CHAPTER 55
HOUSE BILL No. 2399
(Amended by Chapter 163)
An Act concerning criminal procedure; relating to
offender registration; amending
K.S.A. 2001 Supp. 22-4902 and 22-4906 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2001 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;
(5) 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;
(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 (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 (4) or (5); or
(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 (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) or is adjudicated as a juvenile offender for an act which if
committed
by an adult would constitute the commission of a 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 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 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. 2001 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. 2. K.S.A. 2001 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) Any person who has been convicted of
an aggravated offense shall
be required to register for such person's lifetime. 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).
(g) Notwithstanding any other
provisions of this section, a person
who is adjudicated as a juvenile offender for an act which if
committed
by an adult would constitute the commission of a sexually
violent crime
set forth in subsection (c) of K.S.A. 22-4902, and amendments
thereto,
shall be required to register until such person reaches 18 years
of age or
at the expiration of five years from the date of adjudication,
whichever
date occurs later.
Sec. 3. K.S.A. 2001 Supp. 22-4902
and 22-4906 are hereby repealed.
Sec. 4. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 9, 2002.
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