CHAPTER 164
SENATE BILL No. 149
(Amends Chapters 54 and 57)
An  Act concerning crimes, criminal procedure and punishment; relating to sentencing;
dispositional alternatives; capital murder, execution of death sentences; prescribing cer-
tain penalties; amending K.S.A. 21-3435, 21-3520, 21-3705, 21-3731, 21-4605, 21-4635,
21-4638, 22-4001, 22-4003, 22-4006, 22-4009, as amended by section 35 of 1999 House
Bill No. 2206, 22-4011, 22-4012, 22-4013, 22-4014 and 22-4903 and K.S.A. 1998 Supp.
8-262, 8-287, 21-2511, 21-3204, 21-3402, 21-3413, 21-3810, 21-4201, 21-4603d, 21-
4704, 21-4706, 21-4711, 22-3717, 22-4902, 22-4904, 22-4905, 22-4906, 22-4908 and 75-
5217, as amended by section 1 of 1999 House Bill No. 2137, and repealing the existing
sections; also repealing K.S.A. 22-4015.

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

      Section  1. K.S.A. 1998 Supp. 8-262 is hereby amended to read as
follows: 8-262. (a) (1) Any person who drives a motor vehicle on any
highway of this state at a time when such person's privilege so to do is
canceled, suspended or revoked shall be guilty of a: (A) Class B nonperson
misdemeanor on the first conviction; and (B) class A nonperson misde-
meanor on the second conviction; and (C) severity level 9, nonperson
felony on a third or subsequent conviction.

      (2) No person shall be convicted under this section if such person
was entitled at the time of arrest under K.S.A. 8-257, and amendments
thereto, to the return of such person's driver's license or was, at the time
of arrest, eligible under K.S.A. 8-256, and amendments thereto, to apply
for a new license to operate a motor vehicle.

      (3) Except as otherwise provided by subsection (a)(4), every person
convicted under this section shall be sentenced to at least five days' im-
prisonment and fined at least $100 and upon a second or subsequent
conviction shall not be eligible for parole until completion of five days'
imprisonment.

      (4) If a person (A) is convicted of a violation of this section, commit-
ted while the person's privilege to drive was suspended or revoked for a
violation of K.S.A. 8-1567, and amendments thereto, or any ordinance of
any city or a law of another state, which ordinance or law prohibits the
acts prohibited by that statute, and (B) is or has been also convicted of a
violation of K.S.A. 8-1567, and amendments thereto, or of a municipal
ordinance or law of another state, which ordinance or law prohibits the
acts prohibited by that statute, committed while the person's privilege to
drive was so suspended or revoked, the person shall not be eligible for
suspension of sentence, probation or parole until the person has served
at least 90 days' imprisonment, and any fine imposed on such person shall
be in addition to such a term of imprisonment.

      (b) The division, upon receiving a record of the conviction of any
person under this section, or any ordinance of any city or a law of another
state which is in substantial conformity with this section, upon a charge
of driving a vehicle while the license of such person is revoked or sus-
pended, shall extend the period of such suspension or revocation for an
additional period of 90 days.

      (c) In addition to extension of the period of suspension or revocation
under subsection (b), if the conviction is for a violation committed after
June 30, 1994, and before July 1, 1996, and committed while the person's
driving privileges are suspended pursuant to K.S.A. 8-1014 and amend-
ments thereto, the division, upon completion of the extended period of
suspension, shall restrict the person's driving privileges for an additional
120 days to driving only a motor vehicle equipped with an ignition inter-
lock device, as defined by K.S.A. 8-1013 and amendments thereto, ap-
proved by the division and obtained, installed and maintained at the per-
son's expense.

      On or before February 1, 1996, the division shall report to the legis-
lature regarding the use of the provisions of this subsection and making
recommendations concerning continuation or modification of such pro-
visions.

      (d) For the purposes of determining whether a conviction is a first,
second, third or subsequent conviction in sentencing under this section,
``conviction'' includes a conviction of a violation of any ordinance of any
city or a law of another state which is in substantial conformity with this
section.

      Sec.  2. K.S.A. 1998 Supp. 8-287 is hereby amended to read as fol-
lows: 8-287. Operation of a motor vehicle in this state while one's driving
privileges are revoked pursuant to K.S.A. 8-286 and amendments thereto
is a severity level 9, nonperson felony class A nonperson misdemeanor.

      Sec.  3. K.S.A. 1998 Supp. 21-2511 is hereby amended to read as
follows: 21-2511. (a) Any person convicted as an adult or adjudicated as
a juvenile offender because of the commission of an unlawful sexual act
as defined in subsection (4) of K.S.A. 21-3501, and amendments thereto,
or convicted as an adult or adjudicated as a juvenile offender because of
the commission of a violation of K.S.A. 21-3401, 21-3402, 21-3510, 21-
3511, 21-3516, 21-3602, 21-3603 or 21-3609, and amendments thereto,
including an attempt, as defined in K.S.A. 21-3301, and amendments
thereto, conspiracy, as defined in K.S.A. 21-3302, and amendments
thereto, or criminal solicitation, as defined in K.S.A. 21-3303, and amend-
ments thereto, any offense which requires such person to register as an
offender pursuant to the Kansas offender registration act, K.S.A. 22-4901
et seq., or a violation of subsection (a)(1) of K.S.A. 21-3505, 21-3508, 21-
3602 or 21-3609 and amendments thereto, including an attempt, con-
spiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or
21-3303 and amendments thereto, of any such offenses provided in this
subsection regardless of the sentence imposed, shall be required to sub-
mit specimens of blood and saliva to the Kansas bureau of investigation
in accordance with the provisions of this act, if such person is:

      (1) Convicted as an adult or adjudicated as a juvenile offender be-
cause of the commission of a crime specified in subsection (a) on or after
the effective date of this act;

      (2) ordered institutionalized as a result of being convicted as an adult
or adjudicated as a juvenile offender because of the commission of a crime
specified in subsection (a) on or after the effective date of this act; or

      (3) convicted as an adult or adjudicated as a juvenile offender because
of the commission of a crime specified in this subsection before the ef-
fective date of this act and is presently confined as a result of such con-
viction or adjudication in any state correctional facility or county jail or is
presently serving a sentence under K.S.A. 21-4603, 22-3717 or 38-1663,
and amendments thereto.

      (b) Notwithstanding any other provision of law, the Kansas bureau of
investigation is authorized to obtain fingerprints and other identifiers for
all persons, whether juveniles or adults, covered by this act.

      (c) Any person required by paragraphs (a)(1) and (a)(2) to provide
specimens of blood and saliva shall be ordered by the court to have spec-
imens of blood and saliva collected within 10 days after sentencing or
adjudication:

      (1) If placed directly on probation, that person must provide speci-
mens of blood and saliva, at a collection site designated by the Kansas
bureau of investigation. Failure to cooperate with the collection of the
specimens and any deliberate act by that person intended to impede,
delay or stop the collection of the specimens shall be punishable as con-
tempt of court and constitute grounds to revoke probation;

      (2) if sentenced to the secretary of corrections, the specimens of
blood and saliva will be obtained immediately upon arrival at the Topeka
correctional facility; or

      (3) if a juvenile offender is placed in the custody of the commissioner
of juvenile justice, in a youth residential facility or in a juvenile correc-
tional facility, the specimens of blood and saliva will be obtained imme-
diately upon arrival.

      (d) Any person required by paragraph (a)(3) to provide specimens of
blood and saliva shall be required to provide such samples prior to final
discharge or conditional release at a collection site designated by the
Kansas bureau of investigation.

      (e) The Kansas bureau of investigation shall provide all specimen vi-
als, mailing tubes, labels and instructions necessary for the collection of
blood and saliva samples. The collection of samples shall be performed
in a medically approved manner. No person authorized by this section to
withdraw blood and collect saliva, and no person assisting in the collection
of these samples shall be liable in any civil or criminal action when the
act is performed in a reasonable manner according to generally accepted
medical practices. The withdrawal of blood for purposes of this act may
be performed only by: (1) A person licensed to practice medicine and
surgery or a person acting under the supervision of any such licensed
person; (2) a registered nurse or a licensed practical nurse; or (3) any
qualified medical technician including, but not limited to, an emergency
medical technician-intermediate or mobile intensive care technician, as
those terms are defined in K.S.A. 65-6112, and amendments thereto, or
a phlebotomist. The samples shall thereafter be forwarded to the Kansas
bureau of investigation for analysis and categorizing into genetic marker
groupings.

      (f) The genetic marker groupings shall be maintained by the Kansas
bureau of investigation. The Kansas bureau of investigation shall establish,
implement and maintain a statewide automated personal identification
system capable of, but not limited to, classifying, matching and storing
analysis of DNA (deoxyribonucleic acid) and other biological molecules.
The genetic marker grouping analysis information and identification sys-
tem as established by this act shall be compatible with the procedures
specified by the federal bureau of investigation's combined DNA index
system (CODIS). The Kansas bureau of investigation may participate in
the CODIS program by sharing data and utilizing compatible test pro-
cedures, laboratory equipment, supplies and computer software.

      (g) The genetic marker grouping analysis information obtained pur-
suant to this act shall be confidential and shall be released only to law
enforcement officers of the United States, of other states or territories,
of the insular possessions of the United States, or foreign countries duly
authorized to receive the same, to all law enforcement officers of the state
of Kansas and to all prosecutor's agencies.

      (h) The Kansas bureau of investigation shall be the state central re-
pository for all genetic marker grouping analysis information obtained
pursuant to this act. The Kansas bureau of investigation may promulgate
rules and regulations for the form and manner of the collection of blood
and saliva samples and other procedures for the operation of this act. The
provisions of the Kansas administrative procedure act shall apply to all
actions taken under the rules and regulations so promulgated.

      Sec.  4. K.S.A. 1998 Supp. 21-3204 is hereby amended to read as
follows: 21-3204. A person may be guilty of an offense without having
criminal intent if the crime is: (1) A misdemeanor, cigarette or tobacco
infraction or traffic infraction and the statute defining the offense clearly
indicates a legislative purpose to impose absolute liability for the conduct
described; or (2) a violation of K.S.A. 8-1567 or 8-1567a and amendments
thereto.

      Sec.  5. K.S.A. 1998 Supp. 21-3402 is hereby amended to read as
follows: 21-3402. Murder in the second degree is the killing of a human
being committed:

      (a) Intentionally; or

      (b) unintentionally but recklessly under circumstances manifesting
extreme indifference to the value of human life.

      Murder in the second degree as described in subsection (a) is an off-
grid a severity level 1, person felony. Murder in the second degree as
described in subsection (b) is a severity level 2, person felony.

      Sec.  6. K.S.A. 1998 Supp. 21-3413 is hereby amended to read as
follows: 21-3413. Battery against a law enforcement officer is a battery,
as defined in K.S.A. 21-3412 and amendments thereto:

      (a)  (1) Committed against a uniformed or properly identified state,
county or city law enforcement officer other than a state correctional
officer or employee, a city or county correctional officer or employee, a
juvenile correctional facility officer or employee or a juvenile detention
facility officer or employee, while such officer is engaged in the perform-
ance of such officer's duty;

      (2) committed against a state correctional officer or employee by a
person in custody of the secretary of corrections, while such officer or
employee is engaged in the performance of such officer's or employee's
duty;

      (3) committed against a juvenile correctional facility officer or em-
ployee by a person confined in such juvenile correctional facility, while
such officer or employee is engaged in the performance of such officer's
or employee's duty;

      (4) committed against a juvenile detention facility officer or employee
by a person confined in such juvenile detention facility, while such officer
or employee is engaged in the performance of such officer's or employee's
duty; or

      (5) committed against a city or county correctional officer or em-
ployee by a person confined in a city holding facility or county jail facility,
while such officer or employee is engaged in the performance of such
officer's or employee's duty.

      (b) Battery against a law enforcement officer as defined in subsection
(a)(1) is a class A person misdemeanor. Battery against a law enforcement
officer as defined in subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a severity
level 6 5, person felony.

      (c) As used in this section:

      (1) ``Correctional institution'' means any institution or facility under
the supervision and control of the secretary of corrections.

      (2) ``State correctional officer or employee'' means any officer or em-
ployee of the Kansas department of corrections or any independent con-
tractor, or any employee of such contractor, working at a correctional
institution.

      (3) ``Juvenile correctional facility officer or employee'' means any of-
ficer or employee of the juvenile justice authority or any independent
contractor, or any employee of such contractor, working at a juvenile
correctional facility, as defined in K.S.A. 38-1602 and amendments
thereto.

      (4) ``Juvenile detention facility officer or employee'' means any officer
or employee of a juvenile detention facility as defined in K.S.A. 38-1602
and amendments thereto.

      (5) ``City or county correctional officer or employee'' means any cor-
rectional officer or employee of the city or county or any independent
contractor, or any employee of such contractor, working at a city holding
facility or county jail facility.

