HOUSE BILL No. 2440
An Act concerning crimes, criminal procedure and punishment;
relating to sentencing;
amending K.S.A. 21-4636 and repealing the existing
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
(a) The defendant was previously
convicted of a felony in which the
defendant inflicted great bodily harm, disfigurement, dismemberment
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
(d) The defendant authorized or employed
another person to commit
(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
fate or had conscious pain and suffering as a result of the
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,
or cruel. In making a determination that the crime was committed
especially heinous, atrocious or cruel manner, any of the
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
(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;
(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
ness in a criminal proceeding.
Sec. 2. K.S.A. 21-4636 is hereby
Sec. 3. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved May 10, 1999.