Providing that prior convictions of a crime that is determined unconstitutional by an appellate court shall not be used for criminal history scoring purposes unless the basis of the determination of unconstitutionality by the appellate court is later overruled or reversed.

HB 2401 modifies Kansas sentencing guidelines to prevent using prior convictions for crimes later deemed unconstitutional by a higher court in criminal history scoring. It directly affects individuals with prior convictions for laws invalidated by appellate courts, ensuring those convictions no longer impact sentencing severity. The bill adds a specific provision to Kansas law (K.S.A. 21-6810) stating such prior convictions cannot be counted unless the court’s ruling on unconstitutionality is later reversed by the Kansas Supreme Court or U.S. Supreme Court. This change applies to all future sentencing cases where the prior conviction stems from a statute found unconstitutional. The bill does not alter current sentences but prevents the use of these invalidated convictions in calculating criminal history scores.