SESSION OF 1998
SUPPLEMENTAL NOTE ON SENATE BILL NO. 435
As Amended by House Committee of the Whole
S.B. 435 amends a criminal procedure statute dealing with
imposition of consecutive sentences. The bill adds persons who
are released on bond to provisions of the current law which
provide that when a new felony is committed by a person who is
already incarcerated for a felony or who is on probation, parole,
in community corrections, postrelease supervision, or conditional
release, the new sentence shall be served consecutive to the
original sentence. Further, a judge is given the authority to
sentence the person to prison even if the sentence for the new
crime presumes a nonprison sentence and this new sentence shall
not be considered a departure from the sentencing guidelines law.
In addition, the bill amends a number of criminal statutes to
do the following:
- Alters the crime of contributing to a child's misconduct by
adding a runaway's parents or guardians to those individuals
to whom a failure to provide information about the runaway
can constitute the crime.
- Adds a new provision regarding bail bondspersons or bounty
hunters to prohibit forcible entry or the use of deadly force to
capture a defendant or fugitive not charged with a felony.
Any attempt to capture a defendant or fugitive must be
preceded by notice to the local police or sheriff's department.
A bonding company would have to maintain general liability
insurance for damage of $350,000 per occurrence. Immunity
will not be provided for actions when unreasonable force is
used and an arrest warrant must be issued for the surrender
on such a warrant.
- Aggravated robbery is amended to include instances when a
firearm is used and there is the infliction of great bodily harm
and the property taken was a vehicle. The crime is punishable as a severity level 1 person felony.
- Criminal discharge of a firearm at an unoccupied dwelling
would be raised to a level 1 person felony from the current
level 3 person felony.
- Criminal actions which could impose the "hard 40" sentence
would be expanded to include a conviction of murder in the
first degree or murder in the second degree as a result of the
criminal discharge of a firearm at an occupied building or
vehicle or aggravated robbery when the property taken is a
vehicle and which results in the death of a person.
The bill was supported by the Kansas County and District
Attorneys Association. A proponent said the bill would correct the
effect of State v. Arculeo, 261 Kan. 286 (1997), which held that
a conditional release (as defined in K.S.A. 21-4603d) does not
include release on bond, hence a prison sentence for a presumptive nonprison offense becomes a departure.
The bill has an indeterminable fiscal impact on the state.
The House Committee of the Whole inserted the criminal
1. *Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at