Kansas 2023-2024 Regular Session

Kansas House Bill HB2213 Latest Draft

Bill / Introduced Version Filed 01/30/2023

                            Session of 2023
HOUSE BILL No. 2213
By Committee on Corrections and Juvenile Justice
1-30
AN ACT concerning the Kansas offender registration act; relating to 
registration requirements; creating a mechanism to waive fees; 
registration at a single location; creating a mechanism to seek relief 
from registration for violent offenders; amending K.S.A. 2022 Supp. 
22-4904, 22-4905, 22-4907 and 22-4908 and repealing the existing 
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) A person required to register as an offender 
pursuant to the Kansas offender registration act may petition the district 
court in the county where the offender resides to waive payment of the 
registration fee required by K.S.A. 22-4905, and amendments thereto. 
Such offender shall submit an affidavit to the court on a form that shall be 
prescribed by the judicial council. There shall be no docket fee required. 
(b) The court may: 
(1) Question the offender under oath concerning the contents of the 
affidavit; and 
(2) require the offender to produce evidence on the issue of the 
offender's financial inability to make the payment required by K.S.A. 22-
4905, and amendments thereto. 
(c) If it appears to the satisfaction of the court that requiring the 
payment will impose manifest hardship on the offender or the offender's 
immediate family, the court may: 
(1) Waive the current payment owed by the offender; 
(2) extend the time in which the offender has to make the payment; or 
(3) waive the payment for a specified period of time, not to exceed 
three years. 
(d) If the court issues an order modifying an offender's obligation to 
pay the registration fee required by K.S.A. 22-4905, and amendments 
thereto, the court shall provide the offender with a copy of the order. Such 
order shall be effective to modify the offender's obligation to pay the 
registration fee in any county where the offender is required to register. 
(e) This section shall be a part of and supplemental to the Kansas 
offender registration act.
Sec. 2. K.S.A. 2022 Supp. 22-4904 is hereby amended to read as 
follows: 22-4904. (a) (1) At the time of conviction or adjudication for an 
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offense requiring registration as provided in K.S.A. 22-4902, and 
amendments thereto, the court shall:
(A) Inform any offender, on the record, of the procedure to register 
and the requirements of K.S.A. 22-4905, and amendments thereto; and
(B) if the offender is released:
(i) Complete a notice of duty to register, which and such notice shall 
include title and statute number of conviction or adjudication, date of 
conviction or adjudication, case number, county of conviction or 
adjudication, and the following offender information: Name, address, date 
of birth, social security number, race, ethnicity and gender;
(ii) require the offender to read and sign the notice of duty to register, 
which and such notice shall include a statement that the requirements 
provided in this subsection have been explained to the offender;
(iii) order the offender to report within three business days to the 
registering law enforcement agency in the county or tribal land of 
conviction or adjudication and to the registering law enforcement agency 
in any place where the offender resides, maintains employment or attends 
school, to complete the registration form with all information and any 
updated information required for registration as provided in K.S.A. 22-
4907, and amendments thereto; and
(iv) provide one copy of the notice of duty to register to the offender 
and, within three business days, send a copy of the form to the law 
enforcement agency having initial jurisdiction and to the Kansas bureau of 
investigation.
(2) At the time of sentencing or disposition for an offense requiring 
registration as provided in K.S.A. 22-4902, and amendments thereto, the 
court shall ensure the age of the victim is documented in the journal entry 
of conviction or adjudication.
(3) Upon commitment for control, care and treatment by the Kansas 
department for aging and disability services pursuant to K.S.A. 59-29a07, 
and amendments thereto, the court shall notify the registering law 
enforcement agency of the county where the offender resides during 
commitment of such offender's commitment. Such notice shall be prepared 
by the office of the attorney general for transmittal by the court by 
electronic means, including by fax or e-mail.
