Session of 1999


An  Act concerning crimes, criminal procedure and punishment; relating to sentencing;

amending K.S.A. 21-4636 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 21-4636 is hereby amended to read as follows: 21-
4636. Aggravating circumstances shall be limited to the following:

      (a) The defendant was previously convicted of a felony in which the
defendant inflicted great bodily harm, disfigurement, dismemberment or
death on another.

      (b) The defendant knowingly or purposely killed or created a great
risk of death to more than one person.

      (c) The defendant committed the crime for the defendant's self or
another for the purpose of receiving money or any other thing of mon-
etary value.

      (d) The defendant authorized or employed another person to commit
the crime.

      (e) The defendant committed the crime in order to avoid or prevent
a lawful arrest or prosecution.

      (f) The defendant committed the crime in an especially heinous, atro-
cious or cruel manner. A finding that the victim was aware of such victim's
fate or had conscious pain and suffering as a result of the physical trauma
that resulted in the victim's death is not necessary to find that the manner
in which the defendant killed the victim was especially heinous, atrocious
or cruel. In making a determination that the crime was committed in an
especially heinous, atrocious or cruel manner, any of the following con-
duct by the defendant may be considered sufficient:

      (1) Prior stalking of or criminal threats to the victim;

      (2) preparation or planning, indicating an intention that the killing
was meant to be especially heinous, atrocious or cruel;

      (3) infliction of mental anguish or physical abuse before the victim's

      (4) torture of the victim;

      (5) continuous acts of violence begun before or continuing after the

      (6) desecration of the victim's body in a manner indicating a partic-
ular depravity of mind, either during or following the killing; or

      (7) any other conduct in the opinion of the court that is especially
heinous, atrocious or cruel.

      (g) The defendant committed the crime while serving a sentence of
imprisonment on conviction of a felony.

      (h) The victim was killed while engaging in, or because of the victim's
performance or prospective performance of, the victim's duties as a wit-
ness in a criminal proceeding.

      Sec.  2. K.S.A. 21-4636 is hereby repealed.

      Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body


HOUSE adopted
Conference Committee Report ______________________________

Speaker of the House
Chief Clerk of the House

Passed the SENATE
     as amended ______________________________
SENATE adopted
Conference Committee Report ______________________________

President of the Senate
Secretary of the Senate

APPROVED ______________________________