SB 291--Am. by H
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As Amended by House Committee
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As Amended by Senate Committee
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Session of 1997
SENATE BILL No. 291
By Special Committee on Judiciary
2-12
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12 AN ACT concerning criminal procedure; relating to registration of per-
13 sons who commit certain crimes; relating to discovery and inspec-
14 tion; amending K.S.A. 22-3212, 22-4901, 22-4902, 22-4905, 22-4906,
15 22-4908 and 22-4909 and K.S.A. 1996 Supp. 22-4904, 22-4907 and
16 45-221 and repealing the existing sections; also repealing K.S.A. 1996
17 Supp. 45-221d.
18
19 Be it enacted by the Legislature of the State of Kansas:
20 Section 1. K.S.A. 22-3212 is hereby amended to read as fol-
21 lows: 22-3212. (a) Upon request, the prosecuting attorney shall
22 permit the defendant to inspect and copy or photograph the fol-
23 lowing, if relevant: (1) Written or recorded statements or confes-
24 sions made by the defendant, or copies thereof, which are or have
25 been in the possession, custody or control of the prosecution, the
26 existence of which is known, or by the exercise of due diligence
27 may become known, to the prosecuting attorney; (2) results or re-
28 ports of physical or mental examinations, and of scientific tests or
29 experiments made in connection with the particular case, or copies
30 thereof, the existence of which is known, or by the exercise of due
31 diligence may become known, to the prosecuting attorney; (3) re-
32 corded testimony of the defendant before a grand jury or at an
33 inquisition; and (4) memoranda of any oral confession made by the
34 defendant and a list of the witnesses to such confession, the exis-
35 tence of which is known, or by the exercise of due diligence may
36 become known to the prosecuting attorney.
37 (b) Upon request, the prosecuting attorney shall permit the de-
38 fendant to inspect and copy or photograph books, papers, docu-
39 ments, tangible objects, buildings or places, or copies, or portions
40 thereof, which are or have been within the possession, custody or
41 control of the prosecution, and which are material to the case and
42 will not place an unreasonable burden upon the prosecution. Ex-
43 cept as provided in subsections (a)(2) and (a)(4), this section does
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1 not authorize the discovery or inspection of reports, memoranda
2 or other internal government documents made by officers in con-
3 nection with the investigation or prosecution of the case, or of
4 statements made by state witnesses or prospective state witnesses,
5 other than the defendant, except as may be provided by law.
6 (c) If the defendant seeks discovery and inspection under sub-
7 section (a)(2) or subsection (b), the defendant shall permit the at-
8 torney for the prosecution to inspect and copy or photograph sci-
9 entific or medical reports, books, papers, documents, tangible
10 objects, or copies or portions thereof, which the defendant intends
11 to produce at the trial any hearing, and which are material to the
12 case and will not place an unreasonable burden on the defense.
13 Except as to scientific or medical reports, this subsection does not
14 authorize the discovery or inspection of reports, memoranda or
15 other internal defense documents made by the defendant, or the
16 defendant's attorneys or agents in connection with the investiga-
17 tion or defense of the case, or of statements made by the de-
18 [chfendant, or by prosecution or defense witnesses, or by prospective
19 prosecution or defense witnesses, to the defendant, the de-
20 [chfendant's agents or attorneys.
21 (d) The prosecuting attorney and the defendant shall cooper-
22 ate in discovery and reach agreement on the time, place and man-
23 ner of making the discovery and inspection permitted, so as to
24 avoid the necessity for court intervention.
25 (e) Upon a sufficient showing the court may at any time order
26 that the discovery or inspection be denied, restricted or deferred
27 or make such other order as is appropriate. Upon motion, the court
28 may permit either party to make such showing, in whole or in part,
29 in the form of a written statement to be inspected privately by the
30 court. If the court enters an order granting relief following such a
31 private showing, the entire text of the statement shall be sealed
32 and preserved in the records of the court to be made available to
33 the appellate court in the event of an appeal.
34 (f) Discovery under this section must be completed no later
35 than 20 days after arraignment or at such reasonable later time as
36 the court may permit.
37 (g) If, subsequent to compliance with an order issued pursuant
38 to this section, and prior to or during trial, a party discovers ad-
39 ditional material previously requested or ordered which is subject
40 to discovery or inspection under this section, the party shall
41 promptly notify the other party or the party's attorney or the court
42 of the existence of the additional material. If at any time during
43 the course of the proceedings it is brought to the attention of the
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1 court that a party has failed to comply with this section or with an
2 order issued pursuant to this section, the court may order such
3 party to permit the discovery or inspection of materials not pre-
4 viously disclosed, grant a continuance, or prohibit the party from
5 introducing in evidence the material not disclosed, or it may enter
6 such other order as it deems just under the circumstances.
