CHAPTER 208
HOUSE BILL No. 2176
An Act concerning crimes, punishment and criminal procedure;
amending K.S.A. 21-3701,
21-4614, 22-3303 and 38-1611 and K.S.A. 2000 Supp. 21-2511,
21-3106, 21-3520, 21-
3764, 22-4902, 22-4904, 22-4905, 22-4906, 22-4907, 22-4908 and
22-4909 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 Supp.
21-3520 is hereby amended to read as
follows: 21-3520. (a) Unlawful sexual relations is engaging in
consensual
sexual intercourse, 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 a person 16 years of age or older who 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 a person 16 years of age or older who
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 ju-
venile detention facility or sanctions house, or the employee of a
con-
tractor who is under contract to provide services in such facility
or sanc-
tions 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
supervision and offender control services to the juvenile justice
authority
and the person with whom the offender is engaging in consensual
sexual
intercourse, 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;
(7) the offender is an employee of the
department of social and re-
habilitation services or the employee of a contractor who is
under contract
to provide services in a social and rehabilitation services
institution and
the person with whom the offender is engaging in consensual
sexual in-
tercourse, not otherwise subject to subsection (a)(1)(C) of
K.S.A. 21-3502,
and amendments thereto, lewd fondling or touching, or sodomy,
not oth-
erwise subject to subsection (a)(3)(C) of K.S.A. 21-3506, and
amendments
thereto, is a person 16 years of age or older who is a patient
in such
institution.; or
(8) the offender is a teacher or a
person in a position of authority and
the person with whom the offender is engaging in consensual
sexual in-
tercourse, lewd fondling or touching or sodomy is 16 or 17 years
of age
and a student enrolled at the school where the offender is
employed. If
the offender is the parent of the student, the provisions of
K.S.A. 21-3603,
and amendments thereto, shall apply, not this
subsection.
(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;
(4) ``postrelease supervision'' means the
same as prescribed in the
Kansas sentencing guidelines act in K.S.A. 21-4703, and
amendments
thereto;
(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;
(8) ``institution'' means the same as
prescribed by K.S.A. 76-12a01,
and amendments thereto.; and
(9) ``teacher'' means and includes
teachers, supervisors, principals,
superintendents and any other professional employee in any
public or
private school.
(c) Unlawful sexual relations is a
severity level 10 person felony.
Sec. 2. K.S.A. 2000 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 any offense which
re-
quires such person to register as an offender pursuant to the
Kansas
offender registration act, K.S.A. 22-4901 et seq., any
off-grid felony, any
nondrug severity level 1 through 6 felony, or a violation of
subsection
(a)(1) of K.S.A. 21-3505, 21-3508, 21-3602 or
21-3609, 21-3715, 21-4310,
subsections (e)(2), (e)(3) and (e)(4) of K.S.A. 65-4142 or
K.S.A. 65-4159,
and amendments thereto, including an attempt, conspiracy or
criminal
solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and
amend-
ments thereto, of any such offenses provided in this subsection
regardless
of the sentence imposed, shall be required to submit 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. 3. K.S.A. 2000 Supp. 21-3106
is hereby amended to read as
follows: 21-3106. (1) A prosecution for murder may be commenced
at
any time.
(2) Except as provided by
subsection subsections (7) and
(8) (9), a
prosecution for any of the following crimes must be commenced
within
five years after its commission if the victim is less than 16 years
of age:
(a) Indecent liberties with a child as defined in K.S.A. 21-3503
and
amendments thereto; (b) aggravated indecent liberties with a child
as
defined in K.S.A. 21-3504 and amendments thereto; (c) enticement of
a
child as defined in K.S.A. 21-3509 and amendments thereto; (d)
indecent
solicitation of a child as defined in K.S.A. 21-3510 and
amendments
thereto; (e) aggravated indecent solicitation of a child as defined
in K.S.A.
21-3511 and amendments thereto; (f) sexual exploitation of a child
as
defined in K.S.A. 21-3516 and amendments thereto; or (g)
aggravated
incest as defined in K.S.A. 21-3603 and amendments thereto.
(3) Except as provided in subsection
(8) (9), a prosecution for any
crime must be commenced within 10 years after its commission if
the
victim is the Kansas public employees retirement system.
