Session of 2024
HOUSE BILL No. 2630
By Committee on Corrections and Juvenile Justice
Requested by Abraham Pfannenstiel on behalf of the Kansas County and District
Attorneys Association
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AN ACT concerning the rules of evidence; relating to extrinsic policies
affecting admissibility; evidence of other crimes or civil wrongs;
allowing evidence of previous domestic violence offenses to be
admitted during a prosecution of a domestic violence offense;
amending K.S.A. 2023 Supp. 60-455 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 60-455 is hereby amended to read as
follows: 60-455. (a) Subject to K.S.A. 60-447, and amendments thereto,
evidence that a person committed a crime or civil wrong on a specified
occasion, is inadmissible to prove such person's disposition to commit
crime or civil wrong as the basis for an inference that the person
committed another crime or civil wrong on another specified occasion.
(b) (1) Subject to K.S.A. 60-445 and 60-448, and amendments
thereto, such evidence is admissible when relevant to prove some other
material fact including motive, opportunity, intent, preparation, plan,
knowledge, identity or absence of mistake or accident.
(c)(2) Subject to K.S.A. 60-445 and 60-448, and amendments thereto,
in any criminal action other than a criminal action in which the defendant
is accused of a sex offense under articles 34, 35 or 36 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of
chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325,
21-6326 or 21-6419 through 21-6422, and amendments thereto, such
evidence is admissible to show the modus operandi or general method
used by a defendant to perpetrate similar but totally unrelated crimes when
the method of committing the prior acts is so similar to that utilized in the
current case before the court that it is reasonable to conclude the same
individual committed both acts.
(d)(3) Except as provided in K.S.A. 60-445, and amendments thereto,
in a criminal action in which the defendant is accused of a sex offense
under articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas
Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6419
through 21-6422, and amendments thereto, evidence of the defendant's
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commission of another act or offense of sexual misconduct is admissible,
and may be considered for its bearing on any matter to which it is relevant
and probative.
(e)(4) Except as provided in K.S.A. 60-445, and amendments thereto,
in a criminal action in which the defendant is accused of a domestic
violence offense, evidence of the defendant's commission of another
domestic violence offense is admissible and may be considered for its
bearing on any matter to which it is relevant and probative.
(c) In a criminal action in which the prosecution intends to offer
evidence under this rule, the prosecuting attorney shall disclose the
evidence to the defendant, including statements of witnesses, at least 10
days before the scheduled date of trial or at such later time as the court
may allow for good cause.
(f)(d) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule or to limit the admissibility
of the evidence of other crimes or civil wrongs in a criminal action under a
criminal statute other than in articles 34, 35 or 36 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of
chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325,
21-6326 or 21-6419 through 21-6422, and amendments thereto.
(g)(e) As used in this section, an:
(1) "Act or offense of sexual misconduct" includes:
(1)(A) Any conduct proscribed by article 35 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21
of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6422, and
amendments thereto;
(2)(B) the sexual gratification component of aggravated human
trafficking, as described in K.S.A. 21-3447(a)(1)(B) or (a)(2), prior to its
repeal, or K.S.A. 21-5426(b)(1)(B) or (b)(2), and amendments thereto;
(3)(C) exposing another to a life threatening communicable disease,
as described in K.S.A. 21-3435(a)(1), prior to its repeal, or K.S.A. 21-
5424(a)(1), and amendments thereto;
(4)(D) incest, as described in K.S.A. 21-3602, prior to its repeal, or
K.S.A. 21-5604(a), and amendments thereto;
(5)(E) aggravated incest, as described in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(6)(F) contact, without consent, between any part of the defendant's
body or an object and the genitals, mouth or anus of the victim;
(7)(G) contact, without consent, between the genitals, mouth or anus
of the defendant and any part of the victim's body;
(8)(H) deriving sexual pleasure or gratification from the infliction of
death, bodily injury or physical pain to the victim;
(9)(I) an attempt, solicitation or conspiracy to engage in conduct
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described in paragraphs (1) (1)(A) through (8) (1)(H); or
(10)(J) any federal or other state conviction of an offense, or any
violation of a city ordinance or county resolution, that would constitute an
offense under article 35 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes
Annotated, or K.S.A. 21-6419 through 21-6422, and amendments thereto,
the sexual gratification component of aggravated human trafficking, as
described in K.S.A. 21-3447(a)(1)(B) or (a)(2), prior to its repeal, or
K.S.A. 21-5426(b)(1)(B) or (b)(2), and amendments thereto; incest, as
described in K.S.A. 21-3602, prior to its repeal, or K.S.A. 21-5604(a), and
amendments thereto; or aggravated incest, as described in K.S.A. 21-3603,
prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto, or
involved conduct described in paragraphs (6) through (9).
(2) "Domestic violence offense" means the same as defined in K.S.A.
21-5111, and amendments thereto.
(h)(f) If any provisions of this section or the application thereof to any
person or circumstances is held invalid, the invalidity does not affect other
provisions or applications of this section which can be given effect without
the invalid provisions or application. To this end the provisions of this
section are severable.
Sec. 2. K.S.A. 2023 Supp. 60-455 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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