7 (h) For crimes committed on or after July 1, 1993, the prose-
8 cuting attorney shall provide all prior convictions of the defendant
9 known to the prosecuting attorney that would affect the determi-
10 nation of the defendant's criminal history for purposes of sentenc-
11 ing under a presumptive sentencing guidelines system as provided
12 in K.S.A. 21-4701 et seq. and amendments thereto.
13 (i) The prosecuting attorney and defendant shall be permitted
14 to inspect and copy any juvenile files and records of the defendant
15 for the purpose of discovering and verifying the criminal history
16 of the defendant.
17 Section 1. 2. K.S.A. 22-4901 is hereby amended to read as follows:
18 22-4901. K.S.A. 22-4901 through 22-4910, and amendments thereto, shall
19 be known and may be cited as the Kansas crimes against children and
20 sex offender registration act.
21 Sec. 2. 3. K.S.A. 22-4902 is hereby amended to read as follows: 22-
22 4902. As used in this act, unless the context otherwise requires:
23 (a) ``Offender'' means a: (1) A sex offender as defined in subsection
24 (b),; (2) a violent offender as defined in subsection (d) or; (3) any
25 person who, on and after the effective date of this act, is convicted of any
26 of the following crimes when the victim is less than 18 years of age:
27 (1) (A) Kidnapping as defined in K.S.A. 21-3420 and amendments
28 thereto, except by a parent;
29 (2) (B) aggravated kidnapping as defined in K.S.A. 21-3421 and
30 amendments thereto; or
31 (3) (C) criminal restraint as defined in K.S.A. 21-3424 and amend-
32 ments thereto, except by a parent;
33 (4) any person convicted of any of the following criminal sexual
34 conduct if one of the parties involved is less than 18 years of age:
35 (A) Adultery as defined by K.S.A. 21-3507, and amendments
36 thereto;
37 (B) criminal sodomy as defined by subsection (a)(1) of K.S.A.
38 21-3505, and amendments thereto;
39 (C) promoting prostitution as defined by K.S.A. 21-3513, and
40 amendments thereto;
41 (D) patronizing a prostitute as defined by K.S.A. 21-3515, and
42 amendments thereto;
43 (E) lewd and lascivious behavior as defined by K.S.A. 21-3508,
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1 and amendment thereto; or
2 (F) unlawful sexual relations as defined by K.S.A. 21-3520, and
3 amendments thereto;
4 (4) (5) any conviction for an offense in effect at any time prior to the
5 effective date of this act, that is comparable to any crime defined in this
6 subsection (3) or (4), or any federal or other state conviction for an offense
7 that under the laws of this state would be an offense defined in this sub-
8 section (3) or (4); or
9 (5) (6) an attempt, conspiracy or criminal solicitation, as defined in
10 K.S.A. 21-3301a, 21-3302a or 21-3303a 21-3301, 21-3302 or 21-3303
11 and amendments thereto, of an offense defined in this subsection (3) or
12 (4).
13 Upon such conviction, the court shall certify that the person is an of-
14 fender subject to the provisions of K.S.A. 22-4901 et seq. and amendments
15 thereto and shall include this certification in the order of commitment.
16 Convictions which result from or are connected with the same act, or
17 result from crimes committed at the same time, shall be counted for the
18 purpose of this section as one conviction. Any conviction set aside pur-
19 suant to law is not a conviction for purposes of this section. A conviction
20 from another state shall constitute a conviction for purposes of this sec-
21 tion.
22 (b) ``Sex offender'' includes any person who, after the effective date
23 of this act, is convicted of any sexually violent crime set forth in subsection
24 (b) (c). Upon such conviction, the court shall certify that the person is a
25 sex offender and shall include this certification in the order of commit-
26 ment. Convictions which result from or are connected with the same act,
27 or result from crimes committed at the same time, shall be counted for
28 the purpose of this section as one conviction. Any conviction set aside
29 pursuant to law is not a conviction for purposes of this section. A convic-
30 tion from another state shall constitute a conviction for purposes of this
31 section.
32 (b) (c) ``Sexually violent crime'' means:
33 (1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
34 (2) indecent liberties with a child as defined in K.S.A. 21-3503 and
35 amendments thereto;
36 (3) aggravated indecent liberties with a child as defined in K.S.A. 21-
37 3504 and amendments thereto;
38 (4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of sub-
39 sections (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto;
40 (5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and
41 amendments thereto;
42 (6) indecent solicitation of a child as defined by K.S.A. 21-3510 and
43 amendments thereto;
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1 (7) aggravated indecent solicitation of a child as defined by K.S.A.
