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      21-4708.   Sentencing; crime severity scale for drug offenses, application; sentencing rules for certain crimes; plea bargain agreements. (a) The crime severity scale contained in the sentencing guidelines grid for drug offenses as provided in K.S.A. 21-4705 and amendments thereto consists of 4 levels of crimes. Crimes listed within each level are considered to be relatively equal in severity. Level 1 crimes are the most severe crimes and level 4 crimes are the least severe crimes.

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

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

      (2)   No plea bargaining agreement may be entered into whereby the prosecutor agrees to decline to use a prior drug conviction of the defendant to elevate or enhance the severity level of a drug crime as provided in K.S.A. 65-4127a, 65-4127b and 65-4159 or K.S.A. 1995 Supp. 65-4160 through 65-4164 and amendments thereto, or agrees to exclude any prior conviction 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; July 1.