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:


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 statute changes.

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