Kan. Stat. § 21-6812

Current through 2024 Session Acts Chapter 111
Section 21-6812 - Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions

The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or to a lesser or related offense, the prosecutor may do any of the following:

(a) Move for dismissal of other charges or counts;
(b) recommend a particular sentence within the sentencing range applicable to the offense or to the offense to which the offender pled guilty;
(c) recommend a particular sentence outside of the sentencing range only when departure factors exist and such factors are stated on the record;
(d) agree to file a particular charge or count;
(e) agree not to file charges or counts; or
(f) make any other promise to the defendant, except that the prosecutor shall not enter into any agreement to decline to use a prior drug conviction of the defendant to elevate or enhance the severity level of a drug crime as provided in K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto, or make any agreement to exclude any prior conviction from the criminal history of the defendant.

K.S.A. 21-6812

L. 1992, ch. 239, § 13; L. 1994, ch. 291, § 56; L. 1994, ch. 338, § 11; L. 2009, ch. 32, § 36; July 1; L. 2010, ch. 136, § 293, 7/1/2011.