizance pursuant to K.S.A. 22-2802,
and amendments thereto, unless the court determines on the record that the
defendant is not likely to re-offend, an appropriate intensive pretrial
supervision program is available and the defendant agrees to comply with
the mandate of such pretrial supervision . Such bond shall not be reduced
or modified downward unless the magistrate determines by a
preponderance of the evidence at an evidentiary hearing and makes a
written finding on the record that the person is not a public safety risk and
not a flight risk. At such evidentiary hearing, there shall be a presumption
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that the person is both a public safety risk and a flight risk. If such bond is
modified downward, such bond shall be conditioned upon such person's
placement in a house arrest program pursuant to K.S.A. 21-6609, and
amendments thereto.
Sec. 6. K.S.A. 21-5703, 21-5709, 21-5710, 21-6316 and 21-6329 are
hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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