Bill > HB2401

This bill modifies Kansas criminal sentencing law by addressing how prior convictions are used in determining a defendant's criminal history score. Specifically, the bill stipulates that if a crime's underlying statute has been determined unconstitutional by an appellate court, that prior conviction will not be used for criminal history scoring purposes. However, if the basis for the unconstitutionality determination is later overruled or reversed by either the Kansas Supreme Court or the United States Supreme Court, then the prior conviction can be reinstated for criminal history scoring. This change aims to ensure that criminal history calculations do not include convictions based on laws that have been found to be unconstitutional, while also providing a mechanism for those convictions to be reconsidered if the constitutional challenge is subsequently overturned. The bill amends K.S.A. 21-6810, which governs how prior convictions are evaluated and scored in the criminal sentencing guidelines, and represents a technical but potentially significant adjustment to how criminal histories are assessed in Kansas sentencing procedures.

Justice

Federal and State Affairs (House)

https://kslegislature.gov/li/b2025_26/measures/hb2401/