PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 48.--CRIME-RELATED COMMISSIONS
21-4801.Criminal code recodification commission;membership; powers and duties; reports.(a) There is hereby created the Kansas criminal coderecodificationcommission.
(b) The commission shall re-codify the Kansas criminal code by:
(1) Reviewing the American law institute model penal code, the criminal codesof otherstates, and other criminal law study resources, and making recommendationsconcerningproposed modifications, amendments and additions to the code.
(2) Analyzing and reviewing all criminal statutes and making recommendationsforlegislation that would ensure that the sentences are appropriate andproportionate to othersentences imposed for criminal offenses, with particular emphasis on thesentencing guidelinesgrid for drug crimes.
(3) Reviewing and determining the severity of the Kansas sentencing policiesin relationto other states and review possible adjustments which may relieve or eliminateprison capacityissues in Kansas.
(4) Studying and making recommendations concerning the statutory definitionsof crimesand criminal penalties and evaluate whether certain criminal conduct may becombined into onecriminal statute, thus alleviating any potential problems of having twostatutes prohibiting thesame criminal conduct.
(5) Studying and making revisions to clarify the code to facilitate just andexpedientresolution of criminal prosecutions and resolve or prevent statutory conflicts.
(c) The commission shall be made up of the following members:
(1) One legislator who is a member of the senate judiciary committee shall beappointedby the president of the senate;
(2) one legislator who is a member of the senate judiciary committee shall beappointedby the minority leader of the senate;
(3) one legislator who is a member of the house of representatives judiciarycommitteeshall be appointed by the speaker of the house of representatives;
(4) one legislator who is a member of the house of representatives judiciarycommitteeshall be appointed by the minority leader of the house of representatives;
(5) one member of the judicial branch appointed by the chief justice of thesupremecourt;
(6) one member of the law enforcement community appointed by the attorneygeneral;
(7) one defense attorney or public defender appointed by the governor;
(8) one county attorney or district attorney appointed by the Kansas countyand districtattorney association;
(9) a professor of law from the university of Kansas school of law and aprofessor fromWashburn university school of law appointed by the deans of such schools;
(10) two members of the Kansas judicial council criminal law advisorycommitteeappointed by the criminal law advisory committee;
(11) one district court judge appointed by the Kansas district judgesassociation;
(12) a member of the Kansas sentencing commission appointed by the Kansassentencingcommission;
(13) the attorney general or the attorney general's designee; and
(14) the secretary of corrections or the secretary's designee.
(d) The members of the commission shall elect officers from among its membersnecessary to discharge its duties.
(e) Each member of the commission shall receive compensation, subsistenceallowances,mileage and other expenses as provided for in K.S.A. 75-3223, and amendmentsthereto, exceptthat the public members of the commission shall receive compensation in theamount providedfor legislators pursuant to K.S.A. 75-3212, and amendments thereto, for eachday or part thereofactually spent on commission activities. No per diem compensation shall be paidunder thissubsection to salaried state, county or city officers or employees, except thatthe legislativemembers shall receive compensation as provided in K.S.A. 75-3212, andamendments thereto.
(f) The commission shall have the authority to:
(1) Organize and appoint such task forces or subcommittees as may be deemednecessaryto discharge such commission's duties;
(2) accept grants, gifts and other appropriation of funds;
(3) hire and employ staff persons; and
(4) contract for the services of persons, organizations and agenciesnecessary for thedischarge of the commission's duties.
(g) The commission shall work with the department of corrections and theKansassentencing commission and review studies and findings of the Kansas sentencingcommissionconcerning proportionality of sentencing.
(h) The commission shall prepare and submit an interim report to thelegislature on orbefore February 1, 2008 and February 1, 2009. A final report andrecommendations shall besubmitted to the legislature on or before January 11, 2010.
(i) The staff of the office of the revisor of statutes and legislativeresearch departmentshall provide such assistance as may be requested by the commission and to theextent authorizedby the legislative coordinating council.
(j) The provisions of this section shall expire on July 1, 2010.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 48.--CRIME-RELATED COMMISSIONS
21-4801.Criminal code recodification commission;membership; powers and duties; reports.(a) There is hereby created the Kansas criminal coderecodificationcommission.
(b) The commission shall re-codify the Kansas criminal code by:
(1) Reviewing the American law institute model penal code, the criminal codesof otherstates, and other criminal law study resources, and making recommendationsconcerningproposed modifications, amendments and additions to the code.
(2) Analyzing and reviewing all criminal statutes and making recommendationsforlegislation that would ensure that the sentences are appropriate andproportionate to othersentences imposed for criminal offenses, with particular emphasis on thesentencing guidelinesgrid for drug crimes.
(3) Reviewing and determining the severity of the Kansas sentencing policiesin relationto other states and review possible adjustments which may relieve or eliminateprison capacityissues in Kansas.
(4) Studying and making recommendations concerning the statutory definitionsof crimesand criminal penalties and evaluate whether certain criminal conduct may becombined into onecriminal statute, thus alleviating any potential problems of having twostatutes prohibiting thesame criminal conduct.
(5) Studying and making revisions to clarify the code to facilitate just andexpedientresolution of criminal prosecutions and resolve or prevent statutory conflicts.
(c) The commission shall be made up of the following members:
(1) One legislator who is a member of the senate judiciary committee shall beappointedby the president of the senate;
(2) one legislator who is a member of the senate judiciary committee shall beappointedby the minority leader of the senate;
(3) one legislator who is a member of the house of representatives judiciarycommitteeshall be appointed by the speaker of the house of representatives;
(4) one legislator who is a member of the house of representatives judiciarycommitteeshall be appointed by the minority leader of the house of representatives;
(5) one member of the judicial branch appointed by the chief justice of thesupremecourt;
(6) one member of the law enforcement community appointed by the attorneygeneral;
(7) one defense attorney or public defender appointed by the governor;
(8) one county attorney or district attorney appointed by the Kansas countyand districtattorney association;
(9) a professor of law from the university of Kansas school of law and aprofessor fromWashburn university school of law appointed by the deans of such schools;
(10) two members of the Kansas judicial council criminal law advisorycommitteeappointed by the criminal law advisory committee;
(11) one district court judge appointed by the Kansas district judgesassociation;
(12) a member of the Kansas sentencing commission appointed by the Kansassentencingcommission;
(13) the attorney general or the attorney general's designee; and
(14) the secretary of corrections or the secretary's designee.
(d) The members of the commission shall elect officers from among its membersnecessary to discharge its duties.
(e) Each member of the commission shall receive compensation, subsistenceallowances,mileage and other expenses as provided for in K.S.A. 75-3223, and amendmentsthereto, exceptthat the public members of the commission shall receive compensation in theamount providedfor legislators pursuant to K.S.A. 75-3212, and amendments thereto, for eachday or part thereofactually spent on commission activities. No per diem compensation shall be paidunder thissubsection to salaried state, county or city officers or employees, except thatthe legislativemembers shall receive compensation as provided in K.S.A. 75-3212, andamendments thereto.
(f) The commission shall have the authority to:
(1) Organize and appoint such task forces or subcommittees as may be deemednecessaryto discharge such commission's duties;
(2) accept grants, gifts and other appropriation of funds;
(3) hire and employ staff persons; and
(4) contract for the services of persons, organizations and agenciesnecessary for thedischarge of the commission's duties.
(g) The commission shall work with the department of corrections and theKansassentencing commission and review studies and findings of the Kansas sentencingcommissionconcerning proportionality of sentencing.
(h) The commission shall prepare and submit an interim report to thelegislature on orbefore February 1, 2008 and February 1, 2009. A final report andrecommendations shall besubmitted to the legislature on or before January 11, 2010.
(i) The staff of the office of the revisor of statutes and legislativeresearch departmentshall provide such assistance as may be requested by the commission and to theextent authorizedby the legislative coordinating council.
