Session of 2025
SENATE BILL No. 245
By Committee on Judiciary
2-7
AN ACT concerning crimes, punishment and criminal procedure;
providing that no person shall be sentenced to death for crimes
committed after July 1, 2025; creating the crime of aggravated murder;
requiring a sentence of imprisonment for life without the possibility of
parole therefor; clarifying laws related to sentences of imprisonment for
life without the possibility of parole; amending K.S.A. 21-5301, 21-
5402, 21-5419, 21-6614, 21-6618, 21-6620, 21-6622, 21-6628, 21-
6629, 21-6806, 22-2512, 22-4902, 22-4906, 23-3222, 38-2271, 38-
2303, 38-2312, 38-2365, 72-2165 and 75-52,148 and K.S.A. 2024
Supp. 21-6328, 22-3717, 38-2255, 39-970, 39-2009 and 65-5117 and
repealing the existing sections; also repealing K.S.A. 21-5401, 21-6617
and 21-6619; also repealing K.S.A. 2024 Supp. 39-2009a.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) No person shall be sentenced to death for a crime
committed on or after July 1, 2025.
(b) Any person who is sentenced to death for a crime committed prior
to July 1, 2025, may be put to death pursuant to the provisions of article 40
of chapter 22 of the Kansas Statutes Annotated, and amendments thereto.
(c) This section shall be a part of and supplemental to the Kansas
criminal code.
New Sec. 2. (a) Aggravated murder is the:
(1) Intentional and premeditated killing of any person in the
commission of kidnapping, as defined in K.S.A. 21-5408, and
amendments thereto, or aggravating kidnapping, as defined in K.S.A. 21-
5408(b), and amendments thereto, when the kidnapping or aggravated
kidnapping was committed with the intent to hold such person for ransom;
(2) intentional and premeditated killing of any person pursuant to a
contract or agreement to kill such person or being a party to the contract or
agreement pursuant to which such person is killed;
(3) intentional and premeditated killing of any person by an inmate or
prisoner confined in a state correctional institution, community
correctional institution or jail or while in the custody of an officer or
employee of a state correctional institution, community correctional
institution or jail;
(4) intentional and premeditated killing of the victim of one of the
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following crimes in the commission of, or subsequent to, such crime:
Rape, as defined in K.S.A. 21-5503, and amendments thereto, criminal
sodomy, as defined in K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto, or aggravated criminal sodomy, as defined in K.S.A. 21-5504(b),
and amendments thereto, or any attempt thereof, as defined in K.S.A. 21-
5301, and amendments thereto;
(5) intentional and premeditated killing of a law enforcement officer;
(6) intentional and premeditated killing of more than one person as a
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; or
(7) intentional and premeditated killing of a child under the age of 14
in the commission of kidnapping, as defined in K.S.A. 21-5408(a), and
amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-
5408(b), and amendments thereto, when the kidnapping or aggravated
kidnapping was committed with intent to commit a sex offense upon or
with the child or with intent that the child commit or submit to a sex
offense.
(b) For purposes of this section, "sex offense" means rape, as defined
in K.S.A. 21-5503, and amendments thereto, aggravated indecent liberties
with a child, as defined in K.S.A. 21-5506(b), and amendments thereto,
aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and
amendments thereto, selling sexual relations, as defined in K.S.A. 21-
6419, and amendments thereto, promoting the sale of sexual relations, as
defined in K.S.A. 21-6420, and amendments thereto, or sexual exploitation
of a child, as defined in K.S.A. 21-5510, and amendments thereto.
(c) Notwithstanding K.S.A. 21-5109(b)(1) or (b)(2), and amendments
thereto, when the same conduct of a defendant may establish the
commission of aggravated murder and the commission of another crime
under the laws of this state, the defendant may be prosecuted and
sentenced for each of such crimes.
(d) Aggravated murder or an attempt to commit aggravated murder is
an off-grid person felony.
(e) The provisions of K.S.A. 21-5301(c), and amendments thereto,
shall not apply to a violation of attempting to commit the crime of
aggravated murder pursuant to this section.
(f) This section shall be a part of and supplemental to the Kansas
criminal code.
New Sec. 3. (a) When it is provided by law that a person shall be
sentenced pursuant to this section, such person shall be sentenced to
imprisonment for life without the possibility of parole. A defendant who is
sentenced to imprisonment for life without the possibility of parole shall
spend the remainder of the defendant's natural life incarcerated and in the
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custody of the secretary of corrections. A defendant who is sentenced to
imprisonment for life without the possibility of parole shall not be eligible
for commutation of sentence, parole, probation, assignment to a
community correctional services program, conditional release, postrelease
supervision, functional incapacitation release pursuant to K.S.A. 22-3728,
and amendments thereto, or suspension, modification or reduction of
sentence. Upon sentencing a defendant to imprisonment for life without
the possibility of parole, the court shall commit the defendant to the
custody of the secretary of corrections and the court shall state in the
sentencing order of the judgment form or journal entry, whichever is
delivered with the defendant to the correctional institution, that the
defendant has been sentenced to imprisonment for life without the
possibility of parole.
(b) This section shall be a part of and supplemental to the Kansas
criminal code.
Sec. 4. K.S.A. 21-5301 is hereby amended to read as follows: 21-
5301. (a) An attempt is any overt act toward the perpetration of a crime
done by a person who intends to commit such crime but fails in the
perpetration thereof or is prevented or intercepted in executing such crime.
(b) It shall not be a defense to a charge of attempt that the
circumstances under which the act was performed or the means employed
or the act itself were such that the commission of the crime was not
possible.
(c) (1) An attempt to commit an off-grid felony shall be ranked at
nondrug severity level 1. An attempt to commit any other nondrug felony
shall be ranked on the nondrug scale at two severity levels below the
appropriate level for the underlying or completed crime. The lowest
severity level for an attempt to commit a nondrug felony shall be a severity
level 10.
(2) The provisions of this subsection shall not apply to a violation of
attempting to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b),
and amendments thereto, if the offender is 18 years of age or older and the
victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;
(C) illegal use of weapons of mass destruction, as defined in K.S.A.
21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments
thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A.
21-5506(b)(3), and amendments thereto, if the offender is 18 years of age
or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1)
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or (2), and amendments thereto, if the offender is 18 years of age or older;
(G) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto, if the offender is 18 years of age or
older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1)
or (4), and amendments thereto, if the offender is 18 years of age or older
and the child is less than 14 years of age;
(I) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years of
age or older and the child is less than 14 years of age; or
(J) capital murder, as defined in K.S.A. 21-5401aggravated murder,
as defined in section 2, and amendments thereto.
(d) (1) An attempt to commit a felony which that prescribes a
sentence on the drug grid shall reduce the prison term prescribed in the
drug grid block for an underlying or completed crime by six months.
(2) The provisions of this subsection shall not apply to a violation of
attempting to commit a violation of K.S.A. 21-5703, and amendments
thereto.
(e) An attempt to commit a class A person misdemeanor is a class B
person misdemeanor. An attempt to commit a class A nonperson
misdemeanor is a class B nonperson misdemeanor.
(f) An attempt to commit a class B or C misdemeanor is a class C
misdemeanor.
Sec. 5. K.S.A. 21-5402 is hereby amended to read as follows: 21-
5402. (a) Murder in the first degree is the killing of a human being
committed:
(1) Intentionally, and with premeditation; or
(2) in the commission of, attempt to commit, or flight from any
inherently dangerous felony.
(b) Murder in the first degree is an off-grid person felony.
(c) As used in this section, an "inherently dangerous felony" means:
(1) Any of the following felonies, whether such felony is so distinct
from the homicide alleged to be a violation of subsection (a)(2) as not to
be an ingredient of the homicide alleged to be a violation of subsection (a)
(2):
(A) Kidnapping, as defined in K.S.A. 21-5408(a), and amendments
thereto;
(B) aggravated kidnapping, as defined in K.S.A. 21-5408(b), and
amendments thereto;
(C) robbery, as defined in K.S.A. 21-5420(a), and amendments
thereto;
(D) aggravated robbery, as defined in K.S.A. 21-5420(b), and
amendments thereto;
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(E) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b),
and amendments thereto;
(G) abuse of a child, as defined in K.S.A. 21-5602, and amendments
thereto;
(H) felony theft of property, as defined in K.S.A. 21-5801(a)(1) or (a)
(3), and amendments thereto;
(I) burglary, as defined in K.S.A. 21-5807(a), and amendments
thereto;
(J) aggravated burglary, as defined in K.S.A. 21-5807(b), and
amendments thereto;
(K) arson, as defined in K.S.A. 21-5812(a), and amendments thereto;
(L) aggravated arson, as defined in K.S.A. 21-5812(b), and
amendments thereto;
(M) treason, as defined in K.S.A. 21-5901, and amendments thereto;
(N) any felony offense as provided in K.S.A. 21-5703, 21-5705 or
21-5706, and amendments thereto;
(O) any felony offense as provided in K.S.A. 21-6308(a) or (b), and
amendments thereto;
(P) endangering the food supply, as defined in K.S.A. 21-6317(a),
and amendments thereto;
(Q) aggravated endangering the food supply, as defined in K.S.A. 21-
6317(b), and amendments thereto;
(R) fleeing or attempting to elude a police officer, as defined in
K.S.A. 8-1568(b), and amendments thereto;
(S) aggravated endangering a child, as defined in K.S.A. 21-5601(b)
(1), and amendments thereto;
(T) abandonment of a child, as defined in K.S.A. 21-5605(a), and
amendments thereto;
(U) aggravated abandonment of a child, as defined in K.S.A. 21-
5605(b), and amendments thereto; or
(V) mistreatment of a dependent adult or mistreatment of an elder
person, as defined in K.S.A. 21-5417, and amendments thereto; and
(2) any of the following felonies, only when such felony is so distinct
from the homicide alleged to be a violation of subsection (a)(2) as to not
be an ingredient of the homicide alleged to be a violation of subsection (a)
(2):
(A) Murder in the first degree, as defined in subsection (a)(1);
(B) murder in the second degree, as defined in K.S.A. 21-5403(a)(1),
and amendments thereto;
(C) voluntary manslaughter, as defined in K.S.A. 21-5404(a)(1), and
amendments thereto;
(D) aggravated assault, as defined in K.S.A. 21-5412(b), and
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amendments thereto;
(E) aggravated assault of a law enforcement officer, as defined in
K.S.A. 21-5412(d), and amendments thereto;
(F) aggravated battery, as defined in K.S.A. 21-5413(b)(1), and
amendments thereto; or
(G) aggravated battery against a law enforcement officer, as defined
in K.S.A. 21-5413(d), and amendments thereto.
(d) Murder in the first degree as defined in subsection (a)(2) is an
alternative method of proving murder in the first degree and is not a
separate crime from murder in the first degree as defined in subsection (a)
(1). The provisions of K.S.A. 21-5109, and amendments thereto, are not
applicable to murder in the first degree as defined in subsection (a)(2).
Murder in the first degree as defined in subsection (a)(2) is not a lesser
included offense of murder in the first degree as defined in subsection (a)
(1), and is not a lesser included offense of capital aggravated murder as
defined in K.S.A. 21-5401, and amendments thereto. As set forth in
subsection (b) of K.S.A. 21-5109(b), and amendments thereto, there are no
lesser included offenses of murder in the first degree under subsection (a)
(2).
(e) The amendments to this section by chapter 96 of the 2013 Session
Laws of Kansas establish a procedural rule for the conduct of criminal
prosecutions and shall be construed and applied retroactively to all cases
currently pending.
Sec. 6. K.S.A. 21-5419 is hereby amended to read as follows: 21-
5419. (a) As used in this section:
(1) "Abortion" means an abortion as defined by K.S.A. 65-6701, and
amendments thereto; and
(2) "unborn child" means a living individual organism of the species
homo sapiens, in utero, at any stage of gestation from fertilization to birth.
(b) This section shall not apply to:
(1) Any act committed by the mother of the unborn child;
(2) any medical procedure, including abortion, performed by a
physician or other licensed medical professional at the request of the
pregnant woman or her legal guardian; or
(3) the lawful dispensation or administration of lawfully prescribed
medication.
(c) As used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405,
21-5406 and subsections (a) and (b) of, 21-5413(a) and (b) and section 2,
and amendments thereto, "person" and "human being" also mean an
unborn child.
(d) This section shall be known as Alexa's law.
Sec. 7. K.S.A. 2024 Supp. 21-6328 is hereby amended to read as
follows: 21-6328. As used in the Kansas racketeer influenced and corrupt
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organization act:
(a) (1) "Beneficial interest" means the interest of a person:
(A) As a beneficiary under any trust arrangement pursuant to which a
trustee holds legal or record title to real property for the benefit of such
person; or
(B) under any other form of express fiduciary arrangement pursuant
to which any other person holds legal or record title to real property for the
benefit of such person.
(2) The term "beneficial interest" does not include the interest of a
stock holder in a corporation or the interest of a partner in either a general
partnership or a limited partnership. A beneficial interest shall be deemed
to be located where the real property owned by the trustee is located.
(b) "Covered person" means any person who:
(1) Is a criminal street gang member or criminal street gang associate,
as defined in K.S.A. 21-6313, and amendments thereto;
(2) has engaged in or is engaging in any conduct prohibited by K.S.A.
21-5426, and amendments thereto, human trafficking or aggravated human
trafficking, or K.S.A. 21-6422, and amendments thereto, commercial
sexual exploitation of a child;
(3) has engaged in or is engaging in any conduct prohibited by K.S.A.
21-5703, and amendments thereto, unlawful manufacturing of controlled
substances, or K.S.A. 21-5705, and amendments thereto, unlawful
cultivation or distribution of controlled substances; or
(4) has engaged in or is engaging in any conduct prohibited by K.S.A.
21-6107, and amendments thereto, identity theft or identity fraud.
(c) "Documentary material" means any book, paper, document,
writing, drawing, graph, chart, photograph, phonorecord, magnetic tape,
computer printout, other data compilation from which information can be
obtained or from which information can be translated into usable form, or
other tangible item.
(d) "Enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, union chartered under the laws of
this state, or other legal entity, or any unchartered union, association, or
group of individuals associated in fact although not a legal entity; and it
includes illicit as well as licit enterprises and governmental, as well as
other, entities. A criminal street gang, as defined in K.S.A. 21-6313, and
amendments thereto, constitutes an enterprise.
(e) "Pattern of racketeering activity" means engaging in at least two
incidents of racketeering activity that have the same or similar intents,
results, accomplices, victims or methods of commission or that otherwise
are interrelated by distinguishing characteristics and are not isolated
incidents, provided at least one of such incidents occurred after the
effective date of this act and that the last of such incidents occurred within
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five years, excluding any period of imprisonment, after a prior incident of
racketeering activity.
(f) "Racketeering activity" means to commit, attempt to commit,
conspire to commit or to solicit, coerce or intimidate another person to
commit any:
(1) Felony or misdemeanor violation of: The felony provisions of
K.S.A. 8-1568, and amendments thereto, fleeing or attempting to elude a
police officer; K.S.A. 9-508 et seq., and amendments thereto, Kansas
money transmitter act; article 12a of chapter 17 of the Kansas Statutes
Annotated, and amendments thereto, Kansas uniform securities act; K.S.A.
21-5401 section 2, and amendments thereto, capital aggravated murder;
K.S.A. 21-5402, and amendments thereto, murder in the first degree;
K.S.A. 21-5403, and amendments thereto, murder in the second degree;
K.S.A. 21-5408, and amendments thereto, kidnapping or aggravated
kidnapping; K.S.A. 21-5412, and amendments thereto; K.S.A. 21-5413,
and amendments thereto; K.S.A. 21-5414, and amendments thereto,
domestic battery; K.S.A. 21-5415, and amendments thereto, criminal
threat or aggravated criminal threat; K.S.A. 21-5420, and amendments
thereto, robbery or aggravated robbery; K.S.A. 21-5421, and amendments
thereto, terrorism; K.S.A. 21-5422, and amendments thereto, illegal use of
weapons of mass destruction; K.S.A. 21-5423, and amendments thereto;
K.S.A. 21-5426, and amendments thereto, human trafficking or aggravated
human trafficking; K.S.A. 21-5428, and amendments thereto, blackmail;
K.S.A 21-5510, and amendments thereto, sexual exploitation of a child;
K.S. 21-5601, and amendments thereto, endangering a child or aggravated
endangering a child; K.S.A. 21-5602, and amendments thereto, abuse of a
child; K.S.A. 21-5603, and amendments thereto, contributing to a child's
misconduct or deprivation; K.S.A. 21-5607(b), and amendments thereto,
furnishing alcoholic beverages to a minor for illicit purposes; article 57 of
chapter 21 of the Kansas Statutes Annotated, and amendments thereto,
crimes involving controlled substances; K.S.A. 21-5801, and amendments
thereto, theft; K.S.A. 21-5803, and amendments thereto, criminal
deprivation of property; K.S.A. 21-5805, and amendments thereto; K.S.A.
21-5807, and amendments thereto, burglary or aggravated burglary;
K.S.A. 21-5812, and amendments thereto, arson or aggravated arson;
K.S.A. 21-5813, and amendments thereto, criminal damage to property;
K.S.A. 21-5814, and amendments thereto, criminal use of an explosive;
K.S.A. 21-5821, and amendments thereto, giving a worthless check;
K.S.A. 21-5823, and amendments thereto, forgery; K.S.A. 21-5824, and
amendments thereto, making false information; K.S.A. 21-5825, and
amendments thereto, counterfeiting; K.S.A. 21-5826, and amendments
thereto, destroying written instrument; K.S.A. 21-5828, and amendments
thereto, criminal use of a financial card; K.S.A. 21-5838, and amendments
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thereto, conducting a pyramid promotional scheme; K.S.A. 21-5839, and
amendments thereto; K.S.A. 2024 Supp. 21-5841, and amendments
thereto, organized retail crime; K.S.A. 21-5903, and amendments thereto,
perjury; K.S.A. 21-5904, and amendments thereto, interference with law
enforcement; K.S.A. 21-5905, and amendments thereto, interference with
the judicial process; K.S.A. 21-5909, and amendments thereto,
intimidation of a witness or victim or aggravated intimidation of a witness
or victim; K.S.A. 21-5912, and amendments thereto, aiding escape; K.S.A.
21-5913, and amendments thereto, obstructing apprehension or
prosecution; K.S.A. 21-5918, and amendments thereto; K.S.A. 21-6001,
and amendments thereto, bribery; K.S.A. 21-6002, and amendments
thereto, official misconduct; K.S.A. 21-6107, and amendments thereto,
identity theft or identity fraud; K.S.A. 21-6301, and amendments thereto,
criminal use of weapons; K.S.A. 21-6302, and amendments thereto,
criminal carrying of a weapon; K.S.A. 21-6303, and amendments thereto,
criminal distribution of firearms to a felon; K.S.A. 21-6304, and
amendments thereto, criminal possession of a weapon by a convicted
felon; K.S.A. 21-6305, and amendments thereto, aggravated weapons
violation by a convicted felon; K.S.A. 21-6306, and amendments thereto,
defacing identification marks of a firearm; K.S.A. 21-6308, and
amendments thereto, criminal discharge of a firearm; K.S.A. 21-6310, and
amendments thereto, unlawful endangerment; K.S.A. 21-6312, and
amendments thereto; K.S.A. 21-6314, and amendments thereto, recruiting
criminal street gang membership; K.S.A. 21-6315, and amendments
thereto, criminal street gang intimidation; K.S.A. 21-6401, and
amendments thereto, promoting obscenity or promoting obscenity to
minors; K.S.A. 21-6404, and amendments thereto, gambling; K.S.A. 21-
6405, and amendments thereto, illegal bingo operation; K.S.A. 21-6406,
and amendments thereto, commercial gambling; K.S.A. 21-6407, and
amendments thereto, dealing in gambling devices; K.S.A. 21-6408, and
amendments thereto; K.S.A. 21-6409, and amendments thereto, installing
communication facilities for gamblers; K.S.A. 21-6414(a) or (b), and
amendments thereto, unlawful conduct of dog fighting or unlawful
possession of dog fighting paraphernalia; K.S.A. 21-6417(a) or (b), and
amendments thereto, unlawful conduct of cockfighting or unlawful
possession of cockfighting paraphernalia; K.S.A. 21-6419, and
amendments thereto, selling sexual relations; K.S.A. 21-6420, and
amendments thereto, promoting the sale of sexual relations; K.S.A. 21-
6422, and amendments thereto, commercial sexual exploitation of a child;
K.S.A. 21-6501, and amendments thereto, extortion; K.S.A. 21-6502, and
amendments thereto, debt adjusting; K.S.A. 21-6504, and amendments
thereto, equity skimming; K.S.A. 21-6506, and amendments thereto,
commercial bribery; K.S.A. 21-6507, and amendments thereto, sports
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bribery; K.S.A. 21-6508, and amendments thereto, tampering with a sports
contest; K.S.A. 39-720, and amendments thereto, social welfare service
fraud; K.S.A. 40-2,118, and amendments thereto, fraudulent insurance
acts; K.S.A. 41-101 et seq., and amendments thereto, Kansas liquor
control act; K.S.A. 44-5,125, and amendments thereto, workers'
compensation act; K.S.A. 65-1657, and amendments thereto, nonresident
pharmacy registration; K.S.A. 65-3441, and amendments thereto,
hazardous waste; K.S.A. 65-4167, and amendments thereto, trafficking in
counterfeit drugs; article 88 of chapter 74 of the Kansas Statutes
Annotated, and amendments thereto, Kansas parimutuel racing act; or
K.S.A. 79-3321, and amendments thereto, Kansas cigarette and tobacco
products act; or
(2) conduct defined as "racketeering activity" under 18 U.S.C. §
1961(1).
(g) "Real property" means any real property or any interest in such
real property, including, but not limited to, any lease of or mortgage upon
such real property.
(h) (1) "Trustee" means any:
(A) Person acting as trustee pursuant to a trust in which the trustee
holds legal or record title to real property;
(B) person who holds legal or record title to real property in which
any other person has a beneficial interest; or
(C) successor trustee or trustees to any or all of the foregoing persons.
