Session of 1998
SENATE BILL No. 552
By Committee on Judiciary
1-30
9
AN ACT concerning crimes, criminal procedure
and punishment; relating
10 to sentencing;
availability of presentence reports; amending K.S.A. 21-
11 4605 and repealing the
existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
21-4605 is hereby amended to read as follows:
15 21-4605. (a) (1) Upon request of
the attorney for the state or the counsel
16 for the defendant, the
The judge shall make available to the attorney or
17 counsel the presentence report, any report
that may be received from the
18 Topeka correctional facility or the state
security hospital and other diag-
19 nostic reports and shall allow the attorney
or counsel a reasonable time
20 to review the report before sentencing the
defendant. Except as otherwise
21 provided in this section, all these
reports shall be part of the record but
22 shall be sealed and opened only on
order of the court.
23 (2) The court shall
permit the attorney for the state or the counsel
24 for the defendant, upon
request, to copy and retain any of the reports
25 under subsection (a)(1). Any reports copied
and retained shall be kept in
26 the records of the attorney for the state
or the counsel for the defendant
27 and shall not be disclosed to any
unauthorized person without permission
28 of the court. All costs of
copying such reports shall be paid by the office
29 of the attorney for the state or the
counsel for the defendant making the
30 request.
31 (b) If a
defendant is committed to the custody of the secretary
of
32 corrections, all reports under
subsection (a)(1) shall be sent to the sec-
33 retary of corrections and, in
accordance with K.S.A. 75-5220, and amend-
34 ments thereto, to the warden of the
state correctional institution to which
35 the defendant is
conveyed.
36 (c) Nothing in
this section shall be construed as prohibiting the at-
37 torney for the defendant from
disclosing the report of the presentence
38 investigation, or other diagnostic
reports, to the defendant after receiving
39 court approval to do
so.
40
(d) Notwithstanding subsections (a), (b) and (c), the
presentence re-
41 port, any report that may be
received from the Topeka correctional facility
42 or the state security hospital and
other diagnostic reports, shall be made
43 available upon request to the
Kansas sentencing commission for the pur-
SB 552
2
1 pose of data collection and
evaluation. The presentence report will become
2 part of the court record and shall
be accessible to the public except that
3 the official version, the
defendant's version and the victim's statement,
4 any psychological reports and drug
and alcohol reports shall be accessible
5 only to the parties, the
sentencing judge, the department of corrections
6 and if requested, the Kansas
sentencing commission. If the offender is
7 committed to the custody of the
secretary of corrections, the report shall
8 be sent to the secretary and, in
accordance with K.S.A. 75-5220 and
9 amendments thereto, to the warden
of the state correctional institution to
10 which the defendant is conveyed.
11 (e)
(c) For felony crimes committed on or after July 1,
1993, the
12 provisions of this section are not
applicable to the presentence investi-
13 gation report.
14 Sec. 2. K.S.A.
21-4605 is hereby repealed.
15 Sec. 3. This act
shall take effect and be in force from and after its
16 publication in the statute book.
17
18