As Amended by Senate Committee
Session of 2026
SENATE BILL No. 454
By Senator Bowser
2-3
1AN ACT concerning crimes, punishment and criminal procedure; enacting
2the crush transnational repression in Kansas act; providing for
3enhanced criminal penalties for offenses committed with the intent to
4commit transnational repression; requiring the development of
5transnational repression recognition and response training; amending
6K.S.A. 2025 Supp. 21-6804 and repealing the existing section.
7
8Be it enacted by the Legislature of the State of Kansas:
9New Section 1. (a) The provisions of this section shall be known and
10may be cited as the crush transnational repression in Kansas act.
11(b) The purpose of this section is to counter the threat and practice of
12transnational repression committed by foreign governments or foreign
13terrorist organizations against the citizens and residents of this state.
14(c)(b) As used in this section:
15(1) "Agent" means a person directed or controlled by a foreign
16principal, including any person acting as a proxy for a person who is
17directed or controlled by a foreign principal.
18(2) "Foreign adversary" means the following:
19(A) (i) People's republic of China, including the Hong Kong special
20administrative region;
21(ii) republic of Cuba;
22(iii) islamic republic of Iran;
23(iv) democratic people's republic of Korea;
24(v) Russian federation;
25(vi) Bolivarian republic of Venezuela; and
26(vii) any organization that is designated as a foreign terrorist
27organization as of July 1, 2026, pursuant to 8 U.S.C. § 1189, as in effect on
28July 1, 2026, except as otherwise provided by rules and regulations
29adopted by the fusion center oversight board pursuant to subsection (e).
30(B) "Foreign adversary" does not include the republic of China
31(Taiwan).
32(3) "Foreign principal" means:
33(A) The government or any official of the government of a foreign
34adversary;
35(B) a political party or member of a political party or any subdivision
36of a political party of a foreign adversary;
1(C) (i) a partnership, association, corporation, organization or other
2combination of persons:
3(a) Organized under the laws of a foreign adversary;
4(b) having its principal place of business in a foreign adversary; or
5(c) owned or controlled, in whole or in part, by any person, entity or
6combination of persons or entities of a foreign adversary; or
7(ii) a subsidiary of any such person.
8(4) "Transnational repression" means actions and behaviors that are
9committed by an agent of a foreign principal, whether committed within or
10outside the jurisdiction of a foreign adversary, that emanate from or are
11attributable to such foreign principal and that are committed with the
12intention of harassment, intimidation, censorship or otherwise extending
13the ability of the foreign principal to influence, control or impose such
14foreign principal's preferences on the behavior of individuals outside the
15jurisdiction of the foreign adversary associated with the foreign principal
16either directly through physical contact, threats or electronic targeting or
17through indirect means, such as the actual or credible threat of collective
18punishment or harassment of individuals under the foreign adversary's
19effective control, financial coercion, abuse of administrative processes,
20selective prosecution of laws of general application or the use or direction
21of social media and telecommunications entities.
22(d)(c) A person commits a crime with the intent to commit
23transnational repression if such crime is:
24(1) Undertaken by an agent of a foreign principal or foreign terrorist
25organization who acts knowingly at the direction of, on behalf of or under
26the influence of such foreign principal or foreign terrorist organization or
27any agent thereof with the intent to:
28(A) Coerce another person to act on behalf of a foreign principal or
29foreign terrorist organization;
30(B) coerce or cause another person to leave the United States;
31(C) cause another person to forebear from engaging in conduct that is
32otherwise protected by the first amendment to the constitution of the
33United States; or
34(D) retaliate against another person for engaging in conduct that is
35otherwise protected by the first amendment to the constitution of the
36United States; and
37(2) not protected by the first amendment to the constitution of the
38United States.
39(d) (1) Upon any occasion when an organization is designated as a
40foreign terrorist organization or has such designation revoked pursuant
41to 8 U.S.C. § 1189, the fusion center oversight board may adopt rules
42and regulations to reflect such designation or revocation of such
43designation but only after giving due consideration to the risks to state
1and national security and the economic costs and benefits of such
2action.
3(2) In no case shall the fusion center oversight board adopt any
4rule or regulation pursuant to this section that would designate an
5organization as a foreign terrorist organization that is not designated as
6a foreign terrorist organization pursuant to 8 U.S.C. § 1189.