(2) The term "trustee" does not include any person appointed or
acting as a personal representative as defined in K.S.A. 59-102, and
amendments thereto, or appointed or acting as a trustee of any
testamentary trust or as a trustee of any indenture of trust under which any
bonds have been or are to be issued.
(i) "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally unenforceable in
this state in whole or in part because the debt was incurred or contracted
in:
(1) Violation of any of the following provisions of law: Article 88 of
chapter 74 of the Kansas Statutes Annotated, and amendments thereto,
Kansas parimutuel racing act; K.S.A. 21-6404, and amendments thereto,
gambling; K.S.A. 21-6405, and amendments thereto, illegal bingo
operation; K.S.A. 21-6406, and amendments thereto, commercial
gambling; K.S.A. 21-6407, and amendments thereto, dealing in gambling
devices; K.S.A. 21-6408, and amendments thereto, unlawful possession of
a gambling device; or K.S.A. 21-6409, and amendments thereto, installing
communication facilities for gamblers; or
(2) gambling activity in violation of federal law or in the business of
lending money at a rate usurious under state or federal law.
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Sec. 8. K.S.A. 21-6614 is hereby amended to read as follows: 21-
6614. (a) (1) Except as provided in subsections (b), (c), (d), (e) and (f), any
person convicted in this state of a traffic infraction, cigarette or tobacco
infraction, misdemeanor or a class D or E felony, or for crimes committed
on or after July 1, 1993, any nongrid felony or felony ranked in severity
levels 6 through 10 of the nondrug grid, or for crimes committed on or
after July 1, 1993, but prior to July 1, 2012, any felony ranked in severity
level 4 of the drug grid, or for crimes committed on or after July 1, 2012,
any felony ranked in severity level 5 of the drug grid may petition the
convicting court for the expungement of such conviction or related arrest
records if three or more years have elapsed since the person: (A) Satisfied
the sentence imposed; or (B) was discharged from probation, a community
correctional services program, parole, postrelease supervision, conditional
release or a suspended sentence.
(2) Except as provided in subsections (b), (c), (d), (e) and (f), any
person who has fulfilled the terms of a diversion agreement may petition
the district court for the expungement of such diversion agreement and
related arrest records if three or more years have elapsed since the terms of
the diversion agreement were fulfilled.
(3) Notwithstanding the provisions of subsection (a)(1), and except as
provided in subsections (b), (c), (d), (e) and (f), any person who has
completed the requirements of a specialty court program established
pursuant to K.S.A. 20-173, and amendments thereto, may petition the
district court for the expungement of the conviction and related arrest
records. The court may waive all or part of the docket fee imposed for
filing a petition pursuant to this subsection.
(b) Any person convicted of prostitution, as defined in K.S.A. 21-
3512, prior to its repeal, convicted of a violation of K.S.A. 21-6419, and
amendments thereto, or who entered into a diversion agreement in lieu of
further criminal proceedings for such violation, may petition the
convicting court for the expungement of such conviction or diversion
agreement and related arrest records if:
(1) One or more years have elapsed since the person satisfied the
sentence imposed or the terms of a diversion agreement or was discharged
from probation, a community correctional services program, parole,
postrelease supervision, conditional release or a suspended sentence; and
(2) such person can prove they were acting under coercion caused by
the act of another. For purposes of this subsection, "coercion" means:
Threats of harm or physical restraint against any person; a scheme, plan or
pattern intended to cause a person to believe that failure to perform an act
would result in bodily harm or physical restraint against any person; or the
abuse or threatened abuse of the legal process.
(c) Except as provided in subsections (e) and (f), no person may
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petition for expungement until five or more years have elapsed since the
person satisfied the sentence imposed or the terms of a diversion
agreement or was discharged from probation, a community correctional
services program, parole, postrelease supervision, conditional release or a
suspended sentence, if such person was convicted of a class A, B or C
felony, or for crimes committed on or after July 1, 1993, if convicted of an
off-grid felony or any felony ranked in severity levels 1 through 5 of the
nondrug grid, or for crimes committed on or after July 1, 1993, but prior to
July 1, 2012, any felony ranked in severity levels 1 through 3 of the drug
grid, or for crimes committed on or after July 1, 2012, any felony ranked
in severity levels 1 through 4 of the drug grid, or:
(1) Vehicular homicide, as defined in K.S.A. 21-3405, prior to its
repeal, or K.S.A. 21-5406, and amendments thereto, or as prohibited by
any law of another state that is in substantial conformity with that statute;
(2) driving while the privilege to operate a motor vehicle on the
public highways of this state has been canceled, suspended or revoked, as
prohibited by K.S.A. 8-262, and amendments thereto, or as prohibited by
any law of another state that is in substantial conformity with that statute;
(3) perjury resulting from a violation of K.S.A. 8-261a, and
amendments thereto, or resulting from the violation of a law of another
state that is in substantial conformity with that statute;
(4) violating the provisions of K.S.A. 8-142 Fifth, and amendments
thereto, relating to fraudulent applications or violating the provisions of a
law of another state that is in substantial conformity with that statute;
(5) any crime punishable as a felony wherein a motor vehicle was
used in the perpetration of such crime;
(6) failing to stop at the scene of an accident and perform the duties
required by K.S.A. 8-1603, prior to its repeal, or K.S.A. 8-1602 or 8-1604,
and amendments thereto, or required by a law of another state that is in
substantial conformity with those statutes;
(7) violating the provisions of K.S.A. 40-3104, and amendments
thereto, relating to motor vehicle liability insurance coverage; or
(8) a violation of K.S.A. 21-3405b, prior to its repeal.
(d) (1) No person may petition for expungement until five or more
years have elapsed since the person satisfied the sentence imposed or the
terms of a diversion agreement or was discharged from probation, a
community correctional services program, parole, postrelease supervision,
conditional release or a suspended sentence, if such person was convicted
of a first violation of K.S.A. 8-1567, and amendments thereto, including
any diversion for such violation.
(2) No person may petition for expungement until 10 or more years
have elapsed since the person satisfied the sentence imposed or was
discharged from probation, a community correctional services program,
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parole, postrelease supervision, conditional release or a suspended
sentence, if such person was convicted of a second or subsequent violation
of K.S.A. 8-1567, and amendments thereto.
(3) Except as provided further, the provisions of this subsection shall
apply to all violations committed on or after July 1, 2006. The provisions
of subsection (d)(2) shall not apply to violations committed on or after
July 1, 2014, but prior to July 1, 2015.
(e) There shall be no expungement of convictions for the following
offenses or of convictions for an attempt to commit any of the following
offenses:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(2) indecent liberties with a child or aggravated indecent liberties
with a child, as defined in K.S.A. 21-3503 or 21-3504, prior to their repeal,
or K.S.A. 21-5506, and amendments thereto;
(3) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(4) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504, and amendments thereto;
(5) indecent solicitation of a child or aggravated indecent solicitation
of a child, as defined in K.S.A. 21-3510 or 21-3511, prior to their repeal,
or K.S.A. 21-5508, and amendments thereto;
(6) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
to its repeal, or K.S.A. 21-5510, and amendments thereto;
(7) internet trading in child pornography or aggravated internet
trading in child pornography, as defined in K.S.A. 21-5514, and
amendments thereto;
(8) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604, and amendments thereto;
(9) endangering a child or aggravated endangering a child, as defined
in K.S.A. 21-3608 or 21-3608a, prior to their repeal, or K.S.A. 21-5601,
and amendments thereto;
(10) abuse of a child, as defined in K.S.A. 21-3609, prior to its repeal,
or K.S.A. 21-5602, and amendments thereto;
(11) capital murder, as defined in K.S.A. 21-3439 or 21-5401, prior to
its their repeal, or K.S.A. 21-5401,;
(12) aggravated murder, as defined in section 2, and amendments
thereto;
(12)(13) murder in the first degree, as defined in K.S.A. 21-3401,
prior to its repeal, or K.S.A. 21-5402, and amendments thereto;
(13)(14) murder in the second degree, as defined in K.S.A. 21-3402,
prior to its repeal, or K.S.A. 21-5403, and amendments thereto;
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(14)(15) voluntary manslaughter, as defined in K.S.A. 21-3403, prior
to its repeal, or K.S.A. 21-5404, and amendments thereto;
(15)(16) involuntary manslaughter, as defined in K.S.A. 21-3404,
prior to its repeal, or K.S.A. 21-5405, and amendments thereto;
(16)(17) sexual battery, as defined in K.S.A. 21-3517, prior to its
repeal, or K.S.A. 21-5505, and amendments thereto, when the victim was
less than 18 years of age at the time the crime was committed;
(17)(18) aggravated sexual battery, as defined in K.S.A. 21-3518,
prior to its repeal, or K.S.A. 21-5505, and amendments thereto;
(18)(19) a violation of K.S.A. 8-2,144, and amendments thereto,
including any diversion for such violation; or
(19)(20) any conviction for any offense in effect at any time prior to
July 1, 2011, that is comparable to any offense as provided in this
subsection.
(f) Except as provided in K.S.A. 22-4908, and amendments thereto,
for any offender who is required to register as provided in the Kansas
offender registration act, K.S.A. 22-4901 et seq., and amendments thereto,
there shall be no expungement of any conviction or any part of the
offender's criminal record while the offender is required to register as
provided in the Kansas offender registration act.
(g) (1) When a petition for expungement is filed, the court shall set a
date for a hearing of such petition and shall cause notice of such hearing to
be given to the prosecutor and the arresting law enforcement agency. The
petition shall state the:
(A) Defendant's full name;
(B) full name of the defendant at the time of arrest, conviction or
diversion, if different than the defendant's current name;
(C) defendant's sex, race and date of birth;
(D) crime for which the defendant was arrested, convicted or
diverted;
(E) date of the defendant's arrest, conviction or diversion; and
(F) identity of the convicting court, arresting law enforcement
authority or diverting authority.
(2) Except as otherwise provided by law, a petition for expungement
shall be accompanied by a docket fee in the amount of $176. On and after
July 1, 2019, through June 30, 2025, the supreme court may impose a
charge, not to exceed $19 per case, to fund the costs of non-judicial
personnel. The charge established in this section shall be the only fee
collected or moneys in the nature of a fee collected for the case. Such
charge shall only be established by an act of the legislature and no other
authority is established by law or otherwise to collect a fee.
(3) All petitions for expungement shall be docketed in the original
criminal action. Any person who may have relevant information about the
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petitioner may testify at the hearing. The court may inquire into the
background of the petitioner and shall have access to any reports or
records relating to the petitioner that are on file with the secretary of
corrections or the prisoner review board.
(h) At the hearing on the petition, the court shall order the petitioner's
arrest record, conviction or diversion expunged if the court finds that:
(1) (A) The petitioner has not been convicted of a felony in the past
two years and no proceeding involving any such crime is presently
pending or being instituted against the petitioner if the petition is filed
under subsection (a)(1) or (a)(2); or
(B) no proceeding involving a felony is presently pending or being
instituted against the petitioner if the petition is filed under subsection (a)
(3);
(2) the circumstances and behavior of the petitioner warrant the
expungement;
(3) the expungement is consistent with the public welfare; and
(4) with respect to petitions seeking expungement of a felony
conviction, possession of a firearm by the petitioner is not likely to pose a
threat to the safety of the public.
(i) When the court has ordered an arrest record, conviction or
diversion expunged, the order of expungement shall state the information
required to be contained in the petition. The clerk of the court shall send a
certified copy of the order of expungement to the Kansas bureau of
investigation that shall notify the federal bureau of investigation, the
secretary of corrections and any other criminal justice agency that may
have a record of the arrest, conviction or diversion. If the case was
appealed from municipal court, the clerk of the district court shall send a
certified copy of the order of expungement to the municipal court. The
municipal court shall order the case expunged once the certified copy of
the order of expungement is received. After the order of expungement is
entered, the petitioner shall be treated as not having been arrested,
convicted or diverted of the crime, except that:
(1) Upon conviction for any subsequent crime, the conviction that
was expunged may be considered as a prior conviction in determining the
sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or diversion
occurred if asked about previous arrests, convictions or diversions:
(A) In any application for licensure as a private detective, private
detective agency, certification as a firearms trainer pursuant to K.S.A. 75-
7b21, and amendments thereto, or employment as a detective with a
private detective agency, as defined by K.S.A. 75-7b01, and amendments
thereto; as security personnel with a private patrol operator, as defined by
K.S.A. 75-7b01, and amendments thereto; or with an institution, as defined
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in K.S.A. 76-12a01, and amendments thereto, of the Kansas department
for aging and disability services;
(B) in any application for admission, or for an order of reinstatement,
to the practice of law in this state;
(C) to aid in determining the petitioner's qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;
(D) to aid in determining the petitioner's qualifications for executive
director of the Kansas racing and gaming commission, for employment
with the commission or for work in sensitive areas in parimutuel racing as
deemed appropriate by the executive director of the commission, or to aid
in determining qualifications for licensure or renewal of licensure by the
commission;
(E) to aid in determining the petitioner's qualifications for the
following under the Kansas expanded lottery act: (i) Lottery gaming
facility manager or prospective manager, racetrack gaming facility
manager or prospective manager, licensee or certificate holder; or (ii) an
officer, director, employee, owner, agent or contractor thereof;
(F) upon application for a commercial driver's license under K.S.A.
8-2,125 through 8-2,142, and amendments thereto;
(G) to aid in determining the petitioner's qualifications to be an
employee of the state gaming agency;
(H) to aid in determining the petitioner's qualifications to be an
employee of a tribal gaming commission or to hold a license issued
pursuant to a tribal-state gaming compact;
(I) in any application for registration as a broker-dealer, agent,
investment adviser or investment adviser representative all as defined in
K.S.A. 17-12a102, and amendments thereto;
(J) in any application for employment as a law enforcement officer as
defined in K.S.A. 22-2202 or 74-5602, and amendments thereto; or
(K) to aid in determining the petitioner's qualifications for a license to
act as a bail enforcement agent pursuant to K.S.A. 75-7e01 through 75-
7e09, and amendments thereto, and K.S.A. 2024 Supp. 50-6,141, and
amendments thereto;
(3) the court, in the order of expungement, may specify other
circumstances under which the conviction is to be disclosed;
(4) the conviction may be disclosed in a subsequent prosecution for
an offense that requires as an element of such offense a prior conviction of
the type expunged; and
(5) upon commitment to the custody of the secretary of corrections,
any previously expunged record in the possession of the secretary of
corrections may be reinstated and the expungement disregarded, and the
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record continued for the purpose of the new commitment.
(j) Whenever a person is convicted of a crime, pleads guilty and pays
a fine for a crime, is placed on parole, postrelease supervision or
probation, is assigned to a community correctional services program, is
granted a suspended sentence or is released on conditional release, the
person shall be informed of the ability to expunge the arrest records or
conviction. Whenever a person enters into a diversion agreement, the
person shall be informed of the ability to expunge the diversion.
(k) (1) Subject to the disclosures required pursuant to subsection (i),
in any application for employment, license or other civil right or privilege,
or any appearance as a witness, a person whose arrest records, conviction
or diversion of a crime has been expunged under this statute may state that
such person has never been arrested, convicted or diverted of such crime.
(2) A person whose arrest record, conviction or diversion of a crime
that resulted in such person being prohibited by state or federal law from
possessing a firearm has been expunged under this statute shall be deemed
to have had such person's right to keep and bear arms fully restored. This
restoration of rights shall include, but not be limited to, the right to use,
transport, receive, purchase, transfer and possess firearms. The provisions
of this paragraph shall apply to all orders of expungement, including any
orders issued prior to July 1, 2021.
(l) Whenever the record of any arrest, conviction or diversion has
been expunged under the provisions of this section or under the provisions
of any other existing or former statute, the custodian of the records of
arrest, conviction, diversion and incarceration relating to that crime shall
not disclose the existence of such records, except when requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the
request is accompanied by a statement that the request is being made in
conjunction with an application for employment with such agency or
operator by the person whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;
(4) the secretary for aging and disability services, or a designee of the
secretary, for the purpose of obtaining information relating to employment
in an institution, as defined in K.S.A. 76-12a01, and amendments thereto,
of the Kansas department for aging and disability services of any person
whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of the
expungement order;
(6) a prosecutor, and such request is accompanied by a statement that
the request is being made in conjunction with a prosecution of an offense
that requires a prior conviction as one of the elements of such offense;
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(7) the supreme court, the clerk or disciplinary administrator thereof,
the state board for admission of attorneys or the state board for discipline
of attorneys, and the request is accompanied by a statement that the
request is being made in conjunction with an application for admission, or
for an order of reinstatement, to the practice of law in this state by the
person whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;
(9) the governor or the Kansas racing and gaming commission, or a
designee of the commission, and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications for executive director of the commission, for employment
with the commission, for work in sensitive areas in parimutuel racing as
deemed appropriate by the executive director of the commission or for
licensure, renewal of licensure or continued licensure by the commission;
(10) the Kansas racing and gaming commission, or a designee of the
commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications of the following
under the Kansas expanded lottery act: (A) Lottery gaming facility
managers and prospective managers, racetrack gaming facility managers
and prospective managers, licensees and certificate holders; and (B) their
officers, directors, employees, owners, agents and contractors;
(11) the Kansas sentencing commission;
(12) the state gaming agency, and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications: (A) To be an employee of the state gaming agency; or (B)
to be an employee of a tribal gaming commission or to hold a license
issued pursuant to a tribal-gaming compact;
(13) the Kansas securities commissioner or a designee of the
commissioner, and the request is accompanied by a statement that the
request is being made in conjunction with an application for registration as
a broker-dealer, agent, investment adviser or investment adviser
representative by such agency and the application was submitted by the
person whose record has been expunged;
(14) the Kansas commission on peace officers' standards and training
and the request is accompanied by a statement that the request is being
made to aid in determining certification eligibility as a law enforcement
officer pursuant to K.S.A. 74-5601 et seq., and amendments thereto;
(15) a law enforcement agency and the request is accompanied by a
statement that the request is being made to aid in determining eligibility
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for employment as a law enforcement officer as defined by K.S.A. 22-
2202, and amendments thereto;
(16) (A) the attorney general and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications for a license to act as a bail enforcement agent pursuant to
K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and K.S.A.
2024 Supp. 50-6,141, and amendments thereto; or
(B) the attorney general for any other purpose authorized by law,
except that an expungement record shall not be the basis for denial of a
license to carry a concealed handgun under the personal and family
protection act; or
(17) the Kansas bureau of investigation, for the purpose of
completing a person's criminal history record information within the
central repository, in accordance with K.S.A. 22-4701 et seq., and
amendments thereto.
(m) (1) The provisions of subsection (l)(17) shall apply to records
created prior to, on and after July 1, 2011.
(2) Upon the issuance of an order of expungement that resulted in the
restoration of a person's right to keep and bear arms, the Kansas bureau of
investigation shall report to the federal bureau of investigation that such
expunged record be withdrawn from the national instant criminal
background check system. The Kansas bureau of investigation shall
include such order of expungement in the person's criminal history record
for purposes of documenting the restoration of such person's right to keep
and bear arms.
Sec. 9. K.S.A. 21-6618 is hereby amended to read as follows: 21-
6618. Upon conviction of a defendant of capital aggravated murder and a
finding that the defendant was less than 18 years of age at the time of the
commission thereof, the court shall sentence the defendant as otherwise
provided by law, and no sentence of death or life without the possibility of
parole shall be imposed hereunder.
Sec. 10. K.S.A. 21-6620 is hereby amended to read as follows: 21-
6620. (a) (1) Except as provided in subsection (a)(2) and K.S.A. 21-6618
and 21-6622, and amendments thereto, if a defendant is convicted of the
crime of capital murder and a sentence of death is not imposed pursuant to
K.S.A. 21-6617(e), and amendments thereto, or requested pursuant to
K.S.A. 21-6617(a) or (b), and amendments thereto aggravated murder, the
defendant shall be sentenced to life without the possibility of parole
pursuant to section 3, and amendments thereto.
(2) (A) Except as provided in subsection (a)(2)(B), a defendant
convicted of attempt to commit the crime of capital aggravated murder
shall be sentenced to imprisonment for life and shall not be eligible for
probation or suspension, modification or reduction of sentence. In
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addition, the defendant shall not be eligible for parole prior to serving 25
years' imprisonment, and such 25 years' imprisonment shall not be reduced
by the application of good time credits. No other sentence shall be
permitted.
(B) The provisions of subsection (a)(2)(A) requiring the court to
impose a mandatory minimum term of imprisonment of 25 years shall not
apply if the court finds the defendant, because of the defendant's criminal
history classification, would be subject to presumptive imprisonment
pursuant to the sentencing guidelines grid for nondrug crimes and the
sentencing range would exceed 300 months if the sentence established for
a severity level 1 crime was imposed. In such case, the defendant is
required to serve a mandatory minimum term equal to the sentence
established for a severity level 1 crime pursuant to the sentencing range.
The defendant shall not be eligible for parole prior to serving such
mandatory minimum term of imprisonment, and such mandatory minimum
term of imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(b) The provisions of this subsection shall apply only to the crime of
murder in the first degree as described in K.S.A. 21-5402(a)(2), and
amendments thereto, committed on or after July 1, 2014.
(1) Except as provided in subsection (b)(2), a defendant convicted of
murder in the first degree as described in K.S.A. 21-5402(a)(2), and
amendments thereto, shall be sentenced to imprisonment for life and shall
not be eligible for probation or suspension, modification or reduction of
sentence. In addition, the defendant shall not be eligible for parole prior to
serving 25 years' imprisonment, and such 25 years' imprisonment shall not
be reduced by the application of good time credits. No other sentence shall
be permitted.
(2) The provisions of subsection (b)(1) requiring the court to impose
a mandatory minimum term of imprisonment of 25 years shall not apply if
the court finds the defendant, because of the defendant's criminal history
classification, would be subject to presumptive imprisonment pursuant to
the sentencing guidelines grid for nondrug crimes and the sentencing range
would exceed 300 months if the sentence established for a severity level 1
crime was imposed. In such case, the defendant is required to serve a
mandatory minimum term equal to the sentence established for a severity
level 1 crime pursuant to the sentencing range. The defendant shall not be
eligible for parole prior to serving such mandatory minimum term of
imprisonment, and such mandatory minimum term of imprisonment shall
not be reduced by the application of good time credits. No other sentence
shall be permitted.
