Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions

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. History: L. 2010, ch. 136, § 293; July 1, 2011. Source or Prior Law: 21-4708(b)(2), 21-4713. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026