21-4618. Mandatory imprisonment for crimes involving firearms; crimes committed prior to July 1, 1993.

21-4618

Chapter 21.--CRIMES AND PUNISHMENTS
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING

      21-4618.   Mandatory imprisonment for crimes involving firearms; crimescommitted prior to July 1, 1993.(a) Except as provided in subsection (c), probation,assignment to acommunity correctional services programor suspension of sentence shall not be granted to anydefendant who is convicted of the commission of the crime of rape, thecrime of aggravated sodomy or any crime set out in article 34 of chapter21 of the Kansas Statutes Annotated in which the defendant used anyfirearm in the commission thereof and such defendant shall be sentencedto not less than the minimum sentence of imprisonment authorized by lawfor that crime. Thissection shall not apply to anycrime committed by a person under 18 years of age.

      (b)   When a court has sentenced a defendant as provided above,thecourt shall state in thesentencing order of the judgment form or journal entry, whichever is deliveredwith the defendant to the correctional institution, that the defendant hasbeen sentenced pursuant to this K.S.A. 21-4618 and amendments thereto based onafinding by the court that a firearm was so used.

      (c)   The provisions of this section shall not apply to any crimecommitted by a person where such application would result in a manifestinjustice.

      (d)   The provisions of this section shall not apply to any crime committedon or after July 1, 1993.

      History:   L. 1976, ch. 168, § 1; L. 1979, ch. 94, § 1; L.1979, ch. 90, § 6; L. 1980, ch. 104, § 3;L. 1986, ch. 123, § 15;L. 1989, ch. 92, § 26;L. 1992, ch. 239, § 246; July 1, 1993.