Current Events

State v. Murdock - HB 2053 Addresses Pre-1993 Prior Convictions and is Effective April 2, 2015

Apr 06, 2015
UPDATE:  On April 2, 2015 State V. Murdock Fix by Legislation in HB 2053- effective today:

The 2015 legislative fix for State v. Murdock became effective today. HB 2053 amends statutes governing the calculation of criminal history to specify that any prior adult felony conviction, prior misdemeanor, or prior juvenile adjudication for offenses committed before July 1, 1993, shall be scored as a person or nonperson crime using a comparable offense under the Kansas Criminal Code that was in effect on the date the current crime of conviction was committed. HB 2053 further provides that the law is effective upon publishing in the Kansas Register and is procedural in nature so it can be applied retroactively. The law is published on page 266 of the Register. The bill summary may be also be found here and the bill here.



UPDATE
: On September 19, 2014 the Kansas Supreme Court granted in part and denied in part the State's motion for modification as follows:


This court orders a modification to the sentence on page 9 of the slip opinions that states: "We recognize this rule results in the classification of all pre-1993 crimes as nonperson felonies - an outcome the State characterizes as unreasonable."  The sentence shall be modified to read:  "We recognize this rule results in the classification of all out-of-state pre-1993 crimes as nonperson felonies - an outcome the State characterizes as unreasonable."

Pursuant to this modification, in-state convictions committed prior to July 1, 1993 may still be classified as person felonies.


June 20, 2014

UPDATE:
No mandate has been issued by the Court as the Office of the Attorney General has recently filed a motion to reconsider the recent Supreme Court decision in State v. Murdock. Consequently, the Commission asks that these events be considered when reviewing the Murdock open letter issued to stakeholders on May 9, 2014.


On May 2, 2014, Kansas Supreme Court announced their holding in the case of

State v. Murdock.

No. 104,533. The Supreme Court majority opinion holds that any convictions which were committed prior to the enactment of the Kansas Sentencing Guidelines Act (KSGA) on July 1, 1993, must be designated as nonperson offenses for criminal history purposes.

  View the Open Letter to Criminal Justice Stakeholders.