(b) The staff of any correctional facility or the registering law 
enforcement agency's designee shall:
(1) At the time of initial custody, register any offender within three 
business days:
(A) Inform the offender of the procedure for registration and of the 
offender's registration requirements as provided in K.S.A. 22-4905, and 
amendments thereto;
(B) complete the registration form with all information and updated 
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information required for registration as provided in K.S.A. 22-4907, and 
amendments thereto;
(C) require the offender to read and sign the registration form, which 
and such form shall include a statement that the requirements provided in 
this subsection have been explained to the offender;
(D) provide one copy of the form to the offender and, within three 
business days, send a copy of the form to the Kansas bureau of 
investigation; and
(E) enter all offender information required by the national crime 
information center into the national sex offender registry system within 
three business days of completing the registration or electronically submit 
all information and updated information required for registration as 
provided in K.S.A. 22-4907, and amendments thereto, within three 
business days to the Kansas bureau of investigation;
(2) notify the Kansas bureau of investigation of the incarceration of 
any offender and of the location or any change in location of the offender 
while in custody;
(3) prior to any offender being discharged, paroled, furloughed or 
released on work or school release that does not require the daily return to 
a correctional facility:
(A) Inform the offender of the procedure for registration and of the 
offender's registration requirements as provided in K.S.A. 22-4905, and 
amendments thereto;
(B) complete the registration form with all information and updated 
information required for registration as provided in K.S.A. 22-4907, and 
amendments thereto;
(C) require the offender to read and sign the registration form, which 
and such form shall include a statement that the requirements provided in 
this subsection have been explained to the offender;
(D) photograph the offender's face and any identifying marks;
(E) obtain fingerprint and palm prints of the offender; and
(F) provide one copy of the form to the offender and, within three 
business days, send a copy of the form and of the photograph or 
photographs to the law enforcement agency having initial jurisdiction and 
to the Kansas bureau of investigation; and
(4) notify the law enforcement agency having initial jurisdiction and 
the Kansas bureau of investigation seven business days prior to any 
offender being discharged, paroled, furloughed or released on work or 
school release.
(c) The staff of any treatment facility shall:
(1) Within three business days of an offender's arrival for inpatient 
treatment, inform the registering law enforcement agency of the county or 
location of jurisdiction in which where the treatment facility is located of 
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the offender's presence at the treatment facility and the expected duration 
of the treatment, and immediately notify the registering law enforcement 
agency of an unauthorized or unexpected absence of the offender during 
the offender's treatment;
(2) inform the registering law enforcement agency of the county or 
location of jurisdiction in which where the treatment facility is located 
within three business days of an offender's discharge or release; and
(3) provide information upon request to any registering law 
enforcement agency having jurisdiction relevant to determining the 
presence of an offender within the treatment facility.
(d) The registering law enforcement agency, upon the reporting of 
any offender, shall:
(1) Inform the offender of the duty to register as provided by the 
Kansas offender registration act;
(2) (A) explain the procedure for registration and the offender's 
registration requirements as provided in K.S.A. 22-4905, and amendments 
thereto;
(B) obtain the information required for registration as provided in 
K.S.A. 22-4907, and amendments thereto; and
(C) require the offender to read and sign the registration form, which 
and such form shall include a statement that the requirements provided in 
this subsection have been explained to the offender;
(3) complete the registration form with all information and updated 
information required for registration, as provided in K.S.A. 22-4907, and 
amendments thereto, each time the offender reports to the registering law 
enforcement agency. All information and updated information reported by 
an offender shall be forwarded to the Kansas bureau of investigation 
within three business days;
(4) maintain the original signed registration form, provide one copy 
of the completed registration form to the offender and, within three 
business days, send one copy of the completed form to the Kansas bureau 
of investigation;
(5) forward a copy of any certified letter used for reporting pursuant 
to K.S.A. 22-4905, and amendments thereto, when utilized, within three 
business days to the Kansas bureau of investigation;
(6) obtain registration information from every offender required to 
register regardless of whether or not the offender remits payment;
(7) upon every required reporting, update the photograph or 
photographs of the offender's face and any new identifying marks and 
immediately forward copies or electronic files of the photographs to the 
Kansas bureau of investigation;
(8) enter all offender information required by the national crime 
information center into the national sex offender registry system within 
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three business days of completing the registration or electronically submit 
all information and updated information required for registration as 
provided in K.S.A. 22-4907, and amendments thereto, within three 
business days to the Kansas bureau of investigation;
(9) maintain a special fund for the deposit and maintenance of fees 
paid by offenders. All funds retained by the registering law enforcement 
agency pursuant to the provisions of this section shall be credited to a 
special fund of the registering law enforcement agency which that shall be 
used solely for law enforcement and criminal prosecution purposes and 
which shall not be used as a source of revenue to reduce the amount of 
funding otherwise made available to the registering law enforcement 
agency; and
(10) forward any initial registration and updated registration 
information within three business days to any out-of-state jurisdiction 
where the offender is expected to reside, maintain employment or attend 
school.
