21-4606a. Presumptive sentence of probation for certain class D or E felons; crimes committed prior to July 1, 1993. - Kansas Statutes

21-4606a

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 46.--SENTENCING

      21-4606a.   Presumptive sentence of probation for certain class D or Efelons; crimes committed prior to July 1, 1993.The presumptive sentence for a person who has never before been convictedof a felony, but has now been convicted of a class D or E felony orconvicted of an attempt to commit a class D felony shall beprobation, unless the conviction is of acrime or of an attempt to commit a crime specified in article 34, 35 or36 of chapter 21 of Kansas StatutesAnnotated or in the uniformcontrolled substances act or the person convicted is a juvenile offender inthe custody of the department of social and rehabilitation services. Indetermining whether toimpose the presumptive sentence, thecourt shall consider any prior record of the person's having been convictedor having been adjudicated to have committed, while a juvenile, an offensewhich would constitute a felony if committed by an adult.If the presumptive sentence provided by this section is not imposed, theprovisions of K.S.A. 21-4606b and amendmentsthereto shall apply. The provisions ofthis section shall not apply to crimes committed on or after July 1, 1993.

      History:   L. 1984, ch. 119, § 1;L. 1986, ch. 123, § 7;L. 1989, ch. 92, § 3;L. 1990, ch. 100, § 5;L. 1992, ch. 239, § 241; July 1, 1993.