      Sec.  7. K.S.A. 21-3435 is hereby amended to read as follows: 21-
3435. (a) It is unlawful for an individual who knows oneself to be infected
with a life threatening communicable disease knowingly:

      (1) To engage in sexual intercourse or sodomy with another individual
with the intent to expose that individual to that life threatening commu-
nicable disease;

      (2) to sell or donate one's own blood, blood products, semen, tissue,
organs or other body fluids with the intent to expose the recipient to a
life threatening communicable disease;

      (3) to share with another individual a hypodermic needle, syringe, or
both, for the introduction of drugs or any other substance into, or for the
withdrawal of blood or body fluids from, the other individual's body with
the intent to expose another person to a life threatening communicable
disease.

      (b) As used in this section, the term ``sexual intercourse'' shall not
include penetration by any object other than the male sex organ; the term
``sodomy'' shall not include the penetration of the anal opening by any
object other than the male sex organ.

      (c) Violation of this section is a class A person misdemeanor severity
level 7, person felony.

      Sec.  8. K.S.A. 21-3520 is hereby amended to read as follows: 21-
3520. (a) Unlawful sexual relations is engaging in consensual sexual in-
tercourse, lewd fondling or touching, or sodomy with a person who is not
married to the offender if:

      (1) The offender is an employee of the department of corrections or
the employee of a contractor who is under contract to provide services in
a correctional institution and the person with whom the offender is en-
gaging in consensual sexual intercourse, lewd fondling or touching, or
sodomy is an inmate; or

      (2) the offender is a parole officer and the person with whom the
offender is engaging in consensual sexual intercourse, lewd fondling or
touching, or sodomy is an inmate who has been released on parole or
conditional release or postrelease supervision under the direct supervision
and control of the offender.; or

      (3) the offender is a law enforcement officer, an employee of a jail, or
the employee of a contractor who is under contract to provide services in
a jail and the person with whom the offender is engaging in consensual
sexual intercourse, lewd fondling or touching, or sodomy is a person 16
years of age or older who is confined by lawful custody to such jail; or

      (4) the offender is a law enforcement officer, an employee of a juvenile
detention facility or sanctions house, or the employee of a contractor who
is under contract to provide services in such facility or sanctions house
and the person with whom the offender is engaging in consensual sexual
intercourse, lewd fondling or touching, or sodomy is a person 16 years of
age or older who is confined by lawful custody to such facility or sanctions
house; or

      (5) the offender is an employee of the juvenile justice authority or the
employee of a contractor who is under contract to provide services in a
juvenile correctional facility and the person with whom the offender is
engaging in consensual sexual intercourse, lewd fondling or touching, or
sodomy is a person 16 years of age or older who is confined by lawful
custody to such facility; or

      (6) the offender is an employee of the juvenile justice authority or the
employee of a contractor who is under contract to provide direct super-
vision and offender control services to the juvenile justice authority and
the person with whom the offender is engaging in consensual sexual in-
tercourse, lewd fondling or touching, or sodomy is 16 years of age or older
and (A) released on conditional release from a juvenile correctional facility
under the direct supervision and control of the offender or (B) placed in
the custody of the juvenile justice authority under the direct supervision
and control of the offender.

      (b) For purposes of this act:

      (1) ``Correctional institution'' means the same as prescribed by K.S.A.
75-5202, and amendments thereto;

      (2) ``inmate'' means the same as prescribed by K.S.A. 75-5202, and
amendments thereto;

      (3) ``parole officer'' means the same as prescribed by K.S.A. 75-5202,
and amendments thereto; and

      (4) ``postrelease supervision'' means the same as prescribed in the
Kansas sentencing guidelines act in K.S.A. 21-4703.;

      (5) ``juvenile detention facility'' means the same as prescribed by
K.S.A. 38-1602, and amendments thereto;

      (6) ``juvenile correctional facility'' means the same as prescribed by
K.S.A. 38-1602, and amendments thereto;

      (7) ``sanctions house'' means the same as prescribed by K.S.A. 38-
1602, and amendments thereto.

      (c) Unlawful sexual relations is a severity level 10 person felony.

      Sec.  9. K.S.A. 21-3705 is hereby amended to read as follows: 21-
3705. (a) Criminal deprivation of property is obtaining or exerting unau-
thorized control over property, with intent to deprive the owner of the
temporary use thereof, without the owner's consent but not with the
intent of depriving the owner permanently of the possession, use or ben-
efit of such owner's property.

      (b) Criminal deprivation of property that is a motor vehicle, as de-
fined in K.S.A. 8-1437, and amendments thereto, is a class A nonperson
felony misdemeanor. Upon a first conviction of this subsection, a person
shall be sentenced to not less than 30 days nor more than one year's
imprisonment and fined not less than $100. Upon a second or subsequent
conviction of this subsection, a person shall be sentenced to not less than
60 days nor more than one year's imprisonment and fined not less than
$200. The person convicted shall not be eligible for release on probation,
suspension or reduction of sentence or parole until the person has served
the minimum mandatory sentence as provided herein. The mandatory
provisions of this subsection shall not apply to any person where such
application would result in a manifest injustice.

      (c) Criminal deprivation of property other than a motor vehicle, as
defined in K.S.A. 8-1437, and amendments thereto, is a class A nonperson
misdemeanor. Upon a second or subsequent conviction of this subsection,
a person shall be sentenced to not less than 30 days imprisonment and
fined not less than $100, except that the provisions of this subsection
relating to a second or subsequent conviction shall not apply to any person
where such application would result in a manifest injustice.

      Sec.  10. K.S.A. 21-3731 is hereby amended to read as follows: 21-
3731. (a) Criminal use of explosives is the possession, manufacture or
transportation of commercial explosives; chemical compounds that form
explosives; incendiary or explosive material, liquid or solid; detonators;
blasting caps; military explosive fuse assemblies; squibs; or electric match
or functional improvised fuse assemblies; or any completed explosive de-
vices commonly known as pipe bombs or molotov cocktails. For purposes
of this section, explosives shall not include class ``c'' fireworks, legally
obtained and transferred commercial explosives by licensed individuals
and ammunition and commercially available loading powders and prod-
ucts used as ammunition.

      (b)  (1) Criminal use of explosives as defined in subsection (a) is a
severity level 8, person felony.

      (2) Criminal use of explosives as defined in subsection (a) if: (A) The
possession, manufacture or transportation is intended to be used to com-
mit a crime or is delivered to another with knowledge that such other
intends to use such substance to commit a crime; (B) a public safety
officer is placed at risk to defuse such explosive; or (C) the explosive is
introduced into a building in which there is another human being, is a
severity level 6, person felony.

      Sec.  11. K.S.A. 1998 Supp. 21-3810 is hereby amended to read as
follows: 21-3810. Aggravated escape from custody is:

      (a) Escaping while held in lawful custody (1) upon a charge or con-
viction of a felony or (2) upon a charge or adjudication as a juvenile
offender as defined in K.S.A. 38-1602, and amendments thereto, where
the act, if committed by an adult, would constitute a felony, or (3) prior
to or upon a finding of probable cause for evaluation as a sexually violent
predator as provided in K.S.A. 59-29a05 and amendments thereto, or (4)
upon commitment to a treatment facility as a sexually violent predator as
provided pursuant to K.S.A. 59-29a01 et seq. and amendments thereto
or (5) upon a commitment to the state security hospital as provided in
K.S.A. 22-3428 and amendments thereto based on a finding that the per-
son committed an act constituting a felony; or (6) by a person 18 years of
age or over who is being held in lawful custody on an adjudication of a
felony or (7) upon incarceration at a state correctional institution as de-
fined in K.S.A. 75-5207 and amendments thereto, while in the custody of
the secretary of corrections; or

      (b) Escaping effected or facilitated by the use of violence or the threat
of violence against any person while held in lawful custody (1) on a charge
or conviction of any crime or (2) on a charge or adjudication as a juvenile
offender as defined in K.S.A. 38-1602, and amendments thereto, where
the act, if committed by an adult, would constitute a felony, or (3) prior
to or upon a finding of probable cause for evaluation as a sexually violent
predator as provided in K.S.A. 59-29a05 and amendments thereto, or (4)
upon commitment to a treatment facility as a sexually violent predator as
provided in K.S.A. 59-29a01 et seq. and amendments thereto or (5) upon
a commitment to the state security hospital as provided in K.S.A. 22-3428
and amendments thereto based on a finding that the person committed
an act constituting any crime or (6) by a person 18 years of age or over
who is being held in lawful custody or on a charge or adjudication of a
misdemeanor or felony when such escape is effected or facilitated by the
use of violence or the threat of violence against any person or (7) upon
incarceration at a state correctional institution as defined in K.S.A. 75-
5207 and amendments thereto, while in the custody of the secretary of
corrections.

      (c)  (1) Aggravated escape from custody as described in subsection
(a)(1), (a)(3), (a)(4), (a)(5) or (a)(6) is a severity level 8, nonperson felony.

      (2) Aggravated escape from custody as described in subsection (a)(2)
or (a)(7) is a severity level 5, nonperson felony.

      (2) (3) Aggravated escape from custody as described in subsection
(b)(1), (b)(3), (b)(4), (b)(5) or (b)(6) is a severity level 6, person felony.

      (4) Aggravated escape from custody as described in subsection (b)(2)
or (b)(7) is a severity level 5, person felony.

      Sec.  12. K.S.A. 1998 Supp. 21-4201 is hereby amended to read as
follows: 21-4201. (a) Criminal use of weapons is knowingly:

      (1) Selling, manufacturing, purchasing, possessing or carrying any
bludgeon, sandclub, metal knuckles or throwing star, or any knife, com-
monly referred to as a switch-blade, which has a blade that opens auto-
matically by hand pressure applied to a button, spring or other device in
the handle of the knife, or any knife having a blade that opens or falls or
is ejected into position by the force of gravity or by an outward, downward
or centrifugal thrust or movement;

      (2) carrying concealed on one's person, or possessing with intent to
use the same unlawfully against another, a dagger, dirk, billy, blackjack,
slung shot, dangerous knife, straight-edged razor, stiletto or any other
dangerous or deadly weapon or instrument of like character, except that
an ordinary pocket knife with no blade more than four inches in length
shall not be construed to be a dangerous knife, or a dangerous or deadly
weapon or instrument;

      (3) carrying on one's person or in any land, water or air vehicle, with
intent to use the same unlawfully, a tear gas or smoke bomb or projector
or any object containing a noxious liquid, gas or substance;

      (4) carrying any pistol, revolver or other firearm concealed on one's
person except when on the person's land or in the person's abode or fixed
place of business;

      (5) setting a spring gun;

      (6) possessing any device or attachment of any kind designed, used
or intended for use in silencing the report of any firearm;

      (7) selling, manufacturing, purchasing, possessing or carrying a shot-
gun with a barrel less than 18 inches in length or any other firearm de-
signed to discharge or capable of discharging automatically more than
once by a single function of the trigger; or

      (8) possessing, manufacturing, causing to be manufactured, selling,
offering for sale, lending, purchasing or giving away any cartridge which
can be fired by a handgun and which has a plastic-coated bullet that has
a core of less than 60% lead by weight; or

      (9) possessing or transporting any incendiary or explosive material,
liquid, solid or mixture, equipped with a fuse, wick or any other detonat-
ing device, commonly known as a molotov cocktail or a pipe bomb.

      (b) Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affect
any of the following:

      (1) Law enforcement officers, or any person summoned by any such
officers to assist in making arrests or preserving the peace while actually
engaged in assisting such officer;

      (2) wardens, superintendents, directors, security personnel and keep-
ers of prisons, penitentiaries, jails and other institutions for the detention
of persons accused or convicted of crime, while acting within the scope
of their authority;

      (3) members of the armed services or reserve forces of the United
States or the Kansas national guard while in the performance of their
official duty; or

      (4) manufacture of, transportation to, or sale of weapons to a person
authorized under subsections (b)(1), (2) and (3) to possess such weapons.

      (c) Subsection (a)(4) shall not apply to or affect the following:

      (1) Watchmen, while actually engaged in the performance of the du-
ties of their employment;

      (2) licensed hunters or fishermen, while engaged in hunting or fish-
ing;

      (3) private detectives licensed by the state to carry the firearm in-
volved, while actually engaged in the duties of their employment;

      (4) detectives or special agents regularly employed by railroad com-
panies or other corporations to perform full-time security or investigative
service, while actually engaged in the duties of their employment;

      (5) the state fire marshal, the state fire marshal's deputies or any
member of a fire department authorized to carry a firearm pursuant to
K.S.A. 31-157 and amendments thereto, while engaged in an investigation
in which such fire marshal, deputy or member is authorized to carry a
firearm pursuant to K.S.A. 31-157 and amendments thereto; or

      (6) special deputy sheriffs described in K.S.A. 1998 Supp. 19-827 who
have satisfactorily completed the basic course of instruction required for
permanent appointment as a part-time law enforcement officer under
K.S.A. 74-5607a and amendments thereto.

      (d) Subsections (a)(1), (6) and (7) shall not apply to any person who
sells, purchases, possesses or carries a firearm, device or attachment
which has been rendered unserviceable by steel weld in the chamber and
marriage weld of the barrel to the receiver and which has been registered
in the national firearms registration and transfer record in compliance
with 26 U.S.C. 5841 et seq. in the name of such person and, if such person
transfers such firearm, device or attachment to another person, has been
so registered in the transferee's name by the transferor.

