21-6707. Mandatory imprisonment for crimes involving firearms. (a) Except as provided in subsection (c), probation, assignment to a community correctional services program or suspension of sentence shall not be granted to any defendant who is convicted of the commission of the crime of rape, the crime of aggravated sodomy or any crime set out in article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, in which the defendant used any firearm in the commission thereof and such defendant shall be sentenced to not less than the minimum sentence of imprisonment authorized by law for that crime. This section shall not apply to any crime committed by a person under 18 years of age.
(b) When a court has sentenced a defendant as provided above, the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced pursuant to this section based on a finding by the court that a firearm was so used.
(c) The provisions of this section shall not apply to any crime committed by a person where such application would result in a manifest injustice.
(d) The provisions of this section shall not apply to any crime committed on or after July 1, 1993.
History: L. 2010, ch. 136, ยง 276; July 1, 2011.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993
21-6701 Classes of felonies and terms of imprisonment; crimes committed prior to July 1, 1993.
21-6702 Authorized disposition; crimes committed prior to July 1, 1993.
21-6703 Presentence investigation and report.
21-6704 Availability of reports to counsel; exception.
21-6705 Criteria for fixing minimum terms.
21-6706 Conviction of second and subsequent felonies; exceptions.
21-6707 Mandatory imprisonment for crimes involving firearms.
21-6708 Presumptive sentence of probation for certain class D or E felons.