(4) Except as provided by
subsection (8) subsections (7) and (9),
a
prosecution for rape, as defined in K.S.A. 21-3502 and
amendments
thereto, or aggravated criminal sodomy, as defined in K.S.A.
21-3506 and
amendments thereto, must be commenced within five years after its
com-
mission.
(5) Except as provided in subsection
(8) (9), a prosecution for any
crime found in the Kansas medicaid fraud control act must be
com-
menced within five years after its commission.
(6) Except as provided by subsection
(8) (9), a prosecution for the
crime of arson, as defined in K.S.A. 21-3718 and amendments
thereto,
or aggravated arson, as defined in K.S.A. 21-3719 and
amendments
thereto, must be commenced within five years after its
commission.
(7) (a) Except as provided in
subsection (9), a prosecution for any
offense provided in subsection (2) or a sexually violent offense
as defined
in K.S.A. 22-3717, and amendments thereto, must be commenced
within
the limitation of time provided by the law pertaining to such
offense or
one year from the date on which the identity of the suspect is
conclusively
established by DNA testing, whichever is later.
(b) For purposes of this section,
``DNA'' means deoxyribonucleic acid.
(8) Except as provided by
subsection (8) (9), a prosecution for
any
crime not governed by subsections (1), (2), (3), (4), (5)
and, (6) and (7)
must be commenced within two years after it is committed.
(8) (9) The
period within which a prosecution must be commenced
shall not include any period in which:
(a) The accused is absent from the
state;
(b) the accused is concealed within the
state so that process cannot
be served upon the accused;
(c) the fact of the crime is
concealed;
(d) a prosecution is pending against the
defendant for the same con-
duct, even if the indictment or information which commences the
pros-
ecution is quashed or the proceedings thereon are set aside, or are
re-
versed on appeal;
(e) an administrative agency is
restrained by court order from inves-
tigating or otherwise proceeding on a matter before it as to any
criminal
conduct defined as a violation of any of the provisions of article
41 of
chapter 25 and article 2 of chapter 46 of the Kansas Statutes
Annotated
which may be discovered as a result thereof regardless of who
obtains
the order of restraint; or
(f) whether or not the fact of the crime
is concealed by the active act
or conduct of the accused, there is substantially competent
evidence to
believe two or more of the following factors are present: (i) The
victim
was a child under 15 years of age at the time of the crime; (ii)
the victim
was of such age or intelligence that the victim was unable to
determine
that the acts constituted a crime; (iii) the victim was prevented
by a parent
or other legal authority from making known to law enforcement
author-
ities the fact of the crime whether or not the parent or other
legal au-
thority is the accused; and (iv) there is substantially competent
expert
testimony indicating the victim psychologically repressed such
witness'
memory of the fact of the crime, and in the expert's professional
opinion
the recall of such memory is accurate and free of undue
manipulation,
and substantial corroborating evidence can be produced in support
of the
allegations contained in the complaint or information but in no
event may
a prosecution be commenced as provided in this section later than
the
date the victim turns 28 years of age. Corroborating evidence may
in-
clude, but is not limited to, evidence the defendant committed
similar
acts against other persons or evidence of contemporaneous physical
man-
ifestations of the crime. ``Parent or other legal authority'' shall
include
but not be limited to natural and stepparents, grandparents, aunts,
uncles
or siblings.
(9) (10) An
offense is committed either when every element occurs,
or, if a legislative purpose to prohibit a continuing offense
plainly appears,
at the time when the course of conduct or the defendant's
complicity
therein is terminated. Time starts to run on the day after the
offense is
committed.
(10) (11) A
prosecution is commenced when a complaint or infor-
mation is filed, or an indictment returned, and a warrant thereon
is de-
livered to the sheriff or other officer for execution. No such
prosecution
shall be deemed to have been commenced if the warrant so issued is
not
executed without unreasonable delay.
New Sec. 4. (a) Notwithstanding any
other provision of law, a person
in state custody, at any time after conviction for murder as
defined by
K.S.A. 21-3401, and amendments thereto, or for rape as defined by
K.S.A.
21-3502, and amendments thereto, may petition the court that
entered
the judgment for forensic DNA testing (deoxyribonucleic acid
testing) of
any biological material that:
(1) Is related to the investigation or
prosecution that resulted in the
conviction;
(2) is in the actual or constructive
possession of the state; and
(3) was not previously subjected to DNA
testing, or can be subjected
to retesting with new DNA techniques that provide a reasonable
likeli-
hood of more accurate and probative results.
