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Session of 2026
SENATE BILL No. 307
By Senator Owens
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AN ACT concerning crimes, punishment and criminal procedure;
requiring veterans with a condition from military service to be offered
diversion for certain offenses; expanding the mitigating factor for
departure at sentencing for veterans; amending K.S.A. 21-6815 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) There is hereby established the veteran diversion
program. A county or district attorney shall propose a diversion agreement
to a defendant who:
(1) Is a veteran;
(2) has one or more indicators of mental or physical symptoms of a
condition from military service that could have contributed to the offense,
including the psychological effects from the veteran's time in service or the
period of family separation related to deployment and any previously or
provisionally diagnosed substance use, mental health disorder or
neurocognitive disorder; and
(3) is alleged to have committed a misdemeanor or a felony offense
that is a severity level 7, 8, 9 or 10 felony.
(b) Law enforcement and the county or district attorney shall verify
the veteran status of all individuals who are being charged with
committing an offense described in subsection (a)(3) to identify
individuals who may be eligible for participation in the program.
(c) (1) A veteran who is offered a diversion agreement pursuant to
subsection (a) shall be required to participate in evidence-based treatment
that is tailored to address the specific challenges facing veterans and has
been approved by the county or district attorney. Such veteran shall
comply with a case plan that:
(A) Is developed by the county or district attorney with input from
the veteran;
(B) is based on a professional evidence-based clinical and
criminogenic assessment of the veteran's specific risks and needs;
(C) contains clear and individualized supervision and treatment goals,
including guidelines that detail the conditions of supervision,
consequences for violating such conditions and incentives for compliance;
(D) sets the terms of successful completion of the program and
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release from supervision; and
(E) is clearly communicated to the veteran.
(2) A county or district attorney shall enter into a memorandum of
understanding with the chief judge of a judicial district or community
correctional services pursuant to K.S.A. 22-2907(d), and amendments
thereto, to assist with supervision and monitoring of defendants who have
entered into a diversion agreement pursuant to this section.
(d) Unless otherwise provided, the provisions of K.S.A. 22-2907
through 22-2911, and amendments thereto, apply to such diversion
agreements.
(e) The attorney general shall provide training to law enforcement
and county and district attorneys designed to increase understanding of
cases involving veterans, including exposure to violence and trauma. Such
training shall include training on issues that disproportionately impact
females veterans, including military sexual trauma.
(f) (1) On July 1, 2027, and each July 1 thereafter, each county and
district attorney shall report to the attorney general the following
information related to diversion agreements pursuant to this section during
the previous year:
(A) The number of such agreements entered into, the sex, race and
date of birth of each veteran who entered such agreement and the offense
alleged to have been committed by each veteran;
(B) whether each agreement entered into resulted in successful
completion of the case plan;
(C) the number of veterans who were denied such agreements and the
reason for each denial; and
(D) the number of veterans who were proposed such agreements and
declined to enter into such agreements.
(2) The attorney general shall report the data received pursuant to
paragraph (1) and any other findings and recommendations to the
legislature on or before January 1 of each year.
(g) As used in this section:
(1) "Case plan" means a set of goals, conditions and programs that is
based on a professional risk and needs assessment that is tailored to the
specific risks and needs of the veteran and is developed in collaboration
with the veteran;
(2) "condition from military service" means a health condition that is
related to an individual's military service in some manner, including, but
not limited to, substance use disorder, military sexual trauma, traumatic
brain injury and post-traumatic stress disorder; and
(3) "veteran" means a person who swore an oath and entered any
branch of the armed forces, including the national guard or reserve, and:
(A) Is currently serving in such branch and has not been discharged;
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or
(B) was discharged or released from such service under any
characterization except for those receiving dishonorable discharge unless
such person who was dishonorably discharged has been diagnosed with
substance use disorder, military sexual trauma, traumatic brain injury,
post-traumatic stress disorder or other mental heath condition.
Sec. 2. K.S.A. 21-6815 is hereby amended to read as follows: 21-
6815. (a) Except as provided in subsection (b), the sentencing judge shall
impose the presumptive sentence provided by the sentencing guidelines
unless the judge finds substantial and compelling reasons to impose a
departure sentence. If the sentencing judge departs from the presumptive
sentence, the judge shall state on the record at the time of sentencing the
substantial and compelling reasons for the departure.
(b) Subject to the provisions of K.S.A. 21-6817(b), and amendments
thereto, any fact that would increase the penalty for a crime beyond the
statutory maximum, other than a prior conviction, shall be submitted to a
jury and proved beyond a reasonable doubt.
(c) (1) Subject to the provisions of subsections (c)(3) and (e), the
following nonexclusive list of mitigating factors may be considered in
determining whether substantial and compelling reasons for a departure
exist:
(A) The victim was an aggressor or participant in the criminal
conduct associated with the crime of conviction, except that this factor
shall not apply to a sexually violent crime as defined in K.S.A. 22-3717,
and amendments thereto, or electronic solicitation as defined in K.S.A. 21-
5509, and amendments thereto, when:
(i) The victim is less than 14 years of age and the offender is 18 or
more years of age; or
(ii) the offender hires any person by giving, or offering to or agreeing
to give, anything of value to the person to engage in an unlawful sex act.
(B) The offender played a minor or passive role in the crime or
participated under circumstances of duress or compulsion. This factor may
be considered when it is not sufficient as a complete defense.
(C) The offender, because of physical or mental impairment, lacked
substantial capacity for judgment when the offense was committed. The
voluntary use of intoxicants, drugs or alcohol does not fall within the
purview of this factor.
(D) The defendant, or the defendant's children, suffered a continuing
pattern of physical or sexual abuse by the victim of the offense and the
offense is a response to that abuse.
