HOUSE BILL No. 2025

      An Act concerning crimes and punishments and criminal procedure; relating to the crime
      of inflicting harm, disability or death to certain dogs; relating to counsel and other
      defense services to indigent defendants; relating to time limitations on prosecutions for
      certain crimes; concerning bail forfeiture; amending K.S.A. 20-350, 21-4318 and 22-
      4507 and K.S.A. 1997 Supp. 21-3106 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 21-4318 is hereby amended to read as follows:
21-4318. (a) Inflicting harm, disability or death to a police or arson dog
is knowingly and intentionally, and without lawful cause or justification
poisoning, inflicting great bodily harm, permanent disability or death,
upon a police or arson dog.

    (b) As used in this section, the term:

    (1) ``Arson dog'' means any dog which is owned, or the service of
which is employed, by the state fire marshal or a fire department for the
principal purpose of aiding in the detection of liquid accelerants in the
investigation of fires.

    (2) ``Fire department'' means a public fire department under the con-
trol of the governing body of a city, township, county, fire district or
benefit district or a private fire department operated by a nonprofit cor-
poration providing fire protection services for a city, township, county,
fire district or benefit district under contract with the governing body of
the city, township, county or district.

    (3) ``Police dog'' means any dog which is owned, or the service of
which is employed, by a law enforcement agency for the principal purpose
of aiding in the detection of criminal activity, enforcement of laws or
apprehension of offenders.

    (c) Inflicting harm, disability or death to a police or arson dog is a
class A nonperson misdemeanor.

    (d) This section shall be part of and supplemental to the Kansas crim-
inal code.

    Sec. 2. K.S.A. 1997 Supp. 21-3106 is hereby amended to read as
follows: 21-3106. (1) A prosecution for murder may be commenced at
any time.

    (2) Except as provided by subsection (7) (8), a prosecution for any of
the following crimes must be commenced within five years after its com-
mission if the victim is less than 16 years of age: (a) Indecent liberties
with a child as defined in K.S.A. 21-3503 and amendments thereto; (b)
aggravated indecent liberties with a child as defined in K.S.A. 21-3504
and amendments thereto; (c) enticement of a child as defined in K.S.A.
21-3509 and amendments thereto; (d) indecent solicitation of a child as
defined in K.S.A. 21-3510 and amendments thereto; (e) aggravated in-
decent solicitation of a child as defined in K.S.A. 21-3511 and amend-
ments thereto; (f) sexual exploitation of a child as defined in K.S.A. 21-
3516 and amendments thereto; or (g) aggravated incest as defined in
K.S.A. 21-3603 and amendments thereto.

    (3) Except as provided in subsection (7) (8), a prosecution for any
crime must be commenced within 10 years after its commission if the
victim is the Kansas public employees retirement system.

    (4) Except as provided by subsection (7) (8), a prosecution for rape,
as defined in K.S.A. 21-3502 and amendments thereto, or aggravated
criminal sodomy, as defined in K.S.A. 21-3506 and amendments thereto,
must be commenced within five years after its commission.

    (5) Except as provided in subsection (7) (8), a prosecution for any
crime found in the Kansas medicaid fraud control act must be com-
menced within five years after its commission.

    (6) Except as provided by subsection (8), a prosecution for the crime
of arson, as defined in K.S.A. 21-3718 and amendments thereto, or ag-
gravated arson, as defined in K.S.A. 21-3719 and amendments thereto,
must be commenced within five years after its commission.

    (7) Except as provided by subsection (7) (8), a prosecution for any
crime not governed by subsections (1), (2), (3), (4) and, (5) and (6) must
be commenced within two years after it is committed.

    (7) The period within which a prosecution must be commenced shall
not include any period in which:

    (a) The accused is absent from the state;

    (b) the accused is concealed within the state so that process cannot
be served upon the accused;

    (c) the fact of the crime is concealed;

    (d) a prosecution is pending against the defendant for the same con-
duct, even if the indictment or information which commences the pros-
ecution is quashed or the proceedings thereon are set aside, or are re-
versed on appeal;

    (e) an administrative agency is restrained by court order from inves-
tigating or otherwise proceeding on a matter before it as to any criminal
conduct defined as a violation of any of the provisions of article 41 of
chapter 25 and article 2 of chapter 46 of the Kansas Statutes Annotated
which may be discovered as a result thereof regardless of who obtains
the order of restraint; or

    (f) whether or not the fact of the crime is concealed by the active act
or conduct of the accused, there is substantially competent evidence to
believe two or more of the following factors are present: (i) The victim
was a child under 15 years of age at the time of the crime; (ii) the victim
was of such age or intelligence that the victim was unable to determine
that the acts constituted a crime; (iii) the victim was prevented by a parent
or other legal authority from making known to law enforcement author-
ities the fact of the crime whether or not the parent or other legal au-
thority is the accused; and (iv) there is substantially competent expert
testimony indicating the victim psychologically repressed such witness'
memory of the fact of the crime, and in the expert's professional opinion
the recall of such memory is accurate and free of undue manipulation,
and substantial corroborating evidence can be produced in support of the
allegations contained in the complaint or information but in no event may
a prosecution be commenced as provided in this section later than the
date the victim turns 28 years of age. Corroborating evidence may in-
clude, but is not limited to, evidence the defendant committed similar
acts against other persons or evidence of contemporaneous physical man-
ifestations of the crime. ``Parent or other legal authority'' shall include
but not be limited to natural and stepparents, grandparents, aunts, uncles
or siblings.

