Session of 1999
SENATE BILL No. 223
By Committee on Judiciary
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.
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 two 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
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
SB 223 2
1 adjudication for K.S.A. 8-1567 and amendments thereto shall count as
2 one person felony for criminal history purposes.
3 (2) If the current crime of conviction was committed on or after July
4 1, 1996, and is for involuntary manslaughter while driving under the in-
5 fluence of alcohol and drugs, each prior adult conviction, diversion in lieu
6 of criminal prosecution or juvenile adjudication for an act described in
7 K.S.A. 8-1567 and amendments thereto shall count as one person felony
8 for criminal history purposes.
9 (d) Prior burglary adult convictions and juvenile adjudications will be
10 scored for criminal history purposes as follows:
11 (1) As a prior person felony if the prior conviction or adjudication
12 was classified as a burglary as described in subsection (a) of K.S.A. 21-
13 3715 and amendments thereto.
14 (2) As a prior nonperson felony if the prior conviction or adjudication
15 was classified as a burglary as described in subsection (b) or (c) of K.S.A.
16 21-3715 and amendments thereto.
17 The facts required to classify prior burglary adult convictions and ju-
18 venile adjudications must be established by the state by a preponderance
19 of the evidence.
20 (e) Out-of-state convictions and juvenile adjudications will be used in
21 classifying the offender's criminal history. An out-of-state crime will be
22 classified as either a felony or a misdemeanor according to the convicting
23 jurisdiction. If a crime is a felony in another state, it will be counted as a
24 felony in Kansas. The state of Kansas shall classify the crime as person or
25 nonperson. In designating a crime as person or nonperson comparable
26 offenses shall be referred to. If the state of Kansas does not have a com-
27 parable offense, the out-of-state conviction shall be classified as a non-
28 person crime. Convictions or adjudications occurring within the federal
29 system, other state systems, the District of Columbia, foreign, tribal or
30 military courts are considered out-of-state convictions or adjudications.
31 The facts required to classify out-of-state adult convictions and juvenile
32 adjudications must be established by the state by a preponderance of the
34 (f) Except as provided in subsections (4), (5) and (6) of K.S.A.
4705 21-4710 and amendments thereto, juvenile adjudications will be
36 applied in the same manner as adult convictions. Out-of-state juvenile
37 adjudications will be treated as juvenile adjudications in Kansas.
38 (g) A prior felony conviction of an attempt, a conspiracy or a solici-
39 tation as provided in K.S.A. 21-3301, 21-3302 or 21-3303 and amend-
40 ments thereto, to commit a crime shall be treated as a person or non-
41 person crime in accordance with the designation assigned to the
42 underlying crime.
43 (h) Drug crimes are designated as nonperson crimes for criminal his-
SB 223 3
2 Sec. 2. K.S.A. 1998 Supp. 21-4711 is hereby repealed.
3 Sec. 3. This act shall take effect and be in force from and after its
4 publication in the statute book.