      (e) Subsection (a)(8) shall not apply to a governmental laboratory or
solid plastic bullets.

      (f) It shall be a defense that the defendant is within an exemption.

      (g) Violation of subsections (a)(1) through (a)(5) or subsection (a)(9)
is a class A nonperson misdemeanor. Violation of subsection (a)(6), (a)(7)
or (a)(8) is a severity level 9, nonperson felony.

      (h) As used in this section, ``throwing star'' means any instrument,
without handles, consisting of a metal plate having three or more radiating
points with one or more sharp edges and designed in the shape of a
polygon, trefoil, cross, star, diamond or other geometric shape, manufac-
tured for use as a weapon for throwing.

      Sec.  13. K.S.A. 1998 Supp. 21-4603d is hereby amended to read as
follows: 21-4603d. (a) Whenever any person has been found guilty of a
crime, the court may adjudge any of the following:

      (1) Commit the defendant to the custody of the secretary of correc-
tions if the current crime of conviction is a felony and the sentence pre-
sumes imprisonment, or the sentence imposed is a dispositional departure
to imprisonment; or, if confinement is for a misdemeanor, to jail for the
term provided by law;

      (2) impose the fine applicable to the offense;

      (3) release the defendant on probation if the current crime of con-
viction and criminal history fall within a presumptive nonprison category
or through a departure for substantial and compelling reasons subject to
such conditions as the court may deem appropriate. In felony cases except
for violations of K.S.A. 8-1567 and amendments thereto, the court may
include confinement in a county jail not to exceed 30 days, which need
not be served consecutively, as a condition of probation or community
corrections placement;

      (4) assign the defendant to a community correctional services pro-
gram in presumptive nonprison cases or through a departure for substan-
tial and compelling reasons subject to such conditions as the court may
deem appropriate, including orders requiring full or partial restitution;

      (5) assign the defendant to a conservation camp for a period not to
exceed six months as a condition of probation followed by a six-month
period of follow-up through adult intensive supervision by a community
correctional services program, if the offender successfully completes the
conservation camp program. If the defendant was classified in grid blocks
3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the
court may impose a nonprison sanction on the condition that the offender
complete the program at the Labette correctional conservation camp or
a conservation camp established by the secretary of corrections pursuant
to K.S.A. 75-52,127, and amendments thereto. Such a placement decision
shall not be considered a departure and shall not be subject to appeal;

      (6) assign the defendant to a house arrest program pursuant to K.S.A.
21-4603b and amendments thereto;

      (7) order the defendant to attend and satisfactorily complete an al-
cohol or drug education or training program as provided by subsection
(3) of K.S.A. 21-4502 and amendments thereto;

      (8) order the defendant to repay the amount of any reward paid by
any crime stoppers chapter, individual, corporation or public entity which
materially aided in the apprehension or conviction of the defendant; repay
the amount of any costs and expenses incurred by any law enforcement
agency in the apprehension of the defendant, if one of the current crimes
of conviction of the defendant includes escape, as defined in K.S.A. 21-
3809 and amendments thereto or aggravated escape, as defined in K.S.A.
21-3810 and amendments thereto; or repay the amount of any public
funds utilized by a law enforcement agency to purchase controlled sub-
stances from the defendant during the investigation which leads to the
defendant's conviction. Such repayment of the amount of any such costs
and expenses incurred by a law enforcement agency or any public funds
utilized by a law enforcement agency shall be deposited and credited to
the same fund from which the public funds were credited to prior to use
by the law enforcement agency;

      (9) order the defendant to pay the administrative fee authorized by
K.S.A. 1998 Supp. 22-4529 and amendments thereto, unless waived by
the court;

      (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
(7), (8) and (9); or

      (11) suspend imposition of sentence in misdemeanor cases.

      In addition to or in lieu of any of the above, the court shall order the
defendant to pay restitution, which shall include, but not be limited to,
damage or loss caused by the defendant's crime, unless the court finds
compelling circumstances which would render a plan of restitution un-
workable. If the court finds a plan of restitution unworkable, the court
shall state on the record in detail the reasons therefor.

      If the court orders restitution, the restitution shall be a judgment
against the defendant which may be collected by the court by garnishment
or other execution as on judgments in civil cases. If, after 60 days from
the date restitution is ordered by the court, a defendant is found to be in
noncompliance with the plan established by the court for payment of
restitution, and the victim to whom restitution is ordered paid has not
initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
amendments thereto, the court shall assign an agent procured by the
attorney general pursuant to K.S.A. 75-719 and amendments thereto to
collect the restitution on behalf of the victim. The administrative judge
of each judicial district may assign such cases to an appropriate division
of the court for the conduct of civil collection proceedings.

      In addition to or in lieu of any of the above, the court shall order the
defendant to submit to and complete an alcohol and drug evaluation, and
pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
and amendments thereto.

      In addition to any of the above, the court shall order the defendant to
reimburse the county general fund for all or a part of the expenditures
by the county to provide counsel and other defense services to the de-
fendant. Any such reimbursement to the county shall be paid only after
any order for restitution has been paid in full. In determining the amount
and method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose manifest hardship on the defendant or the defendant's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment.

      In imposing a fine the court may authorize the payment thereof in
installments. In releasing a defendant on probation, the court shall direct
that the defendant be under the supervision of a court services officer. If
the court commits the defendant to the custody of the secretary of cor-
rections or to jail, the court may specify in its order the amount of res-
titution to be paid and the person to whom it shall be paid if restitution
is later ordered as a condition of parole or conditional release.

      When a new felony is committed while the offender is incarcerated
and serving a sentence for a felony or while the offender is on probation,
assignment to a community correctional services program, parole, con-
ditional release, or postrelease supervision for a felony, a new sentence
shall be imposed pursuant to the consecutive sentencing requirements of
K.S.A. 21-4608, and amendments thereto, and the court may sentence
the offender to imprisonment for the new conviction, even when the new
crime of conviction otherwise presumes a nonprison sentence. In this
event, imposition of a prison sentence for the new crime does not con-
stitute a departure. When a new felony is committed while the offender
is on release for a felony pursuant to the provisions of article 28 of chapter
22 of the Kansas Statutes Annotated, a new sentence may be imposed
pursuant to the consecutive sentencing requirements of K.S.A. 21-4608
and amendments thereto, and the court may sentence the offender to
imprisonment for the new conviction, even when the new crime of con-
viction otherwise presumes a nonprison sentence. In this event, imposition
of a prison sentence for the new crime does not constitute a departure.

      Prior to imposing a dispositional departure for a defendant whose of-
fense is classified in the presumptive nonprison grid block of either sen-
tencing guideline grid, prior to sentencing a defendant to incarceration
whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H,
3-I, 4-E or 4-F of the sentencing guidelines grid for drug crimes, or prior
to revocation of a nonprison sanction of a defendant whose offense is
classified in the presumptive nonprison grid block of either sentencing
guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines
grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or
4-F of the sentencing guidelines grid for drug crimes, the court shall
consider placement of the defendant in the Labette correctional conser-
vation camp, conservation camps established by the secretary of correc-
tions pursuant to K.S.A. 75-52,127, and amendment thereto or a com-
munity intermediate sanction center. Pursuant to this paragraph the
defendant shall not be sentenced to imprisonment if space is available in
a conservation camp or a community intermediate sanction center and
the defendant meets all of the conservation camp's or a community in-
termediate sanction center's placement criteria unless the court states on
the record the reasons for not placing the defendant in a conservation
camp or a community intermediate sanction center.

      The court in committing a defendant to the custody of the secretary of
corrections shall fix a term of confinement within the limits provided by
law. In those cases where the law does not fix a term of confinement for
the crime for which the defendant was convicted, the court shall fix the
term of such confinement.

      In addition to any of the above, the court shall order the defendant to
reimburse the state general fund for all or a part of the expenditures by
the state board of indigents' defense services to provide counsel and other
defense services to the defendant. In determining the amount and
method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose manifest hardship on the defendant or the defendant's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment. The amount of attorney fees to be in-
cluded in the court order for reimbursement shall be the amount claimed
by appointed counsel on the payment voucher for indigents' defense serv-
ices or the amount prescribed by the board of indigents' defense services
reimbursement tables as provided in K.S.A. 22-4522, and amendments
thereto, whichever is less.

      (b) Dispositions which do not involve commitment to the custody of
the secretary of corrections shall not entail the loss by the defendant of
any civil rights. Placement of offenders in a conservation camp established
by the secretary of corrections pursuant to K.S.A. 75-52,127, and amend-
ments thereto, as a nonimprisonment disposition shall not entail the loss
by the defendant of any civil rights.

      (c) This section shall not deprive the court of any authority conferred
by any other Kansas statute to decree a forfeiture of property, suspend
or cancel a license, remove a person from office, or impose any other civil
penalty as a result of conviction of crime.

      (d) An application for or acceptance of probation or assignment to a
community correctional services program shall not constitute an acqui-
escence in the judgment for purpose of appeal, and any convicted person
may appeal from such conviction, as provided by law, without regard to
whether such person has applied for probation, suspended sentence or
assignment to a community correctional services program.

      (e) The secretary of corrections is authorized to make direct place-
ment to the Labette correctional conservation camp or a conservation
camp established by the secretary pursuant to K.S.A. 75-52,127, and
amendments thereto, of an inmate sentenced to the secretary's custody
if the inmate: (1) Has been sentenced to the secretary for a probation
revocation or, as a departure from the presumptive nonimprisonment grid
block of either sentencing grid, or for an offense which is classified in
grid blocks 5-H, 5-I, or 6-G of the sentencing guidelines grid for nondrug
crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E, or 4-F of the sen-
tencing guidelines grid for drug crimes; and (2) otherwise meets admis-
sion criteria of the camp. If the inmate successfully completes the six-
month conservation camp program, the secretary of corrections shall
report such completion to the sentencing court and the county or district
attorney. The inmate shall then be assigned by the court to six months of
follow-up supervision conducted by the appropriate community correc-
tions services program. The court may also order that supervision con-
tinue thereafter for the length of time authorized by K.S.A. 21-4611 and
amendments thereto.

      (f) When it is provided by law that a person shall be sentenced pur-
suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
this section shall not apply.

      Sec.  14. K.S.A. 21-4605 is hereby amended to read as follows: 21-
4605. (a) (1) Upon request of the attorney for the state or the counsel for
the defendant, The judge shall make available to the attorney for the state
or counsel for the defendant the presentence report, any report that may
be received from the Topeka correctional facility or the state security
hospital and other diagnostic reports and shall allow the attorney or coun-
sel a reasonable time to review the report before sentencing the defend-
ant. Except as otherwise provided in this section, all these reports shall
be part of the record but shall be sealed and opened only on order of the
court.

      (2) The court shall permit the attorney for the state or the counsel
for the defendant, upon request, to copy and retain any of the reports
under subsection (a)(1). Any reports copied and retained shall be kept in
the records of the attorney for the state or the counsel for the defendant
and shall not be disclosed to any unauthorized person without permission
of the court. All costs of copying such reports shall be paid by the office
of the attorney for the state or the counsel for the defendant making the
request.

      (b) If a defendant is committed to the custody of the secretary of
corrections, all reports under subsection (a)(1) shall be sent to the sec-
retary of corrections and, in accordance with K.S.A. 75-5220, and amend-
ments thereto, to the warden of the state correctional institution to which
the defendant is conveyed.

      (c) Nothing in this section shall be construed as prohibiting the at-
torney for the defendant from disclosing the report of the presentence
investigation, or other diagnostic reports, to the defendant after receiving
court approval to do so.

      (d) Notwithstanding subsections (a), (b) and (c), the presentence re-
port, any report that may be received from the Topeka correctional facility
or the state security hospital and other diagnostic reports, shall be made
available upon request to the Kansas sentencing commission for the pur-
pose of data collection and evaluation. The presentence report shall be-
come part of the court record and shall be accessible to the public, except
that the official version, the defendant's version, the victim's statement,
any psychological reports and any drug and alcohol reports shall be ac-
cessible only to the attorney for the state and the counsel for the defendant,
the sentencing judge, the department of corrections and if requested, the
Kansas sentencing commission. If the offender is committed to the custody
of the secretary of corrections, the report shall be sent to the secretary
and, in accordance with K.S.A. 75-5220 and amendments thereto, to the
warden of the state correctional institution to which the defendant is con-
veyed.

      (e) (c) For felony crimes committed on or after July 1, 1993, the
provisions of this section are not applicable to the presentence investi-
gation report.

      Sec.  15. K.S.A. 21-4635 is hereby amended to read as follows: 21-
4635. (a) Except as provided in K.S.A. 21-4634 and amendments thereto,
if a defendant is convicted of the crime of capital murder and a sentence
of death is not imposed, or if a defendant is convicted of murder in the
first degree based upon the finding of premeditated murder, the court
shall determine whether the defendant shall be required to serve a man-
datory term of imprisonment of 40 years or for crimes committed on and
after July 1, 1999, a mandatory term of imprisonment of 50 years or
sentenced as otherwise provided by law.