7 (e) (1) On or before July 1, 2027, the director of the Kansas bureau
8of investigation shall develop or adopt training in transnational repression
9recognition and response. Such training shall be regularly updated to
10address emerging threats and specific information on tactics used by
11specific foreign adversaries.
12(2) The training shall include the following:
13(A) How to identify different tactics of transnational repression in
14physical and nonphysical forms;
15(B) identification of foreign principals that are known to employ
16transnational repression, including not only those who use transnational
17repression most frequently, but also those who use transnational repression
18most egregiously, including, but not limited to, tools of digital surveillance
19and other cybertools frequently used to carry out transnational repression
20activities;
21(C) best practices for appropriate local and state law enforcement
22prevention, reporting and response tactics; and
23(D) information about communities targeted by transnational
24repression.
25(3) The director shall also develop public awareness information to
26inform members of the public about how to identify and report instances
27of transnational repression, including tools and remedies that are available
28for victims of transnational repression. Such public awareness information
29shall include:
30(A) A website that is advertised widely to the public for the purpose
31of reporting transnational repression with a link to such website
32prominently displayed on the Kansas bureau of investigation's homepage
33website;
34(B) reporting mechanisms available in multiple languages, including
35in the languages of commonly persecuted communities; and
36(C) annual reporting on the number of complaints received and
37outcomes, including any instances of foreign interference in the reporting
38process.
39(4) The university of Kansas and Kansas state university shall include
40information on transnational repression in campus disciplinary policies
41and provide for direct complaints of transnational repression to be made to
42a university liaison.
43 Sec. 2. K.S.A. 2025 Supp. 21-6804 is hereby amended to read as
1follows: 21-6804. (a) The provisions of this section shall be applicable to
2the sentencing guidelines grid for nondrug crimes. The following
3sentencing guidelines grid shall be applicable to nondrug felony crimes:
4
1
2
1(b) Sentences expressed in the sentencing guidelines grid for nondrug
2crimes represent months of imprisonment.
3(c) The sentencing guidelines grid is a two-dimensional crime
4severity and criminal history classification tool. The grid's vertical axis is
5the crime severity scale which classifies current crimes of conviction. The
6grid's horizontal axis is the criminal history scale which classifies criminal
7histories.
8(d) The sentencing guidelines grid for nondrug crimes as provided in
9this section defines presumptive punishments for felony convictions,
10subject to the sentencing court's discretion to enter a departure sentence.
11The appropriate punishment for a felony conviction should depend on the
12severity of the crime of conviction when compared to all other crimes and
13the offender's criminal history.
14(e) (1) The sentencing court has discretion to sentence at any place
15within the sentencing range. In the usual case it is recommended that the
16sentencing judge select the center of the range and reserve the upper and
17lower limits for aggravating and mitigating factors insufficient to warrant a
18departure.
19(2) In presumptive imprisonment cases, the sentencing court shall
20pronounce the complete sentence which shall include the:
21(A) Prison sentence;
22(B) maximum potential reduction to such sentence as a result of good
23time; and
24(C) period of postrelease supervision at the sentencing hearing.
25Failure to pronounce the period of postrelease supervision shall not negate
26the existence of such period of postrelease supervision.
27(3) In presumptive nonprison cases, the sentencing court shall
28pronounce the:
29(A) Prison sentence; and
30(B) duration of the nonprison sanction at the sentencing hearing.
31(f) Each grid block states the presumptive sentencing range for an
32offender whose crime of conviction and criminal history place such
33offender in that grid block. If an offense is classified in a grid block below
34the dispositional line, the presumptive disposition shall be
35nonimprisonment. If an offense is classified in a grid block above the
36dispositional line, the presumptive disposition shall be imprisonment. If an
37offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose
38an optional nonprison sentence as provided in subsection (q).
39(g) The sentence for a violation of K.S.A. 21-3415, prior to its repeal,
40aggravated battery against a law enforcement officer committed prior to
41July 1, 2006, or a violation of K.S.A. 21-5412(d), and amendments
42thereto, aggravated assault against a law enforcement officer, which places
43the defendant's sentence in grid block 6-H or 6-I shall be presumed
1imprisonment. The court may impose an optional nonprison sentence as
2provided in subsection (q).