(b) (1) The court shall notify the
prosecuting attorney of a petition
made under subsection (a) and shall afford the prosecuting
attorney an
opportunity to respond.
(2) Upon receiving notice of a petition
made under subsection (a),
the prosecuting attorney shall take such steps as are necessary to
ensure
that any remaining biological material that was secured in
connection with
the case is preserved pending the completion of proceedings under
this
section.
(c) The court shall order DNA testing
pursuant to a petition made
under subsection (a) upon a determination that testing may produce
non-
cumulative, exculpatory evidence relevant to the claim of the
petitioner
that the petitioner was wrongfully convicted or sentenced.
(d) The cost of DNA testing ordered under
subsection (c) shall be
borne by the state or the petitioner, as the court may order in the
interests
of justice, if it is shown that the petitioner is not indigent and
possesses
the means to pay.
(e) The court may at any time appoint
counsel for an indigent appli-
cant under this section.
(f) (1) If the results of DNA
testing conducted under this section are
unfavorable to the petitioner, the court:
(A) Shall dismiss the petition; and
(B) in the case of a petitioner who is
not indigent, may assess the
petitioner for the cost of such testing.
(2) If the results of DNA testing
conducted under this section are
favorable to the petitioner, the court shall:
(A) order a hearing, notwithstanding any
provision of law that would
bar such a hearing; and
(B) enter any order that serves the
interests of justice, including, but
not limited to, an order:
(i) Vacating and setting aside the
judgment;
(ii) discharging the petitioner if the
petitioner is in custody;
(iii) resentencing the petitioner; or
(iv) granting a new trial.
(3) If the results of DNA testing
conducted under this section are
inconclusive, the court may order a hearing to determine whether
there
is a substantial question of innocence. If the petitioner proves by
a pre-
ponderance of the evidence that there is a substantial question of
inno-
cence, the court shall proceed as provided in subsection
(f)(2).
(g) Nothing in this section shall be
construed to limit the circum-
stances under which a person may obtain DNA testing or other
postcon-
viction relief under any other provision of law.
Sec. 5. K.S.A. 21-3701 is hereby
amended to read as follows: 21-
3701. (a) Theft is any of the following acts done with intent to
deprive
the owner permanently of the possession, use or benefit of the
owner's
property:
(1) Obtaining or exerting unauthorized
control over property;
(2) obtaining by deception control over
property;
(3) obtaining by threat control over
property; or
(4) obtaining control over stolen
property knowing the property to
have been stolen by another.
(b) (1) Theft of property of the value of
$25,000 or more is a severity
level 7, nonperson felony.
(2) Theft of property of the value of at
least $500 but less than
$25,000 is a severity level 9, nonperson felony.
(3) Theft of property regardless of
the value from three separate mer-
cantile establishments within a period of 72 hours as part of
the same act
or transaction or in two or more acts or transactions connected
together
or constituting parts of a common scheme or course of conduct is
a severity
level 9, nonperson felony.
(3) (4) Theft of
property of the value of less than $500 is a class A
nonperson misdemeanor.
(4) (5) Theft of
property of the value of less than $500 is a severity
level 9, nonperson felony if committed by a person who has, within
five
years immediately preceding commission of the crime, been convicted
of
theft two or more times.
Sec. 6. K.S.A. 2000 Supp. 21-3764
is hereby amended to read as
follows: 21-3764. (a) Unlawful manufacturing or selling of a theft
detec-
tion shielding device is intentionally manufacturing, selling,
offering for
sale or distributing in any way a laminated or coated bag or device
par-
ticular to and intentionally marketed for shielding and intended to
shield
merchandise from detection by electronic or magnetic theft alarm
sensor.
(b) Unlawful possession of a theft
detection shielding device is inten-
tionally possessing any laminated or coated bag or device
particular to
and designed for shielding and intended to shield merchandise from
de-
tection by an electronic or magnetic theft alarm sensor, with the
intent
to commit theft.
(c) Unlawful possession of a theft
detection device remover is inten-
tionally possessing any tool or device designed to allow the
removal of
any theft detection device from any merchandise with the intent to
use
such tool to remove any theft detection device from any
merchandise
without the permission of the merchant or person owning or holding
such
merchandise.
