SB 311--
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Session of 1997
SENATE BILL No. 311
By Committee on Judiciary
2-13
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9 AN ACT concerning criminal procedure; relating to registration of per-
10 sons who commit murder; amending K.S.A. 22-4901, 22-4902, 22-
11 4905, 22-4906 and 22-4908 and K.S.A. 1996 Supp. 22-4904 and 22-
12 4907 and repealing the existing sections.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 22-4901 is hereby amended to read as follows: 22-
16 4901. K.S.A. 22-4901 through 22-4910, and amendments thereto, shall
17 be known and may be cited as the sex Kansas offender registration act.
18 Sec. 2. K.S.A. 22-4902 is hereby amended to read as follows: 22-
19 4902. As used in this act, unless the context otherwise requires:
20 (a) ``Offender'' means a sex offender as provided in subsection (b) or
21 a violent offender as provided in subsection (d).
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). Upon such conviction, the court shall certify that the person is a sex
25 offender and shall include this certification in the order of commitment.
26 Convictions which result from or are connected with the same act, or
27 result from crimes committed at the same time, shall be counted for the
28 purpose of this section as one conviction. Any conviction set aside pur-
29 suant to law is not a conviction for purposes of this section. A conviction
30 from another state shall constitute a conviction for purposes of this sec-
31 tion.
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
39 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) sexual exploitation of a child as defined by K.S.A. 21-3516 and
4 amendments thereto;
5 (9) aggravated sexual battery as defined by K.S.A. 21-3518 and
6 amendments thereto; or
7 (10) any conviction for a felony offense in effect at any time prior to
8 the effective date of this act, that is comparable to a sexually violent crime
9 as defined in subparagraphs (1) through (9), or any federal or other state
10 conviction for a felony offense that under the laws of this state would be
11 a sexually violent crime as defined in this section;
12 (11) an attempt, conspiracy or criminal solicitation, as defined in
13 K.S.A. 21-3301a, 21-3302a or 21-3303a, and amendments thereto, of a
14 sexually violent crime, as defined in this section; or
15 (12) any act which at the time of sentencing for the offense has been
16 determined beyond a reasonable doubt to have been sexually motivated.
17 As used in this subparagraph, ``sexually motivated'' means that one of the
18 purposes for which the defendant committed the crime was for the pur-
19 pose of the defendant's sexual gratification.
20 (d) ``Violent offender'' includes any person who, after the effective
21 date of this act, is convicted of any of the following crimes:
22 (1) Capital murder as defined by K.S.A. 21-3439 and amendments
23 thereto;
24 (2) murder in the first degree as defined by K.S.A. 21-3401 and
25 amendments thereto;
26 (3) murder in the second degree as defined by K.S.A. 21-3402 and
27 amendments thereto;
28 (4) voluntary manslaughter as defined by K.S.A. 21-3403 and amend-
29 ments thereto;
30 (5) involuntary manslaughter as defined by K.S.A. 21-3404 and
31 amendments thereto; or
32 (6) any conviction for an offense in effect at any time prior to the
33 effective date of this act, that is comparable to any crime defined in this
34 subsection, or any federal or other state conviction for an offense that
35 under the laws of this state would be an offense defined in this subsection;
36 or
37 (7) an attempt, conspiracy or criminal solicitation, as defined in
38 K.S.A. 21-3301a, 21-3302a or 21-3303a and amendments thereto, of an
39 offense defined in this subsection.
40 Upon such conviction, the court shall certify that the person is an of-
41 fender subject to the provisions of K.S.A. 22-4901 et seq. and amendments
42 thereto and shall include this certification in the order of commitment.
43 Convictions which result from or are connected with the same act, or
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1 result from crimes committed at the same time, shall be counted for the
2 purpose of this section as one conviction. Any conviction set aside pur-
3 suant to law is not a conviction for purposes of this section. A conviction
4 from another state shall constitute a conviction for purposes of this sec-
5 tion.
6 (c) (e) ``Law enforcement agency having jurisdiction'' means the sher-
7 iff of the county in which the offender expects to reside upon the offen-
8 der's discharge, parole or release.
9 Sec. 3. K.S.A. 1996 Supp. 22-4904 is hereby amended to read as
10 follows: 22-4904. (a) Within 15 days of the sex offender coming into any
11 county in which the sex offender resides or is temporarily domiciled for
12 more than 15 days, the sex offender shall register with the sheriff of the
13 county. Notwithstanding any other provision of law, if a diversionary
14 agreement or probation order, either adult or juvenile, requires registra-
15 tion under the sex Kansas offender registration act then all provisions of
16 that act shall apply, except that the term of registration shall be controlled
17 by such diversionary agreement or probation order. The sex offender shall
18 thereafter update the registration annually until liability to register expires
19 pursuant to K.S.A. 22-4906, and amendments thereto.
20 (b) (1) If any person required to register as provided in this act
21 changes the address of their residence, the sex offender shall, within 10
22 days, inform in writing the law enforcement agency where last registered
23 of the new address.
24 (2) The law enforcement agency shall, within three days of receipt of
25 the initial registration or change of address, forward this information to
26 the Kansas bureau of investigation and, if applicable, to the law enforce-
27 ment agency having jurisdiction of the new place of residence.