(c) The provisions of this subsection shall apply only to the crime of
murder in the first degree based upon the finding of premeditated murder
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committed on or after July 1, 2014.
(1) (A) Except as provided in subsection (c)(1)(B), a defendant
convicted of murder in the first degree based upon the finding of
premeditated murder shall be sentenced pursuant to K.S.A. 21-6623, and
amendments thereto, unless the sentencing judge finds substantial and
compelling reasons, following a review of mitigating circumstances, to
impose the sentence specified in subsection (c)(2).
(B) The provisions of subsection (c)(1)(A) requiring the court to
impose the mandatory minimum term of imprisonment required by K.S.A.
21-6623, and amendments thereto, shall not apply if the court finds the
defendant, because of the defendant's criminal history classification, would
be subject to presumptive imprisonment pursuant to the sentencing
guidelines grid for nondrug crimes and the sentencing range would exceed
600 months if the sentence established for a severity level 1 crime was
imposed. In such case, the defendant is required to serve a mandatory
minimum term equal to the sentence established for a severity level 1
crime pursuant to the sentencing range. The defendant shall not be eligible
for parole prior to serving such mandatory minimum term of
imprisonment, and such mandatory minimum term of imprisonment shall
not be reduced by the application of good time credits. No other sentence
shall be permitted.
(2) (A) If the sentencing judge does not impose the mandatory
minimum term of imprisonment required by K.S.A. 21-6623, and
amendments thereto, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons therefor, and, except as
provided in subsection (c)(2)(B), the defendant shall be sentenced to
imprisonment for life and shall not be eligible for probation or suspension,
modification or reduction of sentence. In addition, the defendant shall not
be eligible for parole prior to serving 25 years' imprisonment, and such 25
years' imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(B) The provisions of subsection (c)(2)(A) requiring the court to
impose a mandatory minimum term of imprisonment of 25 years shall not
apply if the court finds the defendant, because of the defendant's criminal
history classification, would be subject to presumptive imprisonment
pursuant to the sentencing guidelines grid for nondrug crimes and the
sentencing range would exceed 300 months if the sentence established for
a severity level 1 crime was imposed. In such case, the defendant is
required to serve a mandatory minimum term equal to the sentence
established for a severity level 1 crime pursuant to the sentencing range.
The defendant shall not be eligible for parole prior to serving such
mandatory minimum term of imprisonment, and such mandatory minimum
term of imprisonment shall not be reduced by the application of good time
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credits. No other sentence shall be permitted.
(d) The provisions of this subsection shall apply only to the crime of
murder in the first degree based upon the finding of premeditated murder
committed on or after September 6, 2013, but prior to July 1, 2014.
(1) If a defendant is convicted of murder in the first degree based
upon the finding of premeditated murder, upon reasonable notice by the
prosecuting attorney, the court shall determine, in accordance with this
subsection, whether the defendant shall be required to serve a mandatory
minimum term of imprisonment of 50 years or sentenced as otherwise
provided by law.
(2) The court shall conduct a separate proceeding following the
determination of the defendant's guilt for the jury to determine whether
one or more aggravating circumstances exist. Such proceeding shall be
conducted by the court before a jury as soon as practicable. If any person
who served on the trial jury is unable to serve on the jury for the
proceeding, the court shall substitute an alternate juror who has been
impaneled for the trial jury. If there are insufficient alternate jurors to
replace trial jurors who are unable to serve at the proceeding, the court
may conduct such proceeding before a jury which that may have 12 or less
fewer jurors, but at no time less fewer than six jurors. If the jury has been
discharged prior to the proceeding, a new jury shall be impaneled. Any
decision of the jury regarding the existence of an aggravating circumstance
shall be beyond a reasonable doubt. Jury selection procedures,
qualifications of jurors and grounds for exemption or challenge of
prospective jurors in criminal trials shall be applicable to the selection of
such jury. The jury at the proceeding may be waived in the manner
provided by K.S.A. 22-3403, and amendments thereto, for waiver of a trial
jury. If the jury at the proceeding has been waived, such proceeding shall
be conducted by the court.
(3) In the proceeding, evidence may be presented concerning any
matter relating to any of the aggravating circumstances enumerated in
K.S.A. 21-6624, and amendments thereto. Only such evidence of
aggravating circumstances as the prosecuting attorney has made known to
the defendant prior to the proceeding shall be admissible and no evidence
secured in violation of the constitution of the United States or of the state
of Kansas shall be admissible. No testimony by the defendant at the time
of the proceeding shall be admissible against the defendant at any
subsequent criminal proceeding. At the conclusion of the evidentiary
presentation, the court shall allow the parties a reasonable period of time in
which to present oral argument.
(4) At the conclusion of the evidentiary portion of the proceeding, the
court shall provide oral and written instructions to the jury to guide its
deliberations. If the prosecuting attorney relies on K.S.A. 21-6624(a), and
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amendments thereto, as an aggravating circumstance, and the court finds
that one or more of the defendant's prior convictions satisfy such
subsection, the jury shall be instructed that a certified journal entry of a
prior conviction is presumed to prove the existence of such prior
conviction or convictions beyond a reasonable doubt.
(5) If, by unanimous vote, the jury finds beyond a reasonable doubt
that one or more of the aggravating circumstances enumerated in K.S.A.
21-6624, and amendments thereto, exist, the jury shall designate, in
writing, signed by the foreman of the jury, the statutory aggravating
circumstances which that it found. If, after a reasonable time for
deliberation, the jury is unable to reach a unanimous sentencing decision,
the court shall dismiss the jury and the defendant shall be sentenced as
provided by law. In nonjury cases, the court shall designate, in writing, the
specific circumstance or circumstances which that the court found beyond
a reasonable doubt.
(6) If one or more of the aggravating circumstances enumerated in
K.S.A. 21-6624, and amendments thereto, are found to exist beyond a
reasonable doubt pursuant to this subsection, the defendant shall be
sentenced pursuant to K.S.A. 21-6623, and amendments thereto, unless the
sentencing judge finds substantial and compelling reasons, following a
review of mitigating circumstances, to impose the sentence specified in
this paragraph. If the sentencing judge does not impose the mandatory
minimum term of imprisonment required by K.S.A. 21-6623, and
amendments thereto, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons therefor, and the
defendant shall be sentenced to imprisonment for life and shall not be
eligible for probation or suspension, modification or reduction of sentence.
In addition, the defendant shall not be eligible for parole prior to serving
25 years' imprisonment, and such 25 years' imprisonment shall not be
reduced by the application of good time credits. No other sentence shall be
permitted.
(e) The provisions of this subsection shall apply only to the crime of
murder in the first degree based upon the finding of premeditated murder
committed prior to September 6, 2013.
(1) If a defendant is convicted of murder in the first degree based
upon the finding of premeditated murder, upon reasonable notice by the
prosecuting attorney, the court shall conduct a separate sentencing
proceeding in accordance with this subsection to determine whether the
defendant shall be required to serve a mandatory minimum term of
imprisonment of 40 years or for crimes committed on and after July 1,
1999, a mandatory minimum term of imprisonment of 50 years or
sentenced as otherwise provided by law.
(2) The sentencing proceeding shall be conducted by the court before
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a jury as soon as practicable. If the trial jury has been discharged prior to
sentencing, a new jury shall be impaneled. Any decision to impose a
mandatory minimum term of imprisonment of 40 or 50 years shall be by a
unanimous jury. Jury selection procedures, qualifications of jurors and
grounds for exemption or challenge of prospective jurors in criminal trials
shall be applicable to the selection of such jury. The jury at the sentencing
proceeding may be waived in the manner provided by K.S.A. 22-3403, and
amendments thereto, for waiver of a trial jury. If the jury at the sentencing
proceeding has been waived, such proceeding shall be conducted by the
court.
(3) In the sentencing proceeding, evidence may be presented
concerning any matter that the court deems relevant to the question of
sentence and shall include matters relating to any of the aggravating
circumstances enumerated in K.S.A. 21-6624, and amendments thereto, or
for crimes committed prior to July 1, 2011, K.S.A. 21-4636, prior to its
repeal, and any mitigating circumstances. Any such evidence which that
the court deems to have probative value may be received regardless of its
admissibility under the rules of evidence, provided that the defendant is
accorded a fair opportunity to rebut any hearsay statements. Only such
evidence of aggravating circumstances as the prosecuting attorney has
made known to the defendant prior to the sentencing proceeding shall be
admissible and no evidence secured in violation of the constitution of the
United States or of the state of Kansas shall be admissible. Only such
evidence of mitigating circumstances subject to discovery pursuant to
K.S.A. 22-3212, and amendments thereto, that the defendant has made
known to the prosecuting attorney prior to the sentencing proceeding shall
be admissible. No testimony by the defendant at the time of sentencing
shall be admissible against the defendant at any subsequent criminal
proceeding. At the conclusion of the evidentiary presentation, the court
shall allow the parties a reasonable period of time in which to present oral
argument.
(4) At the conclusion of the evidentiary portion of the sentencing
proceeding, the court shall provide oral and written instructions to the jury
to guide its deliberations. If the prosecuting attorney relies on K.S.A. 21-
6624(a), and amendments thereto, or for crimes committed prior to July 1,
2011, K.S.A. 21-4636(a), prior to its repeal, as an aggravating
circumstance, and the court finds that one or more of the defendant's prior
convictions satisfy such subsection, the jury shall be instructed that a
certified journal entry of a prior conviction is presumed to prove the
existence of such prior conviction or convictions beyond a reasonable
doubt.
(5) If, by unanimous vote, the jury finds beyond a reasonable doubt
that one or more of the aggravating circumstances enumerated in K.S.A.
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21-6624, and amendments thereto, or for crimes committed prior to July 1,
2011, K.S.A. 21-4636, prior to its repeal, exist and, further, that the
existence of such aggravating circumstances is not outweighed by any
mitigating circumstances which that are found to exist, the defendant shall
be sentenced pursuant to K.S.A. 21-6623, and amendments thereto;
otherwise, the defendant shall be sentenced as provided by law. The
sentencing jury shall designate, in writing, signed by the foreman of the
jury, the statutory aggravating circumstances which that it found. The trier
of fact may make the findings required by this subsection for the purpose
of determining whether to sentence a defendant pursuant to K.S.A. 21-
6623, and amendments thereto, notwithstanding contrary findings made by
the jury or court pursuant to K.S.A. 21-6617(e), and amendments thereto,
for the purpose of determining whether to sentence such defendant to
death. If, after a reasonable time for deliberation, the jury is unable to
reach a unanimous sentencing decision, the court shall dismiss the jury and
the defendant shall be sentenced as provided by law. In nonjury cases, the
court shall designate in writing the specific circumstance or circumstances
which that the court found beyond a reasonable doubt.
(f) The amendments to subsection (e) by chapter 1 of the 2013
Session Laws of Kansas (Special Session):
(1) Establish a procedural rule for sentencing proceedings, and as
such shall be construed and applied retroactively to all crimes committed
prior to the effective date of this act, except as provided further in this
subsection; (2) shall not apply to cases in which the defendant's conviction
and sentence were final prior to June 17, 2013, unless the conviction or
sentence has been vacated in a collateral proceeding, including, but not
limited to, K.S.A. 22-3504 or 60-1507, and amendments thereto; and (3)
shall apply only in sentencing proceedings otherwise authorized by law.
(g) Notwithstanding the provisions of subsection (h), for all cases on
appeal on or after September 6, 2013, if a sentence imposed under this
section, prior to amendment by chapter 1 of the 2013 Session Laws of
Kansas (Special Session), or under K.S.A. 21-4635, prior to its repeal, is
vacated for any reason other than sufficiency of the evidence as to all
aggravating circumstances, resentencing shall be required under this
section, as amended by chapter 1 of the 2013 Session Laws of Kansas
(Special Session), unless the prosecuting attorney chooses not to pursue
such a sentence.
(h) In the event any sentence imposed under this section is held to be
unconstitutional, the court having jurisdiction over a person previously
sentenced shall cause such person to be brought before the court and shall
sentence such person to the maximum term of imprisonment otherwise
provided by law.
(i) If any provision or provisions of this section or the application
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thereof to any person or circumstance is held invalid, the invalidity shall
not affect other provisions or applications of this section which that can be
given effect without the invalid provision or provisions or application, and
to this end the provisions of this section are severable.
Sec. 11. K.S.A. 21-6622 is hereby amended to read as follows: 21-
6622. (a) If, under K.S.A. 21-6617, and amendments thereto, the county or
district attorney has filed a notice of intent to request a separate sentencing
proceeding to determine whether the defendant should be sentenced to
death and the defendant is convicted of the crime of capital murder, the
defendant's counsel or the warden of the correctional institution or sheriff
having custody of the defendant may request a determination by the court
of whether the defendant is a person with intellectual disability. If the court
determines that there is not sufficient reason to believe that the defendant
is a person with intellectual disability, the court shall so find and the
defendant shall be sentenced in accordance with K.S.A. 21-6617, 21-6619,
21-6624, 21-6625, 21-6628 and 21-6629, and amendments thereto. If the
court determines that there is sufficient reason to believe that the defendant
is a person with intellectual disability, the court shall conduct a hearing to
determine whether the defendant is a person with intellectual disability.
(b) If a defendant is convicted of the crime of capital murder and a
sentence of death is not imposed, or if a defendant is convicted of the
crime of aggravated murder or murder in the first degree based upon the
finding of premeditated murder, the defendant's counsel or the warden of
the correctional institution or sheriff having custody of the defendant may
request a determination by the court of whether the defendant is a person
with intellectual disability. If the court determines that there is not
sufficient reason to believe that the defendant is a person with intellectual
disability, the court shall so find and the defendant shall be sentenced in
accordance with K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and
amendments thereto. If the court determines that there is sufficient reason
to believe that the defendant is a person with intellectual disability, the
court shall conduct a hearing to determine whether the defendant is a
person with intellectual disability.
(c)(b) At the hearing, the court shall determine whether the defendant
is a person with intellectual disability. The court shall order a psychiatric
or psychological examination of the defendant. For that purpose, the court
shall appoint two licensed physicians or licensed psychologists, or one of
each, qualified by training and practice to make such examination, to
examine the defendant and report their findings in writing to the judge
within 14 days after the order of examination is issued. The defendant
shall have the right to present evidence and cross-examine any witnesses at
the hearing. No statement made by the defendant in the course of any
examination provided for by this section, whether or not the defendant
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consents to the examination, shall be admitted in evidence against the
defendant in any criminal proceeding.
(d) If, at the conclusion of a hearing pursuant to subsection (a), the
court determines that the defendant is not a person with intellectual
disability, the defendant shall be sentenced in accordance with K.S.A. 21-
6617, 21-6619, 21-6624, 21-6625, 21-6628 and 21-6629, and amendments
thereto.
(e)(c) If, at the conclusion of a hearing pursuant to subsection (b) this
section, the court determines that the defendant is not a person with
intellectual disability, the defendant shall be sentenced in accordance with
K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and amendments thereto.
(f)(d) If, at the conclusion of a hearing pursuant to this section, the
court determines that the defendant is a person with intellectual disability,
the court shall sentence the defendant as otherwise provided by law, and
no sentence of death, life without the possibility of parole, or mandatory
term of imprisonment pursuant to K.S.A. 21-6623, 21-6624 and 21-6625,
and amendments thereto, shall be imposed hereunder.
(g) Unless otherwise ordered by the court for good cause shown, the
provisions of subsection (b) shall not apply if it has been determined,
pursuant to a hearing granted under the provisions of subsection (a), that
the defendant is not a person with intellectual disability.
(h)(e) As used in this section, "intellectual disability" means having
significantly subaverage general intellectual functioning, as defined by
K.S.A. 76-12b01, and amendments thereto, to an extent which that
substantially impairs one's capacity to appreciate the criminality of one's
conduct or to conform one's conduct to the requirements of law.
Sec. 12. K.S.A. 21-6628 is hereby amended to read as follows: 21-
6628. (a) In the event the term of imprisonment for life without the
possibility of parole or any provision of K.S.A. 21-6626 or 21-6627, and
amendments thereto, authorizing such term is held to be unconstitutional
by the supreme court of Kansas or the United States supreme court, the
court having jurisdiction over a person previously sentenced shall cause
such person to be brought before the court and shall modify the sentence to
require no term of imprisonment for life without the possibility of parole
and shall sentence the defendant to the maximum term of imprisonment
otherwise provided by law.
(b) In the event a sentence of death or any provision of chapter 252 of
the 1994 Session Laws of Kansas authorizing such sentence is held to be
unconstitutional by the supreme court of Kansas or the United States
supreme court, the court having jurisdiction over a person previously
sentenced shall cause such person to be brought before the court and shall
modify the sentence and resentence the defendant as otherwise provided
by law.
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(c) In the event the mandatory term of imprisonment or any provision
of chapter 341 of the 1994 Session Laws of Kansas authorizing such
mandatory term is held to be unconstitutional by the supreme court of
Kansas or the United States supreme court, the court having jurisdiction
over a person previously sentenced shall cause such person to be brought
before the court and shall modify the sentence to require no mandatory
term of imprisonment and shall sentence the defendant as otherwise
provided by law.
Sec. 13. K.S.A. 21-6629 is hereby amended to read as follows: 21-
6629. (a) The provisions of K.S.A. 21-4622 through 21-4630, as they
existed immediately prior to July 1, 1994, shall be applicable only to
persons convicted of crimes committed on or after July 1, 1990, and before
July 1, 1994.
(b) The provisions of K.S.A. 21-4622 through 21-4627 and, 21-4629
and 21-4630, as amended on July 1, 1994 and prior to their repeal, and
K.S.A. 21-6617, 21-6618, 21-6619, 21-6622, 21-6624, 21-6625 and
subsection (b) of 21-6628(b), and amendments thereto as they existed
immediately prior to July 1, 2025, shall be applicable only to persons
convicted of crimes committed on or after July 1, 1994, and before July 1,
2025.
(c) K.S.A. 21-4633 through 21-4640, prior to their repeal, and K.S.A.
21-6620 through 21-6625 and subsection (c) of 21-6628(c), and
amendments thereto as they existed immediately prior to July 1, 2025,
shall be applicable only to persons convicted of crimes committed on or
after July 1, 1994, and before July 1, 2025.
(d) The provisions of K.S.A. 21-6618, 21-6620, 21-6622 and 21-6628,
as amended on July 1, 2025, and K.S.A. 21-6621, 21-6623, 21-6624 and
21-6625, and amendments thereto, shall be applicable only to persons
convicted of crimes committed on or after July 1, 2025.
Sec. 14. K.S.A. 21-6806 is hereby amended to read as follows: 21-
6806. (a) Sentences of imprisonment shall represent the time a person shall
actually serve, subject to a reduction of the primary sentence for good time
as authorized by K.S.A. 21-6821, and amendments thereto.
(b) The sentencing court shall pronounce sentence in all felony cases.
(c) Violations of K.S.A. 21-5401, 21-5402, 21-5421, 21-5422 and 21-
5901, and amendments thereto, are off-grid crimes for the purpose of
sentencing. Except as otherwise provided by K.S.A. 21-6617, 21-6618, 21-
6619, 21-6622, 21-6624, 21-6625, 21-6628 and 21-6629, and amendments
thereto, the sentence shall be imprisonment for life and shall not be subject
to statutory provisions for suspended sentence, community service or
probation.
(d) As identified in K.S.A. 21-5426, 21-5503, 21-5504, 21-5506, 21-
5510, 21-5514 and 21-6422, and amendments thereto, if the offender is 18
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years of age or older and the victim is under 14 years of age, such
violations are off-grid crimes for the purposes of sentencing. Except as
provided in K.S.A. 21-6626, and amendments thereto, the sentence shall
be imprisonment for life pursuant to K.S.A. 21-6627, and amendments
thereto.
(e) A violation of section 2, and amendments thereto, is an off-grid
crime for the purposes of sentencing. Except as provided in K.S.A. 21-
6618 and 21-6622, and amendments thereto, the sentence shall be
imprisonment for life without the possibility of parole pursuant to section
3, and amendments thereto.
Sec. 15. K.S.A. 22-2512 is hereby amended to read as follows: 22-
2512. (a) Property seized under a search warrant or validly seized without
a warrant shall be safely kept by the agency seizing the property unless
otherwise directed by the magistrate, and shall be so kept as long as
necessary for the purpose of being produced as evidence on any trial. If no
criminal charges are filed or prosecution is declined, the property shall be
returned to its rightful owner or disposed of in accordance with this
section. The property seized may not be taken from the agency having it in
custody so long as it is or may be required as evidence in any trial. The
officer seizing the property shall give a receipt to the person detained or
arrested particularly describing each article of property being held. When
property is seized under a search warrant, the officer seizing the property
shall file a copy of such receipt with the magistrate who issued the search
warrant. Such copy may be filed electronically in a manner and form
prescribed by the court. When seized property is no longer required as
evidence in the prosecution of any indictment or information, the court
that has jurisdiction of such property may transfer the property to the
jurisdiction of any other court, including courts of another state or federal
courts, if it is shown to the satisfaction of the court that such property is
required as evidence in any prosecution in such other court.
(b) (1) Notwithstanding the provisions of subsection (a) and with the
approval of the affected court, any law enforcement officer who seizes
dangerous drugs or hazardous materials as evidence related to a criminal
investigation may collect representative samples of such dangerous drugs
or hazardous materials and lawfully destroy or dispose of, or direct another
person to lawfully destroy or dispose of, the remaining quantity of such
dangerous drugs or hazardous materials.
(2) In any prosecution, representative samples of dangerous drugs or
hazardous materials accompanied by photographs, videotapes, laboratory
analysis reports or other means used to verify and document the identity
and quantity of the drugs or materials shall be deemed competent evidence
of such drugs or materials and shall be admissible in any proceeding,
hearing or trial as if such drugs or materials had been introduced as
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evidence.
