21-4504. Conviction of second and subsequent felonies; exceptions.
21-4504
21-4504. Conviction of second and subsequent felonies; exceptions.(a) If a defendant is convicted of a felony specified in article 34, 35or 36 of chapter 21 of Kansas Statutes Annotated,the punishmentfor which is confinement in the custody of the secretary of correctionsafter having previously been convicted of any such felony or comparablefelony under the laws of another state, the federal government or a foreigngovernment,the trial judge may sentence the defendantas follows, upon motion of the prosecuting attorney:
(1) The court may fix a minimum sentence of not less than the leastnor more than twice the greatest minimum sentence authorized by K.S.A.21-4501 and amendments thereto, for the crime for which the defendant isconvicted; and
(2) the court may fix a maximum sentence of not less than the leastnor more than twice the greatest maximum sentence provided for the crime byK.S.A.21-4501 and amendments thereto.
(b) If a defendant is convicted of a felony specified in article 34,35 or 36 of chapter 21 of Kansas Statutes Annotated; having been convictedat least twice before for any such felonyoffenses or comparable felony offenses under the laws of another state, thefederal government or a foreign government, thetrial judge shall sentence the defendant as follows, upon motion ofthe prosecuting attorney:
(1) The court shall fix a minimum sentence of not less than the greatestnor more than three times the greatest minimum sentence authorized for thecrime for which the defendant is convicted byK.S.A. 21-4501 and amendments thereto; and
(2) the court may fix a maximum sentence of not less than the leastnor more than three times the greatest maximum sentence provided for thecrime byK.S.A. 21-4501 and amendments thereto.
(c) If a defendant is convicted of a felony other than a felonyspecified in article 34, 35 or 36 of chapter 21 of Kansas StatutesAnnotated,having been convicted at least twice before for any such felonyoffenses or comparable felony offenses under the laws of another state, thefederal government or a foreign government, the trial judge shall sentencethedefendant as follows, upon motion of the prosecuting attorney:
(1) The court shall fix a minimum sentence of not less than the greatestnor more than two times the greatest minimum sentence authorized for thecrime for which the defendant is convicted by K.S.A.21-4501 and amendments thereto; and
(2) the court may fix a maximum sentence of not less than the least normore than two times the greatest maximum sentence provided for the crime byK.S.A.21-4501 and amendments thereto.
(d) If any portion of a sentence imposed under K.S.A.21-107a, and amendments thereto, or under this section, is determinedto be invalid by any court because a prior felony conviction is itselfinvalid, upon resentencing the court may consider evidence of any otherprior felony conviction that could have been utilized under K.S.A.21-107a, and amendments thereto, or under this section, at the timethe original sentence was imposed, whether or not it was introduced atthat time, except that if the defendant was originally sentenced as asecond offender, the defendant shall not be resentenced as a thirdoffender.
(e) The provisions of this section shall not be applicable to:
(1) Any person convicted of afelony of which a priorconviction of a felony is a necessary element;
(2) anyperson convicted of a felony for which a prior convictionof such felony is considered in establishing the class of felony forwhich the person may be sentenced; or
(3) any felony committed on or after July 1, 1993.
(f) A judgment may be rendered pursuant to this section only after thecourt finds from competent evidence the fact of former convictions forfelony committed by the prisoner, in or out of the state.
History: L. 1969, ch. 180, § 21-4504; L. 1970, ch. 124, § 10; L.1973, ch.141, § 1; L. 1978, ch. 120, § 4; L. 1982, ch. 137, § 2;L. 1989, ch. 92, § 23;L. 1990, ch. 100, § 4;L. 1992, ch. 239, § 235;L. 1993, ch. 291, § 180; July 1.