3(h) When a firearm is used to commit any person felony, the
4offender's sentence shall be presumed imprisonment. The court may
5impose an optional nonprison sentence as provided in subsection (q).
6(i) (1) The sentence for the violation of the felony provision of K.S.A.
721-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and
8amendments thereto, shall be as provided by the specific mandatory
9sentencing requirements of that section and shall not be subject to the
10provisions of this section or K.S.A. 21-6807, and amendments thereto.
11(2) If because of the offender's criminal history classification the
12offender is subject to presumptive imprisonment or if the judge departs
13from a presumptive probation sentence and the offender is subject to
14imprisonment, the provisions of this section and K.S.A. 21-6807, and
15amendments thereto, shall apply and the offender shall not be subject to
16the mandatory sentence as provided in K.S.A. 21-5823, and amendments
17thereto.
18(3) Notwithstanding the provisions of any other section, the term of
19imprisonment imposed for the violation of the felony provision of K.S.A.
2021-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and
21amendments thereto, shall not be served in a state facility in the custody of
22the secretary of corrections. Prior to imposing any sentence pursuant to
23this subsection, the court may consider assigning the defendant to a house
24arrest program pursuant to K.S.A. 21-6609, and amendments thereto.
25(j) (1) The sentence for any persistent sex offender whose current
26convicted crime carries a presumptive term of imprisonment shall be
27double the maximum duration of the presumptive imprisonment term. The
28sentence for any persistent sex offender whose current conviction carries a
29presumptive nonprison term shall be presumed imprisonment and shall be
30double the maximum duration of the presumptive imprisonment term.
31(2) Except as otherwise provided in this subsection, as used in this
32subsection, "persistent sex offender" means a person who:
33(A) (i) Has been convicted in this state of a sexually violent crime, as
34defined in K.S.A. 22-3717, and amendments thereto; and
35(ii) at the time of the conviction under clause (i) has at least one
36conviction for a sexually violent crime, as defined in K.S.A. 22-3717, and
37amendments thereto, in this state or comparable felony under the laws of
38another state, the federal government or a foreign government; or
39(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
40prior to its repeal, or K.S.A. 21-5503, and amendments thereto; and
41(ii) at the time of the conviction under clause (i) has at least one
42conviction for rape in this state or comparable felony under the laws of
43another state, the federal government or a foreign government.
1(3) Except as provided in subsection (j)(2)(B), the provisions of this
2subsection shall not apply to any person whose current convicted crime is
3a severity level 1 or 2 felony.
4(k) (1) If it is shown at sentencing that the offender committed any
5felony violation for the benefit of, at the direction of, or in association with
6any criminal street gang, with the specific intent to promote, further or
7assist in any criminal conduct by gang members, the offender's sentence
8shall be presumed imprisonment. The court may impose an optional
9nonprison sentence as provided in subsection (q).
10(2) As used in this subsection, "criminal street gang" means any
11organization, association or group of three or more persons, whether
12formal or informal, having as one of its primary activities:
13(A) The commission of one or more person felonies; or
14(B) the commission of felony violations of article 57 of chapter 21 of
15the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010
16Supp. 21-36a01 through 21-36a17, prior to their transfer, or any felony
17violation of any provision of the uniform controlled substances act prior to
18July 1, 2009; and
19(C) its members have a common name or common identifying sign or
20symbol; and
21(D) its members, individually or collectively, engage in or have
22engaged in the commission, attempted commission, conspiracy to commit
23or solicitation of two or more person felonies or felony violations of article
2457 of chapter 21 of the Kansas Statutes Annotated, and amendments
25thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their
26transfer, any felony violation of any provision of the uniform controlled
27substances act prior to July 1, 2009, or any substantially similar offense
28from another jurisdiction.
29(l) Except as provided in subsection (o), the sentence for a violation
30of K.S.A. 21-5807(a)(1), and amendments thereto, or any attempt or
31conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments
32thereto, to commit such offense, when such person being sentenced has a
33prior conviction for a violation of K.S.A. 21-3715(a) or (b), prior to its
34repeal, 21-3716, prior to its repeal, K.S.A. 21-5807(a)(1) or (a)(2) or 21-
355807(b), and amendments thereto, or any attempt or conspiracy to commit
36such offense, shall be presumptive imprisonment.