(3) As used in this section:
(A) "Dangerous drugs" means any drug, substance or immediate
precursor included in any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109 and 65-4111, and amendments thereto;
(B) "hazardous materials" means any substance that is capable of
posing an unreasonable risk to health, safety and property. It shall include
any substance that by its nature is explosive, flammable, corrosive,
poisonous, radioactive, a biological hazard or a material that may cause
spontaneous combustion. It shall include, but not be limited to, substances
listed in the table of hazardous materials contained in the code of federal
regulations title 49 and national fire protection association's fire protection
guide on hazardous materials; and
(C) "representative sample" means an amount large enough to contain
a testable amount of a substance without destroying the sample
completely.
(4) The provisions of this subsection shall not apply to ammunition
and components thereof.
(c) When seized property is no longer required as evidence, it shall be
disposed of as follows:
(1) Property stolen, embezzled, obtained by false pretenses, or
otherwise obtained unlawfully from the rightful owner thereof shall be
restored to the owner;
(2) money shall be restored to the owner unless it was contained in a
slot machine or otherwise used in unlawful gambling or lotteries, in which
case it shall be forfeited and shall be paid to the state treasurer pursuant to
K.S.A. 20-2801, and amendments thereto;
(3) property that is unclaimed or the ownership of which is unknown
shall be sold at public auction to be held by the sheriff, or the sheriff's
designee, and the proceeds, less the cost of sale and any storage charges
incurred in preserving it, shall be paid to the state treasurer pursuant to
K.S.A. 20-2801, and amendments thereto;
(4) articles of contraband shall be destroyed, except that any such
articles the disposition of which is otherwise provided by law shall be
dealt with as so provided and any such articles the disposition of which is
not otherwise provided by law and which may be capable of innocent use
may in the discretion of the court be sold and the proceeds disposed of as
provided in subsection (c)(3);
(5) explosives, bombs and like devices that have been used in the
commission of crime may be returned to the rightful owner or, in the
discretion of the court having jurisdiction of the property, destroyed or
forfeited to the Kansas bureau of investigation;
(6) (A) except as provided in subsections (c)(6)(B) and (d), any
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weapon or ammunition, in the discretion of the court having jurisdiction of
the property, shall be:
(i) Forfeited to the law enforcement agency seizing the weapon for
use within such agency, for sale to a properly licensed federal firearms
dealer, for trading to a properly licensed federal firearms dealer for other
new or used firearms or accessories for use within such agency or for
trading to another law enforcement agency for that agency's use;
(ii) forfeited to the Kansas bureau of investigation for law
enforcement, testing or comparison by the Kansas bureau of investigation
forensic laboratory;
(iii) forfeited to a county regional forensic science center or other
county forensic laboratory for testing, comparison or other forensic
science purposes; or
(iv) forfeited to the Kansas department of wildlife and parks for use
pursuant to the conditions set forth in K.S.A. 32-1047, and amendments
thereto.
(B) Except as provided in subsection (d), any weapon that cannot be
forfeited pursuant to subsection (c)(6)(A) due to the condition of the
weapon, and any weapon that was used in the commission of a felony as
described in K.S.A. 21-5401, prior to its repeal, or K.S.A. 21-5402, 21-
5403, 21-5404 or 21-5405, and amendments thereto, or section 2, and
amendments thereto, shall be destroyed.;
(7) controlled substances forfeited for violations of K.S.A. 21-5701
through 21-5717, and amendments thereto, shall be dealt with as provided
under K.S.A. 60-4101 through 60-4126, and amendments thereto;
(8) unless otherwise provided by law, all other property shall be
disposed of in such manner as the court in its sound discretion shall direct.
(d) (1) If a weapon is seized from an individual and the individual is
not convicted of the violation for which the weapon was seized, then
within 30 days after the declination or conclusion of prosecution of the
case against the individual, including any period of appeal, the law
enforcement agency that seized the weapon shall verify whether the
weapon is stolen. If the weapon is stolen or was seized from an individual
whom the agency knows is not the owner of the weapon, the law
enforcement agency shall notify the owner of the weapon that such
weapon may be retrieved. If the weapon was seized from a juvenile, the
agency shall notify the parent or legal guardian of the juvenile that such
weapon may be retrieved by the parent or legal guardian. If the agency
determines there is no other more appropriate person described in this
paragraph to retrieve the weapon, the agency shall notify the person from
whom the weapon was seized that such weapon may be retrieved. Such
notification shall include the location where such weapon may be
retrieved.
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(2) If the law enforcement agency determines that the individual
authorized to retrieve a weapon pursuant to paragraph (1) is prohibited by
state or federal law from possessing the seized weapon, the agency shall
notify the individual that the weapon will not be returned due to the
disqualifying law, which shall be described in the notice. The law
enforcement agency shall not dispose of such weapon for 60 days after the
notice was given to provide a period for the individual to bring an action in
an appropriate court challenging the agency's determination. The law
enforcement agency may dispose of the weapon as provided by law 60
days after the notice described in paragraph (1) is given unless otherwise
directed by the court. An owner of a weapon who is prohibited by law
from possessing the weapon may either: (A) Request the law enforcement
agency to transfer the weapon to a properly licensed federal firearms
dealer designated by the owner; or (B) bring an action in an appropriate
court to request a court order to transfer the weapon as allowed by law.
(e) If weapons are sold as authorized by subsection (c)(6)(A), the
proceeds of the sale shall be credited to the asset seizure and forfeiture
fund of the seizing agency.
(f) For purposes of this section, the term "weapon" means a weapon
described in K.S.A. 21-6301, and amendments thereto.
Sec. 16. K.S.A. 2024 Supp. 22-3717 is hereby amended to read as
follows: 22-3717. (a) Except as otherwise provided by this section; K.S.A.
1993 Supp. 21-4628, prior to its repeal; K.S.A. 21-4624, 21-4635 through
21-4638 and 21-4642, prior to their repeal; K.S.A. 21-6617, prior to its
repeal; K.S.A. 21-6620, 21-6623, 21-6624, 21-6625 and 21-6626, and
amendments thereto; and K.S.A. 8-1567, and amendments thereto; and
section 3, and amendments thereto; an inmate, including an inmate
sentenced pursuant to K.S.A. 21-4618, prior to its repeal, or K.S.A. 21-
6707, and amendments thereto, shall be eligible for parole after serving the
entire minimum sentence imposed by the court, less good time credits.
(b) (1) An inmate sentenced to imprisonment for life without the
possibility of parole pursuant to K.S.A. 21-6617, and amendments thereto,
shall not be eligible for parole.
(2) Except as provided by K.S.A. 21-4635 through 21-4638, prior to
their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and
amendments thereto, an inmate sentenced to imprisonment for the crime
of: (A) Capital murder committed on or after July 1, 1994, shall be eligible
for parole after serving 25 years of confinement, without deduction of any
good time credits; (B) murder in the first degree based upon a finding of
premeditated murder committed on or after July 1, 1994, but prior to July
1, 2014, shall be eligible for parole after serving 25 years of confinement,
without deduction of any good time credits; and (C) murder in the first
degree as described in K.S.A. 21-5402(a)(2), and amendments thereto,
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committed on or after July 1, 2014, shall be eligible for parole after
serving 25 years of confinement, without deduction of any good time
credits.
(3) Except as provided by subsections (b)(1), (b)(2) and (b)(5),
K.S.A. 1993 Supp. 21-4628, prior to its repeal, K.S.A. 21-4635 through
21-4638, prior to their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and
21-6625, and amendments thereto, an inmate sentenced to imprisonment
for an off-grid offense committed on or after July 1, 1993, but prior to July
1, 1999, shall be eligible for parole after serving 15 years of confinement,
without deduction of any good time credits and an inmate sentenced to
imprisonment for an off-grid offense committed on or after July 1, 1999,
shall be eligible for parole after serving 20 years of confinement without
deduction of any good time credits.
(4) Except as provided by K.S.A. 1993 Supp. 21-4628, prior to its
repeal, an inmate sentenced for a class A felony committed before July 1,
1993, including an inmate sentenced pursuant to K.S.A. 21-4618, prior to
its repeal, or K.S.A. 21-6707, and amendments thereto, shall be eligible for
parole after serving 15 years of confinement, without deduction of any
good time credits.
(5) An inmate sentenced to imprisonment for a violation of K.S.A.
21-3402(a), prior to its repeal, committed on or after July 1, 1996, but
prior to July 1, 1999, shall be eligible for parole after serving 10 years of
confinement without deduction of any good time credits.
(6) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto,
committed on or after July 1, 2006, shall be eligible for parole after
serving the mandatory term of imprisonment without deduction of any
good time credits.
(7) An inmate sentenced to imprisonment for life without the
possibility of parole pursuant to section 3, and amendments thereto, shall
not be eligible for parole.
(c) (1) Except as provided in subsection (e), if an inmate is sentenced
to imprisonment for more than one crime and the sentences run
consecutively, the inmate shall be eligible for parole after serving the total
of:
(A) The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608, prior to its repeal, or K.S.A. 21-6606, and amendments
thereto, less good time credits for those crimes which that are not class A
felonies; and
(B) an additional 15 years, without deduction of good time credits,
for each crime which that is a class A felony.
(2) If an inmate is sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
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crimes committed on or after July 1, 2006, the inmate shall be eligible for
parole after serving the mandatory term of imprisonment.
(d) (1) Persons sentenced for crimes, other than off-grid crimes,
committed on or after July 1, 1993, or persons subject to subparagraph
(G), will not be eligible for parole, but will be released to a mandatory
period of postrelease supervision upon completion of the prison portion of
their sentence as follows:
(A) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 1 through 4 crimes, drug severity
levels 1 and 2 crimes committed on or after July 1, 1993, but prior to July
1, 2012, and drug severity levels 1, 2 and 3 crimes committed on or after
July 1, 2012, must serve 36 months on postrelease supervision.
(B) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 5 and 6 crimes, drug severity level 3
crimes committed on or after July 1, 1993, but prior to July 1, 2012, and
drug severity level 4 crimes committed on or after July 1, 2012, must serve
24 months on postrelease supervision.
(C) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 7 through 10 crimes, drug severity
level 4 crimes committed on or after July 1, 1993, but prior to July 1,
2012, and drug severity level 5 crimes committed on or after July 1, 2012,
must serve 12 months on postrelease supervision.
(D) Persons sentenced to a term of imprisonment that includes a
sentence for a sexually violent crime as defined in K.S.A. 22-3717, and
amendments thereto, committed on or after July 1, 1993, but prior to July
1, 2006, a sexually motivated crime in for which the offender has been
ordered to register pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and
amendments thereto, electronic solicitation, K.S.A. 21-3523, prior to its
repeal, or K.S.A. 21-5509, and amendments thereto, or unlawful sexual
relations, K.S.A. 21-3520, prior to its repeal, or K.S.A. 21-5512, and
amendments thereto, shall serve the period of postrelease supervision as
provided in subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C), plus the amount
of good time and program credit earned and retained pursuant to K.S.A.
21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments thereto,
on postrelease supervision.
(i) If the sentencing judge finds substantial and compelling reasons to
impose a departure based upon a finding that the current crime of
conviction was sexually motivated, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.
(ii) If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure.
Departures in this section are subject to appeal pursuant to K.S.A. 21-
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4721, prior to its repeal, or K.S.A. 21-6820, and amendments thereto.
(iii) In determining whether substantial and compelling reasons exist,
the court shall consider:
(a) Written briefs or oral arguments submitted by either the defendant
or the state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and any
psychological evaluation as ordered by the court pursuant to K.S.A. 21-
4714(e), prior to its repeal, or K.S.A. 21-6813(e), and amendments thereto;
and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation
be prepared and the recommended programming be completed by the
offender. The department of corrections or the prisoner review board shall
ensure that court ordered sex offender treatment be carried out.
(v) In carrying out the provisions of subsection (d)(1)(D), the court
shall refer to K.S.A. 21-4718, prior to its repeal, or K.S.A. 21-6817, and
amendments thereto.
(vi) Upon petition and payment of any restitution ordered pursuant to
K.S.A. 21-6604, and amendments thereto, the prisoner review board may
provide for early discharge from the postrelease supervision period
imposed pursuant to subsection (d)(1)(D)(i) upon completion of court
ordered programs and completion of the presumptive postrelease
supervision period, as determined by the crime of conviction, pursuant to
subsection (d)(1)(A), (d)(1)(B) or (d)(1)(C). Early discharge from
postrelease supervision is at the discretion of the board.
(vii) Persons convicted of crimes deemed sexually violent or sexually
motivated shall be registered according to the offender registration act,
K.S.A. 22-4901 through 22-4910, and amendments thereto.
(viii) Persons convicted of K.S.A. 21-3510 or 21-3511, prior to their
repeal, or K.S.A. 21-5508, and amendments thereto, shall be required to
participate in a treatment program for sex offenders during the postrelease
supervision period.
(E) The period of postrelease supervision provided in subparagraphs
(A) and (B) may be reduced by up to 12 months and the period of
postrelease supervision provided in subparagraph (C) may be reduced by
up to six months based on the offender's compliance with conditions of
supervision and overall performance while on postrelease supervision. The
reduction in the supervision period shall be on an earned basis pursuant to
rules and regulations adopted by the secretary of corrections.
(F) In cases where sentences for crimes from more than one severity
level have been imposed, the offender shall serve the longest period of
postrelease supervision as provided by this section available for any crime
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upon which sentence was imposed irrespective of the severity level of the
crime. Supervision periods will not aggregate.
(G) (i) Except as provided in subsection(v), persons sentenced to
imprisonment for a sexually violent crime committed on or after July 1,
2006, when the offender was 18 years of age or older, and who are
released from prison, shall be released to a mandatory period of
postrelease supervision for the duration of the person's natural life.
(ii) Persons sentenced to imprisonment for a sexually violent crime
committed on or after the effective date of this act, when the offender was
under 18 years of age, and who are released from prison, shall be released
to a mandatory period of postrelease supervision for 60 months, plus the
amount of good time and program credit earned and retained pursuant to
K.S.A. 21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments
thereto.
(2) Persons serving a period of postrelease supervision pursuant to
subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C) may petition the prisoner
review board for early discharge. Upon payment of restitution, the prisoner
review board may provide for early discharge.
(3) Persons serving a period of incarceration for a supervision
violation shall not have the period of postrelease supervision modified
until such person is released and returned to postrelease supervision.
(4) Offenders whose crime of conviction was committed on or after
July 1, 2013, and whose probation, assignment to a community
correctional services program, suspension of sentence or nonprison
sanction is revoked pursuant to K.S.A. 22-3716(c), and amendments
thereto, or whose underlying prison term expires while serving a sanction
pursuant to K.S.A. 22-3716(c), and amendments thereto, shall serve a
period of postrelease supervision upon the completion of the underlying
prison term.
(5) As used in this subsection, "sexually violent crime" means:
(A) Rape, K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, prior to its repeal,
or K.S.A. 21-5506(a), and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, prior
to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
(D) criminal sodomy, K.S.A. 21-3505(a)(2) and (a)(3), prior to its
repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, prior to its repeal,
or K.S.A. 21-5504(b), and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, prior to its repeal,
or K.S.A. 21-5508(a), and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, prior
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to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, prior to its repeal,
or K.S.A. 21-5510, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, prior to its repeal, or
K.S.A. 21-5505(b), and amendments thereto;
(J) aggravated incest, K.S.A. 21-3603, prior to its repeal, or K.S.A.
21-5604(b), and amendments thereto;
(K) aggravated human trafficking, as defined in K.S.A. 21-3447,
prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
committed in whole or in part for the purpose of the sexual gratification of
the defendant or another;
(L) internet trading in child pornography, as defined in K.S.A. 21-
5514(a), and amendments thereto;
(M) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514(b), and amendments thereto;
(N) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto; or
(O) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302 or 21-5303, and amendments thereto, of a sexually violent
crime as defined in this section.
(6) As used in this subsection, "sexually motivated" means that one of
the purposes for which the defendant committed the crime was for the
purpose of the defendant's sexual gratification.
(e) If an inmate is sentenced to imprisonment for a crime committed
while on parole or conditional release, the inmate shall be eligible for
parole as provided by subsection (c), except that the prisoner review board
may postpone the inmate's parole eligibility date by assessing a penalty not
exceeding the period of time which that could have been assessed if the
inmate's parole or conditional release had been violated for reasons other
than conviction of a crime.
(f) If a person is sentenced to prison for a crime committed on or after
July 1, 1993, while on probation, parole, conditional release or in a
community corrections program, for a crime committed prior to July 1,
1993, and the person is not eligible for retroactive application of the
sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724, prior to its repeal, the new sentence shall not be aggregated with the
old sentence, but shall begin when the person is paroled or reaches the
conditional release date on the old sentence. If the offender was past the
offender's conditional release date at the time the new offense was
committed, the new sentence shall not be aggregated with the old sentence
but shall begin when the person is ordered released by the prisoner review
board or reaches the maximum sentence expiration date on the old
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sentence, whichever is earlier. The new sentence shall then be served as
otherwise provided by law. The period of postrelease supervision shall be
based on the new sentence, except that those offenders whose old sentence
is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp.
21-4628, prior to its repeal, or an indeterminate sentence with a maximum
term of life imprisonment, for which there is no conditional release or
maximum sentence expiration date, shall remain on postrelease
supervision for life or until discharged from supervision by the prisoner
review board.
(g) Subject to the provisions of this section, the prisoner review board
may release on parole those persons confined in institutions who are
eligible for parole when: (1) The board believes that the inmate should be
released for hospitalization, deportation or to answer the warrant or other
process of a court and is of the opinion that there is reasonable probability
that the inmate can be released without detriment to the community or to
the inmate; or (2) the secretary of corrections has reported to the board in
writing that the inmate has satisfactorily completed the programs required
by any agreement entered under K.S.A. 75-5210a, and amendments
thereto, or any revision of such agreement, and the board believes that the
inmate is able and willing to fulfill the obligations of a law abiding citizen
and is of the opinion that there is reasonable probability that the inmate
can be released without detriment to the community or to the inmate.
Parole shall not be granted as an award of clemency and shall not be
considered a reduction of sentence or a pardon.
(h) The prisoner review board shall hold a parole hearing at least the
month prior to the month an inmate will be eligible for parole under
subsections (a), (b) and (c). At least one month preceding the parole
hearing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public
comment sessions for the inmate to any victim of the inmate's crime who
is alive and whose address is known to the county or district attorney or, if
the victim is deceased, to the victim's family if the family's address is
known to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to postpone a
parole hearing. In the case of any inmate convicted of an off-grid felony or
a class A felony, the secretary of corrections shall give written notice of the
time and place of the public comment session for such inmate at least one
month preceding the public comment session to any victim of such
inmate's crime or the victim's family pursuant to K.S.A. 74-7338, and
amendments thereto. If notification is not given to such victim or such
victim's family in the case of any inmate convicted of an off-grid felony or
a class A felony, the board shall postpone a decision on parole of the
inmate to a time at least 30 days after notification is given as provided in
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this section. Nothing in this section shall create a cause of action against
the state or an employee of the state acting within the scope of the
employee's employment as a result of the failure to notify pursuant to this
section. If granted parole, the inmate may be released on parole on the date
specified by the board, but not earlier than the date the inmate is eligible
for parole under subsections (a), (b) and (c). At each parole hearing and, if
parole is not granted, at such intervals thereafter as it determines
appropriate, the board shall consider: (1) Whether the inmate has
satisfactorily completed the programs required by any agreement entered
under K.S.A. 75-5210a, and amendments thereto, or any revision of such
agreement; and (2) all pertinent information regarding such inmate,
including, but not limited to, the circumstances of the offense of the
inmate; the presentence report; the previous social history and criminal
record of the inmate; the conduct, employment, and attitude of the inmate
in prison; the reports of such physical and mental examinations as have
been made, including, but not limited to, risk factors revealed by any risk
assessment of the inmate; comments of the victim and the victim's family
including in person comments, contemporaneous comments and
prerecorded comments made by any technological means; comments of
the public; official comments; any recommendation by the staff of the
facility where the inmate is incarcerated; proportionality of the time the
inmate has served to the sentence a person would receive under the Kansas
sentencing guidelines for the conduct that resulted in the inmate's
incarceration; and capacity of state correctional institutions.
(i) In those cases involving inmates sentenced for a crime committed
after July 1, 1993, the prisoner review board will review the inmate's
proposed release plan. The board may schedule a hearing if they desire.
The board may impose any condition they deem necessary to insure public
safety, aid in the reintegration of the inmate into the community, or items
not completed under the agreement entered into under K.S.A. 75-5210a,
and amendments thereto. The board may not advance or delay an inmate's
release date. Every inmate while on postrelease supervision shall remain in
the legal custody of the secretary of corrections and is subject to the orders
of the secretary.
(j) (1) Before ordering the parole of any inmate, the prisoner review
board shall have the inmate appear either in person or via a video
conferencing format and shall interview the inmate unless impractical
because of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary.
Whenever the board formally considers placing an inmate on parole and
no agreement has been entered into with the inmate under K.S.A. 75-
5210a, and amendments thereto, the board shall notify the inmate in
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writing of the reasons for not granting parole. If an agreement has been
entered under K.S.A. 75-5210a, and amendments thereto, and the inmate
has not satisfactorily completed the programs specified in the agreement,
or any revision of such agreement, the board shall notify the inmate in
writing of the specific programs the inmate must satisfactorily complete
before parole will be granted. If parole is not granted only because of a
failure to satisfactorily complete such programs, the board shall grant
parole upon the secretary's certification that the inmate has successfully
completed such programs. If an agreement has been entered under K.S.A.
75-5210a, and amendments thereto, and the secretary of corrections has
reported to the board in writing that the inmate has satisfactorily
completed the programs required by such agreement, or any revision
thereof, the board shall not require further program participation.
However, if the board determines that other pertinent information
regarding the inmate warrants the inmate's not being released on parole,
the board shall state in writing the reasons for not granting the parole. If
parole is denied for an inmate sentenced for a crime other than a class A or
class B felony or an off-grid felony, the board shall hold another parole
hearing for the inmate not later than one year after the denial unless the
board finds that it is not reasonable to expect that parole would be granted
at a hearing if held in the next three years or during the interim period of a
deferral. In such case, the board may defer subsequent parole hearings for
up to three years but any such deferral by the board shall require the board
to state the basis for its findings. If parole is denied for an inmate
sentenced for a class A or class B felony or an off-grid felony, the board
shall hold another parole hearing for the inmate not later than three years
after the denial unless the board finds that it is not reasonable to expect
that parole would be granted at a hearing if held in the next 10 years or
during the interim period of a deferral. In such case, the board may defer
subsequent parole hearings for up to 10 years, but any such deferral shall
require the board to state the basis for its findings.