      (b) In order to make such determination, the court may be presented
evidence concerning any matter that the court deems relevant to the
question of sentence and shall include matters relating to any of the ag-
gravating circumstances enumerated in K.S.A. 21-4636 and amendments
thereto and any mitigating circumstances. Any such evidence which the
court deems to have probative value may be received regardless of its
admissibility under the rules of evidence, provided that the defendant is
accorded a fair opportunity to rebut any hearsay statements. Only such
evidence of aggravating circumstances as the state has made known to
the defendant prior to the sentencing shall be admissible and no evidence
secured in violation of the constitution of the United States or of the state
of Kansas shall be admissible. No testimony by the defendant at the time
of sentencing shall be admissible against the defendant at any subsequent
criminal proceeding. At the conclusion of the evidentiary presentation,
the court shall allow the parties a reasonable period of time in which to
present oral argument.

      (c) If the court finds that one or more of the aggravating circum-
stances enumerated in K.S.A. 21-4636 and amendments thereto exist and,
further, that the existence of such aggravating circumstances is not out-
weighed by any mitigating circumstances which are found to exist, the
defendant shall be sentenced pursuant to K.S.A. 21-4638 and amend-
ments thereto; otherwise, the defendant shall be sentenced as provided
by law. The court shall designate, in writing, the statutory aggravating
circumstances which it found. The court may make the findings required
by this subsection for the purpose of determining whether to sentence a
defendant pursuant to K.S.A. 21-4638 and amendments thereto notwith-
standing contrary findings made by the jury or court pursuant to subsec-
tion (e) of K.S.A. 21-4624 and amendments thereto for the purpose of
determining whether to sentence such defendant to death.

      Sec.  16. K.S.A. 21-4638 is hereby amended to read as follows: 21-
4638. When it is provided by law that a person shall be sentenced pur-
suant to this section, such person shall be sentenced to imprisonment for
life and shall not be eligible for probation or suspension, modification or
reduction of sentence. Except as otherwise provided, in addition, a person
sentenced pursuant to this section shall not be eligible for parole prior to
serving 40 years' imprisonment, and such 40 years' imprisonment shall
not be reduced by the application of good time credits. For crimes com-
mitted on and after July 1, 1999, a person sentenced pursuant to this
section shall not be eligible for parole prior to serving 50 years' impris-
onment, and such 50 years' imprisonment shall not be reduced by the
application of good time credits. Upon sentencing a defendant pursuant
to this section, the court shall commit the defendant to the custody of
the secretary of corrections and the court shall state in the sentencing
order of the judgment form or journal entry, whichever is delivered with
the defendant to the correctional institution, that the defendant has been
sentenced pursuant to K.S.A. 21-4638 and amendments thereto.

      Sec.  17. K.S.A. 1998 Supp. 21-4704 is hereby amended to read as
follows: 21-4704. (a) For purposes of sentencing, the following sentencing
guidelines grid for nondrug crimes shall be applied in felony cases for
crimes committed on or after July 1, 1993:



      (b) The provisions of this section shall be applicable to the sentencing
guidelines grid for nondrug crimes. Sentences expressed in such grid
represent months of imprisonment.

      (c) The sentencing guidelines grid is a two-dimensional crime severity
and criminal history classification tool. The grid's vertical axis is the crime
severity scale which classifies current crimes of conviction. The grid's
horizontal axis is the criminal history scale which classifies criminal his-
tories.

      (d) The sentencing guidelines grid for nondrug crimes as provided in
this section defines presumptive punishments for felony convictions, sub-
ject to judicial discretion to deviate for substantial and compelling reasons
and impose a different sentence in recognition of aggravating and miti-
gating factors as provided in this act. The appropriate punishment for a
felony conviction should depend on the severity of the crime of conviction
when compared to all other crimes and the offender's criminal history.

      (e)  (1) The sentencing court has discretion to sentence at any place
within the sentencing range. The sentencing judge shall select the center
of the range in the usual case and reserve the upper and lower limits for
aggravating and mitigating factors insufficient to warrant a departure.

      (2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the prison sen-
tence, the maximum potential reduction to such sentence as a result of
good time and the period of postrelease supervision at the sentencing
hearing. Failure to pronounce the period of postrelease supervision shall
not negate the existence of such period of postrelease supervision.

      (3) In presumptive nonprison cases, the sentencing court shall pro-
nounce the prison sentence as well as the duration of the nonprison sanc-
tion at the sentencing hearing.

      (f) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such of-
fender in that grid block. If an offense is classified in a grid block below
the dispositional line, the presumptive disposition shall be nonimprison-
ment. If an offense is classified in a grid block above the dispositional
line, the presumptive disposition shall be imprisonment. If an offense is
classified in grid blocks 5-H, 5-I or 6-G, the court may impose an optional
nonprison sentence upon making the following findings on the record:

      (1) An appropriate treatment program exists which is likely to be
more effective than the presumptive prison term in reducing the risk of
offender recidivism; and

      (2) the recommended treatment program is available and the of-
fender can be admitted to such program within a reasonable period of
time; or

      (3) the nonprison sanction will serve community safety interests by
promoting offender reformation.

      Any decision made by the court regarding the imposition of an optional
nonprison sentence if the offense is classified in grid blocks 5-H, 5-I or
6-G shall not be considered a departure and shall not be subject to appeal.

      (g) The sentence for the violation of K.S.A. 21-3411, aggravated as-
sault against a law enforcement officer or K.S.A. 21-3415, aggravated
battery against a law enforcement officer and amendments thereto which
places the defendant's sentence in grid block 6-H or 6-I shall be pre-
sumed imprisonment. The court may impose an optional nonprison sen-
tence upon making a finding on the record that the nonprison sanction
will serve community safety interests by promoting offender reformation.
Any decision made by the court regarding the imposition of the optional
nonprison sentence, if the offense is classified in grid block 6-H or 6-I,
shall not be considered departure and shall not be subject to appeal.

      (h) When a firearm is used to commit any person felony, the of-
fender's sentence shall be presumed imprisonment. The court may im-
pose an optional nonprison sentence upon making a finding on the record
that the nonprison sanction will serve community safety interests by pro-
moting offender reformation. Any decision made by the court regarding
the imposition of the optional nonprison sentence shall not be considered
a departure and shall not be subject to appeal.

      (i) The sentence for the violation of the felony provision of K.S.A. 8-
1567 and subsection (b) of K.S.A. 21-3705, (c)(3) of K.S.A. 21-3412 and
amendments thereto shall be as provided by the specific mandatory sen-
tencing requirements of that section and shall not be subject to the pro-
visions of this section or K.S.A. 21-4707 and amendments thereto. Not-
withstanding the provisions of any other section, the term of
imprisonment imposed for the violation of the felony provision of K.S.A.
8-1567 and subsection (b) of K.S.A. 21-3705, (c)(3) of K.S.A. 21-3412 and
amendments thereto shall not be served in a state facility in the custody
of the secretary of corrections.

      (j) The sentence for any persistent sex offender whose current con-
victed crime carries a presumptive term of imprisonment shall be double
the maximum duration of the presumptive imprisonment term. The sen-
tence for any persistent sex offender whose current conviction carries a
presumptive nonprison term shall be presumed imprisonment and shall
be double the maximum duration of the presumptive imprisonment term.
Except as otherwise provided in this subsection, as used in this subsection,
``persistent sex offender'' means a person who: (1) Has been convicted in
this state of a sexually violent crime, as defined in K.S.A. 22-3717 and
amendments thereto; and (2) at the time of the conviction under subsec-
tion (1) has at least one conviction for a sexually violent crime, as defined
in K.S.A. 22-3717 and amendments thereto in this state or comparable
felony under the laws of another state, the federal government or a for-
eign government. The provisions of this subsection shall not apply to any
person whose current convicted crime is a severity level 1 or 2 felony.

      (k) If it is shown at sentencing that the offender committed any felony
violation for the benefit of, at the direction of, or in association with any
criminal street gang, with the specific intent to promote, further or assist
in any criminal conduct by gang members, the offender's sentence shall
be presumed imprisonment. Any decision made by the court regarding
the imposition of the optional nonprison sentence shall not be considered
a departure and shall not be subject to appeal. As used in this subsection,
``criminal street gang'' means any organization, association or group of
three or more persons, whether formal or informal, having as one of its
primary activities the commission of one or more person felonies or felony
violations of the uniform controlled substances act, K.S.A. 65-4101 et seq.,
and amendments thereto, which has a common name or common iden-
tifying sign or symbol, whose members, individually or collectively engage
in or have engaged in the commission, attempted commission, conspiracy
to commit or solicitation of two or more person felonies or felony viola-
tions of the uniform controlled substances act, K.S.A. 65-4101 et seq.,
and amendments thereto, or any substantially similar offense from an-
other jurisdiction.

      (l) The sentence for a violation of subsection (a) of K.S.A. 21-3715
and amendments thereto when such person being sentenced has a prior
conviction for a violation of subsection (a) or (b) of K.S.A. 21-3715 or 21-
3716 and amendments thereto shall be presumed imprisonment.

      Sec.  18. K.S.A. 1998 Supp. 21-4706 is hereby amended to read as
follows: 21-4706. (a) For crimes committed on or after July 1, 1993, the
sentences of imprisonment shall represent the time a person shall actually
serve, subject to a reduction of up to 15% of the primary sentence for
good time as authorized by law.

      (b) The sentencing court shall pronounce sentence in all felony cases.

      (c) Violations of K.S.A. 21-3401, subsection (a) of K.S.A. 21-3402, 21-
3439 and 21-3801 and amendments thereto are off-grid crimes for the
purpose of sentencing. Except as otherwise provided by K.S.A. 21-4622
through 21-4627, and 21-4629 through 21-4631, and amendments
thereto, the sentence shall be imprisonment for life.

      Sec.  19. K.S.A. 1998 Supp. 21-4711 is hereby amended to read as
follows: 21-4711. In addition to the provisions of K.S.A. 21-4710 and
amendments thereto, the following shall apply in determining an of-
fender's criminal history classification as contained in the presumptive
sentencing guidelines grid for nondrug crimes and the presumptive sen-
tencing guidelines grid for drug crimes:

      (a) Every three prior adult convictions or juvenile adjudications of
class A and class B person misdemeanors in the offender's criminal his-
tory, or any combination thereof, shall be rated as one adult conviction
or one juvenile adjudication of a person felony for criminal history pur-
poses. Every three prior adult convictions or juvenile adjudications of
assault as defined in K.S.A. 21-3408 and amendments thereto occurring
within a period of commencing three years prior to the date of conviction
for the current crime of conviction shall be rated as one adult conviction
or one juvenile adjudication of a person felony for criminal history pur-
poses.

      (b) A conviction of subsection (a)(1) of K.S.A. 21-4204 and amend-
ments thereto, criminal possession of firearms by a person who is both
addicted to and an unlawful user of a controlled substance, subsection
(a)(4) of K.S.A. 21-4204 and amendments thereto, possession of a firearm
on school grounds or K.S.A. 21-4218 and amendments thereto, possession
of a firearm on the grounds or in the state capitol building, will be scored
as a select class B nonperson misdemeanor conviction or adjudication and
shall not be scored as a person misdemeanor for criminal history pur-
poses.

      (c)  (1) If the current crime of conviction was committed before July
1, 1996, and is for subsection (b) of K.S.A. 21-3404, involuntary man-
slaughter in the commission of K.S.A. 8-1567 and amendments thereto
driving under the influence, then, each prior adult conviction or juvenile
adjudication for K.S.A. 8-1567 and amendments thereto shall count as
one person felony for criminal history purposes.

      (2) If the current crime of conviction was committed on or after July
1, 1996, and is for involuntary manslaughter while driving under the in-
fluence of alcohol and drugs, each prior adult conviction, diversion in lieu
of criminal prosecution or juvenile adjudication for an act described in
K.S.A. 8-1567 and amendments thereto shall count as one person felony
for criminal history purposes.

      (d) Prior burglary adult convictions and juvenile adjudications will be
scored for criminal history purposes as follows:

      (1) As a prior person felony if the prior conviction or adjudication
was classified as a burglary as described in subsection (a) of K.S.A. 21-
3715 and amendments thereto.

      (2) As a prior nonperson felony if the prior conviction or adjudication
was classified as a burglary as described in subsection (b) or (c) of K.S.A.
21-3715 and amendments thereto.

      The facts required to classify prior burglary adult convictions and ju-
venile adjudications must be established by the state by a preponderance
of the evidence.

      (e) Out-of-state convictions and juvenile adjudications will be used in
classifying the offender's criminal history. An out-of-state crime will be
classified as either a felony or a misdemeanor according to the convicting
jurisdiction. If a crime is a felony in another state, it will be counted as a
felony in Kansas. The state of Kansas shall classify the crime as person or
nonperson. In designating a crime as person or nonperson comparable
offenses shall be referred to. If the state of Kansas does not have a com-
parable offense, the out-of-state conviction shall be classified as a non-
person crime. Convictions or adjudications occurring within the federal
system, other state systems, the District of Columbia, foreign, tribal or
military courts are considered out-of-state convictions or adjudications.
The facts required to classify out-of-state adult convictions and juvenile
adjudications must be established by the state by a preponderance of the
evidence.

