CHAPTER 71
HOUSE BILL No. 2102
An Act concerning civil commitment; relating to sexually
violent predators; jury; peremp-
tory challenges; amending K.S.A. 1998 Supp. 59-29a06 and repealing
the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp.
59-29a06 is hereby amended to read
as follows: 59-29a06. Within 60 days after the completion of any
hearing
held pursuant to K.S.A. 59-29a05 and amendments thereto, the
court
shall conduct a trial to determine whether the person is a sexually
violent
predator. The trial may be continued upon the request of either
party
and a showing of good cause, or by the court on its own motion in
the
due administration of justice, and when the respondent will not be
sub-
stantially prejudiced. At all stages of the proceedings under this
act, any
person subject to this act shall be entitled to the assistance of
counsel,
and if the person is indigent, the court shall appoint counsel to
assist such
person. Whenever any person is subjected to an examination under
this
act, such person may retain experts or professional persons to
perform
an examination of such person's behalf. When the person wishes to
be
examined by a qualified expert or professional person of such
person's
own choice, such examiner shall be permitted to have reasonable
access
to the person for the purpose of such examination, as well as to
all relevant
medical and psychological records and reports. In the case of a
person
who is indigent, the court, upon the person's request, shall
determine
whether the services are necessary and reasonable compensation for
such
services. If the court determines that the services are necessary
and the
expert or professional person's requested compensation for such
services
is reasonable, the court shall assist the person in obtaining an
expert or
professional person to perform an examination or participate in the
trial
on the person's behalf. The court shall approve payment for such
services
upon the filing of a certified claim for compensation supported by
a writ-
ten statement specifying the time expended, services rendered,
expenses
incurred on behalf of the person and compensation received in the
same
case or for the same services from any other source. The person,
the
attorney general, or the judge shall have the right to demand that
the trial
be before a jury. Such demand for the trial to be before a jury
shall be
filed, in writing, at least four days prior to trial. Number and
selection of
jurors shall be determined as provided in K.S.A. 22-3403, and
amend-
ments thereto. If no demand is made, the trial shall be before the
court.
A jury shall consist of 12 jurors unless the parties agree in
writing with
the approval of the court that the jury shall consist of any
number of
jurors less than 12 jurors. The person and the attorney general
shall each
have eight peremptory challenges, or in the case of a jury of
less than 12
jurors, a proportionally equal number of peremptory
challenges.
Sec. 2. K.S.A. 1998 Supp. 59-29a06
is hereby repealed.
Sec. 3. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 7, 1999.
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