37(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 21-
385913(a)(2), and amendments thereto, shall be presumptive imprisonment.
39If an offense under such sections is classified in grid blocks 5-E, 5-F, 5-G,
405-H or 5-I, the court may impose an optional nonprison sentence as
41provided in subsection (q).
42(n) The sentence for a violation of criminal deprivation of property, as
43defined in K.S.A. 21-5803, and amendments thereto, when such property
1is a motor vehicle, and when such person being sentenced has any
2combination of two or more prior convictions of K.S.A. 21-3705(b), prior
3to its repeal, or of criminal deprivation of property, as defined in K.S.A.
421-5803, and amendments thereto, when such property is a motor vehicle,
5shall be presumptive imprisonment. Such sentence shall not be considered
6a departure and shall not be subject to appeal.
7(o) (1) The sentence for a felony violation of theft of property as
8defined in K.S.A. 21-5801, and amendments thereto, or burglary as
9defined in K.S.A. 21-5807(a), and amendments thereto, when such person
10being sentenced has no prior convictions for a violation of K.S.A. 21-3701
11or 21-3715, prior to their repeal, or theft of property as defined in K.S.A.
1221-5801, and amendments thereto, or burglary as defined in K.S.A. 21-
135807(a), and amendments thereto; or the sentence for a felony violation of
14theft of property as defined in K.S.A. 21-5801, and amendments thereto,
15when such person being sentenced has one or two prior felony convictions
16for a violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their
17repeal, or theft of property as defined in K.S.A. 21-5801, and amendments
18thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807,
19and amendments thereto; or the sentence for a felony violation of burglary
20as defined in K.S.A. 21-5807(a), and amendments thereto, when such
21person being sentenced has one prior felony conviction for a violation of
22K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of
23property as defined in K.S.A. 21-5801, and amendments thereto, or
24burglary or aggravated burglary as defined in K.S.A. 21-5807, and
25amendments thereto, shall be the sentence as provided by this section,
26except that the court may order an optional nonprison sentence for a
27defendant to participate in a drug treatment program, including, but not
28limited to, an approved aftercare plan, if the court makes the following
29findings on the record:
30(A) Substance abuse was an underlying factor in the commission of
31the crime;
32(B) substance abuse treatment in the community is likely to be more
33effective than a prison term in reducing the risk of offender recidivism;
34and
35(C) participation in an intensive substance abuse treatment program
36will serve community safety interests.
37(2) A defendant sentenced to an optional nonprison sentence under
38this subsection shall be supervised by community correctional services.
39The provisions of K.S.A. 21-6824(f)(1), and amendments thereto, shall
40apply to a defendant sentenced under this subsection. The sentence under
41this subsection shall not be considered a departure and shall not be subject
42to appeal.
43(p) (1) The sentence for a felony violation of theft of property as
1defined in K.S.A. 21-5801, and amendments thereto, when such person
2being sentenced has any combination of three or more prior felony
3convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716, prior to
4their repeal, or theft of property as defined in K.S.A. 21-5801, and
5amendments thereto, or burglary or aggravated burglary as defined in
6K.S.A. 21-5807, and amendments thereto; or the sentence for a violation
7of burglary as defined in K.S.A. 21-5807(a), and amendments thereto,
8when such person being sentenced has any combination of two or more
9prior convictions for violations of K.S.A. 21-3701, 21-3715 and 21-3716,
10prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and
11amendments thereto, or burglary or aggravated burglary as defined in
12K.S.A. 21-5807, and amendments thereto, shall be presumed
13imprisonment and the defendant shall be sentenced to prison as provided
14by this section, except that the court may recommend that an offender be
15placed in the custody of the secretary of corrections, in a facility
16designated by the secretary to participate in an intensive substance abuse
17treatment program, upon making the following findings on the record:
18(A) Substance abuse was an underlying factor in the commission of
19the crime;
20(B) substance abuse treatment with a possibility of an early release
21from imprisonment is likely to be more effective than a prison term in
22reducing the risk of offender recidivism; and
23(C) participation in an intensive substance abuse treatment program
24with the possibility of an early release from imprisonment will serve
25community safety interests by promoting offender reformation.