2 21-3511 and amendments thereto;
3 (8) promoting prostitution as defined by K.S.A. 21-3513 and amend-
4 ments thereto when the prostitute is less than 18 years of age;
5 (9) patronizing a prostitute as defined by K.S.A. 21-3514 and amend-
6 ments thereto when the prostitute is less than 18 years of age;
7 (10) sexual exploitation of a child as defined by K.S.A. 21-3516 and
8 amendments thereto;
9 (9) (11) sexual battery as defined by K.S.A. 21-3517 and amendments
10 thereto;
11 (12) (9) aggravated sexual battery as defined by K.S.A. 21-3518 and
12 amendments thereto; or
13 (13) (10) aggravated incest as defined by K.S.A. 21-3603 and amend-
14 ments thereto; or
15 (10) (14) (11) any conviction for a felony offense in effect at any time
16 prior to the effective date of this act, that is comparable to a sexually
17 violent crime as defined in subparagraphs (1) through (9) (13) (10), or
18 any federal or other state conviction for a felony offense that under the
19 laws of this state would be a sexually violent crime as defined in this
20 section;
21 (11) (15) (12) an attempt, conspiracy or criminal solicitation, as de-
22 fined in K.S.A. 21-3301a, 21-3302a or 21-3303a 21-3301, 21-3302 or
23 21-3303, and amendments thereto, of a sexually violent crime, as defined
24 in this section; or
25 (12) (16) (13) any act which at the time of sentencing for the offense
26 has been determined beyond a reasonable doubt to have been sexually
27 motivated. As used in this subparagraph, ``sexually motivated'' means that
28 one of the purposes for which the defendant committed the crime was
29 for the purpose of the defendant's sexual gratification.
30 (d) ''Violent offender`` includes any person who, after the effective
31 date of this act, is convicted of any of the following crimes:
32 (1) Capital murder as defined by K.S.A. 21-3439 and amendments
33 thereto;
34 (2) murder in the first degree as defined by K.S.A. 21-3401 and
35 amendments thereto;
36 (3) murder in the second degree as defined by K.S.A. 21-3402 and
37 amendments thereto;
38 (4) voluntary manslaughter as defined by K.S.A. 21-3403 and amend-
39 ments thereto;
40 (5) involuntary manslaughter as defined by K.S.A. 21-3404 and
41 amendments thereto; or
42 (6) any conviction for an offense in effect at any time prior to the
43 effective date of this act, that is comparable to any crime defined in this
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1 subsection, or any federal or other state conviction for an offense that
2 under the laws of this state would be an offense defined in this subsection;
3 or
4 (7) an attempt, conspiracy or criminal solicitation, as defined in
5 K.S.A. 21-3301a, 21-3302a or 21-3303a 21-3301, 21-3302 or 21-3303
6 and amendments thereto, of an offense defined in this subsection.
7 Upon such conviction, the court shall certify that the person is an of-
8 fender subject to the provisions of K.S.A. 22-4901 et seq. and amendments
9 thereto and shall include this certification in the order of commitment.
10 Convictions which result from or are connected with the same act, or
11 result from crimes committed at the same time, shall be counted for the
12 purpose of this section as one conviction. Any conviction set aside pur-
13 suant to law is not a conviction for purposes of this section. A conviction
14 from another state shall constitute a conviction for purposes of this sec-
15 tion.
16 (c) (d) (e) ``Law enforcement agency having jurisdiction'' means the
17 sheriff of the county in which the offender expects to reside upon the
18 offender's discharge, parole or release.
19 Sec. 3. 4. K.S.A. 1996 Supp. 22-4904 is hereby amended to read as
20 follows: 22-4904. (a) (1) Except as provided in subsection (b)(2) (a)(2),
21 within 15 days of the sex offender coming into any county in which the
22 sex offender resides or is temporarily domiciled for more than 15 days,
23 the sex offender shall register with the sheriff of the county.
24 (2) Within 15 days of the offender coming into any county in which
25 the offender resides or temporarily resides for more than 15 days, any
26 offender who has provided the information and completed and signed the
27 registration form as required in K.S.A. 74-4905 and amendments thereto,
28 shall verify with the sheriff of the county that the sheriff has received such
29 offender's information and registration form.
30 (3) For persons required to register as provided in subsection (b)(1)
31 (a)(1), the sheriff shall: (A) Explain the duty to register and the procedure
32 for registration;
33 (B) obtain the information required for registration as provided in
34 K.S.A. 22-4907 and amendments thereto;
35 (C) inform the offender that the offender must give written notice of
36 any change of address within 10 days of a change in residence to the law
37 enforcement agency where last registered and the Kansas bureau of in-
38 vestigation;
39 (D) inform the offender that if the offender changes residence to an-
40 other state, the offender must inform the law enforcement agency where
41 last registered of such change in residence and must register in the new
42 state within 10 days of such change in residence; and
43 (E) require the offender to read and sign the registration form which
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1 shall include a statement that the requirements provided in this subsection
2 have been explained to the offender.
3 (4) Such sheriff, within three days of receipt of the initial registration
4 shall forward this information to the Kansas bureau of investigation.
