HB 2187--
By Committee on Judiciary

AN ACT concerning crimes and punishment; relating to lesser included crimes; amending K.S.A. 21-3107 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 21-3107 is hereby amended to read as follows: 21- 3107. (1) When the same conduct of a defendant may establish the com- mission of more than one crime under the laws of this state, the defendant may be prosecuted for each of such crimes. Each of such crimes may be alleged as a separate count in a single complaint, information or indict- ment. (2) Upon prosecution for a crime, the defendant may be convicted of either the crime charged or an included crime, but not both. An in- cluded crime may be any of the following: (a) A lesser degree of the same crime; (b) an attempt to commit the crime charged; (c) an attempt to commit a lesser degree of the crime charged; or (d) a crime necessarily proved if the crime charged were proved. (3) In cases where the crime charged may include some lesser crime, it is the duty of the trial court to instruct the jury, not only as to the crime charged but as to all lesser crimes of which the accused might be found guilty under the information, complaint or indictment and upon the ev- idence adduced. If the defendant objects to the giving of the instructions, or fails to request the lesser crime instructions, the defendant shall be considered to have waived objection to any error in the failure to give them, and the failure shall not be a basis for reversal of the case on appeal. (4) Whenever charges are filed against a person, accusing the person of a crime which includes another crime of which the person has been convicted, the conviction of the included crime shall not bar prosecution or conviction of the crime charged if the crime charged was not consum- mated at the time of conviction of the included crime, but the conviction of the included crime shall be annulled upon the filing of such charges. Evidence of the person's plea or any admission or statement made by the person in connection therewith in any of the proceedings which resulted in the person's conviction of the included crime shall not be admissible at the trial of the crime charged. If the person is convicted of the crime charged, or of an included crime, the person so convicted shall receive credit against any prison sentence imposed or fine to be paid for the period of confinement actually served or the amount of any fine actually paid under the sentence imposed for the annulled conviction. Sec. 2. K.S.A. 21-3107 is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.