      (f) Except as provided in subsections (4), (5) and (6) of K.S.A. 21-
4705 21-4710 and amendments thereto, juvenile adjudications will be
applied in the same manner as adult convictions. Out-of-state juvenile
adjudications will be treated as juvenile adjudications in Kansas.

      (g) A prior felony conviction of an attempt, a conspiracy or a solici-
tation as provided in K.S.A. 21-3301, 21-3302 or 21-3303 and amend-
ments thereto, to commit a crime shall be treated as a person or non-
person crime in accordance with the designation assigned to the
underlying crime.

      (h) Drug crimes are designated as nonperson crimes for criminal his-
tory scoring.

      Sec.  20. K.S.A. 1998 Supp. 22-3717 is hereby amended to read as
follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
4638 and amendments thereto, an inmate, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court,
less good time credits.

      (b)  (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
amendments thereto, an inmate sentenced to imprisonment for the crime
of capital murder, or an inmate sentenced for the crime of murder in the
first degree based upon a finding of premeditated murder, committed on
or after July 1, 1994, shall be eligible for parole after serving 25 years of
confinement, without deduction of any good time credits.

      (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
and amendments thereto, an inmate sentenced to imprisonment for an
off-grid offense committed on or after July 1, 1993, but prior to July 1,
1999, shall be eligible for parole after serving 15 years of confinement,
without deduction of any good time credits and an inmate sentenced to
imprisonment for an off-grid offense committed on or after July 1, 1999,
shall be eligible for parole after serving 20 years of confinement without
deduction of any good time credits.

      (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
repeal, an inmate sentenced for a class A felony committed before July
1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
amendments thereto, shall be eligible for parole after serving 15 years of
confinement, without deduction of any good time credits.

      (4) An inmate sentenced to imprisonment for a violation of subsec-
tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after
July 1, 1996, but prior to July 1, 1999, shall be eligible for parole after
serving 10 years of confinement without deduction of any good time cred-
its.

      (c) Except as provided in subsection (e), if an inmate is sentenced to
imprisonment for more than one crime and the sentences run consecu-
tively, the inmate shall be eligible for parole after serving the total of:

      (1) The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608 and amendments thereto, less good time credits for those
crimes which are not class A felonies; and

      (2) an additional 15 years, without deduction of good time credits,
for each crime which is a class A felony.

      (d)  (1) Persons sentenced for crimes, other than off-grid crimes,
committed on or after July 1, 1993, will not be eligible for parole, but will
be released to a mandatory period of postrelease supervision upon com-
pletion of the prison portion of their sentence as follows:

      (A) Except as provided in subparagraphs (C) and (D), persons sen-
tenced for nondrug severity level 1 through 6 crimes and drug severity
levels 1 through 3 crimes must serve 36 months, plus the amount of good
time earned and retained pursuant to K.S.A. 21-4722 and amendments
thereto, on postrelease supervision.

      (B) Except as provided in subparagraphs (C) and (D), persons sen-
tenced for nondrug severity level 7 through 10 crimes and drug severity
level 4 crimes must serve 24 months, plus the amount of good time earned
and retained pursuant to K.S.A. 21-4722 and amendments thereto, on
postrelease supervision.

      (C)  (i) The sentencing judge shall impose the postrelease supervision
period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
finds substantial and compelling reasons to impose a departure based
upon a finding that the current crime of conviction was sexually violent
or sexually motivated. In that event, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.

      (ii) If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure. De-
partures in this section are subject to appeal pursuant to K.S.A. 21-4721
and amendments thereto.

      (iii) In determining whether substantial and compelling reasons exist,
the court shall consider:

      (a) Written briefs or oral arguments submitted by either the defend-
ant or the state;

      (b) any evidence received during the proceeding;

      (c) the presentence report, the victim's impact statement and any
psychological evaluation as ordered by the court pursuant to subsection
(e) of K.S.A. 21-4714 and amendments thereto; and

      (d) any other evidence the court finds trustworthy and reliable.

      (iv) The sentencing judge may order that a psychological evaluation
be prepared and the recommended programming be completed by the
offender. The department of corrections or the parole board shall ensure
that court ordered sex offender treatment be carried out.

      (v) In carrying out the provisions of subparagraph (d)(1)(C), the court
shall refer to K.S.A. 21-4718 and amendments thereto.

      (vi) Upon petition, the parole board may provide for early discharge
from the postrelease supervision period upon completion of court or-
dered programs and completion of the presumptive postrelease super-
vision period, as determined by the crime of conviction, pursuant to sub-
paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
is at the discretion of the parole board.

      (vii) Persons convicted of crimes deemed sexually violent or sexually
motivated, shall be registered according to the habitual sex offender reg-
istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.

      (D) The period of postrelease supervision provided in subparagraphs
(A) and (B) may be reduced by up to 12 months based on the offender's
compliance with conditions of supervision and overall performance while
on postrelease supervision. The reduction in the supervision period shall
be on an earned basis pursuant to rules and regulations adopted by the
secretary of corrections.

      (E) In cases where sentences for crimes from more than one severity
level have been imposed, the offender shall serve the longest period of
postrelease supervision as provided by this section available for any crime
upon which sentence was imposed irrespective of the severity level of the
crime. Supervision periods will not aggregate.

      (2) As used in this section, ``sexually violent crime'' means:

      (A) Rape, K.S.A. 21-3502, and amendments thereto;

      (B) indecent liberties with a child, K.S.A. 21-3503, and amendments
thereto;

      (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and
amendments thereto;

      (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
and amendments thereto;

      (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments
thereto;

      (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments
thereto;

      (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and
amendments thereto;

      (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments
thereto;

      (I) aggravated sexual battery, K.S.A. 21-3518, and amendments
thereto;

      (J) any conviction for a felony offense in effect at any time prior to
the effective date of this act, that is comparable to a sexually violent crime
as defined in subparagraphs (A) through (I), or any federal or other state
conviction for a felony offense that under the laws of this state would be
a sexually violent crime as defined in this section;

      (K) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
violent crime as defined in this section; or

      (L) any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated.
As used in this subparagraph, ``sexually motivated'' means that one of the
purposes for which the defendant committed the crime was for the pur-
pose of the defendant's sexual gratification.

      (e) If an inmate is sentenced to imprisonment for a crime committed
while on parole or conditional release, the inmate shall be eligible for
parole as provided by subsection (c), except that the Kansas parole board
may postpone the inmate's parole eligibility date by assessing a penalty
not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other
than conviction of a crime.

      (f) If a person is sentenced to prison for a crime committed on or
after July 1, 1993, while on probation, parole, conditional release or in a
community corrections program, for a crime committed prior to July 1,
1993, and the person is not eligible for retroactive application of the
sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724 and amendments thereto, the new sentence shall not be aggregated
with the old sentence, but shall begin when the person is paroled or
reaches the conditional release date on the old sentence. If the offender
was past the offender's conditional release date at the time the new of-
fense was committed, the new sentence shall not be aggregated with the
old sentence but shall begin when the person is ordered released by the
Kansas parole board or reaches the maximum sentence expiration date
on the old sentence, whichever is earlier. The new sentence shall then
be served as otherwise provided by law. The period of postrelease su-
pervision shall be based on the new sentence, except that those offenders
whose old sentence is a term of imprisonment for life, imposed pursuant
to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
sentence with a maximum term of life imprisonment, for which there is
no conditional release or maximum sentence expiration date, shall remain
on postrelease supervision for life or until discharged from supervision
by the Kansas parole board.

      (g) Subject to the provisions of this section, the Kansas parole board
may release on parole those persons confined in institutions who are el-
igible for parole when: (1) The board believes that the inmate should be
released for hospitalization, for deportation or to answer the warrant or
other process of a court and is of the opinion that there is reasonable
probability that the inmate can be released without detriment to the com-
munity or to the inmate; or (2) the secretary of corrections has reported
to the board in writing that the inmate has satisfactorily completed the
programs required by any agreement entered under K.S.A. 75-5210a and
amendments thereto, or any revision of such agreement, and the board
believes that the inmate is able and willing to fulfill the obligations of a
law abiding citizen and is of the opinion that there is reasonable proba-
bility that the inmate can be released without detriment to the community
or to the inmate. Parole shall not be granted as an award of clemency and
shall not be considered a reduction of sentence or a pardon.

      (h) The Kansas parole board shall hold a parole hearing at least the
month prior to the month an inmate will be eligible for parole under
subsections (a), (b) and (c). At least the month preceding the parole hear-
ing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public
comment sessions for the inmate to any victim of the inmate's crime who
is alive and whose address is known to the county or district attorney or,
if the victim is deceased, to the victim's family if the family's address is
known to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to postpone
a parole hearing. In the case of any inmate convicted of a class A felony
the secretary of corrections shall give written notice of the time and place
of the public comment session for such inmate at least one month pre-
ceding the public comment session to any victim of such inmate's crime
or the victim's family pursuant to K.S.A. 74-7338 and amendments
thereto. If notification is not given to such victim or such victim's family
in the case of any inmate convicted of a class A felony, the board shall
postpone a decision on parole of the inmate to a time at least 30 days
after notification is given as provided in this section. Nothing in this sec-
tion shall create a cause of action against the state or an employee of the
state acting within the scope of the employee's employment as a result
of the failure to notify pursuant to this section. If granted parole, the
inmate may be released on parole on the date specified by the board, but
not earlier than the date the inmate is eligible for parole under subsec-
tions (a), (b) and (c). At each parole hearing and, if parole is not granted,
at such intervals thereafter as it determines appropriate, the Kansas parole
board shall consider: (1) Whether the inmate has satisfactorily completed
the programs required by any agreement entered under K.S.A. 75-5210a
and amendments thereto, or any revision of such agreement; and (2) all
pertinent information regarding such inmate, including, but not limited
to, the circumstances of the offense of the inmate; the presentence report;
the previous social history and criminal record of the inmate; the conduct,
employment, and attitude of the inmate in prison; the reports of such
physical and mental examinations as have been made; comments of the
victim and the victim's family; comments of the public; official comments;
and capacity of state correctional institutions.

      (i) In those cases involving inmates sentenced for a crime committed
after July 1, 1993, the parole board will review the inmates proposed
release plan. The board may schedule a hearing if they desire. The board
may impose any condition they deem necessary to insure public safety,
aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and
amendments thereto. The board may not advance or delay an inmate's
release date. Every inmate while on postrelease supervision shall remain
in the legal custody of the secretary of corrections and is subject to the
orders of the secretary.

      (j) Before ordering the parole of any inmate, the Kansas parole board
shall have the inmate appear before either in person or via a video con-
ferencing format and shall interview the inmate unless impractical be-
cause of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary.
Whenever the Kansas parole board formally considers placing an inmate
on parole and no agreement has been entered into with the inmate under
K.S.A. 75-5210a and amendments thereto, the board shall notify the in-
mate in writing of the reasons for not granting parole. If an agreement
has been entered under K.S.A. 75-5210a and amendments thereto and
the inmate has not satisfactorily completed the programs specified in the
agreement, or any revision of such agreement, the board shall notify the
inmate in writing of the specific programs the inmate must satisfactorily
complete before parole will be granted. If parole is not granted only
because of a failure to satisfactorily complete such programs, the board
shall grant parole upon the secretary's certification that the inmate has
successfully completed such programs. If an agreement has been entered
under K.S.A. 75-5210a and amendments thereto and the secretary of
corrections has reported to the board in writing that the inmate has sat-
isfactorily completed the programs required by such agreement, or any
revision thereof, the board shall not require further program participa-
tion. However, if the board determines that other pertinent information
regarding the inmate warrants the inmate's not being released on parole,
the board shall state in writing the reasons for not granting the parole. If
parole is denied for an inmate sentenced for a crime other than a class A
or class B felony or an off-grid felony, the board shall hold another parole
hearing for the inmate not later than one year after the denial unless the
parole board finds that it is not reasonable to expect that parole would
be granted at a hearing if held in the next three years or during the interim
period of a deferral. In such case, the parole board may defer subsequent
parole hearings for up to three years but any such deferral by the board
shall require the board to state the basis for its findings. If parole is denied
for an inmate sentenced for a class A or class B felony or an off-grid
felony, the board shall hold another parole hearing for the inmate not
later than three years after the denial unless the parole board finds that
it is not reasonable to expect that parole would be granted at a hearing if
held in the next 10 years or during the interim period of a deferral. In
such case, the parole board may defer subsequent parole hearings for up
to 10 years but any such deferral shall require the board to state the basis
for its findings.

      (k) Parolees and persons on postrelease supervision shall be assigned,
upon release, to the appropriate level of supervision pursuant to the cri-
teria established by the secretary of corrections.

      (l) The Kansas parole board shall adopt rules and regulations in ac-
cordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
consistent with the law and as it may deem proper or necessary, with
respect to the conduct of parole hearings, postrelease supervision reviews,
revocation hearings, orders of restitution, reimbursement of expenditures
by the state board of indigents' defense services and other conditions to
be imposed upon parolees or releasees. Whenever an order for parole or
postrelease supervision is issued it shall recite the conditions thereof.