5 (5) Notwithstanding any other provision of law, if a diversionary
6 agreement or probation order, either adult or juvenile, requires registra-
7 tion under the Kansas crimes against children and sex offender registra-
8 tion act then all provisions of that act shall apply, except that the term of
9 registration shall be controlled by such diversionary agreement or pro-
10 bation order. The sex offender shall thereafter update the registration
11 annually until liability to register expires pursuant to K.S.A. 22-4906, and
12 amendments thereto.
13 (b) (1) If any person required to register as provided in this act
14 changes the address of their the person's residence, the sex offender shall,
15 within 10 days, shall inform in writing the law enforcement agency Kansas
16 bureau of investigation where last registered of the new address.
17 (2) The law enforcement agency shall, within three days of receipt of
18 the initial registration or change of address, forward this information to
19 the Kansas bureau of investigation and, if applicable, After receipt of the
20 change of address, the Kansas bureau of investigation shall forward this
21 information to the law enforcement agency having jurisdiction of the new
22 place of residence within 10 days of such receipt of the change of address.
23 (c) For any person required to register as provided in this act, every
24 90 days after the person's initial registration date during the period the
25 person is required to register, the following applies:
26 (1) The Kansas bureau of investigation shall mail a nonforwardable
27 verification form to the last reported address of the person.
28 (2) The person shall mail the verification form to the Kansas bureau
29 of investigation within 10 days after receipt of the form.
30 (3) The verification form shall be signed by the person, and shall state
31 that the person still resides at the address last reported to the Kansas
32 bureau of investigation.
33 (4) If the person fails to mail the verification form to the Kansas bu-
34 reau of investigation within 10 days after receipt of the form, the person
35 shall be in violation of the Kansas crimes against children and sex offender
36 registration act.
37 (5) Nothing contained in this section shall be construed to alleviate
38 any person required to register as provided in this act from meeting the
39 requirements prescribed in subsection (a)(1), (a)(2) and (b)(1).
40 Sec. 4. 5. K.S.A. 22-4905 is hereby amended to read as follows: 22-
41 4905. (a) (1) Any sex offender, who is discharged or paroled from a prison,
42 hospital or other institution or facility involving a violation of a sexually
43 violent crime pursuant to any crime as provided in subsection (a) or, (b)
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1 or (d) of K.S.A. 22-4902, and amendments thereto, prior to discharge,
2 parole or release, shall be informed by the staff of the facility in which
3 the sex offender was confined of the duty to register as provided in this
4 act.
5 (2) (A) The staff of the facility shall: (i) Explain the duty to register
6 and the procedure for registration and require the person to sign a form
7 prepared by the Kansas bureau of investigation stating that the duty and
8 procedure have been explained to the person.
9 (B) The staff of the facility shall obtain the address where the person
10 expects to reside upon discharge, parole or release and shall report the
11 address to the Kansas bureau of investigation.
12 (C);
13 (ii) obtain the information required for registration as provided in
14 K.S.A. 22-4907 and amendments thereto;
15 (iii) inform the offender that the offender must give written notice of
16 any change of address within 10 days of a change in residence to the law
17 enforcement agency where last registered and the Kansas bureau of in-
18 vestigation;
19 (iv) inform the offender that if the offender changes residence to an-
20 other state, the offender must inform the law enforcement agency where
21 last registered of such change in residence and must register in the new
22 state within 10 days of such change in residence; and
23 (v) require the offender to read and sign the registration form which
24 shall include a statement that the requirements provided in this subsection
25 have been explained to the offender.
26 (B) The staff of the facility shall give one copy of the form to the
27 person, within three days, and shall send two copies of the form provided
28 by subsection (2)(A)(v) to the Kansas bureau of investigation, which shall
29 then forward one copy to the law enforcement agency having jurisdiction
30 where the person expects to reside upon discharge, parole or release. The
31 Kansas bureau of investigation must immediately ensure that such infor-
32 mation is entered in the state law enforcement record system. The Kansas
33 bureau of investigation shall transmit such conviction data and finger-
34 prints to the federal bureau of investigation.
35 (b) (1) Any sex offender who is released on probation, receives a
36 suspended sentence, sentenced to community corrections or released on
37 postrelease supervision because of the commission of one of the sexually
38 violent crimes defined in any crime as provided in subsection (a) or, (b)
39 or (d) of K.S.A. 22-4902, and amendments thereto, prior to release, shall
40 be informed of the offenders duty to register as provided in this act by
41 the court in which the offender is convicted.
42 (2) (A) The court shall require the person to read and sign a form
43 prepared by the Kansas bureau of investigation stating that the duty to
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1 register and the procedure for registration has been explained to such sex
2 offender.
3 (B) The court shall obtain the address where the person expects to
4 reside upon release and shall report the address to the Kansas bureau of
5 investigation.
