Page 13

HOUSE BILL No. 2029—page 13 enforcement officer is a statutory element of such offense. (z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments thereto, or any other provision of law to the contrary, the sentence for a violation of criminal possession of a weapon by a convicted felon as defined in K.S.A. 21-6304, and amendments thereto, shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed if the trier of fact makes a finding beyond a reasonable doubt that: (A) The weapon the offender possessed during such violation was a firearm; and (B) such firearm was used by the offender during the commission of any violent felony. (2) The sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal. No other sentence shall be permitted. (3) The provisions of this subsection shall not apply to an offender who is prohibited from possessing a weapon pursuant to K.S.A. 21- 6304, and amendments thereto, as a result of a juvenile adjudication. (4) As used in this subsection, "violent felony" means any of the following: (A) Capital murder, as defined in K.S.A. 21-5401, and amendments thereto; (B) murder in the first degree, as defined in K.S.A. 21-5402, and amendments thereto; (C) murder in the second degree, as defined in K.S.A. 21-5403, and amendments thereto; (D) voluntary manslaughter, as defined in K.S.A. 21-5404, and amendments thereto; (E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto; (F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and amendments thereto, and aggravated assault of a law enforcement officer, as defined in K.S.A. 21-5412(d)(1), and amendments thereto; (G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or (b)(1)(B), and amendments thereto, and aggravated battery against a law enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2), and amendments thereto; (H) mistreatment of a dependent adult or mistreatment of an elder person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto; (I) rape, as defined in K.S.A. 21-5503, and amendments thereto; (J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto; (K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3), and amendments thereto; (L) any felony offense described in K.S.A. 21-5703 or 21-5705, and amendments thereto; (M) treason, as defined in K.S.A. 21-5901, and amendments thereto; (N) criminal discharge of a firearm, as defined in K.S.A. 21- 6308(a)(1), and amendments thereto; (O) fleeing or attempting to elude a police officer, as defined in K.S.A. 8-1568(b), and amendments thereto; (P) any felony that includes the domestic violence designation pursuant to K.S.A. 22-4616, and amendments thereto; or (Q) any attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any felony offense defined in this subsection. (aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A) or (a)(1)(B), and amendments thereto, if the trier of fact makes a finding beyond a reasonable doubt that the offender discharged a firearm and that the offender knew or reasonably should have known that: