21-4635. Sentencing of certain persons to mandatory term of imprisonment of 40 or 50 years or life without the possibility of parole; determination; evidence presented; balance of aggravating and miti
21-4635
21-4635. Sentencing of certain persons to mandatoryterm of imprisonment of 40 or 50 years or life without the possibility ofparole; determination; evidence presented; balance of aggravating andmitigating circumstances.(a) Except as provided in K.S.A. 21-4622, 21-4623 and 21-4634 and amendmentsthereto, if a defendant is convicted of the crime of capital murder and asentence of death is not imposed pursuant to subsection (e) of K.S.A. 21-4624,and amendments thereto, or requested pursuant to subsection (a) or (b) ofK.S.A. 21-4624, and amendments thereto, the defendant shall be sentenced tolife without the possibility of parole.
(b) If a defendant is convicted of murder in the first degree based upon thefinding of premeditated murder, the court shall determine whether the defendantshall be required to serve a mandatory term of imprisonment of 40 years or forcrimes committed on and after July 1, 1999, a mandatory term of imprisonment of50 years or sentenced as otherwise provided by law.
(c) In order to make such determination, the court may be presented evidenceconcerning any matter that the court deems relevant to the question of sentenceand shall include matters relating to any of the aggravating circumstancesenumerated in K.S.A. 21-4636 and amendments thereto and any mitigatingcircumstances. Any such evidence which the court deems to have probative valuemay be received regardless of its admissibility under the rules of evidence,provided that the defendant is accorded a fair opportunity to rebut any hearsaystatements. Only such evidence of aggravating circumstances as the state hasmade known to the defendant prior to the sentencing 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 thetime of sentencing shall be admissible against the defendant at any subsequentcriminal proceeding. At the conclusion of the evidentiary presentation, thecourt shall allow the parties a reasonable period of time in which to presentoral argument.
(d) If the court finds that one or more of the aggravating circumstancesenumerated in K.S.A. 21-4636 and amendments thereto exist and, further,that the existence of such aggravating circumstances is not outweighed byany mitigating circumstances which are found to exist, the defendant shallbe sentenced pursuant to K.S.A. 21-4638 and amendments thereto; otherwise,the defendant shall be sentenced as provided by law. The court shalldesignate, in writing, the statutory aggravating circumstances which itfound. The court may make the findings required by this subsection for thepurpose of determining whether to sentence a defendant pursuant to K.S.A.21-4638 and amendments thereto notwithstanding contrary findings made bythe jury or court pursuant to subsection (e) of K.S.A. 21-4624 and amendmentsthereto for the purpose of determining whether to sentence suchdefendant to death.
History: L. 1994, ch. 341, § 6;L. 1999, ch. 164, § 15;L. 2004, ch. 102, § 4; July 1.