KS
Kansas Senate Bill SB242

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB242 Compare Versions

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11 Session of 2023
22 SENATE BILL No. 242
33 By Committee on Judiciary
44 2-10
55 AN ACT enacting the cold case homicide victims' families' rights act;
66 providing for a system for reviewing the case files of cold case
77 homicides upon written application by certain persons.
88 Be it enacted by the Legislature of the State of Kansas:
99 Section 1. (a) Sections 1 through 9, and amendments thereto, shall be
1010 known and may be cited as the cold case homicide victims' families' rights
1111 act.
1212 (b) The act applies to any cold case homicide occurring on and after
1313 January 1, 1970.
1414 (c) As used in the act:
1515 (1) "Agency" means a state or local law enforcement agency with
1616 jurisdiction to engage in the detection, investigation or prosecution of a
1717 cold case homicide.
1818 (2) "Cold case homicide" means a homicide:
1919 (A) Committed more than three years prior to the date of an
2020 application by a designated person under section 2, and amendments
2121 thereto;
2222 (B) previously investigated by a state or local law enforcement
2323 agency;
2424 (C) for which all probative investigative leads have been exhausted;
2525 and
2626 (D) for which no likely perpetrator has been identified.
2727 (3) "Designated person" means an immediate family member or
2828 someone similarly situated, as determined by the agency.
2929 (4) "Immediate family member" means a parent, parent-in-law,
3030 grandparent, grandparent-in-law, sibling, spouse, child or stepchild of a
3131 homicide victim.
3232 (5) "Victim" means a natural person who died as a result of a cold
3333 case homicide.
3434 Sec. 2. (a) Each agency shall develop a written application to be used
3535 for designated persons to request a case file review under this section.
3636 (b) The head of an agency shall review the case file regarding a cold
3737 case homicide upon written application by one designated person to
3838 determine if a full reinvestigation would result in either the identification
3939 of probative investigative leads or a likely perpetrator.
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7676 (c) The review under subsection (b) shall include:
7777 (1) An analysis of what investigative steps or follow-up steps may
7878 have been missed in the initial investigation;
7979 (2) an assessment of whether witnesses should be interviewed or
8080 reinterviewed;
8181 (3) an examination of physical evidence to see if all appropriate
8282 forensic testing and analysis was performed in the first instance or if
8383 additional testing might produce information relevant to the investigation;
8484 and
8585 (4) an update of the case file using the most current investigative
8686 standards as of the date of the review to the extent it would help develop
8787 probative leads.
8888 (d) In any case in which a written application for review has been
8989 received under the cold case homicide victims' families' rights act by the
9090 agency, review is not warranted if the case does not satisfy the criteria for
9191 a cold case homicide. In such a case, the head of the agency shall issue a
9292 written certification. A copy of such written certification shall be provided
9393 to the designated person that made the application under this section,
9494 stating that final review is not warranted because all probative
9595 investigative leads have been exhausted or that a likely perpetrator will not
9696 be identified.
9797 (e) A review required under this section shall not be conducted by a
9898 person who previously investigated the homicide at issue.
9999 (f) The agency shall provide in writing to the applicant as soon as
100100 reasonably possible:
101101 (1) Confirmation of the agency's receipt of the application under this
102102 section; and
103103 (2) notice of the applicant's rights under the cold case homicide
104104 victims' families' rights act.
105105 (g) Only one case file review shall be undertaken at any one time
106106 with respect to the same cold case homicide victim.
107107 (h) Not later than six months after the receipt of the written
108108 application submitted pursuant to this section, the agency shall conclude
109109 its case file review and reach a conclusion about whether or not a full
110110 reinvestigation under section 4, and amendments thereto, is warranted.
111111 (i) (1) The agency may extend the time limit under subsection (h)
112112 once for a period of time not to exceed six months if the agency makes a
113113 finding that the number of case files to be reviewed make it impracticable
114114 to comply with such limit without unreasonably taking resources from
115115 other law enforcement activities.
116116 (2) For cases for which the time limit in subsection (h) is extended,
117117 the agency shall provide notice and an explanation of its reasoning to the
118118 designated person who filed the written application pursuant to this
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162162 section.