(e) (1) The Kansas bureau of investigation shall:
(A) Forward all additions or changes in information to any registering 
law enforcement agency, other than the agency that submitted the form, 
where the offender expects to reside, maintain employment or attend 
school;
(B) ensure that offender information is immediately entered in the 
state registered offender database and the Kansas registered offender 
website, as provided in K.S.A. 22-4909, and amendments thereto;
(C) transmit offender conviction or adjudication data, fingerprints and 
palm prints to the federal bureau of investigation; and
(D) ensure all offender information required by the national crime 
information center is transmitted into the national sex offender registry 
system within three business days of such information being electronically 
submitted to the Kansas bureau of investigation.
(2) The director of the Kansas bureau of investigation may adopt 
rules and regulations necessary to implement the provisions of the Kansas 
offender registration act.
(f) The attorney general shall, within 10 business days of an offender 
being declared a sexually violent predator, forward to the Kansas bureau of 
investigation all relevant court documentation declaring an offender a 
sexually violent predator.
(g) The state department of education shall annually notify any school 
of the Kansas bureau of investigation internet website, and any internet 
website containing information on the Kansas offender registration act 
sponsored or created by the registering law enforcement agency of the 
county or location of jurisdiction in which where the school is located, for 
the purpose of locating offenders who reside near such school. Such 
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notification shall include information that the registering law enforcement 
agency of the county or location of jurisdiction where such school is 
located is available to the school to assist in using the registry and 
providing additional information on registered offenders.
(h) The secretary of health and environment shall annually notify any 
licensed child care facility of the Kansas bureau of investigation internet 
website, and any internet website containing information on the Kansas 
offender registration sponsored or created by the registering law 
enforcement agency of the county in which where the facility is located, 
for the purpose of locating offenders who reside near such facility. Such 
notification shall include information that the registering law enforcement 
agency of the county or location of jurisdiction where such child care 
facility is located is available to the child care facilities to assist in using 
the registry and providing additional information on registered offenders.
(i) Upon request, the clerk of any court of record shall provide the 
Kansas bureau of investigation copies of complaints, indictments, 
information, journal entries, commitment orders or any other documents 
necessary to the performance of the duties of the Kansas bureau of 
investigation under the Kansas offender registration act. No fees or 
charges for providing such documents may be assessed.
