SB 193--
By Committee on Judiciary

AN ACT concerning crimes and punishment; relating to sentencing; proof of offender's criminal history; amending K.S.A. 21-4715 and re- pealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 21-4715 is hereby amended to read as follows: 21- 4715. (a) The offender's criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge. (b) Except to the extent disputed in accordance with subsection (c), the summary of the offender's criminal history prepared for the court by the state shall satisfy the state's burden of proof regarding an offender's criminal history. (c) Upon receipt of the criminal history worksheet prepared for the court, the offender shall immediately notify the district attorney and the court with written notice of any error in the proposed criminal history worksheet. The state shall have the burden of producing further evidence to satisfy its burden of proof regarding any disputed part, or parts, of the criminal history and the sentencing judge shall allow the state reasonable time to produce such evidence to establish the disputed portion of the criminal history by a preponderance of the evidence. Certification of such evidence is sufficient. If such evidence is certified, it need not meet the authentication requirements under K.S.A. 60-465 and amendments thereto. Sec. 2. K.S.A. 21-4715 is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.