      (m) Whenever the Kansas parole board orders the parole of an in-
mate or establishes conditions for an inmate placed on postrelease su-
pervision, the board:

      (1) Unless it finds compelling circumstances which would render a
plan of payment unworkable, shall order as a condition of parole or post-
release supervision that the parolee or the person on postrelease super-
vision pay any transportation expenses resulting from returning the pa-
rolee or the person on postrelease supervision to this state to answer
criminal charges or a warrant for a violation of a condition of probation,
assignment to a community correctional services program, parole, con-
ditional release or postrelease supervision;

      (2) to the extent practicable, shall order as a condition of parole or
postrelease supervision that the parolee or the person on postrelease su-
pervision make progress towards or successfully complete the equivalent
of a secondary education if the inmate has not previously completed such
educational equivalent and is capable of doing so;

      (3) may order that the parolee or person on postrelease supervision
perform community or public service work for local governmental agen-
cies, private corporations organized not-for-profit or charitable or social
service organizations performing services for the community;

      (4) may order the parolee or person on postrelease supervision to pay
the administrative fee imposed pursuant to K.S.A. 1998 Supp. 22-4529
unless the board finds compelling circumstances which would render pay-
ment unworkable; and

      (5) unless it finds compelling circumstances which would render a
plan of payment unworkable, shall order that the parolee or person on
postrelease supervision reimburse the state for all or part of the expend-
itures by the state board of indigents' defense services to provide counsel
and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of
the financial resources of the person and the nature of the burden that
the payment of such sum will impose. Such amount shall not exceed the
amount claimed by appointed counsel on the payment voucher for indi-
gents' defense services or the amount prescribed by the board of indi-
gents' defense services reimbursement tables as provided in K.S.A. 22-
4522 and amendments thereto, whichever is less, minus any previous
payments for such services.

      (n) If the court which sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the Kansas parole board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would ren-
der a plan of restitution unworkable.

      (o) Whenever the Kansas parole board grants the parole of an inmate,
the board, within 10 days of the date of the decision to grant parole, shall
give written notice of the decision to the county or district attorney of the
county where the inmate was sentenced.

      (p) When an inmate is to be released on postrelease supervision, the
secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.

      (q) Inmates shall be released on postrelease supervision upon the
termination of the prison portion of their sentence. Time served while
on postrelease supervision will vest.

      (r) An inmate who is allocated regular good time credits as provided
in K.S.A. 22-3725 and amendments thereto may receive meritorious good
time credits in increments of not more than 90 days per meritorious act.
These credits may be awarded by the secretary of corrections when an
inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing
injury or death to a person, preventing the destruction of property or
taking actions which result in a financial savings to the state.

      Section  21. K.S.A. 22-4001 is hereby amended to read as follows: 22-
4001. (a) Subject to the provisions of this act, The mode of carrying out
a sentence of death in this state shall be by intravenous injection of a
substance or substances in a quantity sufficient to cause death in a swift
and humane manner.

      (b) The secretary of corrections shall supervise the carrying out of
each sentence of death and shall determine the procedures therefor,
which shall be consistent with this act and the other laws of the state.
The secretary of corrections shall designate one or more executioners and
other persons necessary to assist in carrying out the sentence of death as
provided in this section. The identity of executioners and other persons
designated to assist in carrying out the sentence of death shall be confi-
dential.

      (c) In order to provide The secretary of corrections with assistance
in selecting shall select the type of substance or substances to be admin-
istered in carrying out a sentence of death by intravenous injection in a
swift and humane manner,. The secretary shall appoint a panel of three
persons to advise the secretary, one of whom shall be a pharmacologist,
one of whom shall be a toxicologist and one of whom shall be an anes-
thesiologist. The panel shall also advise the secretary of corrections con-
cerning matters related to K.S.A. 22-4015. The panel shall meet upon the
call of the secretary and, for the performance of their official duties, panel
members shall be paid compensation, subsistence allowances, mileage
and other expenses as provided in K.S.A. 75-3223 and amendments
thereto. of health and environment shall certify to the secretary of cor-
rections that the substance or substances selected by the secretary of cor-
rections will result in death in a swift and humane manner. If the secretary
of corrections desires to change the substance or substances to be admin-
istered from those previously certified by the secretary of health and en-
vironment, the proposed substance or substances also shall be certified as
provided in this section.

      (d) The secretary of corrections may designate in writing a warden
of one of the correctional institutions under the secretary's supervision to
perform the duties imposed upon the secretary by this section and by
K.S.A. 22-4002, 22-4003, 22-4013 and 22-4014, and amendments thereto.

      Sec.  22. K.S.A. 22-4003 is hereby amended to read as follows: 22-
4003. Besides (a) In addition to the secretary of corrections or the warden
designated by the secretary, the executioner and persons designated pur-
suant to K.S.A. 22-4001, and amendments thereto, to assist in the exe-
cution, the following persons, and no others, may be present at the exe-
cution: The (1) A member of the clergy attending the prisoner,; (2) not
more than three persons designated by the prisoner; and (3) not more
than six 10 persons designated by the secretary of corrections. as official
witnesses. The secretary shall consider the inclusion of members of the
immediate family of any deceased victim of the prisoner as witnesses when
designating official witnesses. The identity of persons present at the exe-
cution, other than the secretary or the warden designated by the secretary,
shall be confidential. A witness may elect to reveal such witness' own
identity, but in no event shall a witness reveal the identity of any other
person present at the execution.

      (b) All witnesses shall be 18 years of age or older.

      (c) The secretary may deny the attendance of any person selected or
designated as a witness when the secretary determines it is necessary for
reasons of security and order of the institution.

      (d) As used in this section, ``members of the immediate family'' means
the spouse, a child by birth or adoption, stepchild, parent, grandparent,
grandchild, sibling or the spouse of any member of the immediate family
specified in this subsection.

      Sec.  23. K.S.A. 22-4006 is hereby amended to read as follows: 22-
4006. (a) At any time prior to execution, a convict under sentence of
death, such convict's counsel or the warden of the correctional institution
or sheriff having custody of such convict may request a determination of
the convict's sanity by a district judge of the judicial district in which such
convict was tried and sentenced. If the district judge determines that
there is not sufficient reason to believe that the convict is insane, the
judge shall so find and refuse to suspend the execution of such convict.
If the district judge determines that there is sufficient reason to believe
that the convict is insane, the judge shall suspend the execution and con-
duct a hearing to determine the sanity of the convict.

      (b) At the hearing, the district judge shall determine the issue of the
convict's sanity. The judge shall order a psychiatric or psychological ex-
amination of the convict. For that purpose, the court shall appoint two
licensed physicians or licensed psychologists, or one of each, qualified by
training and practice to make such examination, to examine the convict
and report their findings in writing to the judge within 10 days after the
order of examination is issued. The convict shall have the right to present
evidence and cross-examine any witnesses at the hearing. No statement
made by the convict in the course of any examination provided for by this
section, whether or not the convict consents to the examination, shall be
admitted in evidence against the convict in any criminal proceeding.

      (c) If, at the conclusion of a hearing pursuant to this section, the judge
determines that the convict is sane, the judge shall enter an order setting
a date for the convict's execution, which shall be carried into effect in the
same manner as provided in the original sentence recording the deter-
mination. A copy of the order shall be sent by mail delivered to the clerk
of the supreme court and to the secretary of corrections. Upon receipt of
the order, the supreme court shall issue to the secretary of corrections a
warrant under seal of the supreme court, commanding the secretary or a
warden designated pursuant to K.S.A. 22-4001, and amendments thereto,
to proceed to carry out the sentence of execution during the week desig-
nated by the supreme court. A copy of the warrant shall be delivered to
the secretary of corrections and the clerk of the district court.

      (d) If, at the conclusion of a hearing pursuant to this section, the
judge determines that the convict is insane, the judge shall suspend the
execution until further order. The judge shall enter an order recording
the determination. A copy of the order shall be delivered to the clerk of
the supreme court and the secretary of corrections. Upon receipt of the
order, the supreme court shall issue to the secretary of corrections a war-
rant under seal of the supreme court suspending the sentence. A copy of
the warrant shall be delivered to the secretary of corrections and the clerk
of the district court. Any time thereafter when the judge has sufficient
reason to believe that the convict has become sane, the judge shall again
shall determine the sanity of the convict as provided by this section. Pro-
ceedings pursuant to this section may continue to be held at such times
as the district judge orders until it is either determined either that such
convict is sane or incurably insane.

      Sec.  24. K.S.A. 22-4009, as amended by section 35 of 1999 House
Bill No. 2206, is hereby amended to read as follows: 22-4009. (a) If a
convict under sentence of death appears to be pregnant or alleges to be
pregnant, the person having custody of the convict shall notify the sec-
retary of corrections. The secretary shall designate one or more licensed
physicians to examine the convict to determine if the convict is pregnant.
If the convict is not pregnant, the execution shall be carried out as pre-
viously ordered. If the convict is pregnant, the secretary of corrections
shall notify the chief judge of the judicial district where the conviction
was rendered and the execution of the sentence of death shall be post-
poned. If the convict is not pregnant, the execution shall be carried out
as previously ordered. clerk of the supreme court. Upon receipt of the
notice, the supreme court shall issue to the secretary of corrections a
warrant under seal of the supreme court postponing the execution of the
sentence of death. A copy of the warrant shall be delivered to the secretary
of corrections and the clerk of the district court.

      (b) When the execution of a sentence of death is postponed because
of pregnancy, the judge secretary of corrections shall wait until the child
is born or the pregnancy is otherwise terminated and then the judge
secretary shall fix the date for the execution notify the clerk of the supreme
court of the birth of the child or termination of the pregnancy. Upon
receipt of the notice, the supreme court shall issue to the secretary of
corrections a warrant under seal of the supreme court, commanding the
secretary or a warden designated pursuant to K.S.A. 22-4001, and amend-
ments thereto, to proceed to carry out the sentence of execution during
the week designated by the supreme court. A copy of the warrant shall
be delivered to the secretary of corrections and the clerk of the district
court. At any time during the postponement of the execution, the judge
secretary may order an examination as provided in this section to deter-
mine whether the convict remains pregnant. The costs of each medical
examination conducted pursuant to this section shall be paid by the
county where the case originated.

      Sec.  25. K.S.A. 22-4011 is hereby amended to read as follows: 22-
4011. If any person who has been sentenced to death escapes and is not
retaken before the time fixed for execution, it shall be lawful for any
sheriff or other officer or person to rearrest and return the person to the
custody of the secretary of corrections. Upon such return to custody, the
secretary of corrections shall give notice thereof to the governor clerk of
the supreme court. Upon receipt of such notice, the governor shall issue
a warrant fixing and appointing a day for the execution, supreme court
shall issue to the secretary of corrections a warrant under seal of the
supreme court, commanding the secretary or a warden designated pur-
suant to K.S.A. 22-4001, and amendments thereto, to proceed to carry
out the sentence of execution during the week designated by the supreme
court which shall be carried into effect in the same manner as provided
by statute for the execution of an original sentence of death. A copy of
the warrant shall be delivered to the secretary of corrections and the clerk
of the district court.

      Sec.  26. K.S.A. 22-4012 is hereby amended to read as follows: 22-
4012. Whenever any person has been sentenced to death, it shall be the
duty of the clerk of the court before which the conviction was rendered
to issue a warrant an order, under the seal of the court, which shall recite
the conviction and sentence and be directed to the secretary of correc-
tions. The clerk shall deliver the warrant order to the sheriff of the county
in which the conviction was rendered, and such sheriff shall promptly
shall transport such convicted person to the state correctional institution
designated by the secretary of corrections and deliver such convict, to-
gether with the warrant order, into the custody of the warden of the
designated institution, who shall receive and safely keep such convict until
the time of execution, or until otherwise ordered by the secretary or other
competent authority. The warden shall notify the secretary of corrections
of the receipt of the convict and warrant such order.

      Sec.  27. K.S.A. 22-4013 is hereby amended to read as follows: 22-
4013. (a) It shall be the duty of the secretary of corrections or the warden
designated by the secretary to proceed at the time fixed in accordance
with law to execute a sentence of death in the manner prescribed by this
act.

      (b) Upon receipt of an order of the district court as provided by this
act, the supreme court shall issue to the secretary of corrections a warrant
under seal of the supreme court, commanding the secretary or a warden
designated pursuant to K.S.A. 22-4001, and amendments thereto, to pro-
ceed to carry out the sentence of execution during the week designated by
the supreme court. The week designated in the warrant shall be sufficient
to enable the secretary to give notice as provided in subsection (c). A copy
of the warrant shall be delivered to the secretary of corrections and the
clerk of the district court. For purposes of this act, the term ``week'' shall
mean the time period from 12:01 a.m. Sunday through and including
11:59 p.m. the following Saturday. If the week designated in the warrant
commanding the execution of a death sentence begins on a day of the week
other than a Sunday, or sets out a particular date for the execution, the
secretary of corrections shall notify the clerk of the supreme court.