(d) Unlawful removal of a theft detection
device is intentionally re-
moving the device from merchandise prior to purchase.
(e) Unlawful possession of a sales
receipt or universal product code
label is possessing 15 or more fraudulent retail sales receipts
or universal
product code labels, or any combination thereof, or possessing
the device
which manufactures fraudulent retail sales receipts or universal
product
code labels. A person having possession, custody or control of
15 or more
such receipts or labels or such device shall be presumed to
possess such
items with the intent to cheat or defraud a retailer.
(e) (f) Violation
of this section is a severity level 9, nonperson felony.
(f) (g) This
section shall be part of and supplemental to the Kansas
criminal code.
Sec. 7. K.S.A. 21-4614 is hereby
amended to read as follows: 21-
4614. In any criminal action in which the defendant is convicted
upon a
plea of guilty or no contest or trial by court or jury or
upon completion
of an appeal, the judge, if he or she the
judge sentences the defendant to
confinement, shall direct that for the purpose of computing
defendant's
sentence and his or her parole eligibility and
conditional release dates
thereunder, that such sentence is to be computed from a date, to
be
specifically designated by the court in the sentencing order of the
journal
entry of judgment or the judgment form, whichever is delivered with
the
defendant to the correctional institution, such date shall be
established
to reflect and shall be computed as an allowance for the time which
the
defendant has spent incarcerated pending the disposition of the
defend-
ant's case. In recording the commencing date of such sentence the
date
as specifically set forth by the court shall be used as the date of
sentence
and all good time allowances as are authorized by the Kansas
adult au-
thority parole board are to be allowed on
such sentence from such date
as though the defendant were actually incarcerated in any of the
insti-
tutions of the state correctional system. Such jail time credit is
not to be
considered to reduce the minimum or maximum terms of
confinement
as are authorized by law for the offense of which the defendant has
been
convicted.
Sec. 8. K.S.A. 22-3303 is hereby
amended to read as follows: 22-
3303. (1) A defendant who is charged with a felony and is found to
be
incompetent to stand trial shall be committed for evaluation and
treat-
ment to the state security hospital or any appropriate county or
private
institution. A defendant who is charged with a misdemeanor and is
found
to be incompetent to stand trial shall be committed for evaluation
and
treatment to any appropriate state, county or private institution.
Any such
commitment shall be for a period of not to exceed 90 days. Within
90
days after the defendant's commitment to such institution, the
chief med-
ical officer of such institution shall certify to the court whether
the de-
fendant has a substantial probability of attaining competency to
stand trial
in the foreseeable future. If such probability does exist, the
court shall
order the defendant to remain in an appropriate state, county or
private
institution until the defendant attains competency to stand trial
or for a
period of six months from the date of the original commitment,
whichever
occurs first. If such probability does not exist, the court shall
order the
secretary of social and rehabilitation services to commence
involuntary
commitment proceedings pursuant to article 29 of chapter 59 of the
Kan-
sas Statutes Annotated, and any amendments thereto. When a
defendant
is charged with any off-grid felony, any nondrug severity level
1 through
3 felony, or a violation of K.S.A. 21-3504, 21-3511, 21-3518,
21-3603 or
21-3719, and amendments thereto, and commitment proceedings
have
commenced, for such proceeding, ``mentally ill person subject to
invol-
untary commitment for care and treatment'' means a mentally ill
person,
as defined in subsection (e) of K.S.A. 2000 Supp. 59-2946, and
amend-
ments thereto, who is likely to cause harm to self and others,
as defined
in subsection (f)(3) of K.S.A. 2000 Supp. 59-2946, and
amendments
thereto. The other provisions of subsection (f) of K.S.A. 2000
Supp. 59-
2946, and amendments thereto, shall not apply.
