Kansas SB 239: Creating a special sentencing rule to add 100 months to a sentence for distribution of a controlled substance when the substance involved is fentanyl and the distribution causes the death of a child.

Bill Text

Session of 2025
SENATE BILL No. 239
By Committee on Judiciary
2-6
AN ACT concerning crimes, punishment and criminal procedure; relating
to sentencing; creating a special sentencing rule to add 100 months to a
sentence for distribution of a controlled substance when the substance
involved is fentanyl and such distribution causes the death of a child;
amending K.S.A. 2024 Supp. 21-6804 and 21-6805 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 21-6804 is hereby amended to read as
follows: 21-6804. (a) The provisions of this section shall be applicable to
the sentencing guidelines grid for nondrug crimes. The following
sentencing guidelines grid shall be applicable to nondrug felony crimes:
1
2
3
4
5
6
7
8
9
10
11
12

SB 239 2
1

SB 239 3
(b) Sentences expressed in the sentencing guidelines grid for nondrug
crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime
severity and criminal history classification tool. The grid's vertical axis is
the crime severity scale which classifies current crimes of conviction. The
grid's horizontal axis is the criminal history scale which classifies criminal
histories.
(d) The sentencing guidelines grid for nondrug crimes as provided in
this section defines presumptive punishments for felony convictions,
subject to the sentencing court's discretion to enter a departure sentence.
The appropriate punishment for a felony conviction should depend on the
severity of the crime of conviction when compared to all other crimes and
the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. In the usual case it is recommended that the
sentencing judge select the center of the range and reserve the upper and
lower limits for aggravating and mitigating factors insufficient to warrant a
departure.
(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of good
time; and
(C) period of postrelease supervision at the sentencing hearing.
Failure to pronounce the period of postrelease supervision shall not negate
the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall
pronounce the:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such
offender in that grid block. If an offense is classified in a grid block below
the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the
dispositional line, the presumptive disposition shall be imprisonment. If an
offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose
an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its repeal,
aggravated battery against a law enforcement officer committed prior to
July 1, 2006, or a violation of K.S.A. 21-5412(d), and amendments
thereto, aggravated assault against a law enforcement officer, which places
the defendant's sentence in grid block 6-H or 6-I shall be presumed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

SB 239 4
imprisonment. The court may impose an optional nonprison sentence as
provided in subsection (q).
(h) When a firearm is used to commit any person felony, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(i) (1) The sentence for the violation of the felony provision of K.S.A.
21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and
amendments thereto, shall be as provided by the specific mandatory
sentencing requirements of that section and shall not be subject to the
provisions of this section or K.S.A. 21-6807, and amendments thereto.
(2) If because of the offender's criminal history classification the
offender is subject to presumptive imprisonment or if the judge departs
from a presumptive probation sentence and the offender is subject to
imprisonment, the provisions of this section and K.S.A. 21-6807, and
amendments thereto, shall apply and the offender shall not be subject to
the mandatory sentence as provided in K.S.A. 21-5823, and amendments
thereto.
(3) Notwithstanding the provisions of any other section, the term of
imprisonment imposed for the violation of the felony provision of K.S.A.
21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and
amendments thereto, shall not be served in a state facility in the custody of
the secretary of corrections. Prior to imposing any sentence purs