6 (C) : (i) Explain the duty to register and the procedure for registra-
7 tion;
8 (ii) obtain the information required for registration as provided in
9 K.S.A. 22-4907 and amendments thereto;
10 (iii) inform the offender that the offender must give written notice of
11 any change of address within 10 days of a change in residence to the law
12 enforcement agency where last registered and the Kansas bureau of in-
13 vestigation;
14 (iv) inform the offender that if the offender changes residence to an-
15 other state, the offender must inform the law enforcement agency where
16 last registered of such change in residence and must register in the new
17 state within 10 days of such change in residence; and
18 (v) require the offender to read and sign the registration form which
19 shall include a statement that the requirements provided in this subsection
20 have been explained to the offender.
21 (B) The court shall give one copy of the form to the person and,
22 within three days, shall send two copies of the form provided by subsec-
23 tion (2)(A)(v) to the Kansas bureau of investigation which shall then for-
24 ward one copy to the law enforcement agency having jurisdiction where
25 the person expects to reside upon release. The Kansas bureau of inves-
26 tigation must immediately ensure that such information is entered in the
27 state law enforcement record system. The Kansas bureau of investigation
28 shall transmit such conviction data and fingerprints to the federal bureau
29 of investigation.
30 Sec. 5. 6. K.S.A. 22-4906 is hereby amended to read as follows: 22-
31 4906. (a) Any person required to register as provided in this act shall be
32 required to register: (1) Upon the first conviction of a sexually violent
33 crime as defined in subsection (c) of K.S.A. 22-4902 and amendments
34 thereto or, any offense as defined in subsection (a) of K.S.A. 22-4902 and
35 amendments thereto or any offense as defined in subsection (d) of
36 K.S.A. 22-4902 and amendments thereto, if not confined, for a period
37 of 10 years after conviction, or, if confined, for a period of 10 years after
38 paroled, discharged or released; or (2) upon a second or subsequent con-
39 viction for such person's lifetime.
40 (b) Upon the first conviction, liability for registration terminates, if
41 not confined, at the expiration of 10 years from the date of conviction,
42 or, if confined, at the expiration of 10 years from the date of parole,
43 discharge or release, if the convicted sex offender does not again become
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1 liable to register as provided by this act during that period.
2 Sec. 6. 7. K.S.A. 1996 Supp. 22-4907 is hereby amended to read as
3 follows: 22-4907. (a) Registration as required by this act shall consist of a
4 statement in writing, on a form prepared by the Kansas bureau of inves-
5 tigation, which shall include a statement that the requirements provided
6 in this section have been explained to the person, and shall be signed by
7 the person. The information Such registration form shall include the fol-
8 lowing:
9 (1) Name;
10 (2) date and place of birth;
11 (3) offense or offenses committed, date of conviction or convictions
12 obtained;
13 (4) city or county of conviction or convictions obtained;
14 (5) sex and age of victim;
15 (6) current address;
16 (7) social security number;
17 (8) identifying characteristics such as race, sex, age, hair and eye
18 color, scars and blood type;
19 (9) occupation and name or of employer; and
20 (10) drivers license and vehicle information.;
21 (11) documentation of any treatment received for a mental abnor-
22 mality or personality disorder of the offender; for purposes of document-
23 ing the treatment received, sheriffs, prison officials and courts may rely
24 on information that is readily available to them from existing records and
25 the offender.
26 (12) anticipated future residence;
27 (13) a photograph; and
28 (14) fingerprints.
29 (b)(1) The sex offender shall also provide to the registering law en-
30 forcement agency DNA exemplars, unless already on file.:
31 (1) A photograph;
32 (2) fingerprints; and
33 (3) DNA exemplars, unless already on file.
34 (c)(2) If the exemplars to be taken require the withdrawal of blood,
35 such withdrawal may be performed only by: (1) (A) A person licensed
36 to practice medicine and surgery or a person acting under the supervision
37 of any such licensed person;
38 (2) (B) a registered nurse or a licensed practical nurse;
39 (3) (C) any qualified medical technician; or
40 (4) (D) a licensed phlebotomist.
41 (d) Unless the person has provided the information and completed
42 and signed the registration form as provided in K.S.A. 22-4905 and
43 amendments thereto within three days, the registering law enforcement
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1 agency shall forward the statement and any other required information
2 registration form to the Kansas bureau of investigation.
3 Sec. 7. 8. K.S.A. 22-4908 is hereby amended to read as follows: 22-
4 4908. (a) Any sex offender registered as provided in this act may apply
5 to the sentencing court in this state having jurisdiction over the county in
6 which the sex offender resides for an order relieving the sex offender of
7 the duty of registration, except that no offender may apply as provided
8 in this section for an order relieving the offender of the duty of registration
9 until such offender has registered for a period of at least 10 years for each
10 conviction for which an offender must register as provided by this act.
11 The court shall hold a hearing on the application at which the applicant
12 and any interested persons may present witnesses and other evidence.