Sec. 3. K.S.A. 2022 Supp. 22-4905 is hereby amended to read as 
follows: 22-4905. Any offender required to register as provided in the 
Kansas offender registration act shall:
(a) Except as otherwise provided in this subsection, register in person 
with the registering law enforcement agency within three business days of 
coming into any county or location of jurisdiction in which where the 
offender resides or intends to reside, maintains employment or intends to 
maintain employment, or attends school or intends to attend school. Any 
such offender who cannot physically register in person with the registering 
law enforcement agency for such reasons including, but not limited to, 
incapacitation or hospitalization, as determined by a person licensed to 
practice medicine or surgery, or involuntarily committed pursuant to the 
Kansas sexually violent predator act, shall be subject to verification 
requirements other than in-person registration, as determined by the 
registering law enforcement agency having jurisdiction;
(b) except as provided further, for any: (1) Sex offender, including a 
violent offender or drug offender who is also a sex offender, report in 
person four times each year to the registering law enforcement agency in 
the county or location of jurisdiction in which where the offender resides, 
maintains employment or is attending a school; and (2) violent offender or 
drug offender, report in person four times each year to the registering law 
enforcement agency in the county or location of jurisdiction in which 
where the offender resides, maintains employment or is attending a school, 
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except that, at the discretion of the registering law enforcement agency, 
one of the four required reports may be conducted by certified letter. When 
utilized, the certified letter for reporting shall be sent by the registering law 
enforcement agency to the reported residence of the offender. The offender 
shall indicate any changes in information as required for reporting in 
person. The offender shall respond by returning the certified letter to the 
registering law enforcement agency within 10 business days by certified 
mail. The offender shall be required to report to the registering law 
enforcement agency once during the month of the offender's birthday and 
every third, sixth and ninth month occurring before and after the month of 
the offender's birthday. The registering law enforcement agency may 
determine the appropriate times and days for reporting by the offender, 
consistent with this subsection. Nothing contained in this subsection shall 
be construed to alleviate any offender from meeting the requirements 
prescribed in the Kansas offender registration act;
(c) provide the information required for registration as provided in 
K.S.A. 22-4907, and amendments thereto, and verify all information 
previously provided is accurate;
(d) if in the custody of a correctional facility, register with the 
correctional facility within three business days of initial custody and shall 
not be required to update such registration until discharged, paroled, 
furloughed or released on work or school release from a correctional 
facility. A copy of the registration form and any updated registrations for 
an offender released on work or school release shall be sent, within three 
business days, to the registering law enforcement agency where the 
offender is incarcerated, maintains employment or attends school, and to 
the Kansas bureau of investigation;
(e) if involuntarily committed pursuant to the Kansas sexually violent 
predator act, register within three business days of arrival in the county 
where the offender resides during commitment. The offender shall not be 
required to update such registration until placed in a reintegration facility, 
on transitional release or on conditional release. Upon placement in a 
reintegration facility, on transitional release or on conditional release, the 
offender shall be personally responsible for complying with the provisions 
of the Kansas offender registration act;
(f) notwithstanding subsections (a) and (b), if the offender is 
transient, report in person to the registering law enforcement agency of 
such county or location of jurisdiction in which where the offender is 
physically present within three business days of arrival in the county or 
location of jurisdiction. Such offender shall be required to register in 
person with the registering law enforcement agency every 30 days, or 
more often at the discretion of the registering law enforcement agency. 
