Kansas SB 188: Requiring a secured release for release prior to trial when a person is charged with certain offenses and creating a mechanism for unsecured judicial release.

Bill Text

Session of 2025
SENATE BILL No. 188
By Committee on Judiciary
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AN ACT concerning criminal procedure; relating to release prior to trial;
requiring a secured release when a person is charged with certain
offenses; replacing release on recognizance programs with unsecured
judicial release programs; amending K.S.A. 21-5703, 21-5709, 21-
5710, 21-5910, 21-5915, 21-6316, 21-6329, 22-2802, 22-2803, 22-
2814, 22-2815, 22-2816 and 22-2817 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5703 is hereby amended to read as follows: 21-
5703. (a) It shall be unlawful for any person to manufacture any controlled
substance or controlled substance analog.
(b) Violation or attempted violation of subsection (a) is a:
(1) Drug severity level 2 felony, except as provided in subsections (b)
(2) and (b)(3);
(2) drug severity level 1 felony if:
(A) The controlled substance is not methamphetamine, as defined by
K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
thereof;
(B) the controlled substance is not a fentanyl-related controlled
substance; and
(C) the offender has a prior conviction for unlawful manufacturing of
a controlled substance under this section, K.S.A. 65-4159, prior to its
repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially
similar offense from another jurisdiction and the substance was not
methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof, in any such prior conviction;
and
(3) drug severity level 1 felony if the controlled substance is
methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof, or is a fentanyl-related
controlled substance.
(c) The provisions of K.S.A. 21-5301(d), and amendments thereto,
shall not apply to a violation of attempting to unlawfully manufacture any
controlled substance or controlled substance analog pursuant to this
section.
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(d) For persons arrested and charged under this section, bail shall be
at least $50,000 cash or surety, and such person shall not be released upon
the person's own recognizance on unsecured judicial release pursuant to
K.S.A. 22-2802, and amendments thereto, unless the court determines, on
the record, that the defendant is not likely to re-offend, the court imposes
pretrial supervision, or the defendant agrees to participate in a licensed or
certified drug treatment program.
(e) The sentence of a person who violates this section shall not be
subject to statutory provisions for suspended sentence, community service
work or probation.
(f) The sentence of a person who violates this section, K.S.A. 65-
4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its
transfer, shall not be reduced because these sections prohibit conduct
identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their
repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 21-
5705, and amendments thereto.
Sec. 2. K.S.A. 21-5709 is hereby amended to read as follows: 21-
5709. (a) It shall be unlawful for any person to possess ephedrine,
pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine,
anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or
their salts, isomers or salts of isomers with an intent to use the product to
manufacture a controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to
use any drug paraphernalia to:
(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or
distribute a controlled substance; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise
introduce a controlled substance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to
use anhydrous ammonia or pressurized ammonia in a container not
approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or
otherwise acquire at retail any compound, mixture or preparation
containing more than 3.6 grams of pseudoephedrine base or ephedrine
base in any single transaction or any compound, mixture or preparation
containing more than nine grams of pseudoephedrine base or ephedrine
base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b)(1) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)
(2)(B); and
(B) class B nonperson misdemeanor if the drug paraphernalia was
used to cultivate fewer than five marijuana plants;
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(3) violation of subsection (b)(2) is a class B nonperson
misdemeanor;
(4) violation of subsection (c) is a drug severity level 5 felony