PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4624.Same; proceeding to determine if personshall be sentenced to death; notice; trial judge; jury; imprisonment for lifewithout the possibility of parole.(a) If a defendant is charged with capital murder, the county or districtattorney shall file written notice if such attorney intends, upon conviction ofthe defendant, to request a separate sentencing proceeding to determine whetherthe defendant should be sentenced to death. Such notice shall be filed with thecourt and served on the defendant or the defendant's attorney not later thanfive days after the time of arraignment. If such notice is not filed and servedas required by this subsection, the county or district attorney may not requestsuch a sentencing proceeding and the defendant, if convicted of capital murder,shall be sentenced to life without the possibility of parole, and no sentenceof death shall be imposed hereunder.
(b) Except as provided in K.S.A. 21-4622 and 21-4623, and amendments thereto,upon conviction of a defendant of capital murder, the court, upon motion of thecounty or district attorney, shall conduct a separate sentencing proceeding todetermine whether the defendant shall be sentenced to death. The proceedingshall be conducted by the trial judge before the trial jury as soon aspracticable. If any person who served on the trial jury is unable to serve onthe jury for the sentencing proceeding, the court shall substitute an alternatejuror who has been impaneled for the trial jury. If there are insufficientalternate jurors to replace trial jurors who are unable to serve at thesentencing proceeding, the trial judge may summon a special jury of 12 personswhich shall determine the question of whether a sentence of death shallbe imposed. Jury selection procedures, qualifications of jurors and groundsfor exemption or challenge of prospective jurors in criminal trials shall beapplicable to the selection of such special jury. The jury at the sentencingproceeding may be waived in the manner provided by K.S.A. 22-3403 andamendments thereto for waiver of a trial jury. If the jury at the sentencingproceeding has been waived or the trial jury has been waived, the sentencingproceeding shall be conducted by the court.
(c) In the sentencing proceeding, evidence may be presented concerning anymatter that the court deems relevant to the question of sentence and shallinclude matters relating to any of the aggravating circumstances enumerated inK.S.A. 21-4625 and amendments thereto and any mitigating circumstances. Anysuch evidence which the court deems to have probative value may be receivedregardless of its admissibility under the rules of evidence, provided that thedefendant is accorded a fair opportunity to rebut any hearsay statements. Onlysuch evidence of aggravating circumstances as the state has made known to thedefendant prior to the sentencing proceeding shall be admissible, and noevidence secured in violation of the constitution of the United States or ofthe state of Kansas shall be admissible. No testimony by the defendant at thesentencing proceeding shall be admissible against the defendant at anysubsequent criminal proceeding. At the conclusion of the evidentiarypresentation, the court shall allow the parties a reasonable period of time inwhich to present oral argument.
(d) At the conclusion of the evidentiary portion of the sentencingproceeding, the court shall provide oral and written instructions to the juryto guide its deliberations.
(e) If, by unanimous vote, the jury finds beyond a reasonable doubt that oneor more of the aggravating circumstances enumerated in K.S.A. 21-4625 andamendments thereto exist and, further, that the existence of such aggravatingcircumstances is not outweighed by any mitigating circumstances which are foundto exist, the defendant shall be sentenced to death; otherwise, the defendantshall be sentenced to life without the possibility of parole. The jury, if itsverdict is a unanimous recommendation of a sentence of death, shall designatein writing, signed by the foreman of the jury, the statutory aggravatingcircumstances which it found beyond a reasonable doubt. If, after a reasonabletime for deliberation, the jury is unable to reach a verdict, the judge shalldismiss the jury and impose a sentence of life without the possibility ofparole and shall commit the defendant to the custody of the secretary ofcorrections. In nonjury cases, the court shall follow the requirements of thissubsection in determining the sentence to be imposed.
(f) Notwithstanding the verdict of the jury, the trial court shall reviewany jury verdict imposing a sentence of death hereunder to ascertain whetherthe imposition of such sentence is supported by the evidence. If the courtdetermines that the imposition of such a sentence is not supported by theevidence, the court shall modify the sentence and sentence the defendant tolife without the possibility of parole, and no sentence of death shall beimposed hereunder. Whenever the court enters a judgment modifying thesentencing verdict of the jury, the court shall set forth its reasons for sodoing in a written memorandum which shall become part of the record.
(g) A defendant who is sentenced to imprisonment for life without thepossibility of parole shall spend the remainder of the defendant's natural lifeincarcerated and in the custody of the secretary of corrections. A defendantwho is sentenced to imprisonment for life without the possibility of paroleshall not be eligible for parole, probation, assignment to a communitycorrectional services program, conditional release, postrelease supervision, orsuspension, modification or reduction of sentence. Upon sentencing a defendantto imprisonment for life without the possibility of parole, the court shallcommit the defendant to the custody of the secretary of corrections and thecourt shall state in the sentencing order of the judgment form or journalentry, whichever is delivered with the defendant to the correctionalinstitution, that the defendant has been sentenced to imprisonment for lifewithout the possibility of parole.