(2) Inmates sentenced for a class A or class B felony who have not
had a board hearing in the five years prior to July 1, 2010, shall have such
inmates' cases reviewed by the board on or before July 1, 2012. Such
review shall begin with the inmates with the oldest deferral date and
progress to the most recent. Such review shall be done utilizing existing
resources unless the board determines that such resources are insufficient.
If the board determines that such resources are insufficient, then the
provisions of this paragraph are subject to appropriations therefor.
(k) (1) Parolees and persons on postrelease supervision shall be
assigned, upon release, to the appropriate level of supervision pursuant to
the criteria established by the secretary of corrections.
(2) Parolees and persons on postrelease supervision are, and shall
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agree in writing to be, subject to searches of the person and the person's
effects, vehicle, residence and property by a parole officer or a department
of corrections enforcement, apprehension and investigation officer, at any
time of the day or night, with or without a search warrant and with or
without cause. Nothing in this subsection shall be construed to authorize
such officers to conduct arbitrary or capricious searches or searches for the
sole purpose of harassment.
(3) Parolees and persons on postrelease supervision are, and shall
agree in writing to be, subject to searches of the person and the person's
effects, vehicle, residence and property by any law enforcement officer
based on reasonable suspicion of the person violating conditions of parole
or postrelease supervision or reasonable suspicion of criminal activity. Any
law enforcement officer who conducts such a search shall submit a written
report to the appropriate parole officer no later than the close of the next
business day after such search. The written report shall include the facts
leading to such search, the scope of such search and any findings resulting
from such search.
(l) The prisoner review board shall promulgate rules and regulations
in accordance with K.S.A. 77-415 et seq., and amendments thereto, not
inconsistent with the law and as it may deem proper or necessary, with
respect to the conduct of parole hearings, postrelease supervision reviews,
revocation hearings, orders of restitution, reimbursement of expenditures
by the state board of indigents' defense services and other conditions to be
imposed upon parolees or releasees. Whenever an order for parole or
postrelease supervision is issued it shall recite the conditions thereof.
(m) Whenever the prisoner review board orders the parole of an
inmate or establishes conditions for an inmate placed on postrelease
supervision, the board shall require that the inmate:
(1) Obey all laws and ordinances and report any law enforcement
contact to the inmate's supervision officer within 24 hours after such
contact;
(2) not engage in physical violence or threats of violence of any kind
and, if the inmate is being supervised for conviction of a felony, not
purchase or possess a dangerous weapon, including a firearm, while on
supervision;
(3) report to the inmate's supervision officer as directed and be
truthful in all matters;
(4) remain within the state of Kansas or other specified areas as
defined by the defendant's supervision officer;
(5) reside at the inmate's approved residence unless the defendant
receives permission from the inmate's supervision officer to relocate and
notify the inmate's supervision officer within 24 hours after any emergency
changes in residence or contact information;
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(6) not possess, use or distribute any controlled substances except
those prescribed by a licensed medical professional;
(7) not possess or consume any form of alcohol or intoxicating
substance or enter any establishment where alcohol is sold or consumed as
the primary business;
(8) submit to any form of alcohol or substance use testing directed by
the inmate's supervision officer and not alter or tamper with the specimen
or test;
(9) participate in assessment, treatment, programming and other
directives of the court or the inmate's supervision officer;
(10) submit to searches of the person and the person's effects, vehicle,
residence and property by a parole officer or a department of corrections
enforcement, apprehension and investigation officer, at any time of the day
or night, with or without a search warrant and with or without cause,
except that nothing in this paragraph shall be construed to authorize such
officers to conduct arbitrary or capricious searches or searches for the sole
purpose of harassment;
(11) submit to searches of the person and the person's effects, vehicle,
residence and property by any law enforcement officer based on
reasonable suspicion of the person violating conditions of parole or
postrelease supervision or reasonable suspicion of criminal activity;
(12) refrain from contacting victims unless authorized by the board to
contact a victim as part of rehabilitative or therapeutic purposes;
(13) pay the administrative fee imposed pursuant to K.S.A. 22-4529,
and amendments thereto, unless the board finds compelling circumstances
that would render payment unworkable; and
(14) unless the board finds compelling circumstances that would
render a plan of payment unworkable, reimburse the state for all or part of
the expenditures by the state board of indigents' defense services to
provide counsel and other defense services to the person. In determining
the amount and method of payment of such sum, the prisoner review board
shall take account of the financial resources of the person and the nature of
the burden that the payment of such sum will impose. Such amount shall
not exceed the amount claimed by appointed counsel on the payment
voucher for indigents' defense services or the amount prescribed by the
board of indigents' defense services reimbursement tables as provided in
K.S.A. 22-4522, and amendments thereto, whichever is less, minus any
previous payments for such services.
(n) Any law enforcement officer who conducts a search pursuant to
subsection (m)(11) shall submit a written report to the inmate's parole
officer not later than the close of business the next day after such search is
conducted. The written report shall include the facts leading to such
search, the scope of such search and any findings resulting from such
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search.
(o) If the court that sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the prisoner review board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances that would render a
plan of restitution unworkable.
(p) Whenever the prisoner review board grants the parole of an
inmate, the board, within 14 days of the date of the decision to grant
parole, shall give written notice of the decision to the county or district
attorney of the county where the inmate was sentenced.
(q) When an inmate is to be released on postrelease supervision, the
secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.
(r) Inmates shall be released on postrelease supervision upon the
termination of the prison portion of their sentence. Time served while on
postrelease supervision will vest.
(s) An inmate who is allocated regular good time credits as provided
in K.S.A. 22-3725, and amendments thereto, may receive meritorious
good time credits in increments of not more than 90 days per meritorious
act. These credits may be awarded by the secretary of corrections when an
inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life-threatening situation, preventing
injury or death to a person, preventing the destruction of property or taking
actions that result in a financial savings to the state.
(t) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and
(d)(1)(E) shall be applied retroactively as provided in subsection(u).
(u) For offenders sentenced prior to July 1, 2014, who are eligible for
modification of their postrelease supervision obligation, the department of
corrections shall modify the period of postrelease supervision as provided
for by this section:
(1) On or before September 1, 2013, for offenders convicted of:
(A) Severity levels 9 and 10 crimes on the sentencing guidelines grid
for nondrug crimes;
(B) severity level 4 crimes on the sentencing guidelines grid for drug
crimes committed prior to July 1, 2012; and
(C) severity level 5 crimes on the sentencing guidelines grid for drug
crimes committed on and after July 1, 2012;
(2) on or before November 1, 2013, for offenders convicted of:
(A) Severity levels 6, 7 and 8 crimes on the sentencing guidelines
grid for nondrug crimes;
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(B) severity level 3 crimes on the sentencing guidelines grid for drug
crimes committed prior to July 1, 2012; and
(C) severity level 4 crimes on the sentencing guidelines grid for drug
crimes committed on or after July 1, 2012; and
(3) on or before January 1, 2014, for offenders convicted of:
(A) Severity levels 1, 2, 3, 4 and 5 crimes on the sentencing
guidelines grid for nondrug crimes;
(B) severity levels 1 and 2 crimes on the sentencing guidelines grid
for drug crimes committed at any time; and
(C) severity level 3 crimes on the sentencing guidelines grid for drug
crimes committed on or after July 1, 2012.
(v) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
crimes committed on or after July 1, 2006, shall be placed on parole for
life and shall not be discharged from supervision by the prisoner review
board. When the board orders the parole of an inmate pursuant to this
subsection, the board shall order as a condition of parole that the inmate be
electronically monitored for the duration of the inmate's natural life.
(w) Whenever the prisoner review board orders a person to be
electronically monitored pursuant to this section, or the court orders a
person to be electronically monitored pursuant to K.S.A. 21-6604(r), and
amendments thereto, the board shall order the person to reimburse the state
for all or part of the cost of such monitoring. In determining the amount
and method of payment of such sum, the board shall take account of the
financial resources of the person and the nature of the burden that the
payment of such sum will impose.
(x) (1) On and after July 1, 2012, for any inmate who is a sex
offender, as defined in K.S.A. 22-4902, and amendments thereto,
whenever the prisoner review board orders the parole of such inmate or
establishes conditions for such inmate placed on postrelease supervision,
such inmate shall agree in writing to not possess pornographic materials.
(A) As used in this subsection, "pornographic materials" means any
obscene material or performance depicting sexual conduct, sexual contact
or a sexual performance; and any visual depiction of sexually explicit
conduct.
(B) As used in this subsection, all other terms have the meanings
provided by K.S.A. 21-5510, and amendments thereto.
(2) The provisions of this subsection shall be applied retroactively to
every sex offender, as defined in K.S.A. 22-4902, and amendments
thereto, who is on parole or postrelease supervision on July 1, 2012. The
prisoner review board shall obtain the written agreement required by this
subsection from such offenders as soon as practicable.
Sec. 17. K.S.A. 22-4902 is hereby amended to read as follows: 22-
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4902. As used in the Kansas offender registration act, unless the context
otherwise requires:
(a) "Offender" means:
(1) A sex offender;
(2) a violent offender;
(3) a drug offender;
(4) any person who has been required to register under out-of-state
law or is otherwise required to be registered; and
(5) any person required by court order to register for an offense not
otherwise required as provided in the Kansas offender registration act.
(b) "Sex offender" includes any person who:
(1) On or after April 14, 1994, is convicted of any sexually violent
crime;
(2) on or after July 1, 2002, is adjudicated as a juvenile offender for
an act which, if committed by an adult, would constitute the commission
of a sexually violent crime, unless the court, on the record, finds that the
act involved non-forcible sexual conduct, the victim was at least 14 years
of age and the offender was not more than four years older than the victim;
(3) has been determined to be a sexually violent predator;
(4) on or after July 1, 1997, is convicted of any of the following
crimes when one of the parties involved is less than 18 years of age:
(A) Adultery, as defined in K.S.A. 21-3507, prior to its repeal, or
K.S.A. 21-5511, and amendments thereto;
(B) criminal sodomy, as defined in K.S.A. 21-3505(a)(1), prior to its
repeal, or K.S.A. 21-5504(a)(1) or (a)(2), and amendments thereto;
(C) promoting prostitution, as defined in K.S.A. 21-3513, prior to its
repeal, or K.S.A. 21-6420, prior to its amendment by section 17 of chapter
120 of the 2013 Session Laws of Kansas on July 1, 2013;
(D) patronizing a prostitute, as defined in K.S.A. 21-3515, prior to its
repeal, or K.S.A. 21-6421, prior to its amendment by section 18 of chapter
120 of the 2013 Session Laws of Kansas on July 1, 2013; or
(E) lewd and lascivious behavior, as defined in K.S.A. 21-3508, prior
to its repeal, or K.S.A. 21-5513, and amendments thereto;
(5) is convicted of sexual battery, as defined in K.S.A. 21-3517, prior
to its repeal, or K.S.A. 21-5505(a), and amendments thereto;
(6) is convicted of sexual extortion, as defined in K.S.A. 21-5515,
and amendments thereto;
(7) is convicted of breach of privacy, as defined in K.S.A. 21-6101(a)
(6), (a)(7) or (a)(8), and amendments thereto;
(8) is convicted of an attempt, conspiracy or criminal solicitation, as
defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or
K.S.A. 21-5301, 21-5302, 21-5303, and amendments thereto, of an offense
defined in this subsection; or
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(9) has been convicted of an offense that is comparable to any crime
defined in this subsection, or any out-of-state conviction for an offense that
under the laws of this state would be an offense defined in this subsection.
(c) "Sexually violent crime" means:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior
to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A.
21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
thereto;
(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510,
prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A.
21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments
thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
to its repeal, or K.S.A. 21-5510, and amendments thereto;
(9) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(10) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(11) electronic solicitation, as defined in K.S.A. 21-3523, prior to its
repeal, and K.S.A. 21-5509, and amendments thereto;
(12) unlawful sexual relations, as defined in K.S.A. 21-3520, prior to
its repeal, or K.S.A. 21-5512, and amendments thereto;
(13) aggravated human trafficking, as defined in K.S.A. 21-3447,
prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
committed in whole or in part for the purpose of the sexual gratification of
the defendant or another;
(14) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto;
(15) promoting the sale of sexual relations, as defined in K.S.A. 21-
6420, and amendments thereto;
(16) internet trading in child pornography or aggravated internet
trading in child pornography, as defined in K.S.A. 21-5514, and
amendments thereto;
(17) any conviction or adjudication for an offense that is comparable
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to a sexually violent crime as defined in this subsection, or any out-of-state
conviction or adjudication for an offense that under the laws of this state
would be a sexually violent crime as defined in this subsection;
(18) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302, 21-5303, and amendments thereto, of a sexually violent
crime, as defined in this subsection; or
(19) any act that has been determined beyond a reasonable doubt to
have been sexually motivated, unless the court, on the record, finds that
the act involved non-forcible sexual conduct, the victim was at least 14
years of age and the offender was not more than four years older than the
victim. As used in this paragraph, "sexually motivated" means that one of
the purposes for which the defendant committed the crime was for the
purpose of the defendant's sexual gratification.
(d) "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.
(e) "Violent offender" includes any person who:
(1) On or after July 1, 1997, is convicted of any of the following
crimes:
(A) Capital murder, as defined in K.S.A. 21-3439 or 21-5401, prior to
its their repeal, or K.S.A. 21-5401, ;
(B) aggravated murder, as defined in section 2, and amendments
thereto;
(B)(C) murder in the first degree, as defined in K.S.A. 21-3401, prior
to its repeal, or K.S.A. 21-5402, and amendments thereto;
(C)(D) murder in the second degree, as defined in K.S.A. 21-3402,
prior to its repeal, or K.S.A. 21-5403, and amendments thereto;
(D)(E) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to
its repeal, or K.S.A. 21-5404, and amendments thereto;
(E)(F) involuntary manslaughter, as defined in K.S.A. 21-3404, prior
to its repeal, or K.S.A. 21-5405(a)(1), (a)(2) or (a)(4), and amendments
thereto. The provisions of this paragraph shall not apply to violations of
K.S.A. 21-5405(a)(3), and amendments thereto, that occurred on or after
July 1, 2011, through July 1, 2013;
(F)(G) kidnapping, as defined in K.S.A. 21-3420, prior to its repeal,
or K.S.A. 21-5408(a), and amendments thereto;
(G)(H) aggravated kidnapping, as defined in K.S.A. 21-3421, prior to
its repeal, or K.S.A. 21-5408(b), and amendments thereto;
(H)(I) criminal restraint, as defined in K.S.A. 21-3424, prior to its
repeal, or K.S.A. 21-5411, and amendments thereto, except by a parent,
and only when the victim is less than 18 years of age; or
(I)(J) aggravated human trafficking, as defined in K.S.A. 21-3447,
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prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if not
committed in whole or in part for the purpose of the sexual gratification of
the defendant or another;
(2) on or after July 1, 2006, is convicted of any person felony and the
court makes a finding on the record that a deadly weapon was used in the
commission of such person felony;
(3) has been convicted of an offense that is comparable to any crime
defined in this subsection, any out-of-state conviction for an offense that
under the laws of this state would be an offense defined in this subsection;
or
(4) is convicted of an attempt, conspiracy or criminal solicitation, as
defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or
K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of an
offense defined in this subsection.
(f) "Drug offender" includes any person who, on or after July 1, 2007:
(1) Is convicted of any of the following crimes:
(A) Unlawful manufacture or attempting such of any controlled
substance or controlled substance analog, as defined in K.S.A. 65-4159,
prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or
K.S.A. 21-5703, and amendments thereto;
(B) possession of ephedrine, pseudoephedrine, red phosphorus,
lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized
ammonia or phenylpropanolamine, or their salts, isomers or salts of
isomers with intent to use the product to manufacture a controlled
substance, as defined in K.S.A. 65-7006(a), prior to its repeal, K.S.A. 2010
Supp. 21-36a09(a), prior to its transfer, or K.S.A. 21-5709(a), and
amendments thereto;
(C) K.S.A. 65-4161, prior to its repeal, K.S.A. 2010 Supp. 21-
36a05(a)(1), prior to its transfer, or K.S.A. 21-5705(a)(1), and
amendments thereto. The provisions of this paragraph shall not apply to
violations of K.S.A. 2010 Supp. 21-36a05(a)(2) through (a)(6) or (b) that
occurred on or after July 1, 2009, through April 15, 2010;
(2) has been convicted of an offense that is comparable to any crime
defined in this subsection, any out-of-state conviction for an offense that
under the laws of this state would be an offense defined in this subsection;
or
(3) is or has been convicted of an attempt, conspiracy or criminal
solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to
their repeal, or K.S.A. 21-5301, 21-5302 and 21-5303, and amendments
thereto, of an offense defined in this subsection.
(g) Convictions or adjudications that 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 or
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adjudication. Any conviction or adjudication set aside pursuant to law is
not a conviction or adjudication for purposes of this section. A conviction
or adjudication from any out-of-state court shall constitute a conviction or
adjudication for purposes of this section.
(h) "School" means any public or private educational institution,
including, but not limited to, postsecondary school, college, university,
community college, secondary school, high school, junior high school,
middle school, elementary school, trade school, vocational school or
professional school providing training or education to an offender for three
or more consecutive days or parts of days, or for 10 or more
nonconsecutive days in a period of 30 consecutive days.
(i) "Employment" means any full-time, part-time, transient, day-labor
employment or volunteer work, with or without compensation, for three or
more consecutive days or parts of days, or for 10 or more nonconsecutive
days in a period of 30 consecutive days.
(j) "Reside" means to stay, sleep or maintain with regularity or
temporarily one's person and property in a particular place other than a
location where the offender is incarcerated. It shall be presumed that an
offender resides at any and all locations where the offender stays, sleeps or
maintains the offender's person for three or more consecutive days or parts
of days, or for ten or more nonconsecutive days in a period of 30
consecutive days.
(k) "Residence" means a particular and definable place where an
individual resides. Nothing in the Kansas offender registration act shall be
construed to state that an offender may only have one residence for the
purpose of such act.
(l) "Transient" means having no fixed or identifiable residence.
(m) "Law enforcement agency having initial jurisdiction" means the
registering law enforcement agency of the county or location of
jurisdiction where the offender expects to most often reside upon the
offender's discharge, parole or release.
(n) "Registering law enforcement agency" means the sheriff's office
or tribal police department responsible for registering an offender.
(o) "Registering entity" means any person, agency or other
governmental unit, correctional facility or registering law enforcement
agency responsible for obtaining the required information from, and
explaining the required registration procedures to, any person required to
register pursuant to the Kansas offender registration act. "Registering
entity" includes, but is not limited to, sheriff's offices, tribal police
departments and correctional facilities.
(p) "Treatment facility" means any public or private facility or
institution providing inpatient mental health, drug or alcohol treatment or
counseling, but does not include a hospital, as defined in K.S.A. 65-425,
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and amendments thereto.
(q) "Correctional facility" means any public or private correctional
facility, juvenile detention facility, prison or jail.
(r) "Out-of-state" means: the District of Columbia; any federal,
military or tribal jurisdiction, including those within this state; any foreign
jurisdiction; or any state or territory within the United States, other than
this state.
(s) "Duration of registration" means the length of time during which
when an offender is required to register for a specified offense or violation.
(t) (1) Notwithstanding any other provision of this section, "offender"
shall does not include any person who is:
(A) Convicted of unlawful transmission of a visual depiction of a
child, as defined in K.S.A. 21-5611(a), and amendments thereto,
aggravated unlawful transmission of a visual depiction of a child, as
defined in K.S.A. 21-5611(b), and amendments thereto, or unlawful
possession of a visual depiction of a child, as defined in K.S.A. 21-5610,
and amendments thereto;
(B) adjudicated as a juvenile offender for an act which, if committed
by an adult, would constitute the commission of a crime defined in
subsection (t)(1)(A);
(C) adjudicated as a juvenile offender for an act which, if committed
by an adult, would constitute the commission of sexual extortion as
defined in K.S.A. 21-5515, and amendments thereto; or
(D) adjudicated as a juvenile offender for an act which, if committed
by an adult, would constitute a violation of K.S.A. 21-6101(a)(6), (a)(7) or
(a)(8), and amendments thereto.
(2) Notwithstanding any other provision of law, a court shall not
order any person to register under the Kansas offender registration act for
the offenses described in subsection (t)(1).