      (c) The secretary of corrections shall carry out the execution com-
manded by the warrant issued by the supreme court during the week
designated by the supreme court on a date selected by the secretary. The
secretary shall give notice of the date selected by the secretary for the
execution at least seven calendar days before the execution to the clerk of
the supreme court, the clerk of the district court in which the defendant
was convicted, the defendant, the defendant's counsel and the attorney
general. The secretary may carry out the execution at any time during
the date selected or as soon thereafter as the secretary deems appropriate.

      Sec.  28. K.S.A. 22-4014 is hereby amended to read as follows: 22-
4014. If the supreme court orders a suspension of the execution of a
sentence of death, the suspension shall continue until the proceedings
are determined. If, after determining the same, If a sentence of execution
is suspended by an order of a court, the suspension shall continue until
the supreme court orders otherwise. If the sentence is affirmed, the su-
preme court shall order the execution of the sentence of death and shall
designate a day therefor week during which the sentence of execution shall
be carried out if the week previously designated by the court has passed.
Otherwise, the execution shall be carried out during the week previously
designated by the court. It shall be the duty of the clerk of the supreme
court to issue to the secretary of corrections a warrant under the seal of
the court, commanding the secretary or a warden designated pursuant to
K.S.A. 22-4001, and amendments thereto, to proceed to carry the sen-
tence into execution at the time appointed during the week designated
by the court, which time. The week during which the sentence of execution
is to be carried out shall be stated in the warrant. Upon receipt of the
warrant it shall be the duty of the secretary of corrections to cause the
sentence to be executed as provided by this act at during the time des-
ignated by the court.

      Sec.  29. K.S.A. 1998 Supp. 22-4902 is hereby amended to read as
follows: 22-4902. As used in this act, unless the context otherwise re-
quires:

      (a) ``Offender'' means: (1) A sex offender as defined in subsection (b);
(2) a violent offender as defined in subsection (d); (3) any person who,
on and after the effective date of this act, is convicted of any of the
following crimes when the victim is less than 18 years of age:

      (A) Kidnapping as defined in K.S.A. 21-3420 and amendments
thereto, except by a parent;

      (B) aggravated kidnapping as defined in K.S.A. 21-3421 and amend-
ments thereto; or

      (C) criminal restraint as defined in K.S.A. 21-3424 and amendments
thereto, except by a parent;

      (4) any person convicted of any of the following criminal sexual con-
duct if one of the parties involved is less than 18 years of age:

      (A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;

      (B) criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-
3505, and amendments thereto;

      (C) promoting prostitution as defined by K.S.A. 21-3513, and amend-
ments thereto;

      (D) patronizing a prostitute as defined by K.S.A. 21-3515, and
amendments thereto;

      (E) lewd and lascivious behavior as defined by K.S.A. 21-3508, and
amendment thereto; or

      (F) unlawful sexual relations as defined by K.S.A. 21-3520, and
amendments thereto;

      (5) any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to any crime defined in sub-
section (3) or (4), or any federal or other state conviction for an offense
that under the laws of this state would be an offense defined in subsection
(3) or (4); or

      (6) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
fense defined in subsection (3) or (4).

      Upon such conviction, the court shall certify that the person is an of-
fender subject to the provisions of K.S.A. 22-4901 et seq. and amend-
ments thereto and shall include this certification in the order of commit-
ment. Convictions which result from or are connected with the same act,
or result from crimes committed at the same time, shall be counted for
the purpose of this section as one conviction. Any conviction set aside
pursuant to law is not a conviction for purposes of this section. A convic-
tion from another state shall constitute a conviction for purposes of this
section.

      (b) ``Sex offender'' includes any person who, after the effective date
of this act, is convicted of any sexually violent crime set forth in subsection
(c). Upon such conviction, the court shall certify that the person is a sex
offender and shall include this certification in the order of commitment.
Convictions which result from or are connected with the same act, or
result from crimes committed at the same time, shall be counted for the
purpose of this section as one conviction. Any conviction set aside pur-
suant to law is not a conviction for purposes of this section. A conviction
from another state shall constitute a conviction for purposes of this sec-
tion.

      (c) ``Sexually violent crime'' means:

      (1) Rape as defined in K.S.A. 21-3502 and amendments thereto;

      (2) indecent liberties with a child as defined in K.S.A. 21-3503 and
amendments thereto;

      (3) aggravated indecent liberties with a child as defined in K.S.A. 21-
3504 and amendments thereto;

      (4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of
K.S.A. 21-3505 and amendments thereto;

      (5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and
amendments thereto;

      (6) indecent solicitation of a child as defined by K.S.A. 21-3510 and
amendments thereto;

      (7) aggravated indecent solicitation of a child as defined by K.S.A.
21-3511 and amendments thereto;

      (8) sexual exploitation of a child as defined by K.S.A. 21-3516 and
amendments thereto;

      (9) sexual battery as defined by K.S.A. 21-3517 and amendments
thereto;

      (10) aggravated sexual battery as defined by K.S.A. 21-3518 and
amendments thereto;

      (11) aggravated incest as defined by K.S.A. 21-3603 and amendments
thereto; or

      (12) any conviction for a offense in effect at any time prior to the
effective date of this act, that is comparable to a sexually violent crime as
defined in subparagraphs (1) through (11), or any federal or other state
conviction for a felony offense that under the laws of this state would be
a sexually violent crime as defined in this section;

      (13) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of a sex-
ually violent crime, as defined in this section; or

      (14) any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated.
As used in this subparagraph, ``sexually motivated'' means that one of the
purposes for which the defendant committed the crime was for the pur-
pose of the defendant's sexual gratification.

      (d) ``Violent offender'' includes any person who, after the effective
date of this act, is convicted of any of the following crimes:

      (1) Capital murder as defined by K.S.A. 21-3439 and amendments
thereto;

      (2) murder in the first degree as defined by K.S.A. 21-3401 and
amendments thereto;

      (3) murder in the second degree as defined by K.S.A. 21-3402 and
amendments thereto;

      (4) voluntary manslaughter as defined by K.S.A. 21-3403 and amend-
ments thereto;

      (5) involuntary manslaughter as defined by K.S.A. 21-3404 and
amendments thereto; or

      (6) any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to any crime defined in this
subsection, or any federal or other state conviction for an offense that
under the laws of this state would be an offense defined in this subsection;
or

      (7) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
fense defined in this subsection.

      Upon such conviction, the court shall certify that the person is an of-
fender subject to the provisions of K.S.A. 22-4901 et seq. and amend-
ments thereto and shall include this certification in the order of commit-
ment. Convictions which result from or are connected with the same act,
or result from crimes committed at the same time, shall be counted for
the purpose of this section as one conviction. Any conviction set aside
pursuant to law is not a conviction for purposes of this section. A convic-
tion from another state shall constitute a conviction for purposes of this
section.

      (e) ``Law enforcement agency having jurisdiction'' means the sheriff
of the county in which the offender expects to reside upon the offender's
discharge, parole or release.

      (f) ``Aggravated offenses'' means engaging in sexual acts involving
penetration with victims of any age through the use of force or the threat
of serious violence, or engaging in sexual acts involving penetration with
victims less than 14 years of age, and includes the following offenses:

      (1) Rape as defined in subsection (a)(1)(A) and subsection (a)(2) of
K.S.A. 1998 Supp. 21-3502, and amendments thereto;

      (2) aggravated criminal sodomy as defined in subsection (a)(1) and
subsection (a)(3)(A) of K.S.A. 21-3506, and amendments thereto; and

      (3) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
fense defined in subsection (f).

      Sec.  30. K.S.A. 22-4903 is hereby amended to read as follows: 22-
4903. Any person who is required to register as provided in this act who
violates any of the provisions of this act is guilty of a class A nonperson
misdemeanor severity level 10, nonperson felony.

      Sec.  31. K.S.A. 1998 Supp. 22-4904 is hereby amended to read as
follows: 22-4904. (a) (1) Except as provided in subsection (a)(2), within
15 10 days of the offender coming into any county in which the offender
resides or is temporarily domiciled for more than 15 10 days, the offender
shall register with the sheriff of the county.

      (2) Within 15 10 days of the offender coming into any county in which
the offender resides or temporarily resides for more than 15 10 days, any
offender who has provided the information and completed and signed
the registration form as required in K.S.A. 22-4905 and amendments
thereto, shall verify with the sheriff of the county that the sheriff has
received such offender's information and registration form.

      (3) For persons required to register as provided in subsection (a)(1),
the sheriff shall: (A) Explain the duty to register and the procedure for
registration;

      (B) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;

      (C) inform the offender that the offender must give written notice of
any change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of in-
vestigation;

      (D) inform the offender that if the offender changes residence to
another state, the offender must inform the law enforcement agency
where last registered and the Kansas bureau of investigation of such
change in residence and must register in the new state within 10 days of
such change in residence; and

      (E) require the offender to read and sign the registration form which
shall include a statement that the requirements provided in this subsec-
tion have been explained to the offender.

      (4) Such sheriff, within three days of receipt of the initial registration
shall forward this information to the Kansas bureau of investigation.

      (5) Notwithstanding any other provision of law, if a diversionary
agreement or probation order, either adult or juvenile, requires registra-
tion under the Kansas offender registration act then all provisions of that
act shall apply, except that the term of registration shall be controlled by
such diversionary agreement or probation order.

      (b)  (1) If any person required to register as provided in this act
changes the address of the person's residence, the offender, within 10
days, shall inform in writing the Kansas bureau of investigation of the new
address.

      (2) After receipt of the change of address, the Kansas bureau of in-
vestigation shall forward this information to the law enforcement agency
having jurisdiction of the new place of residence within 10 days of such
receipt of the change of address.

      (c) For any person required to register as provided in this act, every
90 days after the person's initial registration date during the period the
person is required to register, the following applies:

      (1) The Kansas bureau of investigation shall mail a nonforwardable
verification form to the last reported address of the person.

      (2) The person shall mail the verification form to the Kansas bureau
of investigation within 10 days after receipt of the form.

      (3) The verification form shall be signed by the person, and shall state
that the person still resides at the address last reported to the Kansas
bureau of investigation.

      (4) If the person fails to mail the verification form to the Kansas
bureau of investigation within 10 days after receipt of the form, the person
shall be in violation of the Kansas offender registration act.

      (5) Nothing contained in this section shall be construed to alleviate
any person required to register as provided in this act from meeting the
requirements prescribed in subsection (a)(1), (a)(2) and (b)(1).

      Sec.  32. K.S.A. 1998 Supp. 22-4905 is hereby amended to read as
follows: 22-4905. (a) (1) Any offender, who is discharged or paroled from
a prison, hospital or other institution or facility involving a violation of any
crime as provided in subsection (a), (b) or (d) of K.S.A. 22-4902 and
amendments thereto, prior to discharge, parole or release, shall be in-
formed by the staff of the facility in which the offender was confined of
the duty to register as provided in this act.

      (2)  (A) The staff of the facility shall: (i) Explain the duty to register
and the procedure for registration;

      (ii) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;

      (iii) inform the offender that the offender must give written notice
of any change of address within 10 days of a change in residence to the
law enforcement agency where last registered and the Kansas bureau of
investigation;

      (iv) inform the offender that if the offender changes residence to
another state, the offender must inform the law enforcement agency
where last registered and the Kansas bureau of investigation of such
change in residence and must register in the new state within 10 days of
such change in residence; and

      (v) require the offender to read and sign the registration form which
shall include a statement that the requirements provided in this subsec-
tion have been explained to the offender.

      (B) The staff of the facility shall give one copy of the form to the
person, within three days, and shall send two copies of the form provided
by subsection (2)(A)(v) to the Kansas bureau of investigation, which shall
then forward one copy to the law enforcement agency having jurisdiction
where the person expects to reside upon discharge, parole or release. The
Kansas bureau of investigation must immediately ensure that such infor-
mation is entered in the state law enforcement record system. The Kansas
bureau of investigation shall transmit such conviction data and finger-
prints to the federal bureau of investigation.

      (b)  (1) Any offender who is released on probation, receives a sus-
pended sentence, sentenced to community corrections or released on
postrelease supervision because of the commission of any crime as pro-
vided in subsection (a), (b) or (d) of K.S.A. 22-4902 and amendments
thereto, prior to release, shall be informed of the offenders duty to reg-
ister as provided in this act by the court in which the offender is convicted.

      (2)  (A) The court shall: (i) Explain the duty to register and the pro-
cedure for registration;

      (ii) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;

      (iii) inform the offender that the offender must give written notice
of any change of address within 10 days of a change in residence to the
law enforcement agency where last registered and the Kansas bureau of
investigation;

      (iv) inform the offender that if the offender changes residence to
another state, the offender must inform the law enforcement agency
where last registered and the Kansas bureau of investigation of such
change in residence and must register in the new state within 10 days of
such change in residence; and

      (v) require the offender to read and sign the registration form which
shall include a statement that the requirements provided in this subsec-
tion have been explained to the offender.

      (B) The court shall give one copy of the form to the person and,
within three days, shall send two copies of the form provided by subsec-
tion (2)(A)(v) to the Kansas bureau of investigation which shall then for-
ward one copy to the law enforcement agency having jurisdiction where
the person expects to reside upon release. The Kansas bureau of inves-
tigation must immediately ensure that such information is entered in the
state law enforcement record system. The Kansas bureau of investigation
shall transmit such conviction data and fingerprints to the federal bureau
of investigation.

