HB 2444 — Providing that jail credit when consecutive sentences are imposed shall not apply to more than one case, creating special sentencing rules when a felony is committed by certain offenders while on probation, parole or postrelease supervision for a prior felony and requiring secured minimum bonds for certain defendants who commit a new felony while on probation, parole, postrelease supervision or bond for a prior felony unless the court makes certain findings.

21-5413(c)(2), and amendments thereto, shall be presumptive imprisonment and shall be HBserved 2444—Am.consecutively to any other term or terms of imprisonment imposed.

by SCW 10 served consecutively to any other term or terms of imprisonment imposed.

21-21-4018, 4018, prior to its repeal, or K.S.A.

8-1568,8- 1568, and amendments thereto, shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed.

Such HBsentence 2444—Am.shall not be considered a departure and shall not be subject to appeal.

byHOUSE SCWBILL 11No. sentence shall not be considered a departure and shall not be subject to appeal.

2444—page 8 (y) (1) Except as provided in paragraph (3), if the trier of fact makes a finding beyond a reasonable doubt that an offender committed a nondrug felony offense, or any attempt or conspiracy, as defined in K.S.A.

21-5111(p)21-5111(p)(1) (1) and (3), and amendments thereto, while such officer was engaged in the performance of such officer's duty, or in whole or in any part because of such officer's status as a law enforcement officer, the sentence for such offense shall be:

HB(2) The 2444—Am.sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal.

by SCW 12 (2) The sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal.

21-6304,21- 6304, and amendments thereto, as a result of a juvenile adjudication.

21-5413(b)(1)(A) or (b)HOUSE (1)(B),BILL andNo. amendments thereto, and aggravated battery against a law enforcement officer, as defined in K.S.A.

2444—page 9 (b)(1)(B), and amendments thereto, and aggravated battery against a law enforcement officer, as defined in K.S.A.

21-6308(a)21- (1),6308(a)(1), and amendments thereto;

or (Q) any attempt, conspiracy or criminal solicitation, as defined in HBK.S.A. 2444—Am.

by SCW 13 K.S.A.

(A) Aperson(A) A person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm, shall be presumptive imprisonment and, in addition to the sentence imposed pursuant to the Kansas sentencing guidelines act, the offender shall be sentenced to an additional 60 months of imprisonment;

21-5408, 21-5409, 21-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-5427,21- 5427, 215428, 21-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-5507, 21-5508, 21-21-5509, 5509, 21-5510, 21-5515, 21-5601, 21-5602, 21-5604 or 21-5605, and amendments thereto, or any attempt or conspiracy, as defined in K.S.A.

(ii) The provisions of clause (i) requiring the court to impose a mandatoryHOUSE minimumBILL termNo. of imprisonment of 25 years shall not apply if the court finds the offender, because of the offender's criminal history HB 2444—Am.

by2444—page SCW10 14mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the offender, because of the offender's criminal history classification, is subject to presumptive imprisonment and the sentencing range exceeds 300 months.

(1) The judge shall consider and apply the sentencing guidelines, to impose a sentence that is proportionate to the severity of the crime of HBconviction 2444—Am.and the offender's criminal history;

by SCW 15 conviction and the offender's criminal history;

21-6608, and amendmentsHOUSE thereto.BILL No.

2444—page 11 amendments thereto.

(3) impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the HBperson 2444—Am.return to custody during specified hours;

by SCW 16 person return to custody during specified hours;

(2) (A) If a person is charged with a felony, the appearance bond shall be executed with sufficient solvent sureties who are residents of the state of Kansas unless the magistrate determines by clear and convincing evidence, after a hearing at which the person charged is present,HOUSE thatBILL requiringNo. sureties is not necessary to assure the appearance of the person at the time ordered or to assure public safety.

2444—page 12 present, that requiring sureties is not necessary to assure the appearance of the person at the time ordered or to assure public safety.

HB(i) Is 2444—Am.a citizen of the United States or is an alien who is lawfully present in the United States and whose status has been verified with the federal government pursuant to 8 U.S.C.

by SCW 17 (i) Is a lawful resident of the state of Kansas citizen of the United States or is an alien who is lawfully present in the United States and whose status has been verified with the federal government pursuant to 8 U.S.C.

(ii) {is(ii) is a resident of the state of Kansas;

(iii) }has(iii) has no prior felony conviction;

(iii){(iv)} has(iv) has no prior history of failure to appear for any court appearances;

(iv){(v)} has(v) has no detainer or hold from any other jurisdiction;

(v){(vi)} has(vi) has not been extradited from and is not awaiting extradition to another state;

(vi){(vii)} has(vii) has not been detained for an alleged violation of probation;

(vii){(viii)} has(viii) has not been charged with a felony violation of K.S.A.

8-1567,8- 1567, and amendments thereto;

and (viii){(ix)} has(ix) has not been charged with an off-grid felony, a person felony or a drug severity level 1, 2 or 3 felony.