Sec. 18. K.S.A. 22-4906 is hereby amended to read as follows: 22-
4906. (a) (1) Except as provided in subsection (c), if convicted of any of
the following offenses, an offender's duration of registration shall be, if
confined, 15 years after the date of parole, discharge or release, whichever
date is most recent, or, if not confined, 15 years from the date of
conviction:
(A) Sexual battery, as defined in K.S.A. 21-3517, prior to its repeal,
or K.S.A. 21-5505(a), and amendments thereto;
(B) adultery, as defined in K.S.A. 21-3507, prior to its repeal, or
K.S.A. 21-5511, and amendments thereto, when one of the parties
involved is less than 18 years of age;
(C) promoting the sale of sexual relations, as defined in K.S.A. 21-
6420, and amendments thereto;
(D) patronizing a prostitute, as defined in K.S.A. 21-3515, prior to its
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repeal, or K.S.A. 21-6421, prior to its amendment by section 18 of chapter
120 of the 2013 Session Laws of Kansas on July 1, 2013, when one of the
parties involved is less than 18 years of age;
(E) lewd and lascivious behavior, as defined in K.S.A. 21-3508, prior
to its repeal, or K.S.A. 21-5513, and amendments thereto, when one of the
parties involved is less than 18 years of age;
(F) capital murder, as defined in K.S.A. 21-3439 or 21-5401, prior to
its their repeal, or K.S.A. 21-5401,;
(G) aggravated murder, as defined in section 2, and amendments
thereto;
(G)(H) murder in the first degree, as defined in K.S.A. 21-3401, prior
to its repeal, or K.S.A. 21-5402, and amendments thereto;
(H)(I) murder in the second degree, as defined in K.S.A. 21-3402,
prior to its repeal, or K.S.A. 21-5403, and amendments thereto;
(I)(J) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to
its repeal, or K.S.A. 21-5404, and amendments thereto;
(J)(K) involuntary manslaughter, as defined in K.S.A. 21-3404, prior
to its repeal, or K.S.A. 21-5405(a)(1), (a)(2) or (a)(4), and amendments
thereto;
(K)(L) criminal restraint, as defined in K.S.A. 21-3424, prior to its
repeal, or K.S.A. 21-5411, and amendments thereto, except by a parent,
and only when the victim is less than 18 years of age;
(L)(M) sexual extortion, as defined in K.S.A. 21-5515, and
amendments thereto, when one of the parties involved is less than 18 years
of age;
(M)(N) breach of privacy, as defined in K.S.A. 21-6101(a)(6), (a)(7)
or (a)(8), and amendments thereto;
(N)(O) any act that has been determined beyond a reasonable doubt
to have been sexually motivated, unless the court, on the record, finds that
the act involved non-forcible sexual conduct, the victim was at least 14
years of age and the offender was not more than four years older than the
victim;
(O)(P) conviction of any person required by court order to register for
an offense not otherwise required as provided in the Kansas offender
registration act;
(P)(Q) conviction of any person felony and the court makes a finding
on the record that a deadly weapon was used in the commission of such
person felony;
(Q)(R) unlawful manufacture or attempting such of any controlled
substance or controlled substance analog, as defined in K.S.A. 65-4159,
prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or
K.S.A. 21-5703, and amendments thereto;
(R)(S) possession of ephedrine, pseudoephedrine, red phosphorus,
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lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized
ammonia or phenylpropanolamine, or their salts, isomers or salts of
isomers with intent to use the product to manufacture a controlled
substance, as defined by K.S.A. 65-7006(a), prior to its repeal, K.S.A.
2010 Supp. 21-36a09(a), prior to its transfer, or K.S.A. 21-5709(a), and
amendments thereto;
(S)(T) K.S.A. 65-4161, prior to its repeal, K.S.A. 2010 Supp. 21-
36a05(a)(1), prior to its transfer, or K.S.A. 21-5705(a)(1), and
amendments thereto; or
(T)(U) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302 and 21-5303, and amendments thereto, of an offense
defined in this subsection.
(2) Except as otherwise provided by the Kansas offender registration
act, the duration of registration terminates, if not confined, at the
expiration of 15 years from the date of conviction. Any period of time
during which when any offender is incarcerated in any jail or correctional
facility or during which when the offender does not comply with any and
all requirements of the Kansas offender registration act shall not count
toward the duration of registration.
(b) (1) Except as provided in subsection (c), if convicted of any of the
following offenses, an offender's duration of registration shall be, if
confined, 25 years after the date of parole, discharge or release, whichever
date is most recent, or, if not confined, 25 years from the date of
conviction:
(A) Criminal sodomy, as defined in K.S.A. 21-3505(a)(1), prior to its
repeal, or K.S.A. 21-5504(a)(1) or (a)(2), and amendments thereto, when
one of the parties involved is less than 18 years of age;
(B) indecent solicitation of a child, as defined in K.S.A. 21-3510,
prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(C) electronic solicitation, as defined in K.S.A. 21-3523, prior to its
repeal, or K.S.A. 21-5509, and amendments thereto;
(D) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(E) indecent liberties with a child, as defined in K.S.A. 21-3503, prior
to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(F) unlawful sexual relations, as defined in K.S.A. 21-3520, prior to
its repeal, or K.S.A. 21-5512, and amendments thereto;
(G) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
to its repeal, or K.S.A. 21-5510, and amendments thereto, if the victim is
14 or more years of age but less than 18 years of age;
(H) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
its repeal, or K.S.A. 21-5505(b), and amendments thereto;
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(I) internet trading in child pornography, as defined in K.S.A. 21-
5514, and amendments thereto;
(J) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514, and amendments thereto, if the victim is 14 or more years
of age but less than 18 years of age;
(K) promoting prostitution, as defined in K.S.A. 21-3513, prior to its
repeal, or K.S.A. 21-6420, prior to its amendment by section 17 of chapter
120 of the 2013 Session Laws of Kansas on July 1, 2013, if the person
selling sexual relations is 14 or more years of age but less than 18 years of
age; or
(L) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302 and 21-5303, and amendments thereto, of an offense
defined in this subsection.
(2) Except as otherwise provided by the Kansas offender registration
act, the duration of registration terminates, if not confined, at the
expiration of 25 years from the date of conviction. Any period of time
during which when any offender is incarcerated in any jail or correctional
facility or during which when the offender does not comply with any and
all requirements of the Kansas offender registration act shall not count
toward the duration of registration.
(c) Upon a second or subsequent conviction of an offense requiring
registration, an offender's duration of registration shall be for such
offender's lifetime.
(d) The duration of registration for any offender who has been
convicted of any of the following offenses shall be for such offender's
lifetime:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(2) aggravated indecent solicitation of a child, as defined in K.S.A.
21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments
thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A.
21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
thereto;
(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) aggravated human trafficking, as defined in K.S.A. 21-3447, prior
to its repeal, or K.S.A. 21-5426(b), and amendments thereto;
(7) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
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to its repeal, or K.S.A. 21-5510, and amendments thereto, if the victim is
less than 14 years of age;
(8) promoting prostitution, as defined in K.S.A. 21-3513, prior to its
repeal, or K.S.A. 21-6420, prior to its amendment by section 17 of chapter
120 of the 2013 Session Laws of Kansas on July 1, 2013, if the person
selling sexual relations is less than 14 years of age;
(9) kidnapping, as defined in K.S.A. 21-3420, prior to its repeal, or
K.S.A. 21-5408(a), and amendments thereto;
(10) aggravated kidnapping, as defined in K.S.A. 21-3421, prior to its
repeal, or K.S.A. 21-5408(b), and amendments thereto;
(11) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514, and amendments thereto, if the victim is less than 14
years of age;
(12) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto; or
(13) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302 and 21-5303, and amendments thereto, of an offense
defined in this subsection.
(e) Any person who has been declared a sexually violent predator
pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shall
register for such person's lifetime.
(f) Notwithstanding any other provisions of this section, for an
offender less than 14 years of age who is adjudicated as a juvenile offender
for an act which, if committed by an adult, would constitute a sexually
violent crime set forth in K.S.A. 22-4902(c), and amendments thereto, the
court shall:
(1) Require registration until such offender reaches 18 years of age, at
the expiration of five years from the date of adjudication or, if confined,
from release from confinement, whichever date occurs later. Any period of
time during which when the offender is incarcerated in any jail, juvenile
facility or correctional facility or during which when the offender does not
comply with any and all requirements of the Kansas offender registration
act shall not count toward the duration of registration;
(2) not require registration if the court, on the record, finds substantial
and compelling reasons therefor; or
(3) require registration, but such registration information shall not be
open to inspection by the public or posted on any internet website, as
provided in K.S.A. 22-4909, and amendments thereto. If the court requires
registration but such registration is not open to the public, such offender
shall provide a copy of such court order to the registering law enforcement
agency at the time of registration. The registering law enforcement agency
shall forward a copy of such court order to the Kansas bureau of
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investigation.
If such offender violates a condition of release during the term of the
conditional release, the court may require such offender to register
pursuant to paragraph (1) subsection (f).
(g) Notwithstanding any other provisions of this section, for an
offender 14 years of age or more who is adjudicated as a juvenile offender
for an act which, if committed by an adult, would constitute a sexually
violent crime set forth in K.S.A. 22-4902(c), and amendments thereto, and
such crime is not an off-grid felony or a felony ranked in severity level 1
of the nondrug grid as provided in K.S.A. 21-4704, prior to its repeal, or
K.S.A. 21-6804, and amendments thereto, the court shall:
(1) Require registration until such offender reaches 18 years of age, at
the expiration of five years from the date of adjudication or, if confined,
from release from confinement, whichever date occurs later. Any period of
time during which when the offender is incarcerated in any jail, juvenile
facility or correctional facility or during which when the offender does not
comply with any and all requirements of the Kansas offender registration
act shall not count toward the duration of registration;
(2) not require registration if the court, on the record, finds substantial
and compelling reasons therefor; or
(3) require registration, but such registration information shall not be
open to inspection by the public or posted on any internet website, as
provided in K.S.A. 22-4909, and amendments thereto. If the court requires
registration but such registration is not open to the public, such offender
shall provide a copy of such court order to the registering law enforcement
agency at the time of registration. The registering law enforcement agency
shall forward a copy of such court order to the Kansas bureau of
investigation.
If such offender violates a condition of release during the term of the
conditional release, the court may require such offender to register
pursuant to paragraph (1) subsection (g).
(h) Notwithstanding any other provisions of this section, an offender
14 or more years of age or more who is adjudicated as a juvenile offender
for an act which, if committed by an adult, would constitute a sexually
violent crime set forth in K.S.A. 22-4902(c), and amendments thereto, and
such crime is an off-grid felony or a felony ranked in severity level 1 of
the nondrug grid as provided in K.S.A. 21-4704, prior to its repeal, or
K.S.A. 21-6804, and amendments thereto, shall be required to register for
such offender's lifetime.
(i) Notwithstanding any other provision of law, if a diversionary
agreement or probation order, either adult or juvenile, or a juvenile
offender sentencing order, requires registration under the Kansas offender
registration act for an offense that would not otherwise require registration
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as provided in K.S.A. 22-4902(a)(5), and amendments thereto, then all
provisions of the Kansas offender registration act shall apply, except that
the duration of registration shall be controlled by such diversionary
agreement, probation order or juvenile offender sentencing order.
(j) The duration of registration does not terminate if the convicted or
adjudicated offender again becomes liable to register as provided by the
Kansas offender registration act during the required period of registration.
(k) For any person moving to Kansas who has been convicted or
adjudicated in an out-of-state court, or who was required to register under
an out-of-state law, the duration of registration shall be the length of time
required by the out-of-state jurisdiction or by the Kansas offender
registration act, whichever length of time is longer. The provisions of this
subsection shall apply to convictions or adjudications prior to June 1,
2006, and to persons who moved to Kansas prior to June l, 2006, and to
convictions or adjudications on or after June 1, 2006, and to persons who
moved to Kansas on or after June l, 2006.
(l) For any person residing, maintaining employment or attending
school in this state who has been convicted or adjudicated by an out-of-
state court of an offense that is comparable to any crime requiring
registration pursuant to the Kansas offender registration act, but who was
not required to register in the jurisdiction of conviction or adjudication, the
duration of registration shall be the duration required for the comparable
offense pursuant to the Kansas offender registration act.
Sec. 19. K.S.A. 23-3222 is hereby amended to read as follows: 23-
3222. (a) Except as provided in subsection (d), a parent entitled to legal
custody or residency of or parenting time with a child under this article
shall give written notice to the other parent not less than 30 days prior to:
(1) Changing the residence of the child; or (2) removing the child from this
state for a period of time exceeding 90 days. Such notice shall be sent by
restricted mail, return receipt requested, to the last known address of the
other parent.
(b) Failure to give notice as required by subsection (a) is an indirect
civil contempt punishable as provided by law. In addition, the court may
assess, against the parent required to give notice, reasonable attorney fees
and any other expenses incurred by the other parent by reason of the
failure to give notice.
(c) A change of the residence or the removal of a child as described in
subsection (a) may be considered a material change of circumstances
which justifies modification of a prior order of legal custody, residency,
child support or parenting time. In determining any motion seeking a
modification of a prior order based on change of residence or removal as
described in (a), the court shall consider all factors the court deems
appropriate including, but not limited to: (1) The effect of the move on the
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best interests of the child; (2) the effect of the move on any party having
rights granted under this article; and (3) the increased cost the move will
impose on any party seeking to exercise rights granted under this article.
(d) A parent entitled to the legal custody or residency of a child under
this article shall not be required to give the notice required by this section
to the other parent when the other parent has been convicted of any crime
specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes
Annotated, or K.S.A. 21-5401, prior to their repeal, or K.S.A. 21-5401 21-
5402 through 21-5609, section 2, 21-6104, 21-6325, 21-6326 or 21-6419
through 21-6422, and amendments thereto, in which the child is the victim
of such crime.
Sec. 20. K.S.A. 2024 Supp. 38-2255 is hereby amended to read as
follows: 38-2255. (a) Considerations. Prior to entering an order of
disposition, the court shall give consideration to:
(1) The child's physical, mental and emotional condition;
(2) the child's need for assistance;
(3) the manner in which the parent participated in the abuse, neglect
or abandonment of the child;
(4) any relevant information from the intake and assessment process;
and
(5) the evidence received at the dispositional hearing.
(b) Custody with a parent. The court may place the child in the
custody of either of the child's parents subject to terms and conditions
which the court prescribes to assure the proper care and protection of the
child, including, but not limited to:
(1) Supervision of the child and the parent by a court services officer;
(2) participation by the child and the parent in available programs
operated by an appropriate individual or agency; and
(3) any special treatment or care which the child needs for the child's
physical, mental or emotional health and safety.
(c) Removal of a child from custody of a parent. The court shall not
enter the initial order removing a child from the custody of a parent
pursuant to this section unless the court first finds probable cause that:
(1) (A) The child is likely to sustain harm if not immediately removed
from the home;
(B) allowing the child to remain in home is contrary to the welfare of
the child; or
(C) immediate placement of the child is in the best interest of the
child; and
(2) reasonable efforts have been made to maintain the family unit and
prevent the unnecessary removal of the child from the child's home or that
an emergency exists that threatens the safety to the child.
The court shall not enter an order removing a child from the custody of
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a parent pursuant to this section based solely on the finding that the parent
is homeless.
(d) Custody of a child removed from the custody of a parent. If the
court has made the findings required by subsection (c), the court shall
enter an order awarding custody to: A relative of the child or to a person
with whom the child has close emotional ties who shall not be required to
be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated,
and amendments thereto; any other suitable person; a shelter facility; a
youth residential facility; a staff secure facility, notwithstanding any other
provision of law, if the child has been subjected to human trafficking or
aggravated human trafficking, as defined by K.S.A. 21-5426, and
amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A. 21-6422, and amendments thereto, or the child
committed an act which, if committed by an adult, would constitute a
violation of K.S.A. 21-6419, and amendments thereto; or, if the child is 15
years of age or younger, or 16 or 17 years of age if the child has no
identifiable parental or family resources or shows signs of physical,
mental, emotional or sexual abuse, to the secretary. Custody awarded
under this subsection shall continue until further order of the court.
(1) When custody is awarded to the secretary, the secretary shall
consider any placement recommendation by the court and notify the court
of the placement or proposed placement of the child within 10 days of the
order awarding custody. After providing the parties or interested parties
notice and opportunity to be heard, the court may determine whether the
secretary's placement or proposed placement is contrary to the welfare or
in the best interests of the child. In making that determination the court
shall consider the health and safety needs of the child and the resources
available to meet the needs of children in the custody of the secretary. If
the court determines that the placement or proposed placement is contrary
to the welfare or not in the best interests of the child, the court shall notify
the secretary, who shall then make an alternative placement.
(2) The custodian designated under this subsection shall notify the
court in writing at least 10 days prior to any planned placement with a
parent. The written notice shall state the basis for the custodian's belief that
placement with a parent is no longer contrary to the welfare or best interest
of the child. Upon reviewing the notice, the court may allow the custodian
to proceed with the planned placement or may set the date for a hearing to
determine if the child shall be allowed to return home. If the court sets a
hearing on the matter, the custodian shall not return the child home without
written consent of the court.
(3) The court may grant any person reasonable rights to visit the child
upon motion of the person and a finding that the visitation rights would be
in the best interests of the child.
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(4) The court may enter an order restraining any alleged perpetrator
of physical, mental or emotional abuse or sexual abuse of the child from:
Residing in the child's home; visiting, contacting, harassing or intimidating
the child, other family member or witness; or attempting to visit, contact,
harass or intimidate the child, other family member or witness. Such
restraining order shall be served by personal service pursuant to K.S.A.
38-2237(a), and amendments thereto, on any alleged perpetrator to whom
the order is directed.
(5) The court shall provide a copy of any orders entered within 10
days of entering the order to the custodian designated under this
subsection.
(e) Further determinations regarding a child removed from the home.
If custody has been awarded under subsection (d) to a person other than a
parent, a permanency plan shall be provided or prepared pursuant to
K.S.A. 38-2264, and amendments thereto. If a permanency plan is
provided at the dispositional hearing, the court may determine whether
reintegration is a viable alternative or, if reintegration is not a viable
alternative, whether the child should be placed for adoption, a permanent
custodian appointed or a SOUL family legal permanency custodian
appointed. In determining whether reintegration is a viable alternative, the
court shall consider:
(1) Whether a parent has been found by a court to have committed
one of the following crimes or to have violated the law of another state
prohibiting such crimes or to have aided and abetted, attempted, conspired
or solicited the commission of one of these crimes:
(A) Capital murder, K.S.A. 21-3439 or 21-5401, prior to their repeal;
(B) aggravated murder, section 2, and amendments thereto;
(C) murder in the first degree, K.S.A. 21-3401, prior to its repeal, or
K.S.A. 21-5402, and amendments thereto;
(B)(D) murder in the second degree, K.S.A. 21-3402, prior to its
repeal, or K.S.A. 21-5403, and amendments thereto;
(C) capital murder, K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-
5401, and amendments thereto;
(D)(E) voluntary manslaughter, K.S.A. 21-3403, prior to its repeal, or
K.S.A. 21-5404, and amendments thereto; or
(E)(F) a felony battery that resulted in bodily injury;
(2) whether a parent has subjected the child or another child to
aggravated circumstances;
(3) whether a parent has previously been found to be an unfit parent
in proceedings under this code or in comparable proceedings under the
laws of another state or the federal government;
(4) whether the child has been in the custody of the secretary and
placed with neither parent for 15 of the most recent 22 months beginning
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60 days after the date on which when a child in the secretary's custody was
removed from the child's home;
(5) whether the parents have failed to work diligently toward
reintegration;
(6) whether the secretary has provided the family with services
necessary for the safe return of the child to the home; and
(7) whether it is reasonable to expect reintegration to occur within a
time frame consistent with the child's developmental needs.
(f) Proceedings if reintegration is not a viable alternative. If the court
determines that reintegration is not a viable alternative, proceedings to
terminate parental rights and permit placement of the child for adoption or
appointment of a permanent custodian or a SOUL family legal
permanency custodian shall be initiated unless the court finds that
compelling reasons have been documented in the case plan why adoption
or appointment of a permanent custodian or a SOUL family legal
permanency custodian would not be in the best interests of the child. If
compelling reasons have not been documented, the county or district
attorney shall file a motion within 30 days to terminate parental rights or a
motion to appoint a permanent custodian or SOUL family legal
permanency custodian pursuant to K.S.A. 2024 Supp. 38-2272a, and
amendments thereto, within 30 days and the court shall hold a hearing on
the motion within 90 days of its filing. No hearing is required when the
parents voluntarily relinquish parental rights or consent to the appointment
of a permanent custodian or a SOUL family legal permanency custodian.
(g) Additional orders. In addition to or in lieu of any other order
authorized by this section:
(1) The court may order the child and the parents of any child who
has been adjudicated a child in need of care to attend counseling sessions
as the court directs. The expense of the counseling may be assessed as an
expense in the case. No mental health provider shall charge a greater fee
for court-ordered counseling than the provider would have charged to the
person receiving counseling if the person had requested counseling on the
person's own initiative.
(2) If the court has reason to believe that a child is before the court
due, in whole or in part, to the use or misuse of alcohol or a violation of
K.S.A. 21-5701 through 21-5717, and amendments thereto, by the child, a
parent of the child, or another person responsible for the care of the child,
the court may order the child, parent of the child or other person
responsible for the care of the child to submit to and complete an alcohol
and drug evaluation by a qualified person or agency and comply with any
recommendations. If the evaluation is performed by a community-based
alcohol and drug safety program certified pursuant to K.S.A. 8-1008, and
amendments thereto, the child, parent of the child or other person
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responsible for the care of the child shall pay a fee not to exceed the fee
established by that statute. If the court finds that the child and those legally
liable for the child's support are indigent, the fee may be waived. In no
event shall the fee be assessed against the secretary.
(3) If child support has been requested and the parent or parents have
a duty to support the child, the court may order one or both parents to pay
child support and, when custody is awarded to the secretary, the court shall
order one or both parents to pay child support. The court shall determine,
for each parent separately, whether the parent is already subject to an order
to pay support for the child. If the parent is not presently ordered to pay
support for any child who is subject to the jurisdiction of the court and the
court has personal jurisdiction over the parent, the court shall order the
parent to pay child support in an amount determined under K.S.A. 38-
2277, and amendments thereto. Except for good cause shown, the court
shall issue an immediate income withholding order pursuant to K.S.A. 23-
3101 et seq., and amendments thereto, for each parent ordered to pay
support under this subsection, regardless of whether a payor has been
identified for the parent. A parent ordered to pay child support under this
subsection shall be notified, at the hearing or otherwise, that the child
support order may be registered pursuant to K.S.A. 38-2279, and
amendments thereto. The parent shall also be informed that, after
registration, the income withholding order may be served on the parent's
employer without further notice to the parent and the child support order
may be enforced by any method allowed by law. Failure to provide this
notice shall not affect the validity of the child support order.
(h) For the purposes of this section, "harassing or intimidating" and
"harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to determine
the targeted person's location, movement or travel patterns.
