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Kansas Statutes Annotated

K.S.A. § 21-4604 (2026)

✓ current as of May 2026
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21-4604.

History: L. 1969, ch. 180, § 21-4604; L. 1970, ch. 124, § 12; L. 1978, ch. 120, § 6; L. 1980, ch. 101, § 1; L. 1984, ch. 112, § 5; L. 1985, ch. 110, § 1; L. 1991, ch. 90, § 1; L. 1992, ch. 239, § 239; L. 1993, ch. 291, § 184; L. 1994, ch. 291, § 45; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 21 cases, 1974–2018 · leading case: Lodowski v. State, 490 A.2d 1228 (Md. 1986).
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Lodowski v. State, 490 A.2d 1228 (Md. 1986). · cites it 2× “1984-1985); Kan. Stat. Ann. § 21-4604 (2) (Supp. 1984); La.”
State v. Korbel, 647 P.2d 1301 (Kan. 1982). · cites it 2× “K.S.A. 21-4604 provides: “(1) . . . Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a probation officer or in accordance with K.”
State v. Rice, 430 P.3d 430 (Kan. 2018). · cites it 2× “In support, Rice cites K.S.A. 1992 Supp. 21-4604(1), which requires a PSI whenever a defendant is convicted of a felony: "Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court service officer or in…”
State v. Van Hoet, 89 P.3d 606 (Kan. 2004). ““After conviction and prior to sentence and as part of the presentence investigation authorized by K.S.A. 21-4604 and amendments thereto or for crimes committed on or after July 1,1993, a presentence investigation report as provided in K.”
State v. Wright, 646 P.2d 1128 (Kan. Ct. App. 1982). · cites it 9× “Defendant basically raises the following issues on this consolidated appeal: (1) Whether the provisions of K.S.A. 21-4604 regarding presentence investigation reports are mandatory; (2) whether a sentence imposed in violation of 21-4604 is void and illegal; (3) whether the…”
State v. Rome, 5 P.3d 515 (Kan. 2000). · cites it 2× “K.S.A. 21-4604(a) provides, in part: “Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court services officer or in accordance with K.”
State v. Lovelace, 607 P.2d 49 (Kan. 1980). “K.S.A. 1979 Supp. 21-4604(1) provides in part: “Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a probation officer or in accordance with K.”
State Ex Rel. Owens v. Hodge, 641 P.2d 399 (Kan. 1982). “In K.S.A. 21-4604 the legislature has provided that a court shall request a presentence investigation in every felony case unless the court finds that adequate and current information is available in a previous investigation report or from other sources.”
State v. Borders, 879 P.2d 620 (Kan. 1994). “*886 K.S.A. 1992 Supp. 21-4604 states in pertinent part: “Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court services officer or in accordance with K.”
State v. Schaeffer, 286 P.3d 889 (Kan. 2012). “He also advances the more specific claim that the judge’s consideration of statements Schaeffer made during the examination was error because Schaeffer did not receive Miranda warnings before making the statements.”
State v. James, 574 P.2d 181 (Kan. 1977). “Defendant concedes that K.S.A. 21-4604 which provides for a presentence investigation and re *113 port is discretionary with the sentencing judge.”
State v. Tolliver, 916 P.2d 725 (Kan. Ct. App. 1996). “There also is no provision in the KSGA which prohibits a defendant from misrepresenting his or her identity during a presentence investigation or which explains what happens when a defendant does so.”
Show all 21 citing cases →
— K.S.A. § 21-4604(1) — 4 cases
State v. Korbel, 647 P.2d 1301 (Kan. 1982). “K.S.A. 21-4604 provides: “(1) . . . Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a probation officer or in accordance with K.”
State v. Rice, 430 P.3d 430 (Kan. 2018). “In support, Rice cites K.S.A. 1992 Supp. 21-4604(1), which requires a PSI whenever a defendant is convicted of a felony: "Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court service officer or in…”
State v. Lovelace, 607 P.2d 49 (Kan. 1980). “K.S.A. 1979 Supp. 21-4604(1) provides in part: “Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a probation officer or in accordance with K.”
State v. Wright, 646 P.2d 1128 (Kan. Ct. App. 1982). “Defendant basically raises the following issues on this consolidated appeal: (1) Whether the provisions of K.S.A. 21-4604 regarding presentence investigation reports are mandatory; (2) whether a sentence imposed in violation of 21-4604 is void and illegal; (3) whether the…”
— K.S.A. § 21-4604(2) — 3 cases
Lodowski v. State, 490 A.2d 1228 (Md. 1986). “1984-1985); Kan. Stat. Ann. § 21-4604 (2) (Supp. 1984); La.”
State v. Rice, 430 P.3d 430 (Kan. 2018). “In support, Rice cites K.S.A. 1992 Supp. 21-4604(1), which requires a PSI whenever a defendant is convicted of a felony: "Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court service officer or in…”
State ex rel. Stephan v. Clark, 759 P.2d 119 (Kan. 1988).
— K.S.A. § 21-4604(2)(d) — 1 case
State v. Rucas, 734 P.2d 673 (Kan. Ct. App. 1987).
— K.S.A. § 21-4604(a) — 2 cases
State v. Rome, 5 P.3d 515 (Kan. 2000). “K.S.A. 21-4604(a) provides, in part: “Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court services officer or in accordance with K.”
State v. Sims, 887 P.2d 72 (Kan. 1994).
— K.S.A. § 21-4604(b) — 1 case
State v. Sims, 887 P.2d 72 (Kan. 1994).
— K.S.A. § 21-4604(b)(2) — 1 case
State v. Parks, 962 P.2d 486 (Kan. 1998).
— K.S.A. § 21-4604(b)(3) — 1 case
State v. Schaeffer, 286 P.3d 889 (Kan. 2012). “He also advances the more specific claim that the judge’s consideration of statements Schaeffer made during the examination was error because Schaeffer did not receive Miranda warnings before making the statements.”
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