26(2) The intensive substance abuse treatment program shall be
27determined by the secretary of corrections, but shall be for a period of at
28least four months. Upon the successful completion of such intensive
29treatment program, the offender shall be returned to the court and the court
30may modify the sentence by directing that a less severe penalty be
31imposed in lieu of that originally adjudged within statutory limits. If the
32offender's term of imprisonment expires, the offender shall be placed
33under the applicable period of postrelease supervision. The sentence under
34this subsection shall not be considered a departure and shall not be subject
35to appeal.
36(q) (1) As used in this section, an "optional nonprison sentence" is a
37sentence which the court may impose, in lieu of the presumptive sentence,
38upon making the following findings on the record:
39(A) An appropriate treatment program exists which is likely to be
40more effective than the presumptive prison term in reducing the risk of
41offender recidivism; and
42(B) the recommended treatment program is available and the offender
43can be admitted to such program within a reasonable period of time; or
1(C) the nonprison sanction will serve community safety interests by
2promoting offender reformation.
3(2) Any decision made by the court regarding the imposition of an
4optional nonprison sentence shall not be considered a departure and shall
5not be subject to appeal.
6(r) The sentence for a violation of K.S.A. 21-5413(c)(2), and
7amendments thereto, shall be presumptive imprisonment and shall be
8served consecutively to any other term or terms of imprisonment imposed.
9Such sentence shall not be considered a departure and shall not be subject
10to appeal.
11(s) The sentence for a violation of K.S.A. 21-5512, and amendments
12thereto, shall be presumptive imprisonment. Such sentence shall not be
13considered a departure and shall not be subject to appeal.
14(t) (1) If the trier of fact makes a finding beyond a reasonable doubt
15that an offender wore or used ballistic resistant material in the commission
16of, or attempt to commit, or flight from any felony, in addition to the
17sentence imposed pursuant to the Kansas sentencing guidelines act, the
18offender shall be sentenced to an additional 30 months' imprisonment.
19(2) The sentence imposed pursuant to paragraph (1) shall be
20presumptive imprisonment and shall be served consecutively to any other
21term or terms of imprisonment imposed. Such sentence shall not be
22considered a departure and shall not be subject to appeal.
23(3) As used in this subsection, "ballistic resistant material" means
24any:
25(A) Commercially produced material designed with the purpose of
26providing ballistic and trauma protection, including, but not limited to,
27bulletproof vests and kevlar vests; and
28(B) homemade or fabricated substance or item designed with the
29purpose of providing ballistic and trauma protection.
30(u) The sentence for a violation of K.S.A. 21-6107, and amendments
31thereto, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and
3221-5302, and amendments thereto, to commit such offense, when such
33person being sentenced has a prior conviction for a violation of K.S.A. 21-
344018, prior to its repeal, or K.S.A. 21-6107, and amendments thereto, or
35any attempt or conspiracy to commit such offense, shall be presumptive
36imprisonment. Such sentence shall not be considered a departure and shall
37not be subject to appeal.
38(v) The sentence for a third or subsequent violation of K.S.A. 8-1568,
39and amendments thereto, shall be presumptive imprisonment and shall be
40served consecutively to any other term or terms of imprisonment imposed.
41Such sentence shall not be considered a departure and shall not be subject
42to appeal.
43(w) The sentence for aggravated criminal damage to property as
1defined in K.S.A. 21-5813(b), and amendments thereto, when such person
2being sentenced has a prior conviction for any nonperson felony shall be
3presumptive imprisonment. Such sentence shall not be considered a
4departure and shall not be subject to appeal.
5(x) The sentence for a violation of K.S.A. 21-5807(a)(1), and
6amendments thereto, shall be presumptive imprisonment if the offense
7under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
8sentence shall not be considered a departure and shall not be subject to
9appeal.