    (8) An offense is committed either when every element occurs, or, if
a legislative purpose to prohibit a continuing offense plainly appears, at
the time when the course of conduct or the defendant's complicity therein
is terminated. Time starts to run on the day after the offense is committed.

    (9) A prosecution is commenced when a complaint or information is
filed, or an indictment returned, and a warrant thereon is delivered to
the sheriff or other officer for execution. No such prosecution shall be
deemed to have been commenced if the warrant so issued is not executed
without unreasonable delay.

    New Sec. 3. The clerk of the district court shall remit at least
monthly to the county treasurer of each county in the judicial district,
and the county treasurer shall deposit the same to the credit of the county
general fund, the amount equal to 40% of the total amount of bail for-
feitures received in such county during the preceding calendar month.

    Sec. 4. K.S.A. 20-350 is hereby amended to read as follows: 20-350.
(a) Except for fines and penalties authorized to be paid to counties pur-
suant to K.S.A. 19-101e and amendments thereto, and subsection (b), and
amendments thereto, all moneys received by the clerk of the district court
from the payment of fines, penalties and forfeitures shall be remitted to
the state treasurer, in the manner provided by K.S.A. 20-2801 and amend-
ments thereto, and the state treasurer shall deposit the same in the state
treasury to the credit of the state general fund, except as provided in
K.S.A. 74-7336, and amendments thereto.

    (b) Except as provided by section 3, all moneys received by the clerk
of the district court from the payment of bail forfeitures shall be remitted
to the state treasurer at least monthly. The state treasurer shall deposit
the same in the state treasury and shall credit equal portions of such
remittance to the indigents' defense services fund and the state general
fund.

    (b) (c) The administrative judge may invest any moneys on deposit
in the district court account if the moneys are not immediately required
for the purposes for which they were collected or received. Such moneys
may be invested in: (1) Time deposits, open account or certificates of
deposit, for periods not to exceed six months, or savings deposits, in com-
mercial banks located in the county, except that amounts invested which
are not insured by the United States government shall be secured in the
manner and amounts provided by K.S.A. 9-1402 and amendments
thereto; (2) United States treasury bills or notes with maturities not to
exceed six months; or (3) savings and loan associations located in the
county. No investment of more than the amount insured by the federal
deposit insurance corporation shall be made in any one savings and loan
association. Interest received from the investment of moneys pursuant to
this subsection shall be paid to the state treasurer in the manner provided
by K.S.A. 20-2801 and amendments thereto, and the state treasurer shall
deposit the same in the state treasury to the credit of the state general
fund.

    (c) (d) Upon application of a party to an action in which such party
claims ownership of moneys held by the district court, the administrative
judge may invest such moneys in the same manner as provided by sub-
section (b) (c). Interest received from the investment of moneys pursuant
to this subsection shall become the property of the person found to be
the owner of the moneys.

    Sec. 5. K.S.A. 22-4507 is hereby amended to read as follows: 22-
4507. (a) An attorney, other than a public defender or assistant public
defender or contract counsel, who performs services for an indigent per-
son, as provided by this act, shall at the conclusion of such service or any
part thereof be entitled to compensation for such services and to be re-
imbursed for expenses reasonably incurred by such person in performing
such services. Compensation for services shall be paid in accordance with
standards and guidelines contained in rules and regulations adopted by
the state board of indigents' defense services under this section.

    (b) Claims for compensation and reimbursement shall be certified by
the claimant and shall be presented to the court at sentencing. A supple-
mental claim may be filed at such later time as the court may in the interest
of justice determine if good cause is shown why the claim was not pre-
sented at sentencing. In accordance with standards and guidelines
adopted by the state board of indigents' defense services under this sec-
tion, all such claims shall be reviewed and approved by one or more judges
of the district court before whom the service was performed, or, in the
case of proceedings in the court of appeals, by the chief judge of the court
of appeals and in the case of proceedings in the supreme court, by the
departmental justice for the department in which the appeal originated.
Each claim shall be supported by a written statement, specifying in detail
the time expended, the services rendered, the expenses incurred in con-
nection with the case and any other compensation or reimbursement
received. When properly certified and reviewed and approved, each claim
for compensation and reimbursement shall be filed in the office of the
state board of indigents' defense services. If the claims meet the standards
established by the board, the board shall authorize payment of the claim.

    (c) If the state board of indigents' defense services determines that
the appropriations for indigents' defense services or the moneys allocated
by the board for a county or judicial district will be insufficient in any
fiscal year to pay in full claims filed and reasonably anticipated to be filed
in such year under this section, the board may adopt a formula for pro-
rating the payment of pending and anticipated claims under this section.

    (d) The state board of indigents' defense services may make expend-
itures for payment of claims filed under this section from appropriations
for the current fiscal year regardless of when the services were rendered.

    (e) The state board of indigents' defense services shall adopt rules
and regulations prescribing standards and guidelines governing the filing,
processing and payment of claims under this section.

    Sec. 6. K.S.A. 20-350, 21-4318 and 22-4507 and K.S.A. 1997 Supp.
21-3106 are hereby repealed.

    Sec. 7. This act shall take effect and be in force from and after its
publication in the Kansas register.

I hereby certify that the above Bill originated in the
House, and passed that body

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House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

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President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

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Governor.