Such offender shall comply with the provisions of the Kansas offender 
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registration act and, in addition, shall:
(1) Provide a list of places where the offender has slept and otherwise 
frequented during the period of time since the last date of registration; and
(2) provide a list of places where the offender may be contacted and 
where the offender intends to sleep and otherwise frequent during the 
period of time prior to the next required date of registration;
(g) if required by out-of-state law, register in any out-of-state 
jurisdiction, where the offender resides, maintains employment or attends 
school;
(h) register in person upon any commencement, change or 
termination of residence location, employment status, school attendance or 
other information as provided in K.S.A. 22-4907, and amendments thereto, 
within three business days of such commencement, change or termination, 
to the registering law enforcement agency or agencies where last 
registered and provide written notice to the Kansas bureau of 
investigation;
(i) report in person to the registering law enforcement agency or 
agencies within three business days of any change in name;
(j) if receiving inpatient treatment at any treatment facility, inform the 
treatment facility of the offender's status as an offender and inform the 
registering law enforcement agency of the county or location of 
jurisdiction in which where the treatment facility is located of the 
offender's presence at the treatment facility and the expected duration of 
the treatment;
(k) submit to the taking of an updated photograph by the registering 
law enforcement agency on each occasion when the offender registers with 
or reports to the registering law enforcement agency in the county or 
location of jurisdiction in which where the offender resides, maintains 
employment or attends school. In addition, such offender shall submit to 
the taking of a photograph to document any changes in identifying 
characteristics, including, but not limited to, scars, marks and tattoos;
(l) remit payment to the sheriff's office in the amount of $20 as part of 
the reporting process required pursuant to subsection (b) in each county in 
which where the offender resides, maintains employment or is attending 
school. Registration will be completed regardless of whether or not the 
offender remits payment. Failure of the offender to remit full payment 
within 15 days of registration is a violation of the Kansas offender 
registration act and is subject to prosecution pursuant to K.S.A. 22-4903, 
and amendments thereto. Notwithstanding other provisions herein, 
payment of this fee is not required:
(1) When an offender provides updates or changes in information or 
during an initial registration unless such updates, changes or initial 
registration is during the month of such offender's birthday and every 
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third, sixth and ninth month occurring before and after the month of the 
offender's birthday;
(2) when an offender is transient and is required to register every 30 
days, or more frequently as ordered by the registering law enforcement 
agency, except during the month of the offender's birthday and every third, 
sixth and ninth month occurring before and after the month of the 
offender's birthday; or
(3) if an offender has, prior to the required reporting and within the 
last three years, been determined to be indigent by a court of law in the 
criminal case for which the offender is required to register, and the basis 
for that finding is recorded by the court; or
(4) if the court has determined that requiring payment of the fee 
would impose manifest hardship on the offender or the offender's 
immediate family pursuant to section 1, and amendments thereto;
(m) annually renew any driver's license pursuant to K.S.A. 8-247, and 
amendments thereto, and annually renew any identification card pursuant 
to K.S.A. 2022 Supp. 8-1325a, and amendments thereto;
(n) if maintaining primary residence in this state, surrender all driver's 
licenses and identification cards from other states, territories and the 
District of Columbia, except if the offender is presently serving and 
maintaining active duty in any branch of the United States military or the 
offender is an immediate family member of a person presently serving and 
maintaining active duty in any branch of the United States military;
(o) read and sign the registration form noting whether the 
requirements provided in this section have been explained to the offender; 
and
(p) report in person to the registering law enforcement agency in the 
jurisdiction of the offender's residence and provide written notice to the 
Kansas bureau of investigation 21 days prior to any travel outside of the 
United States, and provide an itinerary including, but not limited to, 
destination, means of transport and duration of travel, or if under 
emergency circumstances, within three business days of making travel 
arrangements.
Sec. 4. K.S.A. 2022 Supp. 22-4907 is hereby amended to read as 
follows: 22-4907. (a) Registration as required by the Kansas offender 
registration act shall consist of a form approved by the Kansas bureau of 
investigation, which and such form shall include a statement that the 
requirements provided in this section have been reviewed and explained to 
the offender, and shall be signed by the offender and, except when such 
reporting is conducted by certified letter as provided in subsection (b) of 
K.S.A. 22-4905(b), and amendments thereto, witnessed by the person 
registering the offender. Such registration form shall include the following 
offender information:
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(1) Name and all alias names;
(2) date and city, state and country of birth, and any alias dates or 
places of birth;
(3) title and statute number of each offense or offenses committed, 
