21-4713. Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions. - Kansas Statutes

21-4713

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

      21-4713.   Actions which prosecutors may take underagreements withdefendants for plea; exceptions relating to prior convictions.The prosecutor and the attorney for the defendant, or thedefendant when acting pro se, may engage in discussions with a view towardreaching an agreement that, upon the entering of a plea to a charged offense orto a lesser or related offense, the prosecutor may do any of the following:

      (a)   Move for dismissal of other charges or counts;

      (b)   recommend a particular sentence within the sentencing range applicableto the offense or to the offense to which the offender pled guilty;

      (c)   recommend a particular sentence outside of the sentencing range onlywhen departure factors exist and shall be stated on the record;

      (d)   agree to file a particular charge or count;

      (e)   agree not to file charges or counts; or

      (f)   make any other promise to the defendant, except that the prosecutorshall not enter into any agreementto decline to use a prior drug conviction of the defendant to elevate orenhance the severity level of a drug crime as provided inK.S.A. 2009 Supp. 21-36a03, 21-36a05 or 21-36a06, andamendments thereto, ormake any agreement to excludeany priorconviction from the criminal history of the defendant.

      History:   L. 1992, ch. 239, § 13;L. 1994, ch. 291, § 56; L. 1994, ch. 338, § 11;L. 2009, ch. 32, § 36; July 1.