10(y) (1) Except as provided in paragraph (3), if the trier of fact makes a
11finding beyond a reasonable doubt that an offender committed a nondrug
12felony offense, or any attempt or conspiracy, as defined in K.S.A. 21-5301
13and 21-5302, and amendments thereto, to commit a nondrug felony
14offense, against a law enforcement officer, as defined in K.S.A. 21-5111(p)
15(1) and (3), and amendments thereto, while such officer was engaged in
16the performance of such officer's duty, or in whole or in any part because
17of such officer's status as a law enforcement officer, the sentence for such
18offense shall be:
19(A) If such offense is classified in severity level 2 through 10, one
20severity level above the appropriate level for such offense; and
21(B) (i) if such offense is classified in severity level 1, except as
22otherwise provided in clause (ii), imprisonment for life, and such offender
23shall not be eligible for probation or suspension, modification or reduction
24of sentence. In addition, such offender shall not be eligible for parole prior
25to serving 25 years' imprisonment, and such 25 years' imprisonment shall
26not be reduced by the application of good time credits. No other sentence
27shall be permitted.
28(ii) The provisions of clause (i) requiring the court to impose a
29mandatory minimum term of imprisonment of 25 years shall not apply if
30the court finds the offender, because of the offender's criminal history
31classification, is subject to presumptive imprisonment and the sentencing
32range exceeds 300 months. In such case, the offender is required to serve a
33mandatory minimum term equal to the sentence established pursuant to the
34sentencing range.
35(2) The sentence imposed pursuant to paragraph (1) shall not be
36considered a departure and shall not be subject to appeal.
37(3) The provisions of this subsection shall not apply to an offense
38described in paragraph (1) if the factual aspect concerning a law
39enforcement officer is a statutory element of such offense.
40(z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments
41thereto, or any other provision of law to the contrary, the sentence for a
42violation of criminal possession of a weapon by a convicted felon as
43defined in K.S.A. 21-6304, and amendments thereto, shall be presumptive
1imprisonment and shall be served consecutively to any other term or terms
2of imprisonment imposed if the trier of fact makes a finding beyond a
3reasonable doubt that:
4(A) The weapon the offender possessed during such violation was a
5firearm; and
6(B) such firearm was used by the offender during the commission of
7any violent felony.
8(2) The sentence imposed pursuant to paragraph (1) shall not be
9considered a departure and shall not be subject to appeal. No other
10sentence shall be permitted.
11(3) The provisions of this subsection shall not apply to an offender
12who is prohibited from possessing a weapon pursuant to K.S.A. 21-6304,
13and amendments thereto, as a result of a juvenile adjudication.
14(4) As used in this subsection, "violent felony" means any of the
15following:
16(A) Capital murder, as defined in K.S.A. 21-5401, and amendments
17thereto;
18(B) murder in the first degree, as defined in K.S.A. 21-5402, and
19amendments thereto;
20(C) murder in the second degree, as defined in K.S.A. 21-5403, and
21amendments thereto;
22(D) voluntary manslaughter, as defined in K.S.A. 21-5404, and
23amendments thereto;
24(E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and amendments
25thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and
26amendments thereto;
27(F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and
28amendments thereto, and aggravated assault of a law enforcement officer,
29as defined in K.S.A. 21-5412(d)(1), and amendments thereto;
30(G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or (b)
31(1)(B), and amendments thereto, and aggravated battery against a law
32enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2), and
33amendments thereto;
34(H) mistreatment of a dependent adult or mistreatment of an elder
35person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto;
36(I) rape, as defined in K.S.A. 21-5503, and amendments thereto;
37(J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and
38amendments thereto;
39(K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3), and
40amendments thereto;
41(L) any felony offense described in K.S.A. 21-5703 or 21-5705, and
42amendments thereto;
43(M) treason, as defined in K.S.A. 21-5901, and amendments thereto;
1(N) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)
2(1), and amendments thereto;
3(O) fleeing or attempting to elude a police officer, as defined in
4K.S.A. 8-1568(b), and amendments thereto;
5(P) any felony that includes the domestic violence designation
6pursuant to K.S.A. 22-4616, and amendments thereto; or
7(Q) any attempt, conspiracy or criminal solicitation, as defined in
8K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any
9felony offense defined in this subsection.
