21-4708. Same; crime severity scale for drug offenses, application; sentencing rules for certain crimes; plea bargain agreements. - Kansas Statutes

21-4708

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 47.--SENTENCING GUIDELINES

      21-4708.   Same; crime severity scale for drugoffenses, application;sentencing rules for certain crimes; plea bargain agreements.(a) The crime severity scale contained in the sentencing guidelines grid fordrug offenses as provided in K.S.A. 21-4705 and amendments theretoconsists of 4 levels of crimes. Crimes listed within each level are consideredto be relativelyequal in severity. Level 1 crimes are the most severe crimes and level 4 crimesare the least severe crimes.

      (b)   The provisions of this section shall also beapplicable to the presumptive sentences for anticipatory crimescommitted on or after July 1, 1993, contained in the sentencing guidelines gridfor drug crimes as provided in K.S.A. 21-4705 and amendmentsthereto:

      (1)   The sentencing rule for a conviction of an attempt to commit a drugoffense shall be as provided in K.S.A. 21-3301 and amendments thereto. Thesentencing rule for a conviction of aconspiracy to commit a drug offense shall be as provided in K.S.A. 21-3302and amendments thereto. Thesentencing rule for conviction of a solicitation to commit a drug offense shallbe as provided in K.S.A. 21-3303 and amendments thereto.

      (2)   No plea bargaining agreement may be entered intowhereby theprosecutor agrees to decline to use a prior drug conviction of the defendant toelevate or enhance the severity level of a drug crime as provided inK.S.A. 2009 Supp. 21-36a03, 21-36a05 or 21-36a06, andamendmentsthereto, or agrees to exclude anypriorconviction from the defendant's criminal history.

      History:   L. 1992, ch. 239, § 8;L. 1993, ch. 291, § 258;L. 1994, ch. 291, § 53; L. 1994, ch. 338, § 10;L. 2009, ch. 32, § 35; July 1.