(j) The provisions of this section shall expire on July 1, 2010.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 48.--CRIME-RELATED COMMISSIONS
21-4801.Criminal code recodification commission;membership; powers and duties; reports.(a) There is hereby created the Kansas criminal coderecodificationcommission.
(b) The commission shall re-codify the Kansas criminal code by:
(1) Reviewing the American law institute model penal code, the criminal codesof otherstates, and other criminal law study resources, and making recommendationsconcerningproposed modifications, amendments and additions to the code.
(2) Analyzing and reviewing all criminal statutes and making recommendationsforlegislation that would ensure that the sentences are appropriate andproportionate to othersentences imposed for criminal offenses, with particular emphasis on thesentencing guidelinesgrid for drug crimes.
(3) Reviewing and determining the severity of the Kansas sentencing policiesin relationto other states and review possible adjustments which may relieve or eliminateprison capacityissues in Kansas.
(4) Studying and making recommendations concerning the statutory definitionsof crimesand criminal penalties and evaluate whether certain criminal conduct may becombined into onecriminal statute, thus alleviating any potential problems of having twostatutes prohibiting thesame criminal conduct.
(5) Studying and making revisions to clarify the code to facilitate just andexpedientresolution of criminal prosecutions and resolve or prevent statutory conflicts.
(c) The commission shall be made up of the following members:
(1) One legislator who is a member of the senate judiciary committee shall beappointedby the president of the senate;
(2) one legislator who is a member of the senate judiciary committee shall beappointedby the minority leader of the senate;
(3) one legislator who is a member of the house of representatives judiciarycommitteeshall be appointed by the speaker of the house of representatives;
(4) one legislator who is a member of the house of representatives judiciarycommitteeshall be appointed by the minority leader of the house of representatives;
(5) one member of the judicial branch appointed by the chief justice of thesupremecourt;
(6) one member of the law enforcement community appointed by the attorneygeneral;
(7) one defense attorney or public defender appointed by the governor;
(8) one county attorney or district attorney appointed by the Kansas countyand districtattorney association;
(9) a professor of law from the university of Kansas school of law and aprofessor fromWashburn university school of law appointed by the deans of such schools;
(10) two members of the Kansas judicial council criminal law advisorycommitteeappointed by the criminal law advisory committee;
(11) one district court judge appointed by the Kansas district judgesassociation;
(12) a member of the Kansas sentencing commission appointed by the Kansassentencingcommission;
(13) the attorney general or the attorney general's designee; and
(14) the secretary of corrections or the secretary's designee.
(d) The members of the commission shall elect officers from among its membersnecessary to discharge its duties.
(e) Each member of the commission shall receive compensation, subsistenceallowances,mileage and other expenses as provided for in K.S.A. 75-3223, and amendmentsthereto, exceptthat the public members of the commission shall receive compensation in theamount providedfor legislators pursuant to K.S.A. 75-3212, and amendments thereto, for eachday or part thereofactually spent on commission activities. No per diem compensation shall be paidunder thissubsection to salaried state, county or city officers or employees, except thatthe legislativemembers shall receive compensation as provided in K.S.A. 75-3212, andamendments thereto.
(f) The commission shall have the authority to:
(1) Organize and appoint such task forces or subcommittees as may be deemednecessaryto discharge such commission's duties;
(2) accept grants, gifts and other appropriation of funds;
(3) hire and employ staff persons; and
(4) contract for the services of persons, organizations and agenciesnecessary for thedischarge of the commission's duties.
(g) The commission shall work with the department of corrections and theKansassentencing commission and review studies and findings of the Kansas sentencingcommissionconcerning proportionality of sentencing.
(h) The commission shall prepare and submit an interim report to thelegislature on orbefore February 1, 2008 and February 1, 2009. A final report andrecommendations shall besubmitted to the legislature on or before January 11, 2010.
(i) The staff of the office of the revisor of statutes and legislativeresearch departmentshall provide such assistance as may be requested by the commission and to theextent authorizedby the legislative coordinating council.
(j) The provisions of this section shall expire on July 1, 2010.