13 (b) At such hearing, if the person is a person who is required to reg-
14 ister due to a conviction of a sexually violent crime as defined in K.S.A.
15 22-4501 22-4902 and amendments thereto, the court shall receive and
16 consider a report by a board composed of experts in the field of the be-
17 havior and treatment of sexual offenders. Such board shall be appointed
18 as provided by rules and regulations promulgated by the attorney general.
19 If, after the hearing involving such person, the court finds by a prepon-
20 derance of the evidence that the sex offender is rehabilitated and that the
21 sex offender, does not suffer from a mental abnormality or personality
22 disorder that would make the person likely to engage in a predatory sex-
23 ually violent crime, the court shall grant an order relieving the offender
24 of the duty of further registration under this act. For purposes of this act,
25 ``mental abnormality'' means a congenital or acquired condition affecting
26 the emotional or volitional capacity which predisposes the person to com-
27 mit a sexually violent crime in a degree constituting such person a menace
28 to the health and safety of others.
29 (c) If, after the hearing involving a person who is an offender who
30 was not required to register due to a conviction of a sexually violent crime
31 as defined in K.S.A. 22-4901 22-4902 and amendments thereto, the court
32 finds by a preponderance of the evidence that the sex offender is reha-
33 bilitated, the court shall grant an order relieving the offender of the duty
34 of further registration under this act.
35 Sec. 8. 9. K.S.A. 22-4909 is hereby amended to read as follows: 22-
36 4909. The statements or any other information required by this act shall
37 be open to inspection in the sheriff's office by the public and specifically
38 are subject to the provisions of the Kansas open records act, K.S.A. 45-
39 215 et seq., and amendments thereto, except that the name, address, tel-
40 ephone number, or any other information which specifically and individ-
41 ually identifies the victim of any offender required to register as provided
42 in this act shall not be disclosed other than to law enforcement agencies.
43 Sec. 9. 10. K.S.A. 1996 Supp. 45-221 is hereby amended to read as
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1 follows: 45-221. (a) Except to the extent disclosure is otherwise required
2 by law, a public agency shall not be required to disclose:
3 (1) Records the disclosure of which is specifically prohibited or re-
4 stricted by federal law, state statute or rule of the Kansas supreme court
5 or the disclosure of which is prohibited or restricted pursuant to specific
6 authorization of federal law, state statute or rule of the Kansas supreme
7 court to restrict or prohibit disclosure.
8 (2) Records which are privileged under the rules of evidence, unless
9 the holder of the privilege consents to the disclosure.
10 (3) Medical, psychiatric, psychological or alcoholism or drug depend-
11 ency treatment records which pertain to identifiable patients.
12 (4) Personnel records, performance ratings or individually identifia-
13 ble records pertaining to employees or applicants for employment, except
14 that this exemption shall not apply to the names, positions, salaries and
15 lengths of service of officers and employees of public agencies once they
16 are employed as such.
17 (5) Information which would reveal the identity of any undercover
18 agent or any informant reporting a specific violation of law.
19 (6) Letters of reference or recommendation pertaining to the char-
20 acter or qualifications of an identifiable individual.
21 (7) Library, archive and museum materials contributed by private
22 persons, to the extent of any limitations imposed as conditions of the
23 contribution.
24 (8) Information which would reveal the identity of an individual who
25 lawfully makes a donation to a public agency, if anonymity of the donor
26 is a condition of the donation.
27 (9) Testing and examination materials, before the test or examination
28 is given or if it is to be given again, or records of individual test or ex-
29 amination scores, other than records which show only passage or failure
30 and not specific scores.
31 (10) Criminal investigation records, except that the district court, in
32 an action brought pursuant to K.S.A. 45-222, and amendments thereto,
33 may order disclosure of such records, subject to such conditions as the
34 court may impose, if the court finds that disclosure:
35 (A) Is in the public interest;
36 (B) would not interfere with any prospective law enforcement action;
37 (C) would not reveal the identity of any confidential source or un-
38 dercover agent;
39 (D) would not reveal confidential investigative techniques or proce-
40 dures not known to the general public;
41 (E) would not endanger the life or physical safety of any person; and
42 (F) would not reveal the name, address, phone number or any other
43 information which specifically and individually identifies the victim of any
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1 sexual offense in article 35 of chapter 21 of the Kansas Statutes Anno-
2 tated, and amendments thereto.
3 (11) Records of agencies involved in administrative adjudication or
4 civil litigation, compiled in the process of detecting or investigating vio-
5 lations of civil law or administrative rules and regulations, if disclosure
6 would interfere with a prospective administrative adjudication or civil
7 litigation or reveal the identity of a confidential source or undercover
8 agent.
9 (12) Records of emergency or security information or procedures of
10 a public agency, or plans, drawings, specifications or related information
11 for any building or facility which is used for purposes requiring security
12 measures in or around the building or facility or which is used for the
13 generation or transmission of power, water, fuels or communications, if
14 disclosure would jeopardize security of the public agency, building or
15 facility.