History: L. 1990, ch. 99, § 4;L. 1994, ch. 252, § 4;L. 2004, ch. 102, § 3; July 1.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4624.Same; proceeding to determine if personshall be sentenced to death; notice; trial judge; jury; imprisonment for lifewithout the possibility of parole.(a) If a defendant is charged with capital murder, the county or districtattorney shall file written notice if such attorney intends, upon conviction ofthe defendant, to request a separate sentencing proceeding to determine whetherthe defendant should be sentenced to death. Such notice shall be filed with thecourt and served on the defendant or the defendant's attorney not later thanfive days after the time of arraignment. If such notice is not filed and servedas required by this subsection, the county or district attorney may not requestsuch a sentencing proceeding and the defendant, if convicted of capital murder,shall be sentenced to life without the possibility of parole, and no sentenceof death shall be imposed hereunder.
(b) Except as provided in K.S.A. 21-4622 and 21-4623, and amendments thereto,upon conviction of a defendant of capital murder, the court, upon motion of thecounty or district attorney, shall conduct a separate sentencing proceeding todetermine whether the defendant shall be sentenced to death. The proceedingshall be conducted by the trial judge before the trial jury as soon aspracticable. If any person who served on the trial jury is unable to serve onthe jury for the sentencing proceeding, the court shall substitute an alternatejuror who has been impaneled for the trial jury. If there are insufficientalternate jurors to replace trial jurors who are unable to serve at thesentencing proceeding, the trial judge may summon a special jury of 12 personswhich shall determine the question of whether a sentence of death shallbe imposed. Jury selection procedures, qualifications of jurors and groundsfor exemption or challenge of prospective jurors in criminal trials shall beapplicable to the selection of such special jury. The jury at the sentencingproceeding may be waived in the manner provided by K.S.A. 22-3403 andamendments thereto for waiver of a trial jury. If the jury at the sentencingproceeding has been waived or the trial jury has been waived, the sentencingproceeding shall be conducted by the court.
(c) In the sentencing proceeding, evidence may be presented concerning anymatter that the court deems relevant to the question of sentence and shallinclude matters relating to any of the aggravating circumstances enumerated inK.S.A. 21-4625 and amendments thereto and any mitigating circumstances. Anysuch evidence which the court deems to have probative value may be receivedregardless of its admissibility under the rules of evidence, provided that thedefendant is accorded a fair opportunity to rebut any hearsay statements. Onlysuch evidence of aggravating circumstances as the state has made known to thedefendant prior to the sentencing proceeding shall be admissible, and noevidence secured in violation of the constitution of the United States or ofthe state of Kansas shall be admissible. No testimony by the defendant at thesentencing proceeding shall be admissible against the defendant at anysubsequent criminal proceeding. At the conclusion of the evidentiarypresentation, the court shall allow the parties a reasonable period of time inwhich to present oral argument.
(d) At the conclusion of the evidentiary portion of the sentencingproceeding, the court shall provide oral and written instructions to the juryto guide its deliberations.
(e) If, by unanimous vote, the jury finds beyond a reasonable doubt that oneor more of the aggravating circumstances enumerated in K.S.A. 21-4625 andamendments thereto exist and, further, that the existence of such aggravatingcircumstances is not outweighed by any mitigating circumstances which are foundto exist, the defendant shall be sentenced to death; otherwise, the defendantshall be sentenced to life without the possibility of parole. The jury, if itsverdict is a unanimous recommendation of a sentence of death, shall designatein writing, signed by the foreman of the jury, the statutory aggravatingcircumstances which it found beyond a reasonable doubt. If, after a reasonabletime for deliberation, the jury is unable to reach a verdict, the judge shalldismiss the jury and impose a sentence of life without the possibility ofparole and shall commit the defendant to the custody of the secretary ofcorrections. In nonjury cases, the court shall follow the requirements of thissubsection in determining the sentence to be imposed.
(f) Notwithstanding the verdict of the jury, the trial court shall reviewany jury verdict imposing a sentence of death hereunder to ascertain whetherthe imposition of such sentence is supported by the evidence. If the courtdetermines that the imposition of such a sentence is not supported by theevidence, the court shall modify the sentence and sentence the defendant tolife without the possibility of parole, and no sentence of death shall beimposed hereunder. Whenever the court enters a judgment modifying thesentencing verdict of the jury, the court shall set forth its reasons for sodoing in a written memorandum which shall become part of the record.
(g) A defendant who is sentenced to imprisonment for life without thepossibility of parole shall spend the remainder of the defendant's natural lifeincarcerated and in the custody of the secretary of corrections. A defendantwho is sentenced to imprisonment for life without the possibility of paroleshall not be eligible for parole, probation, assignment to a communitycorrectional services program, conditional release, postrelease supervision, orsuspension, modification or reduction of sentence. Upon sentencing a defendantto imprisonment for life without the possibility of parole, the court shallcommit the defendant to the custody of the secretary of corrections and thecourt shall state in the sentencing order of the judgment form or journalentry, whichever is delivered with the defendant to the correctionalinstitution, that the defendant has been sentenced to imprisonment for lifewithout the possibility of parole.
