Session of 1999
HOUSE BILL No. 2356
By Representative Edmonds
2-9
9 AN ACT concerning crimes, criminal procedure and punishment; relat-
10 ing to an offender's criminal history classification; amending K.S.A.
11 1998 Supp. 21-4711 and repealing the existing section.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 21-4711 is hereby amended to read as
15 follows: 21-4711. In addition to the provisions of K.S.A. 21-4710 and
16 amendments thereto, the following shall apply in determining an of-
17 fender's criminal history classification as contained in the presumptive
18 sentencing guidelines grid for nondrug crimes and the presumptive sen-
19 tencing guidelines grid for drug crimes:
20 (a) Every four prior adult convictions of a nonperson felony in the
21 offender's criminal history, shall be rated as one adult conviction of a
22 person felony for criminal history purposes. Every three prior adult con-
23 victions or juvenile adjudications of class A and class B person misde-
24 meanors in the offender's criminal history, or any combination thereof,
25 shall be rated as one adult conviction or one juvenile adjudication of a
26 person felony for criminal history purposes. Every three prior adult con-
27 victions or juvenile adjudications of assault as defined in K.S.A. 21-3408
28 and amendments thereto occurring within a period of three years shall
29 be rated as one adult conviction or one juvenile adjudication of a person
30 felony for criminal history purposes.
31 (b) A conviction of subsection (a)(1) of K.S.A. 21-4204 and amend-
32 ments thereto, criminal possession of firearms by a person who is both
33 addicted to and an unlawful user of a controlled substance, subsection
34 (a)(4) of K.S.A. 21-4204 and amendments thereto, possession of a firearm
35 on school grounds or K.S.A. 21-4218 and amendments thereto, possession
36 of a firearm on the grounds or in the state capitol building, will be scored
37 as a select class B nonperson misdemeanor conviction or adjudication and
38 shall not be scored as a person misdemeanor for criminal history
39 purposes.
40 (c) (1) If the current crime of conviction was committed before July
41 1, 1996, and is for subsection (b) of K.S.A. 21-3404, involuntary man-
42 slaughter in the commission of K.S.A. 8-1567 and amendments thereto
43 driving under the influence, then, each prior adult conviction or juvenile
44 adjudication for K.S.A. 8-1567 and amendments thereto shall count as
45 one person felony for criminal history purposes.
46 (2) If the current crime of conviction was committed on or after July
47 1, 1996, and is for involuntary manslaughter while driving under the in-
48 fluence of alcohol and drugs, each prior adult conviction, diversion in lieu
49 of criminal prosecution or juvenile adjudication for an act described in
50 K.S.A. 8-1567 and amendments thereto shall count as one person felony
51 for criminal history purposes.
52 (d) Prior burglary adult convictions and juvenile adjudications will be
53 scored for criminal history purposes as follows:
54 (1) As a prior person felony if the prior conviction or adjudication
55 was classified as a burglary as described in subsection (a) of K.S.A. 21-
56 3715 and amendments thereto.
57 (2) As a prior nonperson felony if the prior conviction or adjudication
58 was classified as a burglary as described in subsection (b) or (c) of K.S.A.
59 21-3715 and amendments thereto.
60 The facts required to classify prior burglary adult convictions and ju-
61 venile adjudications must be established by the state by a preponderance
62 of the evidence.
63 (e) Out-of-state convictions and juvenile adjudications will be used in
64 classifying the offender's criminal history. An out-of-state crime will be
65 classified as either a felony or a misdemeanor according to the convicting
66 jurisdiction. If a crime is a felony in another state, it will be counted as a
67 felony in Kansas. The state of Kansas shall classify the crime as person or
68 nonperson. In designating a crime as person or nonperson comparable
69 offenses shall be referred to. If the state of Kansas does not have a com-
70 parable offense, the out-of-state conviction shall be classified as a non-
71 person crime. Convictions or adjudications occurring within the federal
72 system, other state systems, the District of Columbia, foreign, tribal or
73 military courts are considered out-of-state convictions or adjudications.
74 The facts required to classify out-of-state adult convictions and juvenile
75 adjudications must be established by the state by a preponderance of the
76 evidence.
77 (f) Except as provided in subsections (4), (5) and (6) of K.S.A. 21-
78 4705 21-4710 and amendments thereto, juvenile adjudications will be
79 applied in the same manner as adult convictions. Out-of-state juvenile
80 adjudications will be treated as juvenile adjudications in Kansas.
81 (g) A prior felony conviction of an attempt, a conspiracy or a solici-
82 tation as provided in K.S.A. 21-3301, 21-3302 or 21-3303 and amend-
83 ments thereto, to commit a crime shall be treated as a person or non-
84 person crime in accordance with the designation assigned to the
85 underlying crime.
86 (h) Drug crimes are designated as nonperson crimes for criminal his-
87 tory scoring purposes.
88 Sec. 2. K.S.A. 1998 Supp. 21-4711 is hereby repealed.
89 Sec. 3. This act shall take effect and be in force from and after its
90 publication in the statute book.