(2) If a defendant who was found to have
had a substantial probability
of attaining competency to stand trial, as provided in subsection
(1), has
not attained competency to stand trial within six months from the
date
of the original commitment, the court shall order the secretary of
social
and rehabilitation services to commence involuntary commitment
pro-
ceedings pursuant to article 29 of chapter 59 of the Kansas
Statutes An-
notated, and any amendments thereto. When a defendant is charged
with
any off-grid felony, any nondrug severity level 1 through 3
felony, or a
violation of K.S.A. 21-3504, 21-3511, 21-3518, 21-3603 or
21-3719, and
amendments thereto, and commitment proceedings have commenced,
for
such proceeding, ``mentally ill person subject to involuntary
commitment
for care and treatment'' means a mentally ill person, as defined
in sub-
section (e) of K.S.A. 2000 Supp. 59-2946, and amendments
thereto, who
is likely to cause harm to self and others, as defined in
subsection (f)(3)
of K.S.A. 2000 Supp. 59-2946, and amendments thereto. The other
pro-
visions of subsection (f) of K.S.A. 2000 Supp. 59-2946, and
amendments
thereto, shall not apply.
(3) When reasonable grounds exist to
believe that a defendant who
has been adjudged incompetent to stand trial is competent, the
court in
which the criminal case is pending shall conduct a hearing in
accordance
with K.S.A. 22-3302 and amendments thereto to determine the
person's
present mental condition. Reasonable notice of such hearings shall
be
given to the prosecuting attorney, the defendant and the
defendant's at-
torney of record, if any. If the court, following such hearing,
finds the
defendant to be competent, the proceedings pending against the
defend-
ant shall be resumed.
(4) A defendant committed to a public
institution under the provi-
sions of this section who is thereafter sentenced for the crime
charged at
the time of commitment may be credited with all or any part of the
time
during which the defendant was committed and confined in such
public
institution.
New Sec. 9. The secretary of social
and rehabilitation services shall
convene a task force to study current programs and laws for alleged
of-
fenders with disabilities that render such offenders potentially
incompe-
tent to stand trial, but who do not meet the criteria for
involuntary com-
mitment under Kansas law. The task force shall review and make
recommendations on the adequacy of Kansas programs and services,
and
current Kansas law, in protecting public safety and in providing
services
and support to such alleged offenders. The secretary shall report
to the
judiciary committee during the 2001 interim and shall make a final
report
including programmatic and statutory recommendations to the 2002
leg-
islature.
Sec. 10. K.S.A. 2000 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) a sexually violent predator as
defined in subsection (f);
(4) 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) (5) any
person convicted of any of the following criminal sexual
conduct 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
(6) any person who is a resident of this state
who has been required to register under any federal, military or
other
state's law;
(7) any person who has been convicted
of an offense in effect at any
time prior to the effective date of this act, that is comparable to
any crime
defined in subsection (3) or (4) (4) or
(5), or any federal, military or other
state conviction for an offense that under the laws of this state
would be
an offense defined in subsection (3) or (4) (4)
or (5); or
(6) (8) any person
who has been convicted of an attempt, conspiracy
or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or
21-3303
and amendments thereto, of an offense defined in subsection
(3) or (4)
(4) or (5).
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.
(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).
(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 an 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,
military or
other state conviction for a felony an
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, military 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.
(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) ``Sexually violent predator''
means any person who, on or after
July 1, 2001, is found to be a sexually violent predator
pursuant to K.S.A.
59-29a01 et seq. and amendments thereto.
(g) ``Nonresident student or worker''
includes any offender who
crosses into the state or county for more than 14 days, or for
an aggregate
period exceeding 30 days in a calender year, for the purposes of
employ-
ment, with or without compensation, or to attend school as a
student.
(h) ``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. 2000 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. 11. K.S.A. 2000 Supp. 22-4904
is hereby amended to read as
follows: 22-4904. (a) (1) Except as provided in subsection (a)(2),
within
10 days of the offender coming into any county in which the
offender
resides or is temporarily domiciled for more than 10 days, the
offender
shall register with the sheriff of the county.
(2) Within 10 days of the offender coming
into any county in which
the offender resides or temporarily resides for more than 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) Upon registration with a school or
educational institution, a non-
resident student attending such school or educational
institution shall reg-
ister with the sheriff within 10 days of the commencement of the
school
term.
(4) Upon commencement of employment, a
nonresident worker shall
register with the sheriff within 10 days of the commencement
date of
employment.