(E) The degree of harm or loss attributed to the current crime of
conviction was significantly less than typical for such an offense.
(F) The offender committed such crime as a result of an injury,
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including major depressive disorder, polytrauma, post-traumatic stress
disorder or traumatic brain injury, connected to service in a combat zone,
as defined in section 112 of the federal internal revenue code of 1986, in
the armed forces of the United States of America. As used in this
subsection, "major depressive disorder," "polytrauma," "post-traumatic
stress disorder" and "traumatic brain injury" shall mean the same as such
terms are defined in K.S.A. 21-6630, and amendments thereto is a veteran
as defined in section 1, and amendments thereto. The court may take into
consideration individual merit earned during service, overseas
deployment, exposure to danger and service-connected disability ratings.
The court shall not require a finding that there is a connection between the
offense and any condition from military service.
(2) (A) Subject to the provisions of subsection (c)(3), the following
nonexclusive list of aggravating factors may be considered in determining
whether substantial and compelling reasons for departure exist:
(A)(i) The victim was particularly vulnerable due to age, infirmity, or
reduced physical or mental capacity which was known or should have
been known to the offender.
(B)(ii) The defendant's conduct during the commission of the current
offense manifested excessive brutality to the victim in a manner not
normally present in that offense.
(C)(iii) The offense was motivated entirely or in part by the race,
color, religion, ethnicity, national origin or sexual orientation of the victim
or the offense was motivated by the defendant's belief or perception,
entirely or in part, of the race, color, religion, ethnicity, national origin or
sexual orientation of the victim whether or not the defendant's belief or
perception was correct.
(D)(iv) The offense involved a fiduciary relationship which existed
between the defendant and the victim.
(E)(v) (a) The defendant, 18 or more years of age, employed, hired,
used, persuaded, induced, enticed or coerced any individual under 16 years
of age to:
(i)(1) Commit any person felony;
(ii)(2) assist in avoiding detection or apprehension for commission of
any person felony; or
(iii)(3) attempt, conspire or solicit, as defined in K.S.A. 21-5301, 21-
5302 and 21-5303, and amendments thereto, to commit any person felony.
(b) That the defendant did not know the age of the individual under
16 years of age shall not be a consideration.
(F)(vi) The defendant's current crime of conviction is a crime of
extreme sexual violence and the defendant is a predatory sex offender. As
used in this subsection:
(i)(a) "Crime of extreme sexual violence" is a felony limited to the
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following:
(a)(1) A crime involving a nonconsensual act of sexual intercourse or
sodomy with any person;
(b)(2) a crime involving an act of sexual intercourse, sodomy or lewd
fondling and touching with any child who is 14 or more years of age but
less than 16 years of age and with whom a relationship has been
established or promoted for the primary purpose of victimization;
(c)(3) a crime involving an act of sexual intercourse, sodomy or lewd
fondling and touching with any child who is less than 14 years of age;
(d)(4) aggravated human trafficking, as defined in K.S.A. 21-5426(b),
and amendments thereto, if the victim is less than 14 years of age; or
(e)(5) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto, if the victim is less than 14 years of
age.
(ii)(b) "Predatory sex offender" is means an offender who has been
convicted of a crime of extreme sexual violence as the current crime of
conviction and who:
(a)(1) Has one or more prior convictions of any crimes of extreme
sexual violence. Any prior conviction used to establish the defendant as a
predatory sex offender pursuant to this subsection shall also be counted in
determining the criminal history category; or
(b)(2) suffers from a mental condition or personality disorder which
makes the offender likely to engage in additional acts constituting crimes
of extreme sexual violence.
(iii)(c) "Mental condition or personality disorder" means an
emotional, mental or physical illness, disease, abnormality, disorder,
pathology or condition which motivates the person, affects the
predisposition or desires of the person, or interferes with the capacity of
the person to control impulses to commit crimes of extreme sexual
violence.
(G)(vii) The defendant was incarcerated during the commission of the
offense.
(H)(viii) The crime involved two or more participants in the criminal
conduct, and the defendant played a major role in the crime as the
organizer, leader, recruiter, manager or supervisor.
(B) In determining whether aggravating factors exist as provided in
this section, the court shall review the victim impact statement.
(C) Status as a veteran as defined in section 1, and amendments
thereto, shall not be considered an aggravating factor.
(3) If a factual aspect of a crime is a statutory element of the crime or
is used to subclassify the crime on the crime severity scale, that aspect of
the current crime of conviction may be used as an aggravating or
mitigating factor only if the criminal conduct constituting that aspect of the
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current crime of conviction is significantly different from the usual
criminal conduct captured by the aspect of the crime.
(d) In determining aggravating or mitigating circumstances, the court
shall consider:
(1) Any evidence received during the proceeding;
(2) the presentence report;
(3) written briefs and oral arguments of either the state or counsel for
the defendant; and
(4) any other evidence relevant to such aggravating or mitigating
circumstances that the court finds trustworthy and reliable.
(e) Upon motion of the prosecutor stating that the defendant has
provided substantial assistance in the investigation or prosecution of
another person who is alleged to have committed an offense, the court may
consider such mitigation in determining whether substantial and
compelling reasons for a departure exist. In considering this mitigating
factor, the court may consider the following:
(1) The court's evaluation of the significance and usefulness of the
defendant's assistance, taking into consideration the prosecutor's
evaluation of the assistance rendered;
(2) the truthfulness, completeness and reliability of any information
or testimony provided by the defendant;
(3) the nature and extent of the defendant's assistance;
(4) any injury suffered, or any danger or risk of injury to the
defendant or the defendant's family resulting from such assistance; and
(5) the timeliness of the defendant's assistance.
Sec. 3. K.S.A. 21-6815 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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