16 (13) The contents of appraisals or engineering or feasibility estimates
17 or evaluations made by or for a public agency relative to the acquisition
18 of property, prior to the award of formal contracts therefor.
19 (14) Correspondence between a public agency and a private individ-
20 ual, other than correspondence which is intended to give notice of an
21 action, policy or determination relating to any regulatory, supervisory or
22 enforcement responsibility of the public agency or which is widely dis-
23 tributed to the public by a public agency and is not specifically in response
24 to communications from such a private individual.
25 (15) Records pertaining to employer-employee negotiations, if dis-
26 closure would reveal information discussed in a lawful executive session
27 under K.S.A. 75-4319, and amendments thereto.
28 (16) Software programs for electronic data processing and documen-
29 tation thereof, but each public agency shall maintain a register, open to
30 the public, that describes:
31 (A) The information which the agency maintains on computer facil-
32 ities; and
33 (B) the form in which the information can be made available using
34 existing computer programs.
35 (17) Applications, financial statements and other information sub-
36 mitted in connection with applications for student financial assistance
37 where financial need is a consideration for the award.
38 (18) Plans, designs, drawings or specifications which are prepared by
39 a person other than an employee of a public agency or records which are
40 the property of a private person.
41 (19) Well samples, logs or surveys which the state corporation com-
42 mission requires to be filed by persons who have drilled or caused to be
43 drilled, or are drilling or causing to be drilled, holes for the purpose of
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1 discovery or production of oil or gas, to the extent that disclosure is limited
2 by rules and regulations of the state corporation commission.
3 (20) Notes, preliminary drafts, research data in the process of anal-
4 ysis, unfunded grant proposals, memoranda, recommendations or other
5 records in which opinions are expressed or policies or actions are pro-
6 posed, except that this exemption shall not apply when such records are
7 publicly cited or identified in an open meeting or in an agenda of an open
8 meeting.
9 (21) Records of a public agency having legislative powers, which re-
10 cords pertain to proposed legislation or amendments to proposed legis-
11 lation, except that this exemption shall not apply when such records are:
12 (A) Publicly cited or identified in an open meeting or in an agenda
13 of an open meeting; or
14 (B) distributed to a majority of a quorum of any body which has au-
15 thority to take action or make recommendations to the public agency with
16 regard to the matters to which such records pertain.
17 (22) Records of a public agency having legislative powers, which
18 records pertain to research prepared for one or more members of such
19 agency, except that this exemption shall not apply when such records are:
20 (A) Publicly cited or identified in an open meeting or in an agenda
21 of an open meeting; or
22 (B) distributed to a majority of a quorum of any body which has au-
23 thority to take action or make recommendations to the public agency with
24 regard to the matters to which such records pertain.
25 (23) Library patron and circulation records which pertain to identi-
26 fiable individuals.
27 (24) Records which are compiled for census or research purposes and
28 which pertain to identifiable individuals.
29 (25) Records which represent and constitute the work product of an
30 attorney.
31 (26) Records of a utility or other public service pertaining to individ-
32 ually identifiable residential customers of the utility or service, except that
33 information concerning billings for specific individual customers named
34 by the requester shall be subject to disclosure as provided by this act.
35 (27) Specifications for competitive bidding, until the specifications
36 are officially approved by the public agency.
37 (28) Sealed bids and related documents, until a bid is accepted or all
38 bids rejected.
39 (29) Correctional records pertaining to an identifiable inmate, except
40 that:
41 (A) The name, sentence data, parole eligibility date, disciplinary rec-
42 ord, custody level and location of an inmate shall be subject to disclosure
43 to any person other than another inmate;
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1 (B) the ombudsman of corrections, the attorney general, law enforce-
2 ment agencies, counsel for the inmate to whom the record pertains and
3 any county or district attorney shall have access to correctional records to
4 the extent otherwise permitted by law;
5 (C) the information provided to the law enforcement agency pursu-
6 ant to the sex offender registration act, K.S.A. 22-4901, et seq., and
7 amendments thereto, shall be subject to disclosure to any person, except
8 that the name, address, telephone number or any other information which
9 specifically and individually identifies the victim of any offender required
10 to register as provided by the sex Kansas offender registration act, K.S.A.
11 22-4901 et seq. and amendments thereto, shall not be disclosed; and
12 (D) records of the department of corrections regarding the financial
13 assets of an offender in the custody of the secretary of corrections shall
14 be subject to disclosure to the victim, or such victim's family, of the crime
15 for which the inmate is in custody as set forth in an order of restitution
16 by the sentencing court.
17 (30) Public records containing information of a personal nature
18 where the public disclosure thereof would constitute a clearly unwar-
19 ranted invasion of personal privacy.