date of each conviction or adjudication and court case numbers for each 
conviction or adjudication;
(4) city, county, state or country of conviction or adjudication;
(5) sex and date of birth or purported age of each victim of all 
offenses requiring registration;
(6) current residential address, any anticipated future residence and 
any temporary lodging information including, but not limited to, address, 
telephone number and dates of travel for any place in which where the 
offender is staying for seven or more days; and, if transient, the locations 
where the offender has stayed and frequented since last reporting for 
registration;
(7) all telephone numbers at which the offender may be contacted 
including, but not limited to, all mobile telephone numbers;
(8) social security number, and all alias social security numbers;
(9) identifying characteristics such as race, ethnicity, skin tone, sex, 
age, height, weight, hair and eye color, scars, tattoos and blood type;
(10) occupation and name, address or addresses and telephone 
number of employer or employers, and name of any anticipated employer 
and place of employment;
(11) all current driver's licenses or identification cards, including a 
photocopy of all such driver's licenses or identification cards and their 
numbers, states of issuance and expiration dates;
(12) all vehicle information, including the license plate number, 
registration number and any other identifier and description of any vehicle 
owned or operated by the offender, or any vehicle the offender regularly 
drives, either for personal use or in the course of employment, and 
information concerning the location or locations such vehicle or vehicles 
are habitually parked or otherwise kept;
(13) license plate number, registration number or other identifier and 
description of any aircraft or watercraft owned or operated by the offender, 
and information concerning the location or locations such aircraft or 
watercraft are habitually parked, docked or otherwise kept;
(14) all professional licenses, designations and certifications;
(15) documentation of any treatment received for a mental 
abnormality or personality disorder of the offender; for purposes of 
documenting the treatment received, registering law enforcement agencies, 
correctional facility officials, treatment facility officials and courts may 
rely on information that is readily available to them from existing records 
and the offender;
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(16) a photograph or photographs;
(17) fingerprints and palm prints;
(18) any and all schools and satellite schools attended or expected to 
be attended and the locations of attendance and telephone number;
(19) any and all: E-mail addresses; online identities used by the 
offender on the internet; information relating to membership in any and all 
personal web pages or online social networks; and internet screen names;
(20) all travel and immigration documents; and
(21) name and telephone number of the offender's probation, parole 
or community corrections officer.
(b) The offender shall provide biological samples for DNA analysis to 
the registering law enforcement agency as required by K.S.A. 21-2511, 
and amendments thereto. The biological samples shall be in the form using 
a DNA databank kit authorized by the Kansas bureau of investigation. The 
registering law enforcement agency shall forward such biological samples 
to the Kansas bureau of investigation. Prior to taking such sample, the 
registering law enforcement agency shall search the Kansas criminal 
justice information system to determine if such person's DNA profile is 
currently on file. If such person's DNA profile is on file with the Kansas 
bureau of investigation, the registering law enforcement agency is not 
required to take biological samples.
(c) If an offender reports an employer pursuant to subsection (a)(10) 
or a school pursuant to subsection (a)(18) that is in a county other than 
the county where the offender resides or intends to reside, the Kansas 
bureau of investigation shall notify the sheriff of the county where the 
employer or school is located of the registration information for such 
offender.
Sec. 5. K.S.A. 2022 Supp. 22-4908 is hereby amended to read as 
follows: 22-4908. (a) (1) Except as provided in subsection (b), a drug 
offender who is required to register under the Kansas offender registration 
act may file a verified petition for relief from registration requirements if 
the offender has registered for a period of at least five years after the date 
of parole, discharge or release, whichever date is most recent, or, if not 
confined, five years from the date of conviction or adjudication.
(2) Except as provided in subsection (b), a violent offender who is 
required to register under the Kansas offender registration act because of 
a conviction or adjudication of criminal restraint or a person felony when 
the court has made a finding that a deadly weapon was used, or an 
attempt, solicitation or conspiracy to commit either of those offenses, may 
file a verified petition for relief from registration requirements if the 
offender has registered for a period of at least five years after the date of 
parole, discharge or release, whichever date is most recent, or, if not 
confined, five years from the date of conviction or adjudication.
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(b) An offender who is required to register pursuant to K.S.A. 22-
4906(k), and amendments thereto, because of an out-of-state conviction or 
adjudication may not petition for relief from registration requirements in 
this state if the offender would be required to register under the law of the 
state or jurisdiction where the conviction or adjudication occurred. If the 
offender would no longer be required to register under the law of the state 
or jurisdiction where the conviction or adjudication occurred, the offender 
may file a verified petition pursuant to subsection (a).
