Session Law

Identifying Information:L. 2003 ch. 013
Other Identifying Information:2003 Senate Bill 31
Tax Type:Other
Brief Description:An Act concerning crimes, criminal procedure and punishment; relating to inherently dangerous felonies; amending K.S.A. 2002 Supp. 21-3436 and repealing the existing section.
Keywords:


Body:

CHAPTER 13

SENATE BILL No. 31


An Act concerning crimes, criminal procedure and punishment; relating to inherently

dangerous felonies; amending K.S.A. 2002 Supp. 21-3436 and repealing the existing


section.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2002 Supp. 21-3436 is hereby amended to read as

follows: 21-3436. (a) Any of the following felonies shall be deemed an

inherently dangerous felony whether or not such felony is so distinct from

the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401

and amendments thereto as not to be an ingredient of the homicide al-

leged to be a violation of subsection (b) of K.S.A. 21-3401 and amend-

ments thereto:

(1) Kidnapping, as defined in K.S.A. 21-3420 and amendments

thereto;

(2) aggravated kidnapping, as defined in K.S.A. 21-3421 and amend-

ments thereto;

(3) robbery, as defined in K.S.A. 21-3426 and amendments thereto;

(4) aggravated robbery, as defined in K.S.A. 21-3427 and amend-

ments thereto;

(5) rape, as defined in K.S.A. 21-3502 and amendments thereto;

(6) aggravated criminal sodomy, as defined in K.S.A. 21-3506 and

amendments thereto;

(7) abuse of a child, as defined in K.S.A. 21-3609 and amendments

thereto;

(8) felony theft under subsection (a) or (c) of K.S.A. 21-3701 and

amendments thereto;

(9) burglary, as defined in K.S.A 21-3715 and amendments thereto;

(10) aggravated burglary, as defined in K.S.A. 21-3716 and amend-

ments thereto;

(11) arson, as defined in K.S.A. 21-3718 and amendments thereto;

(12) aggravated arson, as defined in K.S.A. 21-3719 and amendments

thereto;

(13) treason, as defined in K.S.A. 21-3801 and amendments thereto;

(14) any felony offense as provided in K.S.A. 65-4127a, 65-4127b or

65-4159 or 65-4160 through 65-4164 and amendments thereto;

(15) any felony offense as provided in K.S.A. 21-4219 and amend-

ments thereto; and

(16) endangering the food supply as defined in K.S.A. 2002 Supp. 21-

4221, and amendments thereto; and

(17) aggravated endangering the food supply as defined in K.S.A.

2002 Supp. 21-4222, and amendments thereto.

(b) Any of the following felonies shall be deemed an inherently dan-

gerous felony only when such felony is so distinct from the homicide

alleged to be a violation of subsection (b) of K.S.A. 21-3401 and amend-

ments thereto as to not be an ingredient of the homicide alleged to be a

violation of subsection (b) of K.S.A. 21-3401 and amendments thereto:

(1) Murder in the first degree, as defined in subsection (a) of K.S.A.

21-3401 and amendments thereto;

(2) murder in the second degree, as defined in subsection (a) of

K.S.A. 21-3402 and amendments thereto;

(3) voluntary manslaughter, as defined in subsection (a) of K.S.A. 21-

3403 and amendments thereto;

(4) aggravated assault, as defined in K.S.A. 21-3410 and amendments

thereto;

(5) aggravated assault of a law enforcement officer, as defined in

K.S.A. 21-3411 and amendments thereto;

(6) aggravated battery, as defined in subsection (a)(1) of K.S.A. 21-

3414 and amendments thereto; and

(7) aggravated battery against a law enforcement officer, as defined

in K.S.A. 21-3415 and amendments thereto.

(c) This section shall be part of and supplemental to the Kansas crim-

inal code.

Sec. 2. K.S.A. 2002 Supp. 21-3436 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved March 24, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003