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AN ACT concerning crimes and punishment; relating to deceptive com-
  mercial practices; time limitations; penalties; amending K.S.A. 21-4403
  and K.S.A. 1996 Supp. 21-3106 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 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 in subsection (8), a prosecution for a deceptive
trade commercial practice as defined in K.S.A. 21-4403 and amendments
thereto must be commenced within five years after its commission.
  (7)  Except as provided by subsection (7) (8), a prosecution for any
SB 261--Am.
                                     

 1  crime not governed by subsections (1), (2), (3), (4) and, (5) and (6) must
 2  be commenced within two years after it is committed.
 3    (7)(8)  The period within which a prosecution must be commenced
 4  shall not include any period in which:
 5    (a)  The accused is absent from the state;
 6    (b)  the accused is concealed within the state so that process cannot
 7  be served upon the accused;
 8    (c)  the fact of the crime is concealed;
 9    (d)  a prosecution is pending against the defendant for the same con-
10  duct, even if the indictment or information which commences the pros-
11  ecution is quashed or the proceedings thereon are set aside, or are re-
12  versed on appeal;
13    (e)  an administrative agency is restrained by court order from inves-
14  tigating or otherwise proceeding on a matter before it as to any criminal
15  conduct defined as a violation of any of the provisions of article 41 of
16  chapter 25 and article 2 of chapter 46 of the Kansas Statutes Annotated
17  which may be discovered as a result thereof regardless of who obtains
18  the order of restraint; or
19    (f)  whether or not the fact of the crime is concealed by the active act
20  or conduct of the accused, there is substantially competent evidence to
21  believe two or more of the following factors are present: (i) The victim
22  was a child under 15 years of age at the time of the crime; (ii) the victim
23  was of such age or intelligence that the victim was unable to determine
24  that the acts constituted a crime; (iii) the victim was prevented by a parent
25  or other legal authority from making known to law enforcement author-
26  ities the fact of the crime whether or not the parent or other legal au-
27  thority is the accused; and (iv) there is substantially competent expert
28  testimony indicating the victim psychologically repressed such witness'
29  memory of the fact of the crime, and in the expert's professional opinion
30  the recall of such memory is accurate and free of undue manipulation,
31  and substantial corroborating evidence can be produced in support of the
32  allegations contained in the complaint or information but in no event may
33  a prosecution be commenced as provided in this section later than the
34  date the victim turns 28 years of age. Corroborating evidence may in-
35  clude, but is not limited to, evidence the defendant committed similar
36  acts against other persons or evidence of contemporaneous physical man-
37  ifestations of the crime. ``Parent or other legal authority'' shall include
38  but not be limited to natural and stepparents, grandparents, aunts, uncles
39  or siblings.
40    (8)(9)  An offense is committed either when every element occurs, or,
41  if a legislative purpose to prohibit a continuing offense plainly appears,
42  at the time when the course of conduct or the defendant's complicity
43  therein is terminated. Time starts to run on the day after the offense is
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 1  committed.
 2    (9)(10)  A prosecution is commenced when a complaint or informa-
 3  tion is filed, or an indictment returned, and a warrant thereon is delivered
 4  to the sheriff or other officer for execution. No such prosecution shall be
 5  deemed to have been commenced if the warrant so issued is not executed
 6  without unreasonable delay.
 7    Sec. 2.  K.S.A. 21-4403 is hereby amended to read as follows: 21-
 8  4403. (a) A deceptive commercial practice is the act, use or employment
 9  by any person of any deception, fraud, false pretense, false promise, or
10  knowing misrepresentation or omission of a material fact, with the intent
11  that others shall rely thereon in connection with the sale of any mer-
12  chandise, whether or not any person has in fact been misled, deceived or
13  damaged thereby.
14    (b)  The following definitions shall be applicable to this section:
15    (1)  ``Merchandise'' means any objects, wares, goods, commodities,
16  intangibles, real estate or services.
17    (2)  ``Person'' means any natural person or his such person's legal rep-
18  resentative, partnership, corporation (domestic or foreign), company,
19  trust, business entity or association, and any agent, employee, salesman,
20  partner, officer, director, member, stockholder, associate, trustee or ces-
21  tui que trust thereof.
22    (3)  ``Sale'' means any lease, assignment, sale, offer for sale, or attempt
23  to sell any merchandise for any consideration.
24    (c)  This section shall not apply to the owner or publisher of any news-
25  paper, magazine, or other printed matter wherein an advertisement ap-
26  pears, or to the owner or operator of a radio or television station which
27  disseminates an advertisement, when such owner, publisher or operator
28  had no knowledge of the intent, design or purpose of the advertisement.
29    (d)(1)  A deceptive commercial practice is a class B nonperson mis-
30  demeanor. of the value of $25,000 or more is a severity level 7, nonperson
31  felony.
32    (2)  A deceptive commercial practice of the value of at least $500 but
33  less than $25,000 is a severity level 9, nonperson felony.
34    (3)  A deceptive commercial practice of the value of less than $500 is
35  a class A nonperson misdemeanor.
36    (e)  It shall be the duty of each district attorney and county attorney
37  in their respective jurisdiction to commence any criminal actions under
38  this section, and the attorney general shall have concurrent original ju-
39  risdiction to commence such criminal actions throughout the state where
40  such violations have occurred.
41    Sec. 3.  K.S.A. 21-4403 and K.S.A. 1996 Supp. 21-3106 are hereby
42  repealed.
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 1    Sec. 4.  This act shall take effect and be in force from and after its
 2  publication in the statute book.