(c) Any period of time during which an offender is incarcerated in 
any jail or correctional facility or during which the offender does not 
substantially comply with the requirements of the Kansas offender 
registration act shall not count toward the duration of registration required 
in subsection (a).
(d) (1) A verified petition for relief from registration requirements 
shall be filed in the district court in the county where the offender was 
convicted or adjudicated of the offense requiring registration. If the 
offender was not convicted or adjudicated in this state of the offense 
requiring registration, such petition shall be filed in the district court of 
any county where the offender is currently required to register. The docket 
fee shall be as provided in K.S.A. 60-2001, and amendments thereto.
(2) The petition shall include:
(A) The offender's full name;
(B) the offender's full name at the time of conviction or adjudication 
for the offense or offenses requiring registration, if different than the 
offender's current name;
(C) the offender's sex, race and date of birth;
(D) the offense or offenses requiring registration;
(E) the date of conviction or adjudication for the offense or offenses 
requiring registration;
(F) the court in which the offender was convicted or adjudicated of 
the offense or offenses requiring registration;
(G) whether the offender has been arrested, convicted, adjudicated or 
entered into a diversion agreement for any crime during the period the 
offender is required to register; and
(H) the names of all treatment providers and agencies that have 
treated the offender for mental health, substance abuse and offense-related 
behavior since the date of the offense or offenses requiring registration.
(3) The judicial council shall develop a petition form for use under 
this section.
(4) When a petition is filed, the court shall set a date for a hearing on 
such petition and cause notice of the hearing to be given to the county or 
district attorney in the county where the petition is filed. Any person who 
may have relevant information about the offender may testify at the 
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hearing.
(5) The county or district attorney shall notify any victim of the 
offense requiring registration who is alive and whose address is known or, 
if the victim is deceased, the victim's family if the family's address is 
known. The victim or victim's family shall not be compelled to testify or 
provide any discovery to the offender.
(6) The county or district attorney shall have access to all applicable 
records, including records that are otherwise confidential or privileged.
(e) (1) The court may require a drug an offender who is petitioning 
for relief under this section to undergo a risk assessment.
(2) Any risk assessment ordered under this subsection shall be 
performed by a professional agreed upon by the parties or a professional 
approved by the court. Such risk assessment shall be performed at the 
offender's expense.
(f) The court shall order relief from registration requirements if the 
offender shows by clear and convincing evidence that:
(1) The offender has not been convicted or adjudicated of a felony, 
other than a felony violation or aggravated felony violation of K.S.A. 22-
4903, and amendments thereto, within the five years immediately 
preceding the filing of the petition, and no proceedings involving any such 
felony are presently pending or being instituted against the offender;
(2) the offender's circumstances, behavior and treatment history 
demonstrate that the offender is sufficiently rehabilitated to warrant relief; 
and
(3) registration of the offender is no longer necessary to promote 
public safety.
(g) If the court denies an offender's petition for relief, the offender 
shall not file another petition for relief until three years have elapsed, 
unless a shorter time period is ordered by the court.
(h) If the court grants relief from registration requirements, the court 
shall order that the offender be removed from the offender registry and that 
the offender is no longer required to comply with registration 
requirements. Within 14 days of any order, the court shall notify the 
Kansas bureau of investigation and any local law enforcement agency that 
registers the offender that the offender has been granted relief from 
registration requirements. The Kansas bureau of investigation shall remove 
such offender from any internet website maintained pursuant to K.S.A. 22-
4909, and amendments thereto.
(i) An offender may combine a petition for relief under this section 
with a petition for expungement under K.S.A. 2022 Supp. 21-6614, and 
amendments thereto, if the offense requiring registration is otherwise 
eligible for expungement.
Sec. 6. K.S.A. 2022 Supp. 22-4904, 22-4905, 22-4907 and 22-4908 
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are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its 
publication in the statute book.
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