US Laws, Codes, Statutes & Cases

      21-4713.   Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions. The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or to 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 applicable to the offense or to the offense to which the offender pled guilty;

      (c)   recommend a particular sentence outside of the sentencing range only when 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 prosecutor shall not enter into any agreement 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 make any agreement to exclude any prior conviction from the criminal history of the defendant.

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