Sec. 21. K.S.A. 38-2271 is hereby amended to read as follows: 38-
2271. (a) It is presumed in the manner provided in K.S.A. 60-414, and
amendments thereto, that a parent is unfit by reason of conduct or
condition which that renders the parent unable to fully care for a child, if
the state establishes, by clear and convincing evidence, that:
(1) A parent has previously been found to be an unfit parent in
proceedings under K.S.A. 38-2266 et seq., and amendments thereto, or
comparable proceedings under the laws of another jurisdiction;
(2) a parent has twice before been convicted of a crime specified in
article 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 21-6418 through 21-
6421, and amendments thereto, or comparable offenses under the laws of
another jurisdiction, or an attempt or attempts to commit such crimes and
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the victim was under the age of 18 years;
(3) on two or more prior occasions a child in the physical custody of
the parent has been adjudicated a child in need of care as defined by
K.S.A. 38-2202(d)(1), (d)(3), (d)(5) or (d)(11), and amendments thereto, or
comparable proceedings under the laws of another jurisdiction;
(4) the parent has been convicted of causing the death of another
child or stepchild of the parent;
(5) the child has been in an out-of-home placement, under court order
for a cumulative total period of one year or longer and the parent has
substantially neglected or willfully refused to carry out a reasonable plan,
approved by the court, directed toward reintegration of the child into the
parental home;
(6) (A) the child has been in an out-of-home placement, under court
order for a cumulative total period of two years or longer; (B) the parent
has failed to carry out a reasonable plan, approved by the court, directed
toward reintegration of the child into the parental home; and (C) there is a
substantial probability that the parent will not carry out such plan in the
near future;
(7) a parent has been convicted of capital murder, K.S.A. 21-3439 or
21-5401, prior to its their repeal, or K.S.A. 21-5401, aggravated murder,
section 2, and amendments thereto, and amendments thereto, murder in the
first degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and
amendments thereto, murder in the second degree, K.S.A. 21-3402, prior
to its repeal, or K.S.A. 21-5403, and amendments thereto, voluntary
manslaughter, K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
amendments thereto, human trafficking or aggravated human trafficking,
K.S.A. 21-3446 or 21-3447, prior to their repeal, or K.S.A. 21-5426, and
amendments thereto, or commercial sexual exploitation of a child, K.S.A.
21-6422, and amendments thereto, or comparable proceedings under the
laws of another jurisdiction or, has been adjudicated a juvenile offender
because of an act which if committed by an adult would be an offense as
provided in this subsection, and the victim of such murder was the other
parent of the child;
(8) a parent abandoned or neglected the child after having knowledge
of the child's birth or either parent has been granted immunity from
prosecution for abandonment of the child under K.S.A. 21-3604(b), prior
to its repeal, or K.S.A. 21-5605(d), and amendments thereto; or
(9) a parent has made no reasonable efforts to support or
communicate with the child after having knowledge of the child's birth;
(10) a father, after having knowledge of the pregnancy, failed without
reasonable cause to provide support for the mother during the six months
prior to the child's birth;
(11) a father abandoned the mother after having knowledge of the
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pregnancy;
(12) a parent has been convicted of rape, K.S.A. 21-3502, prior to its
repeal, or K.S.A. 21-5503, and amendments thereto, or comparable
proceedings under the laws of another jurisdiction resulting in the
conception of the child; or
(13) a parent has failed or refused to assume the duties of a parent for
two consecutive years next preceding the filing of the petition. In making
this determination the court may disregard incidental visitations, contacts,
communications or contributions.
(b) The burden of proof is on the parent to rebut the presumption of
unfitness by a preponderance of the evidence. In the absence of proof that
the parent is presently fit and able to care for the child or that the parent
will be fit and able to care for the child in the foreseeable future, the court
shall terminate parental rights in proceedings pursuant to K.S.A. 38-2266
et seq., and amendments thereto.
Sec. 22. K.S.A. 38-2303 is hereby amended to read as follows: 38-
2303. (a) Proceedings under this code involving acts committed by a
juvenile which, if committed by an adult, would constitute a violation of
any of the following statutes may be commenced at any time: (1) Rape as
defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
amendments thereto; (2) aggravated criminal sodomy as defined in K.S.A.
21-3506, prior to its repeal, or subsection (b) of K.S.A. 21-5504(b), and
amendments thereto; (3) murder as described in K.S.A. 21-3401, 21-3402
or, 21-3439 or 21-5401, prior to their repeal, or K.S.A. 21-5401, 21-5402
or, 21-5403 or section 2, and amendments thereto; (4) terrorism as defined
in K.S.A. 21-3449, prior to its repeal, or K.S.A. 21-5421, and amendments
thereto; or (5) illegal use of weapons of mass destruction as defined in
K.S.A. 21-3450, prior to its repeal, or K.S.A. 21-5422, and amendments
thereto.
(b) Except as provided by subsections (c) and (e), a proceeding under
this code for any act committed by a juvenile which, if committed by an
adult, would constitute a violation of any of the following statutes shall be
commenced within five years after its commission if the victim is less than
16 years of age: (1) Lewd and lascivious behavior as defined in K.S.A. 21-
3508, prior to its repeal, or K.S.A. 21-5513, and amendments thereto; (2)
unlawful voluntary sexual relations as defined in K.S.A. 21-3522, prior to
its repeal, or K.S.A. 21-5507, and amendments thereto; or (3) aggravated
incest as defined in K.S.A. 21-3603, prior to its repeal, or subsection (b) of
K.S.A. 21-5604(b), and amendments thereto.
(c) Except as provided in subsection (e), a proceeding under this code
for any act committed by a juvenile which, if committed by an adult,
would constitute a sexually violent crime as defined in K.S.A. 22-3717,
and amendments thereto:
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(1) When the victim is 18 years of age or older shall be commenced
within 10 years or one year from the date on which the identity of the
suspect is conclusively established by DNA testing, whichever is later; or
(2) when the victim is under 18 years of age shall be commenced
within 10 years of the date the victim turns 18 years of age or one year
from the date on which the identity of the suspect is conclusively
established by DNA testing, whichever is later.
(3) For the purposes of this subsection, "DNA" means
deoxyribonucleic acid.
(d) Except as provided by subsection (e), proceedings under this code
not governed by subsections subsection (a), (b) or (c) shall be commenced
within two years after the act giving rise to the proceedings is committed.
(e) The period within which the proceedings must be commenced
shall not include any period in which:
(1) The accused is absent from the state;
(2) the accused is so concealed within the state that process cannot be
served upon the accused;
(3) the fact of the offense is concealed; or
(4) whether or not the fact of the offense is concealed by the active
act or conduct of the accused, there is substantial competent evidence to
believe two or more of the following factors are present: (A) The victim
was a child under 15 years of age at the time of the offense; (B) the victim
was of such age or intelligence that the victim was unable to determine
that the acts constituted an offense; (C) the victim was prevented by a
parent or other legal authority from making known to law enforcement
authorities the fact of the offense whether or not the parent or other legal
authority is the accused; and (D) there is substantial competent expert
testimony indicating the victim psychologically repressed such victim's
memory of the fact of the offense, and in the expert's professional opinion
the recall of such memory is accurate, 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 proceeding be commenced as provided in subsection (e)(4) later than the
date the victim turns 28 years of age. Corroborating evidence may include,
but is not limited to, evidence the alleged juvenile offender committed
similar acts against other persons or evidence of contemporaneous
physical manifestations of the offense. Parent or other legal authority shall
include, but not be limited to, natural and stepparents, grandparents, aunts,
uncles or siblings.
(f) 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 alleged juvenile offender's
complicity therein is terminated. Time starts to run on the day after the
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offense is committed.
(g) A proceeding under this code is commenced when a complaint or
information is filed, or an indictment returned, and a warrant thereon is
delivered to the sheriff or other officer for execution. No such proceeding
shall be deemed to have been commenced if the warrant so issued is not
executed without unreasonable delay.
Sec. 23. K.S.A. 38-2312 is hereby amended to read as follows: 38-
2312. (a) Except as provided in subsections (b) and (c), any records or files
specified in this code concerning a juvenile may be expunged upon
application to a judge of the court of the county in which where the records
or files are maintained. The application for expungement may be made by
the juvenile, if 18 years of age or older or, if the juvenile is less than 18
years of age, by the juvenile's parent or next friend.
(b) There shall be no expungement of records or files concerning acts
committed by a juvenile which, if committed by an adult, would constitute
a violation of K.S.A. 21-3439 or 21-5401, prior to their repeal, capital
murder; section 2, and amendments thereto, aggravated murder; K.S.A.
21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments thereto,
murder in the first degree; K.S.A. 21-3402, prior to its repeal, or K.S.A.
21-5403, and amendments thereto, murder in the second degree; K.S.A.
21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto,
voluntary manslaughter; K.S.A. 21-3404, prior to its repeal, or K.S.A. 21-
5405, and amendments thereto, involuntary manslaughter; K.S.A. 21-
3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto,
capital murder; K.S.A. 21-3442, prior to its repeal, or K.S.A. 21-5405(a)
(3) or (a)(5), and amendments thereto, involuntary manslaughter while
driving under the influence of alcohol or drugs; K.S.A. 21-3502, prior to
its repeal, or K.S.A. 21-5503, and amendments thereto, rape; K.S.A. 21-
3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto,
indecent liberties with a child; K.S.A. 21-3504, prior to its repeal, or
K.S.A. 21-5506(b), and amendments thereto, aggravated indecent liberties
with a child; K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and
amendments thereto, aggravated criminal sodomy; K.S.A. 21-3510, prior
to its repeal, or K.S.A. 21-5508(a), and amendments thereto, indecent
solicitation of a child; K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-
5508(b), and amendments thereto, aggravated indecent solicitation of a
child; K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and
amendments thereto, sexual exploitation of a child; K.S.A. 21-5514(a),
and amendments thereto, internet trading in child pornography; K.S.A. 21-
5514(b), and amendments thereto, aggravated internet trading in child
pornography; K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b),
and amendments thereto, aggravated incest; K.S.A. 21-3608, prior to its
repeal, or K.S.A. 21-5601(a), and amendments thereto, endangering a
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child; K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and
amendments thereto, abuse of a child; or which would constitute an
attempt to commit a violation of any of the offenses specified in this
subsection.
(c) Notwithstanding any other law to the contrary, for any offender
who is required to register as provided in the Kansas offender registration
act, K.S.A. 22-4901 et seq., and amendments thereto, there shall be no
expungement of any conviction or any part of the offender's criminal
record while the offender is required to register as provided in the Kansas
offender registration act.
(d) When a petition for expungement is filed, the court shall set a date
for a hearing on the petition and shall give notice thereof to the county or
district attorney. The petition shall state: (1) The juvenile's full name; (2)
the full name of the juvenile as reflected in the court record, if different
than (1); (3) the juvenile's sex and date of birth; (4) the offense for which
the juvenile was adjudicated; (5) the date of the trial; and (6) the identity
of the trial court. Except as otherwise provided by law, a petition for
expungement shall be accompanied by a docket fee in the amount of $176.
On and after July 1, 2019, through June 30, 2025, the supreme court may
impose a charge, not to exceed $19 per case, to fund the costs of non-
judicial personnel. All petitions for expungement shall be docketed in the
original action. Any person who may have relevant information about the
petitioner may testify at the hearing. The court may inquire into the
background of the petitioner.
(e) (1) After hearing, the court shall order the expungement of the
records and files if the court finds that:
(A) (i) The juvenile has reached 23 years of age or that two years
have elapsed since the final discharge;
(ii) one year has elapsed since the final discharge for an adjudication
concerning acts committed by a juvenile which, if committed by an adult,
would constitute a violation of K.S.A. 21-6419, and amendments thereto;
or
(iii) the juvenile is a victim of human trafficking, aggravated human
trafficking or commercial sexual exploitation of a child, the adjudication
concerned acts committed by the juvenile as a result of such victimization,
including, but not limited to, acts which, if committed by an adult, would
constitute a violation of K.S.A. 21-6203 or 21-6419, and amendments
thereto, and the hearing on expungement occurred on or after the date of
final discharge. The provisions of this clause shall not allow an
expungement of records or files concerning acts described in subsection
(b);
(B) since the final discharge of the juvenile, the juvenile has not been
convicted of a felony or of a misdemeanor other than a traffic offense or
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adjudicated as a juvenile offender under the revised Kansas juvenile justice
code and no proceedings are pending seeking such a conviction or
adjudication; and
(C) the circumstances and behavior of the petitioner warrant
expungement.
(2) The court may require that all court costs, fees and restitution
shall be paid.
(f) Upon entry of an order expunging records or files, the offense
which that the records or files concern shall be treated as if it never
occurred, except that upon conviction of a crime or adjudication in a
subsequent action under this code the offense may be considered in
determining the sentence to be imposed. The petitioner, the court and all
law enforcement officers and other public offices and agencies shall
properly reply on inquiry that no record or file exists with respect to the
juvenile. Inspection of the expunged files or records thereafter may be
permitted by order of the court upon petition by the person who is the
subject thereof. The inspection shall be limited to inspection by the person
who is the subject of the files or records and the person's designees.
(g) A certified copy of any order made pursuant to subsection (a) or
(d) shall be sent to the Kansas bureau of investigation, which and the
Kansas bureau of investigation shall notify every juvenile or criminal
justice agency which that may possess records or files ordered to be
expunged. If the agency fails to comply with the order within a reasonable
time after its receipt, such agency may be adjudged in contempt of court
and punished accordingly.
(h) The court shall inform any juvenile who has been adjudicated a
juvenile offender of the provisions of this section.
(i) Nothing in this section shall be construed to prohibit the
maintenance of information relating to an offense after records or files
concerning the offense have been expunged if the information is kept in a
manner that does not enable identification of the juvenile.
(j) Nothing in this section shall be construed to permit or require
expungement of files or records related to a child support order registered
pursuant to the revised Kansas juvenile justice code.
(k) Whenever the records or files of any adjudication have been
expunged under the provisions of this section, the custodian of the records
or files of adjudication relating to that offense shall not disclose the
existence of such records or files, except when requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the
request is accompanied by a statement that the request is being made in
conjunction with an application for employment with such agency or
operator by the person whose record has been expunged;
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(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;
(4) the secretary for aging and disability services, or a designee of the
secretary, for the purpose of obtaining information relating to employment
in an institution, as defined in K.S.A. 76-12a01, and amendments thereto,
of the Kansas department for aging and disability services of any person
whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of the
expungement order;
(6) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;
(7) the governor or the Kansas racing commission, or a designee of
the commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications for executive
director of the commission, for employment with the commission, for
work in sensitive areas in parimutuel racing as deemed appropriate by the
executive director of the commission or for licensure, renewal of licensure
or continued licensure by the commission;
(8) the Kansas sentencing commission; or
(9) the Kansas bureau of investigation, for the purposes of:
(A) Completing a person's criminal history record information within
the central repository in accordance with K.S.A. 22-4701 et seq., and
amendments thereto; or
(B) providing information or documentation to the federal bureau of
investigation, in connection with the national instant criminal background
check system, to determine a person's qualification to possess a firearm.
(l) The provisions of subsection (k)(9) shall apply to all records
created prior to, on and after July 1, 2011.
Sec. 24. K.S.A. 38-2365 is hereby amended to read as follows: 38-
2365. (a) When a juvenile offender has been placed in the custody of the
secretary, the secretary shall have a reasonable time to make a placement.
If the juvenile offender has not been placed, any party who believes that
the amount of time elapsed without placement has exceeded a reasonable
time may file a motion for review with the court. In determining what is a
reasonable amount of time, matters considered by the court shall include,
but not be limited to, the nature of the underlying offense, efforts made for
placement of the juvenile offender and the availability of a suitable
placement. The secretary shall notify the court, the juvenile's attorney of
record and the juvenile's parent, in writing, of the initial placement and any
subsequent change of placement as soon as the placement has been
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accomplished. The notice to the juvenile offender's parent shall be sent to
such parent's last known address or addresses. The court shall have no
power to direct a specific placement by the secretary, but may make
recommendations to the secretary. The secretary may place the juvenile
offender in an institution operated by the secretary, a youth residential
facility or any other appropriate placement. If the court has recommended
an out-of-home placement, the secretary may not return the juvenile
offender to the home from which removed without first notifying the court
of the plan.
(b) If a juvenile is in the custody of the secretary, the secretary shall
prepare and present a permanency plan at sentencing or within 30 days
thereafter. If the juvenile is 14 years of age or older and the juvenile is
able, the secretary shall prepare the permanency plan in consultation with
the juvenile. If a permanency plan is already in place under a child in need
of care proceeding, the court may adopt the plan under the present
proceeding. The written permanency plan shall provide for reintegration of
the juvenile into such juvenile's family or, if reintegration is not a viable
alternative, for other permanent placement of the juvenile. Reintegration
may not be a viable alternative when:
(1) The parent has been found by a court to have committed capital
murder, K.S.A. 21-3439 or 21-5401, prior to their repeal, aggravated
murder, section 2, and amendments thereto, murder in the first degree,
K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments
thereto, murder in the second degree, K.S.A. 21-3402, prior to its repeal,
or K.S.A. 21-5403, and amendments thereto, capital murder, K.S.A. 21-
3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto,
voluntary manslaughter, K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-
5404, and amendments thereto, of a child or violated a law of another state
which that prohibits such murder or manslaughter of a child;
(2) the parent aided or abetted, attempted, conspired or solicited to
commit such murder or voluntary manslaughter of a child;
(3) the parent committed a felony battery that resulted in bodily
injury to the juvenile who is the subject of this proceeding or another
child;
(4) the parent has subjected the juvenile who is the subject of this
proceeding or another child to aggravated circumstances as defined in
K.S.A. 38-1502, and amendments thereto;
(5) the parental rights of the parent to another child have been
terminated involuntarily; or
(6) the juvenile has been in extended out-of-home placement as
defined in K.S.A. 38-2202, and amendments thereto.
(c) If the juvenile is placed in the custody of the secretary, the plan
shall be prepared and submitted by the secretary. If the juvenile is placed
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in the custody of a facility or person other than the secretary, the plan shall
be prepared and submitted by a court services officer. If the permanency
goal is reintegration into the family, the permanency plan shall include
measurable objectives and time schedules for reintegration.
(d) During the time a juvenile remains in the custody of the secretary,
the secretary shall submit to the court, at least every six months, a written
report of the progress being made toward the goals of the permanency plan
submitted pursuant to subsections (b) and (c) and the specific actions taken
to achieve the goals of the permanency plan. If the juvenile is placed in
foster care, the court may request the foster parent to submit to the court,
at least every six months, a report in regard to the juvenile's adjustment,
progress and condition. Such report shall be made a part of the juvenile's
court social file. The court shall review the plan submitted by the secretary
and the report, if any, submitted by the foster parent and determine
whether reasonable efforts and progress have been made to achieve the
goals of the permanency plan. If the court determines that progress is
inadequate or that the permanency plan is no longer viable, the court shall
hold a hearing pursuant to subsection (e).
(e) When the secretary has custody of the juvenile, a permanency
hearing shall be held no more than 12 months after the juvenile is first
placed outside such juvenile's home and at least every 12 months
thereafter. Juvenile offenders who have been in extended out-of-home
placement shall be provided a permanency hearing within 30 days of a
request from the secretary. The court may appoint a guardian ad litem to
represent the juvenile offender at the permanency hearing. At the
permanency hearing, the court shall determine whether and, if applicable,
when the juvenile will be:
(1) Reintegrated with the juvenile's parents;
(2) placed for adoption;
(3) placed with a permanent custodian; or
(4) if the juvenile is 16 years of age or older and the secretary has
documented compelling reasons why it would not be in the juvenile's best
interests for a placement in one of the placements pursuant to paragraphs
paragraph (1), (2) or (3), placed in another planned permanent
arrangement.
(f) At each permanency hearing, the court shall:
(1) Make a written finding as to whether reasonable efforts have been
made to accomplish the permanency goal and whether continued out-of-
home placement is necessary for the juvenile's safety;
(2) make a written finding as to whether the reasonable and prudent
parenting standard has been met and whether the juvenile has regular,
ongoing opportunities to engage in age or developmentally appropriate
activities. The secretary shall report to the court the steps the secretary is
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taking to ensure that the reasonable and prudent parenting standard is
being met and that the juvenile has regular, ongoing opportunities to
engage in age or developmentally appropriate activities, including
consultation with the juvenile in an age-appropriate manner about the
opportunities of the juvenile to participate in the activities; and
(3) if the juvenile is 14 years of age or older, document the efforts
made by the secretary to help the juvenile prepare for the transition from
custody to a successful adulthood. The secretary shall report to the court
the programs and services that are being provided to the juvenile which
that will help the juvenile prepare for the transition from custody to a
successful adulthood.
(g) The requirements of this subsection shall apply only if the
permanency goal in place at the time of the hearing is another planned
permanent arrangement as described in subsection (e)(4). At each
permanency hearing held with respect to the juvenile, in addition to the
requirements of subsection (f), the court shall:
(1) Ask the juvenile, if the juvenile is able, by attendance at the
hearing or by report to the court, about the desired permanency outcome
for the juvenile;
(2) document the intensive, ongoing and, as of the date of the hearing,
unsuccessful permanency efforts made by the secretary to return the
juvenile home or secure a placement for the juvenile with a fit and willing
relative, a legal guardian or an adoptive parent. The secretary shall report
to the court the intensive, ongoing and, as of the date of the hearing,
unsuccessful efforts made by the secretary to return the juvenile home or
secure a placement for the juvenile with a fit and willing relative, a legal
guardian or an adoptive parent, including efforts that utilize search
technology, including social media, to find biological family members of
the children; and
(3) make a judicial determination explaining why, as of the date of
the hearing, another planned permanent living arrangement is the best
permanency plan for the juvenile and provide compelling reasons why it
continues to not be in the best interests of the juvenile to return home, be
placed for adoption, be placed with a legal guardian or be placed with a fit
and willing relative.
(h) Whenever a hearing is required under subsection (e), the court
shall notify all interested parties of the hearing date, the secretary, foster
parent and preadoptive parent or relatives providing care for the juvenile
and hold a hearing. If the juvenile is 14 years of age or older, the court
shall require notice of the time and place of the permanency hearing be
given to the juvenile. Such notice shall request the juvenile's participation
in the hearing by attendance or by report to the court. Individuals receiving
notice pursuant to this subsection shall not be made a party to the action
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solely on the basis of this notice and opportunity to be heard. After
providing the persons receiving notice an opportunity to be heard, the
court shall determine whether the juvenile's needs are being adequately
met; whether services set out in the permanency plan necessary for the
safe return of the juvenile have been made available to the parent with
whom reintegration is planned; and whether reasonable efforts and
progress have been made to achieve the goals of the permanency plan.