28 Sec. 4. K.S.A. 22-4905 is hereby amended to read as follows: 22-
29 4905. (a) (1) Any sex offender, who is discharged or paroled from a prison,
30 hospital or other institution or facility involving a violation of a sexually
31 violent crime pursuant to subsection (c) of K.S.A. 22-4902, and amend-
32 ments thereto, or commission of one of the offenses defined in subsection
33 (d) of K.S.A. 22-4902 and amendments thereto prior to discharge, parole
34 or release, shall be informed by the staff of the facility in which the sex
35 offender was confined of the duty to register as provided in this act.
36 (2) (A) The staff of the facility shall explain the duty to register and
37 the procedure for registration and require the person to sign a form pre-
38 pared by the Kansas bureau of investigation stating that the duty and
39 procedure have been explained to the person.
40 (B) The staff of the facility shall obtain the address where the person
41 expects to reside upon discharge, parole or release and shall report the
42 address to the Kansas bureau of investigation.
43 (C) The staff of the facility shall give one copy of the form to the
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1 person and shall send two copies to the Kansas bureau of investigation,
2 which shall then forward one copy to the law enforcement agency having
3 jurisdiction where the person expects to reside upon discharge, parole or
4 release.
5 (b) (1) Any sex offender who is released on probation, receives a
6 suspended sentence, sentenced to community corrections or released on
7 postrelease supervision because of the commission of one of the sexually
8 violent crimes defined in subsection (c) of K.S.A. 22-4902, and amend-
9 ments thereto, or commission of one of the offenses defined in subsection
10 (d) of K.S.A. 22-4902 and amendments thereto prior to release, shall be
11 informed of the offenders duty to register as provided in this act by the
12 court in which the offender is convicted.
13 (2) (A) The court shall require the person to read and sign a form
14 prepared by the Kansas bureau of investigation stating that the duty to
15 register and the procedure for registration has been explained to such sex
16 offender.
17 (B) The court shall obtain the address where the person expects to
18 reside upon release and shall report the address to the Kansas bureau of
19 investigation.
20 (C) The court shall give one copy of the form to the person and shall
21 send two copies to the Kansas bureau of investigation which shall then
22 forward one copy to the law enforcement agency having jurisdiction
23 where the person expects to reside upon release.
24 Sec. 5. K.S.A. 22-4906 is hereby amended to read as follows: 22-
25 4906. (a) Any person required to register as provided in this act shall be
26 required to register: (1) Upon the first conviction of a sexually violent
27 crime as defined in subsection (c) of K.S.A. 22-4902 and amendments
28 thereto or any offense as defined in subsection (d) of K.S.A. 22-4902 and
29 amendments thereto, if not confined, for a period of 10 years after con-
30 viction, or, if confined, for a period of 10 years after paroled, discharged
31 or released; or (2) upon a second or subsequent conviction for such per-
32 son's lifetime.
33 (b) Upon the first conviction, liability for registration terminates, if
34 not confined, at the expiration of 10 years from the date of conviction,
35 or, if confined, at the expiration of 10 years from the date of parole,
36 discharge or release, if the convicted sex offender does not again become
37 liable to register as provided by this act during that period.
38 Sec. 6. K.S.A. 1996 Supp. 22-4907 is hereby amended to read as
39 follows: 22-4907. (a) Registration as required by this act shall consist of a
40 statement in writing, on a form prepared by the Kansas bureau of inves-
41 tigation, signed by the person. The information shall include the follow-
42 ing:
43 (1) Name;
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1 (2) date and place of birth;
2 (3) offense or offenses committed, date of conviction or convictions
3 obtained;
4 (4) city or county of conviction or convictions obtained;
5 (5) sex and age of victim;
6 (6) current address;
7 (7) social security number;
8 (8) identifying characteristics such as race, sex, age, hair and eye
9 color, scars and blood type;
10 (9) occupation and name or employer; and
11 (10) drivers license and vehicle information.
12 (b) The sex offender shall also provide to the registering law enforce-
13 ment agency:
14 (1) A photograph;
15 (2) fingerprints; and
16 (3) DNA exemplars, unless already on file.
17 (c) If the exemplars to be taken require the withdrawal of blood, such
18 withdrawal may be performed only by:
19 (1) A person licensed to practice medicine and surgery or a person
20 acting under the supervision of any such licensed person;
21 (2) a registered nurse or a licensed practical nurse;
22 (3) any qualified medical technician; or
23 (4) a licensed phlebotomist.
24 (d) Within three days, the registering law enforcement agency shall
25 forward the statement and any other required information to the Kansas
26 bureau of investigation.
27 Sec. 7. K.S.A. 22-4908 is hereby amended to read as follows: 22-
28 4908. Any sex offender registered as provided in this act may apply to the
29 court in this state having jurisdiction over the county in which the sex
30 offender resides for an order relieving the sex offender of the duty of
31 registration. The court shall hold a hearing on the application at which
32 the applicant and any interested persons may present witnesses and other
33 evidence. If, after the hearing, the court finds by a preponderance of the
34 evidence that the sex offender is rehabilitated, the court shall grant an
35 order relieving the offender of the duty of further registration under this
36 act.
37 Sec. 8. K.S.A. 22-4901, 22-4902, 22-4905, 22-4906 and 22-4908 and
38 K.S.A. 1996 Supp. 22-4904 and 22-4907 are hereby repealed.
39 Sec. 9. This act shall take effect and be in force from and after its
40 publication in the statute book.