10(aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A) or
11(a)(1)(B), and amendments thereto, if the trier of fact makes a finding
12beyond a reasonable doubt that the offender discharged a firearm and that
13the offender knew or reasonably should have known that:
14(A) A person was present in the dwelling, building, structure or motor
15vehicle at which the offender discharged a firearm, shall be presumptive
16imprisonment and, in addition to the sentence imposed pursuant to the
17Kansas sentencing guidelines act, the offender shall be sentenced to an
18additional 60 months of imprisonment; and
19(B) a person less than 14 years of age was present in the dwelling,
20building, structure or motor vehicle at which the offender discharged a
21firearm, shall be presumptive imprisonment and, in addition to the
22sentence imposed pursuant to the Kansas sentencing guidelines act, the
23offender shall be sentenced to an additional 120 months of imprisonment.
24(2) The sentence imposed pursuant to paragraph (1) shall be served
25consecutively to any other term or terms of imprisonment imposed. Such
26sentence shall not be considered a departure and shall not be subject to
27appeal.
28(bb) (1) If the trier of fact makes a finding beyond a reasonable doubt
29that an offender committed any act described in K.S.A. 21-5408, 21-5409,
3021-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-5427, 215428,
3121-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-5507, 21-5508, 21-
325509, 21-5510, 21-5515, 21-5601, 21-5602, 21-5604 or 21-5605, and
33amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
3421-5301 and 21-5302, and amendments thereto, to commit any such act
35with knowledge that a woman is pregnant and with the intent that such act
36will compel such woman to obtain an abortion when such woman has
37expressed her desire to not obtain an abortion, the sentence for such
38offense shall be:
39(A) If such offense is classified in severity level 2 through 10, one
40severity level above the appropriate level for such offense; and
41(B) (i) if such offense is classified in severity level 1, except as
42otherwise provided in clause (ii), imprisonment for life, and such offender
43shall not be eligible for probation or suspension, modification or reduction
1of sentence. In addition, such offender shall not be eligible for parole prior
2to serving 25 years' imprisonment, and such 25 years' imprisonment shall
3not be reduced by the application of good time credits. No other sentence
4shall be permitted.
5(ii) The provisions of clause (i) requiring the court to impose a
6mandatory minimum term of imprisonment of 25 years shall not apply if
7the court finds the offender, because of the offender's criminal history
8classification, is subject to presumptive imprisonment and the sentencing
9range exceeds 300 months. In such case, the offender is required to serve a
10mandatory minimum term equal to the sentence established pursuant to the
11sentencing range.
12(2) The sentence imposed pursuant to paragraph (1) shall not be
13considered a departure and shall not be subject to appeal.
14(cc) (1) If the trier of fact makes a finding beyond a reasonable doubt
15that an offender committed any act described in K.S.A. 21-5408, 21-5409,
1621-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-5427, 21-
175428, 21-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-5507, 24rs3254,
1821-5508, 21-5509, 21-5510, 21-5515, 21-5601, 21-5602, 21-5604 or 21-
195605, and amendments thereto, offense or any attempt or conspiracy as
20defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to
21commit any such act offense with the intent to commit transnational
22repression as described in section 1(d), and amendments thereto, the
23sentence for such offense shall be:
24(A) If such offense is classified in severity level 2 through 10, one
25severity level above the appropriate level for such offense; and
26(B) (i) if such offense is classified in severity level 1, except as
27otherwise provided in clause (ii), imprisonment for life, and such offender
28shall not be eligible for probation or suspension, modification or
29reduction of sentence. In addition, such offender shall not be eligible for
30parole prior to serving 25 years' imprisonment, and such 25 years'
31imprisonment shall not be reduced by the application of good time credits.
32No other sentence shall be permitted.
33(ii) The provisions of clause (i) requiring the court to impose a
34mandatory minimum term of imprisonment of 25 years shall not apply if
35the court finds the offender, because of the offender's criminal history
36classification, is subject to presumptive imprisonment and the sentencing
37range exceeds 300 months. In such case, the offender is required to serve
38a mandatory minimum term equal to the sentence established pursuant to
39the sentencing range.
40(2) The sentence imposed pursuant to paragraph (1) shall not be
41considered a departure and shall not be subject to appeal.
42Sec. 3. K.S.A. 2025 Supp. 21-6804 is hereby repealed.
43Sec. 4. This act shall take effect and be in force from and after its
1publication in the statute book.