2009 Kansas Code
Chapter 21 CRIMES AND PUNISHMENTS
Article 46 SENTENCING
21-4606a. Presumptive sentence of probation for certain class D or E felons; crimes committed prior to July 1, 1993.
21-4606a
21-4606a. Presumptive sentence of probation for certain class D or E felons; crimes committed prior to July 1, 1993. The presumptive sentence for a person who has never before been convicted of a felony, but has now been convicted of a class D or E felony or convicted of an attempt to commit a class D felony shall be probation, unless the conviction is of a crime or of an attempt to commit a crime specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated or in the uniform controlled substances act or the person convicted is a juvenile offender in the custody of the department of social and rehabilitation services. In determining whether to impose the presumptive sentence, the court shall consider any prior record of the person's having been convicted or having been adjudicated to have committed, while a juvenile, an offense which would constitute a felony if committed by an adult. If the presumptive sentence provided by this section is not imposed, the provisions of K.S.A. 21-4606b and amendments thereto shall apply. The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 1984, ch. 119, § 1; L. 1986, ch. 123, § 7; L. 1989, ch. 92, § 3; L. 1990, ch. 100, § 5; L. 1992, ch. 239, § 241; July 1, 1993.
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