(3) (5) For
persons required to register as provided in
subsection
subsections (a)(1), (a)(3) and (a)(4), 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 nonresident student
offender that the offender must
give written notice to the sheriff and the Kansas bureau of
investigation
of any change or termination of attendance at the school or
educational
institution the offender is attending, within 10 days of such
change or
termination;
(E) inform the nonresident worker
offender that the offender must
give written notice to the sheriff and the Kansas bureau of
investigation
of any termination of employment at the offender's place of
employment,
within 10 days of such termination;
(F) 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
(G) inform the offender that the
offender must also register in any
state or county where the offender is employed, carries on a
vocation or
is a student; and
(E) (H) require
the offender to read and sign the registration form
which shall include a statement that the requirements provided in
this
subsection have been explained to the offender.
(4) (6) Such
sheriff, within three days of receipt of the initial regis-
tration shall forward this information to the Kansas bureau of
investiga-
tion.
(5)
(7) Notwithstanding any other provision of law, if a
diversionary
agreement or probation order, either adult or juvenile, or a
juvenile of-
fender sentencing order, requires registration 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,
probation order or juvenile offender sentencing 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
provide that the person still resides at the address
last reported to the
Kansas bureau of investigation the following
information, as applicable,
to the Kansas bureau of investigation: (A) Whether the person
still resides
at the address last reported; (B) whether the person still
attends the school
or educational institution last reported; (C) whether the person
is still
employed at the place of employment last reported; and (D)
whether the
person's vehicle registration information is the same as last
reported.
(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
subsections (a)(1), (a)(2) and
(b)(1).
Sec. 12. K.S.A. 2000 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 or confinement as provided in subsection (a), (b)
or, (d) or (f) of
K.S.A. 22-4902 and amendments thereto, prior to discharge, parole
or
release, shall be informed 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) inform the offender that the
offender must also register in any
state or county where the offender is employed, carries on a
vocation or
is a student; and
(vi) 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) inform the offender that the
offender must also register in any
state or county where the offender is employed, carries on a
vocation or
is a student; and
(vi) 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. 13. K.S.A. 2000 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.
(d) Any person who has been declared a
sexually violent predator
pursuant to K.S.A. 59-29a01 et seq., and amendments
thereto, shall reg-
ister for such person's lifetime.
(e) Any nonresident worker shall
register for the duration of such
person's employment. The provisions of this subsection are in
addition to
subsections (a) and (b).
(f) Any nonresident student shall
register for the duration of such
person's attendance at a school or educational institution as
provided in
this act. The provisions of this subsection are in addition to
subsections
(a) and (b).
Sec. 14. K.S.A. 2000 Supp. 22-4907
is hereby amended to read as
follows: 22-4907. (a) Registration as required by this act shall
consist of a
form prepared by the Kansas bureau of investigation, which shall
include
a statement that the requirements provided in this section have
been
explained to the person, and shall be signed by the person. Such
regis-
tration form shall include the following:
(1) Name;
(2) date and place of birth;
(3) offense or offenses committed, date
of conviction or convictions
obtained;
(4) city or county of conviction or
convictions obtained;
(5) sex and age of victim;
(6) current address;
(7) social security number;
(8) identifying characteristics such as
race, skin tone, sex, age, hair
and eye color, scars, tattoos and blood type;
(9) occupation
and, name of employer and place of
employment;
(10) drivers license and vehicle
information;
(11) documentation of any treatment
received for a mental abnor-
mality or personality disorder of the offender; for purposes of
docu-
menting the treatment received, sheriffs, prison officials and
courts may
rely on information that is readily available to them from existing
records
and the offender.
(12) anticipated future residence;
(13) a photograph;
and
(14) fingerprints; and
(15) school.
(b) (1) The offender shall also
provide to the registering law enforce-
ment agency DNA exemplars, unless already on file.
(2) If the exemplars to be taken require
the withdrawal of blood, such
withdrawal may be performed only by: (A) A person licensed to
practice
medicine and surgery or a person acting under the supervision of
any
such licensed person;
(B) a registered nurse or a licensed
practical nurse;
(C) any qualified medical technician;
or
(D) a licensed phlebotomist.
(c) Unless the person has provided the
information and completed
and signed the registration form as provided in K.S.A. 22-4905
and
amendments thereto within three days, the registering law
enforcement
agency shall forward the registration form to the Kansas bureau of
inves-
tigation.
(d) The Kansas bureau of investigation
may participate in the federal
bureau of investigation's NCIC 2000.