163163 Sec. 3. (a) The agency shall conduct a full reinvestigation of the cold
164164 case homicide at issue if the review of the case file required by section 2,
165165 and amendments thereto, concludes that a full reinvestigation of such cold
166166 case homicide would result in probative investigative leads.
167167 (b) A full reinvestigation shall include analyzing all evidence
168168 regarding the cold case homicide at issue for the purpose of developing
169169 probative investigative leads or a likely perpetrator.
170170 (c) A reinvestigation required under subsection (a) shall not be
171171 conducted by a person who previously investigated the homicide at issue.
172172 (d) Only one full reinvestigation shall be undertaken at any one time
173173 with respect to the same cold case homicide victim.
174174 Sec. 4. (a) The agency shall consult with the designated person who
175175 filed the written application pursuant to section 2, and amendments
176176 thereto, and provide the person with periodic updates during the case file
177177 review and full reinvestigation.
178178 (b) The agency shall meet with the designated person and discuss the
179179 evidence to explain to the designated person who filed the written
180180 application pursuant to section 2, and amendments thereto, its decision
181181 whether or not to engage in the full reinvestigation provided for under
182182 section 4, and amendments thereto, at the conclusion of the case file
183183 review.
184184 Sec. 5. (a) (1) If the review of the case file required by section 2, and
185185 amendments thereto, is conducted and a conclusion is reached not to
186186 conduct a full reinvestigation, no additional case file review shall be
187187 required to be undertaken under the cold case homicide victims' families'
188188 rights act with respect to that cold case homicide for a period of five years
189189 unless there is newly discovered, materially significant evidence.
190190 (2) An agency may continue an investigation without a designated
191191 person's application.
192192 (b) If a full reinvestigation of a cold case homicide is completed and a
193193 suspect is not identified at its conclusion, no additional case file review or
194194 full reinvestigation shall be undertaken with regard to that cold case
195195 homicide for a period of five years beginning on the date of the conclusion
196196 of the reinvestigation unless there is newly discovered, materially
197197 significant evidence.
198198 Sec. 6. (a) On July 1, 2026, and annually thereafter, the director of the
199199 Kansas bureau of investigation shall publish statistics on the number of
200200 cold case homicides.
201201 (b) The statistics published pursuant to subsection (a) shall, at a
202202 minimum, be disaggregated by the circumstances of the cold case
203203 homicide, including the classification of the offense, and by agency.
204204 Sec. 7. (a) On or before July 1, 2024, the head of each agency shall
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248248 adopt a detailed, written policy to ensure the right of a designated person
249249 to request a review under the cold case homicide victims' families' rights
250250 act and ensure compliance by the agency with the requirements of the act.
251251 (b) The policy adopted under subsection (a) shall:
252252 (1) Designate an administrative authority within the agency to receive
253253 and investigate complaints relating to a review initiated under section 2,
254254 and amendments thereto, or a reinvestigation initiated under section 4, and
255255 amendments thereto;
256256 (2) require a course of training for appropriate employees and officers
257257 within the agency regarding the procedures, responsibilities and
258258 obligations required under the cold case homicide victims' families' rights
259259 act;
260260 (3) contain disciplinary sanctions, which may include suspension or
261261 termination from employment, for employees of the agency who are
262262 shown to have knowingly failed to comply with the cold case homicide
263263 victims' families' rights act;
264264 (4) provide a procedure for the resolution of complaints filed by the
265265 designated person concerning the agency's handling of a cold case
266266 homicide investigation or the case file evaluation; and
267267 (5) provide that the head of the agency, or the designee thereof, shall
268268 make the final decision regarding the complaint and that there shall be no
269269 judicial review of the final decision of the head of the agency by a
270270 complainant.
271271 Sec. 8. Nothing in the cold case homicide victims' families' rights act
272272 shall require an agency to provide information that would endanger the
273273 safety of any person, unreasonably impede an ongoing investigation,
274274 violate a court order or violate legal obligations regarding privacy.
275275 Sec. 9. If more than one agency conducted the initial investigation of
276276 a cold case homicide, each agency shall coordinate their case file review or
277277 full reinvestigation such that there is only one joint case file review or full
278278 reinvestigation occurring at a time in compliance with section 2 or 4, and
279279 amendments thereto, as applicable.
280280 Sec. 10. This act shall take effect and be in force from and after its
281281 publication in the statute book.
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