20 (31) Public records pertaining to prospective location of a business
21 or industry where no previous public disclosure has been made of the
22 business' or industry's interest in locating in, relocating within or expand-
23 ing within the state. This exception shall not include those records per-
24 taining to application of agencies for permits or licenses necessary to do
25 business or to expand business operations within this state, except as
26 otherwise provided by law.
27 (32) The bidder's list of contractors who have requested bid proposals
28 for construction projects from any public agency, until a bid is accepted
29 or all bids rejected.
30 (33) Engineering and architectural estimates made by or for any pub-
31 lic agency relative to public improvements.
32 (34) Financial information submitted by contractors in qualification
33 statements to any public agency.
34 (35) Records involved in the obtaining and processing of intellectual
35 property rights that are expected to be, wholly or partially vested in or
36 owned by a state educational institution, as defined in K.S.A. 76-711, and
37 amendments thereto, or an assignee of the institution organized and ex-
38 isting for the benefit of the institution.
39 (36) Any report or record which is made pursuant to K.S.A. 65-4922,
40 65-4923 or 65-4924, and amendments thereto, and which is privileged
41 pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.
42 (37) Information which would reveal the precise location of an ar-
43 cheological site.
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1 (38) Any financial data or traffic information from a railroad company,
2 to a public agency, concerning the sale, lease or rehabilitation of the
3 railroad's property in Kansas.
4 (39) Risk-based capital reports, risk-based capital plans and corrective
5 orders including the working papers and the results of any analysis filed
6 with the commissioner of insurance in accordance with K.S.A. 1996 Supp.
7 40-2c20, and amendments thereto.
8 (40) Memoranda and related materials required to be used to support
9 the annual actuarial opinions submitted pursuant to subsection (b) of
10 K.S.A. 40-409, and amendments thereto.
11 (41) Disclosure reports filed with the commissioner of insurance un-
12 der subsection (a) of K.S.A. 1996 Supp. 40-2,156, and amendments
13 thereto.
14 (42) All financial analysis ratios and examination synopses concerning
15 insurance companies that are submitted to the commissioner by the na-
16 tional association of insurance commissioners' insurance regulatory infor-
17 mation system.
18 (43) Any records the disclosure of which is restricted or prohibited
19 by a tribal-state gaming compact.
20 (44) Market research, market plans, business plans and the terms and
21 conditions of managed care or other third-party contracts, developed or
22 entered into by the university of Kansas medical center in the operation
23 and management of the university hospital which the chancellor of the
24 university of Kansas or the chancellor's designee determines would give
25 an unfair advantage to competitors of the university of Kansas medical
26 center.
27 (b) Except to the extent disclosure is otherwise required by law or as
28 appropriate during the course of an administrative proceeding or on ap-
29 peal from agency action, a public agency or officer shall not disclose fi-
30 nancial information of a taxpayer which may be required or requested by
31 a county appraiser to assist in the determination of the value of the tax-
32 payer's property for ad valorem taxation purposes; or any financial infor-
33 mation of a personal nature required or requested by a public agency or
34 officer, including a name, job description or title revealing the salary or
35 other compensation of officers, employees or applicants for employment
36 with a firm, corporation or agency, except a public agency. Nothing con-
37 tained herein shall be construed to prohibit the publication of statistics,
38 so classified as to prevent identification of particular reports or returns
39 and the items thereof.
40 (c) As used in this section, the term ``cited or identified'' shall not
41 include a request to an employee of a public agency that a document be
42 prepared.
43 (d) If a public record contains material which is not subject to dis-
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1 closure pursuant to this act, the public agency shall separate or delete
2 such material and make available to the requester that material in the
3 public record which is subject to disclosure pursuant to this act. If a public
4 record is not subject to disclosure because it pertains to an identifiable
5 individual, the public agency shall delete the identifying portions of the
6 record and make available to the requester any remaining portions which
7 are subject to disclosure pursuant to this act, unless the request is for a
8 record pertaining to a specific individual or to such a limited group of
9 individuals that the individuals' identities are reasonably ascertainable, the
10 public agency shall not be required to disclose those portions of the record
11 which pertain to such individual or individuals.
12 (e) The provisions of this section shall not be construed to exempt
13 from public disclosure statistical information not descriptive of any iden-
14 tifiable person.
15 (f) Notwithstanding the provisions of subsection (a), any public rec-
16 ord which has been in existence more than 70 years shall be open for
17 inspection by any person unless disclosure of the record is specifically
18 prohibited or restricted by federal law, state statute or rule of the Kansas
19 supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and
20 amendments thereto.
21 Sec. 10. 11. K.S.A. 22-3212, 22-4901, 22-4902, 22-4905, 22-4906,
22 22-4908, 22-4909 and K.S.A. 1996 Supp. 22-4904, 22-4907, 45-221 and
23 45-221d are hereby repealed.
24 Sec. 11. 12. This act shall take effect and be in force from and after
25 its publication in the statute book.