      Sec.  33. K.S.A. 1998 Supp. 22-4906 is hereby amended to read as
follows: 22-4906. (a) Any person required to register as provided in this
act shall be required to register: (1) Upon the first conviction of a sexually
violent crime as defined in subsection (c) of K.S.A. 22-4902 and amend-
ments thereto, any offense as defined in subsection (a) of K.S.A. 22-4902
and amendments thereto or any offense as defined in subsection (d) of
K.S.A. 22-4902 and amendments thereto, if not confined, for a period of
10 years after conviction, or, if confined, for a period of 10 years after
paroled, discharged or released; or (2) upon a second or subsequent con-
viction for such person's lifetime.

      (b) Upon the first conviction, liability for registration terminates, if
not confined, at the expiration of 10 years from the date of conviction,
or, if confined, at the expiration of 10 years from the date of parole,
discharge or release, if the convicted offender does not again become
liable to register as provided by this act during that period.

      (c) On and after July 1, 1999, any person who has been convicted of
an aggravated offense shall be required to register for such person's life-
time. The provisions of this subsection shall expire on June 30, 2009.

      Sec.  34. K.S.A. 1998 Supp. 22-4908 is hereby amended to read as
follows: 22-4908. (a) Any offender registered as provided in this act may
apply to the sentencing court for an order relieving the offender of the
duty of registration, except that no offender may apply as provided in this
section for an order relieving the offender of the duty of registration until
such offender has registered for a period of at least 10 years for each
conviction for which an offender must register as provided by this act.
The court shall hold a hearing on the application at which the applicant
and any interested persons may present witnesses and other evidence.

      (b) At such hearing, if the person is a person who is required to
register due to a conviction of a sexually violent crime as defined in K.S.A.
22-4902 and amendments thereto, the court shall receive and consider a
report by a board composed of experts in the field of the behavior and
treatment of sexual offenders. Such board shall be appointed as provided
by rules and regulations promulgated by the attorney general. If, after
the hearing involving such person, the court finds by a preponderance of
the evidence that the sex offender is rehabilitated and that the sex of-
fender, does not suffer from a mental abnormality or personality disorder
that would make the person likely to engage in a predatory sexually violent
crime, the court shall grant an order relieving the offender of the duty of
further registration under this act. For purposes of this act, ``mental ab-
normality'' means a congenital or acquired condition affecting the emo-
tional or volitional capacity which predisposes the person to commit a
sexually violent crime in a degree constituting such person a menace to
the health and safety of others.

      (c) If, after the hearing involving a person who is an offender who
was not required to register due to a conviction of a sexually violent crime
as defined in K.S.A. 22-4902 and amendments thereto, the court finds by
a preponderance of the evidence that the offender is rehabilitated, the
court shall grant an order relieving the offender of the duty of further
registration under this act.

      (d) Any person registered as provided in this act may apply to the
sentencing court for an order relieving such person of the duty of regis-
tration for any conviction which has been set aside. The court shall hold
a hearing on the application at which the applicant shall present evidence
verifying that such applicant's conviction was set aside. If the court finds
that the person's conviction was set aside, the court shall grant an order
relieving the person of the duty of further registration under this act for
any conviction which has been set aside. Such court granting such an
order shall forward a copy of such order to the sheriff of the county in
which such person has registered and to the Kansas bureau of investi-
gation. Upon receipt of such copy of the order, such sheriff and the Kan-
sas bureau of investigation shall remove such person's name from the
registry for any conviction which has been set aside. Nothing contained
in this subsection shall relieve any person of the duty to register or any
other duty prescribed under this act for any conviction which has not
been set aside.

      (e) Any person required to register as an offender pursuant to the
Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments
thereto, who has a second or subsequent conviction for an offense which
requires registration pursuant to such act, and any person who has been
convicted of an aggravated offense, shall not be granted an order relieving
the offender of further registration under this act. The provisions of this
subsection shall expire on June 30, 2009.

      Sec.  35. K.S.A. 1998 Supp. 75-5217, as amended by section 1 of 1999
House Bill No. 2137, is hereby amended to read as follows: 75-5217. (a)
At any time during release on parole, conditional release or postrelease
supervision, the secretary of corrections may issue a warrant for the arrest
of a released inmate for violation of any of the conditions of release, or a
notice to appear to answer to a charge of violation. Such notice shall be
served personally upon the released inmate. The warrant shall authorize
any law enforcement officer to arrest and deliver the released inmate to
a place as provided by subsection (f). Any parole officer may arrest such
released inmate without a warrant, or may deputize any other officer with
power of arrest to do so by giving such officer a written arrest and detain
order setting forth that the released inmate, in the judgment of the parole
officer, has violated the conditions of the inmate's release. The written
arrest and detain order delivered with the released inmate by the arresting
officer to the official in charge of the institution or place to which the
released inmate is brought for detention shall be sufficient warrant for
detaining the inmate. After making an arrest the parole officer shall pres-
ent to the detaining authorities a similar arrest and detain order and
statement of the circumstances of violation. Pending a hearing, as pro-
vided in this section, upon any charge of violation the released inmate
shall remain incarcerated in the institution or place to which the inmate
is taken for detention.

      (b) Upon such arrest and detention, the parole officer shall notify the
secretary of corrections, or the secretary's designee, within five days and
shall submit in writing a report showing in what manner the released
inmate had violated the conditions of release. After such notification is
given to the secretary of corrections, or upon an arrest by warrant as
herein provided, and the finding of probable cause pursuant to proce-
dures established by the secretary of a violation of the released inmate's
conditions of release, the secretary shall cause the released inmate to be
brought before the Kansas parole board, its designee or designees, for a
hearing on the violation charged, under such rules and regulations as the
board may adopt. It is within the discretion of the Kansas parole board
whether such hearing requires the released inmate to appear personally
before the board when such inmate's violation results from a conviction
for a new felony or misdemeanor. An offender under determinant sen-
tencing whose violation does not result from a conviction of a new felony
or misdemeanor may waive the right to a final revocation hearing before
the Kansas parole board under such conditions and terms as may be
prescribed by rules and regulations promulgated by the Kansas parole
board. Relevant written statements made under oath shall be admitted
and considered by the Kansas parole board, its designee or designees,
along with other evidence presented at the hearing. If the violation is
established to the satisfaction of the Kansas parole board, the board may
continue or revoke the parole or conditional release, or enter such other
order as the board may see fit. Revocations The revocation of release of
inmates who are on a specified period of postrelease supervision shall be
for a six-month period of confinement from the date of the revocation
hearing before the board or the effective date of waiver of such hearing
by the offender pursuant to rules and regulations promulgated by the
Kansas parole board, if the violation does not result from a conviction for
a new felony or misdemeanor. Such period of confinement may be re-
duced by not more than three months based on the inmate's conduct,
work and program participating during the incarceration period. The re-
duction in the incarceration period shall be on an earned basis pursuant
to rules and regulations adopted by the secretary of corrections.

      (c) If the violation does result from a conviction for a new felony or
misdemeanor, upon revocation the inmate shall serve the entire remain-
ing balance of the period of postrelease supervision even if the new con-
viction did not result in the imposition of a new term of imprisonment.

      (d) In the event the released inmate reaches conditional release date
as provided by K.S.A. 22-3718 and amendments thereto after a finding
of probable cause, pursuant to procedures established by the secretary of
corrections of a violation of the released inmate's conditions of release,
but prior to a hearing before the Kansas parole board, the secretary of
corrections shall be authorized to detain the inmate until the hearing by
the Kansas parole board. The secretary shall then enforce the order issued
by the Kansas parole board.

      (e) If the secretary of corrections issues a warrant for the arrest of a
released inmate for violation of any of the conditions of release and the
released inmate is subsequently arrested in the state of Kansas, either
pursuant to the warrant issued by the secretary of corrections or for any
other reason, the released inmate's sentence shall not be credited with
the period of time from the date of the issuance of the secretary's warrant
to the date of the released inmate's arrest.

      If a released inmate for whom a warrant has been issued by the sec-
retary of corrections for violation of the conditions of release is subse-
quently arrested in another state, and the released inmate has been au-
thorized as a condition of such inmate's release to reside in or travel to
the state in which the released inmate was arrested, and the released
inmate has not absconded from supervision, the released inmate's sen-
tence shall not be credited with the period of time from the date of the
issuance of the warrant to the date of the released inmate's arrest. If the
released inmate for whom a warrant has been issued by the secretary of
corrections for violation of the conditions of release is subsequently ar-
rested in another state for reasons other than the secretary's warrant and
the released inmate does not have authorization to be in the other state
or if authorized to be in the other state has been charged by the secretary
with having absconded from supervision, the released inmate's sentence
shall not be credited with the period of time from the date of the issuance
of the warrant by the secretary to the date the released inmate is first
available to be returned to the state of Kansas. If the released inmate for
whom a warrant has been issued by the secretary of corrections for vio-
lation of a condition of release is subsequently arrested in another state
pursuant only to the secretary's warrant, the released inmate's sentence
shall not be credited with the period of time from the date of the issuance
of the secretary's warrant to the date of the released inmate's arrest,
regardless of whether the released inmate's presence in the other state
was authorized or the released inmate had absconded from supervision.

      The secretary may issue a warrant for the arrest of a released inmate
for violation of any of the conditions of release and may direct that all
reasonable means to serve the warrant and detain such released inmate
be employed including but not limited to notifying the federal bureau of
investigation of such violation and issuance of warrant and requesting
from the federal bureau of investigation any pertinent information it may
possess concerning the whereabouts of the released inmate.

      (f) Law enforcement officers shall execute warrants issued by the
secretary of corrections pursuant to subsection (a) or (d), and shall deliver
the inmate named in the warrant to the jail used by the county where the
inmate is arrested unless some other place is designated by the secretary,
in the same manner as for the execution of any arrest warrant.

      (g) For the purposes of this section, an inmate or released inmate is
an individual under the supervision of the secretary of corrections, in-
cluding, but not limited to, an individual on parole, conditional release,
postrelease supervision, probation granted by another state or an individ-
ual supervised under any interstate compact in accordance with the pro-
visions of the uniform act for out-of-state parolee supervision, K.S.A. 22-
4101 et seq. and amendments thereto.

      New Sec.  36. Nothing in the Kansas offender registration act shall
create a cause of action against the state or an employee of the state acting
within the scope of the employee's employment as a result of requiring
an offender to register or an offender's failure to register.

      New Sec.  37. (a) Any offender who was required to be registered
pursuant to the Kansas offender registration act K.S.A. 22-4901 et seq.
and amendments thereto, prior to July 1, 1999, and who would not have
been required to be registered pursuant to the Kansas offender registra-
tion act on and after July 1, 1999, as a result of enactment of this act,
shall be entitled to be relieved of the requirement to be registered. Such
offender may apply to the sentencing court for an order relieving the
offender of the duty of registration. The court shall hold a hearing on the
application at which the applicant shall present evidence verifying that
such applicant no longer satisfies the definition of offender pursuant to
K.S.A. 22-4902 and amendments thereto. If the court finds that the per-
son no longer satisfies the definition of offender pursuant to K.S.A. 22-
4902 and amendments thereto, the court shall grant an order relieving
the offender's duty to register if the offender no longer fulfills the defi-
nition of offender pursuant to K.S.A. 22-4902 and amendments thereto.
Such court granting such an order shall forward a copy of such order to
the sheriff of the county in which such person has registered and to the
Kansas bureau of investigation. Upon receipt of such copy of the order,
such sheriff and the Kansas bureau of investigation shall remove such
person's name from the registry.

      (b) This section shall be part of an supplemental to the Kansas of-
fender registration act.

      New Sec.  38. (a) Unlawful voluntary sexual relations is engaging in
voluntary: (1) Sexual intercourse; (2) sodomy; or (3) lewd fondling or
touching with a child who is 14 years of age but less than 16 years of age
and the offender is less than 19 years of age and less than four years of
age older than the child and the child and the offender are the only parties
involved and are members of the opposite sex.

      (b)  (1) Unlawful voluntary sexual relations as provided in subsection
(a)(1) is a severity level 8, person felony.

      (2) Unlawful voluntary sexual relations as provided in subsection
(a)(2) is a severity level 9, person felony.

      (3) Unlawful voluntary sexual relations as provided in subsection
(a)(3) is a severity level 10, person felony.

      Sec.  39. K.S.A. 21-3435, 21-3520, 21-3705, 21-3731, 21-4605, 21-
4635, 21-4638, 22-4001, 22-4003, 22-4006, 22-4009, as amended by sec-
tion 35 of 1999 House Bill No. 2206, 22-4011, 22-4012, 22-4013, 22-
4014, 22-4015 and 22-4903 and K.S.A. 1998 Supp. 8-262, 8-287, 21-2511,
21-3204, 21-3402, 21-3413, 21-3810, 21-4201, 21-4603d, 21-4704, 21-
4706, 21-4711, 22-3717, 22-4902, 22-4904, 22-4905, 22-4906, 22-4908
and 75-5217, as amended by section 1 of 1999 House Bill No. 2137, are
hereby repealed.

      Sec.  40. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 13, 1999.
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