History: L. 1990, ch. 99, § 4;L. 1994, ch. 252, § 4;L. 2004, ch. 102, § 3; July 1.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4624.Same; proceeding to determine if personshall be sentenced to death; notice; trial judge; jury; imprisonment for lifewithout the possibility of parole.(a) If a defendant is charged with capital murder, the county or districtattorney shall file written notice if such attorney intends, upon conviction ofthe defendant, to request a separate sentencing proceeding to determine whetherthe defendant should be sentenced to death. Such notice shall be filed with thecourt and served on the defendant or the defendant's attorney not later thanfive days after the time of arraignment. If such notice is not filed and servedas required by this subsection, the county or district attorney may not requestsuch a sentencing proceeding and the defendant, if convicted of capital murder,shall be sentenced to life without the possibility of parole, and no sentenceof death shall be imposed hereunder.
(b) Except as provided in K.S.A. 21-4622 and 21-4623, and amendments thereto,upon conviction of a defendant of capital murder, the court, upon motion of thecounty or district attorney, shall conduct a separate sentencing proceeding todetermine whether the defendant shall be sentenced to death. The proceedingshall be conducted by the trial judge before the trial jury as soon aspracticable. If any person who served on the trial jury is unable to serve onthe jury for the sentencing proceeding, the court shall substitute an alternatejuror who has been impaneled for the trial jury. If there are insufficientalternate jurors to replace trial jurors who are unable to serve at thesentencing proceeding, the trial judge may summon a special jury of 12 personswhich shall determine the question of whether a sentence of death shallbe imposed. Jury selection procedures, qualifications of jurors and groundsfor exemption or challenge of prospective jurors in criminal trials shall beapplicable to the selection of such special jury. The jury at the sentencingproceeding may be waived in the manner provided by K.S.A. 22-3403 andamendments thereto for waiver of a trial jury. If the jury at the sentencingproceeding has been waived or the trial jury has been waived, the sentencingproceeding shall be conducted by the court.
(c) In the sentencing proceeding, evidence may be presented concerning anymatter that the court deems relevant to the question of sentence and shallinclude matters relating to any of the aggravating circumstances enumerated inK.S.A. 21-4625 and amendments thereto and any mitigating circumstances. Anysuch evidence which the court deems to have probative value may be receivedregardless of its admissibility under the rules of evidence, provided that thedefendant is accorded a fair opportunity to rebut any hearsay statements. Onlysuch evidence of aggravating circumstances as the state has made known to thedefendant prior to the sentencing proceeding shall be admissible, and noevidence secured in violation of the constitution of the United States or ofthe state of Kansas shall be admissible. No testimony by the defendant at thesentencing proceeding shall be admissible against the defendant at anysubsequent criminal proceeding. At the conclusion of the evidentiarypresentation, the court shall allow the parties a reasonable period of time inwhich to present oral argument.
(d) At the conclusion of the evidentiary portion of the sentencingproceeding, the court shall provide oral and written instructions to the juryto guide its deliberations.
(e) If, by unanimous vote, the jury finds beyond a reasonable doubt that oneor more of the aggravating circumstances enumerated in K.S.A. 21-4625 andamendments thereto exist and, further, that the existence of such aggravatingcircumstances is not outweighed by any mitigating circumstances which are foundto exist, the defendant shall be sentenced to death; otherwise, the defendantshall be sentenced to life without the possibility of parole. The jury, if itsverdict is a unanimous recommendation of a sentence of death, shall designatein writing, signed by the foreman of the jury, the statutory aggravatingcircumstances which it found beyond a reasonable doubt. If, after a reasonabletime for deliberation, the jury is unable to reach a verdict, the judge shalldismiss the jury and impose a sentence of life without the possibility ofparole and shall commit the defendant to the custody of the secretary ofcorrections. In nonjury cases, the court shall follow the requirements of thissubsection in determining the sentence to be imposed.
(f) Notwithstanding the verdict of the jury, the trial court shall reviewany jury verdict imposing a sentence of death hereunder to ascertain whetherthe imposition of such sentence is supported by the evidence. If the courtdetermines that the imposition of such a sentence is not supported by theevidence, the court shall modify the sentence and sentence the defendant tolife without the possibility of parole, and no sentence of death shall beimposed hereunder. Whenever the court enters a judgment modifying thesentencing verdict of the jury, the court shall set forth its reasons for sodoing in a written memorandum which shall become part of the record.
(g) A defendant who is sentenced to imprisonment for life without thepossibility of parole shall spend the remainder of the defendant's natural lifeincarcerated and in the custody of the secretary of corrections. A defendantwho is sentenced to imprisonment for life without the possibility of paroleshall not be eligible for parole, probation, assignment to a communitycorrectional services program, conditional release, postrelease supervision, orsuspension, modification or reduction of sentence. Upon sentencing a defendantto imprisonment for life without the possibility of parole, the court shallcommit the defendant to the custody of the secretary of corrections and thecourt shall state in the sentencing order of the judgment form or journalentry, whichever is delivered with the defendant to the correctionalinstitution, that the defendant has been sentenced to imprisonment for lifewithout the possibility of parole.
History: L. 1990, ch. 99, § 4;L. 1994, ch. 252, § 4;L. 2004, ch. 102, § 3; July 1.