Sec. 15. K.S.A. 2000 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 No 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. 16. K.S.A. 2000 Supp. 22-4909
is hereby amended to read as
follows: 22-4909. The statements or any other information required
by
this act shall be open to inspection in the sheriff's
office by the public at
the sheriff's office, at the headquarters of the Kansas bureau
of investi-
gation and on any internet website sponsored or created by a
sheriff's
department or the Kansas bureau of investigation that contains
such state-
ments or information, and specifically are subject to the
provisions of the
Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto,
except that the name, address, telephone number, or any other
infor-
mation which specifically and individually identifies the victim of
any of-
fender required to register as provided in this act shall not be
disclosed
other than to law enforcement agencies.
Sec. 17. K.S.A. 38-1611 is hereby
amended to read as follows: 38-
1611. (a) Fingerprints or photographs shall not be taken of any
juvenile
who is taken into custody for any purpose, except that:
(1) Fingerprints or photographs of the
juvenile may be taken if au-
thorized by a judge of the district court having jurisdiction;
(2) a juvenile's fingerprints shall be
taken, and photographs of a ju-
venile may be taken, immediately upon taking the juvenile into
custody
or upon first appearance or in any event before final sentencing,
before
the court for an offense which, if committed by a person 18 or more
years
of age, would make the person liable to be arrested and prosecuted
for
the commission of a felony as defined by K.S.A. 21-3105 and
amendments
thereto or, a class A or B misdemeanor
or assault, as defined by K.S.A.
21-3408, and amendments thereto; and
(3) fingerprints or photographs of a
juvenile may be taken under
K.S.A. 21-2501 and amendments thereto if the juvenile has been:
(A) Prosecuted as an adult by reason of
38-1636, and amendments
thereto; or
(B) convicted of aggravated juvenile
delinquency as defined by K.S.A.
21-3611 and amendments thereto; or
(C) taken into custody for an offense
described in subsection (b)(1)
or (2) of K.S.A. 38-1602 and amendments thereto.
(b) Fingerprints and photographs taken
under subsection (a)(1) or
(2) shall be kept readily distinguishable from those of persons of
the age
of majority. Fingerprints and photographs taken under subsection
(a)(3)
may be kept in the same manner as those of persons of the age of
majority.
(c) Fingerprints and photographs of a
juvenile shall not be sent to a
state or federal repository, except that:
(1) Fingerprints and photographs may be
sent to a state or federal
repository if authorized by a judge of the district court having
jurisdiction;
(2) a juvenile's fingerprints shall, and
photographs of a juvenile may,
be sent to a state or federal repository if taken under subsection
(a)(2);
and
(3) fingerprints or photographs taken
under subsection (a)(3) shall be
processed and disseminated in the same manner as those of persons
of
the age of majority.
(d) Fingerprints or photographs of a
juvenile may be furnished to
another juvenile justice agency, as defined by K.S.A. 38-1617 and
amend-
ments thereto, if the other agency has a legitimate need for the
finger-
prints or photographs.
(e) Any fingerprints or photographs of a
juvenile taken under the
provisions of subsection (a)(2) as it existed before the effective
date of
this act may be sent to a state or federal repository on or before
December
31, 1984.
(f) Any law enforcement agency that
willfully fails to make any report
required by this section shall be liable to the state for the
payment of a
civil penalty, recoverable in an action brought by the attorney
general, in
an amount not exceeding $500 for each report not made. Any civil
penalty
recovered under this subsection shall be paid into the state
general fund.
(g) The director of the Kansas bureau of
investigation shall adopt any
rules and regulations necessary to implement, administer and
enforce the
provisions of this section, including time limits within which
fingerprints
shall be sent to a state or federal repository when required by
this section.
(h) Nothing in this section shall
preclude the custodian of a juvenile
from authorizing photographs or fingerprints of the juvenile to be
used
in any action under the Kansas parentage act.
Sec. 18. K.S.A. 21-3701, 21-4614,
22-3303 and 38-1611 and K.S.A.
2000 Supp. 21-2511, 21-3106, 21-3520, 21-3764, 22-4902, 22-4904,
22-
4905, 22-4906, 22-4907, 22-4908 and 22-4909 are hereby
repealed.
Sec. 19. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved May 22, 2001.
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