When the appearance bond has been set at $2,500 or less and the most serious charge against the person is a misdemeanor, a severity level 8, 9 or 10 nonperson felony, a drug severity level 4 felony committed prior to July 1, 2012, a drug severity level 5 felony committed on or after July 1, 2012, or a HBviolation 2444—Am.of K.S.A.

by SCW 18 violation of K.S.A.

(2) {is(2) is a resident of the state of Kansas;

(3) }has(3) has a criminal history score category of G, H or I;

(3){(4)} has(3)(4) has no prior history of failure to appear for any court appearances;

(4){(5)} has(4)(5) has no detainer or hold from any other jurisdiction;

(5){(6)} has(5)(6) has not been extradited from, and is not awaiting extradition to, another state;

and (6){(7)} has(6)(7) has not been detained for an alleged violation of probation.

(f) Except as provided in subsection subsections (c) and (q), in the discretion ofHOUSE theBILL court,No. a person charged with a crime may be released upon the person's own recognizance by guaranteeing payment of the amount of the bond for the person's failure to comply with all requirements to appear in court.

2444—page 13 of the court, a person charged with a crime may be released upon the person's own recognizance by guaranteeing payment of the amount of the bond for the person's failure to comply with all requirements to appear in court.

(j) A person for whom conditions of release are imposed and who continues to be detained as a result of the person's inability to meet the HBconditions 2444—Am.of release shall be entitled, upon application, to have the conditions reviewed without unnecessary delay by the magistrate who imposed them.

by SCW 19 conditions of release shall be entitled, upon application, to have the conditions reviewed without unnecessary delay by the magistrate who imposed them.

(k) A(k) Amagistrate magistrate ordering the release of a person on any conditions specified in this section may at any time amend the order to impose additional or different conditions of release.

21-6604, and amendmentsHOUSE thereto,BILL theNo. court may impose the full amount of any such costs in addition to the $15 per week, including, but not limited to, costs for treatment and evaluation under subsection (b).

2444—page 14 amendments thereto, the court may impose the full amount of any such costs in addition to the $15 per week, including, but not limited to, costs for treatment and evaluation under subsection (b).

21-21-5503, 5503, and amendments thereto, criminal sodomy or aggravated criminal sodomy, as described in K.S.A.

21-5506, and HBamendments 2444—Am.thereto, the magistrate shall determine prior convictions of such offenses or comparable out-of-state convictions upon available evidence.

by SCW 20 amendments thereto, the magistrate shall determine prior convictions of such offenses or comparable out-of-state convictions upon available evidence.

(q) (1) If the affidavit establishes probable cause that the person was on probation, parole, postrelease supervision or bond for a prior felony offense at the time of the alleged commission of a charged felony offense and the person's criminal history score under the Kansas sentencing guidelines act was previously established as A, B, C, D or E, except as provided in subsection (q)(2), the personcourt shall notset bea releasedsecured uponappearance thebond person'sin ownan recognizance.amount not less than:

except(A) $50,000 asif providedthe inmost subsectionserious (q)(2),charge against the courtperson shallis set a securedseverity appearancelevel bond7, in8, an9 amountor not10 lessfelony than:or a drug severity level 4 or 5 felony;

(A) $100,000 $50,000(B) $100,000 if the most serious charge against the person is a severity level 7,4, 8,5 9 or 106 felony or a drug severity level 43 or 5 felony;

(B) $250,000 $100,000and (C) $250,000 if the most serious charge against the person is a severity level 4,1, 52 or 63 felony or a drug severity level 31 felony;or 2 felony.

and(2) (C) $500,000 $250,000(A) ifExcept as provided in subparagraph (B), such bond shall not be reduced or modified downward unless the mostmagistrate seriousdetermines chargeby againsta preponderance of the personevidence isat an evidentiary hearing and makes a severitywritten levelfinding 1,on 2the orrecord 3that felonythe ordefendant is not a drugpublic severitysafety levelrisk 1and ornot 2a felony.flight risk.

(2) TheAt courtsuch mayevidentiary sethearing, athere securedshall appearancebe bonda inpresumption anthat amount less than the minimumdefendant amountis requiredboth bya subsectionpublic (q)(1)safety onlyrisk uponand written,a case-specificflight findingsrisk. that:

(A) A lesser secured appearance bond will reasonably assure the safety of the community and the person's appearance;

and (B) application of the minimum amount requirement would be excessive under the circumstances.

(A) Except as provided in subparagraph (B), such bond shall not be reduced or modified downward unless the magistrate determines by a preponderance of the evidence at an evidentiary hearing and makes a written finding on the record that the defendant is not a public safety risk and not a flight risk.

At such evidentiary hearing, there shall be a presumption HB 2444—Am.

by SCW 21 that the defendant is both a public safety risk and a flight risk.

Sec.HOUSE BILL No.

2444—page 15 Sec.

I hereby certify that the above ILL originated in the House, and passed that body H OUSE concurred in SENATE amendments __________________________________________________________________ Speaker of the House.

Chief Clerk of the House.

Passed the SENATE as amended President of the Senate.

Secretary of the Senate.

A PPROVED ______________________________________________________________________________ Governor.