(i) If the court finds reintegration continues to be a viable alternative,
the court shall determine whether and, if applicable, when the juvenile will
be returned to the parent. The court may rescind any of its prior
dispositional orders and enter any dispositional order authorized by this
code or may order that a new plan for the reintegration be prepared and
submitted to the court. If reintegration cannot be accomplished as
approved by the court, the court shall be informed and shall schedule a
hearing pursuant to subsection (j). No such hearing is required when the
parent voluntarily relinquishes parental rights or agrees to appointment of
a permanent guardian.
(j) When the court finds any of the following conditions exist, the
county or district attorney or the county or district attorney's designee shall
file a petition alleging the juvenile to be a child in need of care and
requesting termination of parental rights pursuant to the Kansas code for
care of children:
(1) The court determines that reintegration is not a viable alternative
and either adoption or permanent guardianship might be in the best
interests of the juvenile;
(2) the goal of the permanency plan is reintegration into the family
and the court determines after 12 months from the time such plan is first
submitted that progress is inadequate; or
(3) the juvenile has been in out-of-home placement for a cumulative
total of 15 of the last 22 months, excluding trial home visits and juvenile in
runaway status.
Nothing in this subsection shall be interpreted to prohibit termination of
parental rights prior to the expiration of 12 months.
(k) A petition to terminate parental rights is not required to be filed if
one of the following exceptions is documented to exist:
(1) The juvenile is in a stable placement with relatives;
(2) services set out in the case plan necessary for the safe return of
the juvenile have not been made available to the parent with whom
reintegration is planned; or
(3) there are one or more documented reasons why such filing would
not be in the best interests of the juvenile. Documented reasons may
include, but are not limited to: The juvenile has close emotional bonds
with a parent which that should not be broken; the juvenile is 14 years of
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age or older and, after advice and counsel, refuses to be adopted;
insufficient grounds exist for termination of parental rights; the juvenile is
an unaccompanied refugee minor; or there are international legal or
compelling foreign policy reasons precluding termination of parental
rights.
Sec. 25. K.S.A. 2024 Supp. 39-970 is hereby amended to read as
follows: 39-970. (a) As used in this section:
(1) "Adult care home" means any nursing facility, nursing facility for
mental health, intermediate care facility for people with intellectual
disability, assisted living facility, residential health care facility, home plus,
boarding care home or adult day care facility that is required to be licensed
to operate by the secretary for aging and disability services.
(2) "Applicant" means an individual who applies for employment
with an adult care home or applies to work for an employment agency or
as an independent contractor who provides staff to an adult care home.
(3) "Completion of the sentence" means the last day of the entire term
of incarceration imposed by a sentence, including any term that is
deferred, suspended or subject to parole, probation, diversion, community
corrections, fines, fees, restitution or any other imposed sentencing
requirements.
(4) "Department" means the Kansas department for aging and
disability services.
(5) "Direct access" means work that involves an actual or reasonable
expectation of one-on-one interaction with a consumer or a consumer's
property, personally identifiable information, medical records, treatment
information or financial information.
(6) "Direct supervision" means that a supervisor is physically present
within an immediate distance to a supervisee and is available to provide
constant direction, feedback and assistance to a client and the supervisee.
(7) "Employment agency" means an organization or entity that has a
contracted relationship with an adult care home to provide staff with direct
access to consumers.
(8) "Independent contractor" means an organization, entity, agency or
individual that provides contracted workers or services to an adult care
home.
(9) "Secretary" means the secretary for aging and disability services.
(b) (1) No person shall knowingly operate an adult care home if, in
the adult care home, there works any person who has adverse findings on
any state or national registry, as defined in rules and regulations adopted
by the secretary for aging and disability services, or has been convicted of
or has been adjudicated a juvenile offender because of having committed
an act that if done by an adult would constitute the commission of capital
murder, pursuant to K.S.A. 21-3439 or 21-5401, prior to its their repeal, or
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K.S.A. 21-5401, aggravated murder, pursuant to section 2, and
amendments thereto, first degree murder, pursuant to K.S.A. 21-3401,
prior to its repeal, or K.S.A. 21-5402, and amendments thereto, second
degree murder, pursuant to K.S.A. 21-3402(a), prior to its repeal, or
K.S.A. 21-5403(a), and amendments thereto, voluntary manslaughter,
pursuant to K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
amendments thereto, assisting suicide, pursuant to K.S.A. 21-3406, prior
to its repeal, or K.S.A. 21-5407, and amendments thereto, mistreatment of
a dependent adult or mistreatment of an elder person, pursuant to K.S.A.
21-3437, prior to its repeal, or K.S.A. 21-5417, and amendments thereto,
human trafficking, pursuant to K.S.A. 21-3446, prior to its repeal, or
K.S.A. 21-5426(a), and amendments thereto, aggravated human
trafficking, pursuant to K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-
5426(b), and amendments thereto, rape, pursuant to K.S.A. 21-3502, prior
to its repeal, or K.S.A. 21-5503, and amendments thereto, indecent
liberties with a child, pursuant to K.S.A. 21-3503, prior to its repeal, or
K.S.A. 21-5506(a), and amendments thereto, aggravated indecent liberties
with a child, pursuant to K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-
5506(b), and amendments thereto, aggravated criminal sodomy, pursuant
to K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and
amendments thereto, indecent solicitation of a child, pursuant to K.S.A.
21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments
thereto, aggravated indecent solicitation of a child, pursuant to K.S.A. 21-
3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto,
sexual exploitation of a child, pursuant to K.S.A. 21-3516, prior to its
repeal, or K.S.A. 21-5510, and amendments thereto, sexual battery,
pursuant to K.S.A. 21-3517, prior to its repeal, or K.S.A. 21-5505(a), and
amendments thereto, aggravated sexual battery, pursuant to K.S.A. 21-
3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto,
commercial sexual exploitation of a child, pursuant to K.S.A. 21-6422, and
amendments thereto, an attempt to commit any of the crimes listed in this
paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
5301, and amendments thereto, a conspiracy to commit any of the crimes
listed in this paragraph, pursuant to K.S.A. 21-3302, prior to its repeal, or
K.S.A. 21-5302, and amendments thereto, or criminal solicitation of any of
the crimes listed in this paragraph, pursuant to K.S.A. 21-3303, prior to its
repeal, or K.S.A. 21-5303, and amendments thereto, or similar statutes of
other states or the federal government. The provisions of subsection (b)(2)
(C) shall not apply to any person who is employed by an adult care home
on or before July 1, 2010, and while continuously employed by the same
adult care home or to any person during or upon successful completion of
a diversion agreement.
(2) (A) A person operating an adult care home may employ an
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applicant who has been convicted of any of the following if six or more
years have elapsed since completion of the sentence imposed or the
applicant was discharged from probation, a community correctional
services program, parole, postrelease supervision, conditional release or a
suspended sentence; if six or more years have elapsed since the applicant
has been finally discharged from the custody of the commissioner of
juvenile justice or from probation or has been adjudicated a juvenile
offender, whichever time is longer; or if the applicant has been granted a
waiver of such six-year disqualification: A felony conviction for a crime
that is described in:
(A)(i) Article 34 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or article 54 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, except those crimes listed in
subsection (b)(1);
(B)(ii) articles 35 or 36 of chapter 21 of the Kansas Statutes
Annotated, prior to their repeal, or article 55 or 56 of chapter 21 of the
Kansas Statutes Annotated, or K.S.A. 21-6420, and amendments thereto,
except those crimes listed in subsection (b)(1) and K.S.A. 21-3605, prior
to its repeal, or K.S.A. 21-5606, and amendments thereto;
(C)(iii) K.S.A. 21-3701, prior to its repeal, or K.S.A. 21-5801, and
amendments thereto;
(D)(iv) an attempt to commit any of the crimes listed in this
paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
5301, and amendments thereto;
(E)(v) a conspiracy to commit any of the crimes listed in this
paragraph, pursuant to K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-
5302, and amendments thereto;
(F)(vi) criminal solicitation of any of the crimes listed in this
paragraph, pursuant to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-
5303, and amendments thereto; or
(G)(vii) similar statutes of other states or the federal government.
(B) An individual who has been disqualified for employment due to
conviction or adjudication of an offense listed in this paragraph (2) may
apply to the secretary for aging and disability services for a waiver of such
disqualification if five years have elapsed since completion of the sentence
for such conviction. The secretary shall adopt rules and regulations
establishing the waiver process and criteria to be considered by the
secretary in evaluating any such waiver request.
(3) (A) A person operating an adult care home may employ an
applicant who has been convicted of any of the following if six or more
years have elapsed since completion of the sentence imposed or the
applicant was discharged from probation, a community correctional
services program, parole, postrelease supervision, conditional release or a
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suspended sentence; if six or more years have elapsed since the applicant
has been finally discharged from the custody of the commissioner of
juvenile justice or from probation or has been adjudicated a juvenile
offender, whichever time is longer; or if the applicant has been granted a
waiver of such six-year disqualification:
(i) Interference with custody of a committed person pursuant to
K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and amendments
thereto; mistreatment of a confined person pursuant to K.S.A. 21-3425,
prior to its repeal, or K.S.A. 21-5416, and amendments thereto; unlawful
administration of a substance pursuant to K.S.A. 21-3445, prior to its
repeal, or K.S.A. 21-5425, and amendments thereto; violation of a
protective order pursuant to K.S.A. 21-3843, prior to its repeal, or K.S.A.
21-5924, and amendments thereto; promoting obscenity or promoting
obscenity to minors pursuant to K.S.A. 21-4301 or 21-4301a, prior to their
repeal, or K.S.A. 21-6401, and amendments thereto; or cruelty to animals
pursuant to K.S.A. 21-3727, 21-4310 or 21-4311, prior to their repeal, or
K.S.A. 21-6412, and amendments thereto; or
(ii) any felony conviction of: Unlawful manufacture of a controlled
substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to its repeal, or
K.S.A. 21-5703, and amendments thereto; unlawful cultivation or
distribution of a controlled substance pursuant to K.S.A. 2010 Supp. 21-
36a05, prior to its repeal, or K.S.A. 21-5705, and amendments thereto;
unlawful manufacture, distribution, cultivation or possession of a
controlled substance using a communication facility pursuant to K.S.A.
2010 Supp. 21-36a07, prior to its repeal, or K.S.A. 21-5707, and
amendments thereto; unlawful obtainment or sale of a prescription-only
drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior to its repeal, or K.S.A.
21-5708, and amendments thereto; unlawful distribution of drug
precursors or drug paraphernalia pursuant to K.S.A. 2010 Supp. 21-36a10,
prior to its repeal, or K.S.A. 21-5710, and amendments thereto; unlawful
distribution or possession of a simulated controlled substance pursuant to
K.S.A. 2010 Supp. 21-36a13, prior to its repeal, or K.S.A. 21-5713, and
amendments thereto; forgery pursuant to K.S.A. 21-3710, prior to its
repeal, or K.S.A. 21-5823, and amendments thereto; criminal use of a
financial card pursuant to K.S.A. 21-3729, prior to its repeal, or K.S.A. 21-
5828, and amendments thereto; any violation of the Kansas medicaid fraud
control act pursuant to K.S.A. 21-3844 et seq., prior to their repeal, or
K.S.A. 21-5925 et seq., and amendments thereto; making a false claim,
statement or representation to the medicaid program pursuant to K.S.A.
21-3846, prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
unlawful acts relating to the medicaid program pursuant to K.S.A. 21-
3847, prior to its repeal, or K.S.A. 21-5928, and amendments thereto;
obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-3856,
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prior to its repeal, or K.S.A. 21-5929, and amendments thereto; identity
theft or identity fraud pursuant to K.S.A. 2010 Supp. 21-4018, prior to its
repeal, or K.S.A. 21-6107, and amendments thereto; or social welfare
fraud pursuant to K.S.A. 39-720, and amendments thereto.
(B) The provisions of this paragraph (3) shall not apply to any person
who is employed by an adult care home on or before July 1, 2018, and is
continuously employed by the same adult care home or to any person
during or upon successful completion of a diversion agreement.
(C) An individual who has been disqualified for employment due to
conviction or adjudication of an offense listed in this paragraph (3) may
apply to the secretary for aging and disability services for a waiver of such
disqualification if five years have elapsed since completion of the sentence
for such conviction. The secretary shall adopt rules and regulations
establishing the waiver process and criteria to be considered by the
secretary in evaluating any such waiver request.
(c) No person shall operate an adult care home if such person has
been found to be in need of a guardian or conservator, or both as provided
in the act for obtaining a guardian or a conservator, or both. The provisions
of this subsection shall not apply to an individual who, as a minor, was
found to be in need of a guardian or conservator for reasons other than
impairment.
(d) (1) The Kansas bureau of investigation shall release all records of
adult and juvenile convictions and adjudications and adult and juvenile
convictions and adjudications of any other state or country concerning
persons working in an adult care home to the secretary for aging and
disability services in accordance with K.S.A. 2024 Supp. 22-4714, and
amendments thereto.
(2) The department may require an applicant to be fingerprinted and
to submit to a state and national criminal history record check in
accordance with K.S.A. 2024 Supp. 22-4714, and amendments thereto.
(3) An applicant for employment in an adult care home shall have 20
calendar days after receipt of authorization to submit the applicant's
fingerprints through an authorized collection site in order to be eligible for
provisional employment or the applicant's application shall be deemed
withdrawn.
(4) (A) The current or prospective employer of an applicant shall pay
a reasonable fee for criminal history record information to the department
for each applicant submitted.
(B) The prospective employer, employee or independent contractor
shall pay the fingerprint collection fee at the time of fingerprinting to the
authorized collection site.
(5) If an applicant disputes the contents of a criminal history record
check, then the applicant may file an appeal with the Kansas bureau of
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investigation.
(6) Individuals who have been disqualified for employment by reason
of their criminal history records and who have met the requirements of this
subsection may apply for a waiver with the department within 30 days of
the receipt of the notice of employment prohibition.
(7) The department shall adopt rules and regulations specifying the
criteria and procedure for issuing a waiver of the employment prohibition.
The secretary shall consider the following criteria when rendering a
decision on such a waiver request: Passage of time; extenuating
circumstances; demonstration of rehabilitation; and relevancy of the
criminal history record information to the position for which the applicant
is applying. Any employment prohibition issued shall remain in effect
unless or until a waiver is granted.
(e) For the purpose of complying with this section, the operator of an
adult care home shall request from the Kansas department for aging and
disability services an eligibility determination regarding adult and juvenile
convictions and adjudications. For the purpose of complying with this
section, the operator of an adult care home shall receive from any
employment agency or independent contractor that provides employees to
work in the adult care home written certification that such employees are
not prohibited from working in the adult care home under this section. For
the purpose of complying with this section, a person who operates an adult
care home may hire an applicant for provisional employment on a one-
time basis of 60 calendar days pending the results from the Kansas
department for aging and disability services of a request for information
under this subsection. A provisional employee may only be supervised by
an employee that has completed all training required by federal
regulations, rules and regulations of the department and the adult care
home's policies and procedures. No adult care home, the operator or
employees of an adult care home or an employment agency or an
independent contractor shall be liable for civil damages resulting from any
decision to employ, to refuse to employ or to discharge from employment
any person based on such adult care home's compliance with the
provisions of this section if such adult care home or employment agency
acts in good faith to comply with this section.
(f) The secretary for aging and disability services shall provide each
operator requesting information under this section with a pass or fail
determination after review of any criminal history record information in
writing and within three working days of receipt of such information from
the Kansas bureau of investigation or the federal bureau of investigation.
(g) A person who volunteers in an adult care home shall not be
subject to the provisions of this section unless the volunteer performs
equivalent functions to those performed by direct access employees.
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(h) No person who has been continuously employed by the same
adult care home since July 1, 1992, shall be subject to the provisions of
this section while employed by such adult care home.
(i) The operator of an adult care home shall not be required under this
section to conduct a criminal history record check on an applicant for
employment with the adult care home if the applicant has been the subject
of a criminal history record check under this act within one year prior to
the application for employment with the adult care home.
(j) No person who is in the custody of the secretary of corrections and
who provides services, under direct supervision in nonpatient areas, on the
grounds or other areas designated by the superintendent of the Kansas
soldiers' home or the Kansas veterans' home shall be subject to the
provisions of this section while providing such services.
(k) (1) All fees charged by the secretary for criminal history record
checks conducted pursuant to this section shall be established by rules and
regulations of the secretary.
(2) All moneys collected and remitted to the Kansas department for
aging and disability services for fees charged for criminal history record
checks conducted pursuant to this section shall be remitted to the state
treasurer in accordance with K.S.A. 75-4215, and amendments thereto.
Upon receipt of each such remittance, the state treasurer shall deposit the
entire amount into the state treasury to the credit of the state licensure fee
fund created by K.S.A. 39-930, and amendments thereto.
(l) The Kansas department for aging and disability services may
implement the amendments made to this section by this act in phases for
different categories of employers. The department shall adopt rules and
regulations establishing dates and procedures for the implementation of the
criminal history record checks required by this section, and such dates may
be staggered to facilitate implementation of the criminal history record
checks required by this section.
(m) Upon authorization by the secretary for aging and disability
services, other state agencies may access an internet-based application
portal that is operated and maintained by the Kansas department for aging
and disability services for purposes of processing criminal history record
information requests in accordance with this section. Agencies may not
share criminal history record information or the resulting pass or fail
determinations with any other agency. The secretary for aging and
disability services may charge an authorized agency the amount of $1 per
request made pursuant to this subsection.
(n) This section shall be a part of and supplemental to the adult care
home licensure act.
Sec. 26. K.S.A. 2024 Supp. 39-2009 is hereby amended to read as
follows: 39-2009. (a) As used in this section:
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(1) "Applicant" means an individual who applies for employment
with a center, facility, hospital or a provider of services or applies to work
for an employment agency or as an independent contractor that provides
staff to a center, facility, hospital or a provider of services.
(2) "Completion of the sentence" means the last day of the entire term
of incarceration imposed by a sentence, including any term that is
deferred, suspended or subject to parole, probation, diversion, community
corrections, fines, fees, restitution or any other imposed sentencing
requirements.
(3) "Department" means the Kansas department for aging and
disability services.
(4) "Direct access" means work that involves an actual or reasonable
expectation of one-on-one interaction with a consumer or a consumer's
property, personally identifiable information, medical records, treatment
information or financial information.
(5) "Direct supervision" means that a supervisor is physically present
within an immediate distance to a supervisee and is available to provide
constant direction, feedback and assistance to a client and the supervisee.
(6) "Employment agency" means an organization or entity that has a
contracted relationship with a center, hospital, facility or provider of
services to provide staff with direct access to consumers.
(7) "Independent contractor" means an organization, entity, agency or
individual that provides contracted workers or services to a center, facility,
hospital or provider of services.
(8) "Day service provider" means a provider of day support services
for development in self-help, social skills, recreational skills and work
skills for adults with intellectual or developmental disabilities that is
licensed by the department or a separate and distinct dedicated division of
a provider of day support services for development in self-help, social
skills, recreational skills and work skills for adults with intellectual or
developmental disabilities licensed by the department.
(b) (1) No licensee shall knowingly operate a center, facility, hospital
or be a provider of services if any person who works in the center, facility,
hospital or for a provider of services has adverse findings on any state or
national registry, as defined in rules and regulations adopted by the
secretary for aging and disability services, or has been convicted of or has
been adjudicated a juvenile offender because of having committed an act
which, if committed by an adult, would constitute the commission of
capital murder, pursuant to K.S.A. 21-3439 or 21-5401, prior to its their
repeal, or K.S.A. 21-5401, aggravated murder, pursuant to section 2, and
amendments thereto, first degree murder, pursuant to K.S.A. 21-3401,
prior to its repeal, or K.S.A. 21-5402, and amendments thereto, second
degree murder, pursuant to K.S.A. 21-3402(a), prior to its repeal, or
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K.S.A. 21-5403(a), and amendments thereto, voluntary manslaughter,
pursuant to K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
amendments thereto, assisting suicide, pursuant to K.S.A. 21-3406, prior
to its repeal, or K.S.A. 21-5407, and amendments thereto, mistreatment of
a dependent adult or mistreatment of an elder person, pursuant to K.S.A.
21-3437, prior to its repeal, or K.S.A. 21-5417, and amendments thereto,
human trafficking, pursuant to K.S.A. 21-3446, prior to its repeal, or
K.S.A. 21-5426(a), and amendments thereto, aggravated human
trafficking, pursuant to K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-
5426(b), and amendments thereto, rape, pursuant to K.S.A. 21-3502, prior
to its repeal, or K.S.A. 21-5503, and amendments thereto, indecent
liberties with a child, pursuant to K.S.A. 21-3503, prior to its repeal, or
K.S.A. 21-5506(a), and amendments thereto, aggravated indecent liberties
with a child, pursuant to K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-
5506(b), and amendments thereto, aggravated criminal sodomy, pursuant
to K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and
amendments thereto, indecent solicitation of a child, pursuant to K.S.A.
21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments
thereto, aggravated indecent solicitation of a child, pursuant to K.S.A. 21-
3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto,
sexual exploitation of a child, pursuant to K.S.A. 21-3516, prior to its
repeal, or K.S.A. 21-5510, and amendments thereto, sexual battery,
pursuant to K.S.A. 21-3517, prior to its repeal, or K.S.A. 21-5505(a), and
amendments thereto, aggravated sexual battery, pursuant to K.S.A. 21-
3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto,
commercial sexual exploitation of a child, pursuant to K.S.A. 21-6422, and
amendments thereto, an attempt to commit any of the crimes listed in this
paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
5301, and amendments thereto, a conspiracy to commit any of the crimes
listed in this paragraph, pursuant to K.S.A. 21-3302, prior to its repeal, or
K.S.A. 21-5302, and amendments thereto, or criminal solicitation of any of
the crimes listed in this paragraph, pursuant to K.S.A. 21-3303, prior to its
repeal, or K.S.A. 21-5303, and amendments thereto, or similar statutes of
other states or the federal government.
(2) (A) A licensee operating a center, facility or hospital or as a
provider of services may employ an applicant who has been convicted of
any of the following if six or more years have elapsed since completion of
the sentence imposed or the applicant was discharged from probation, a
community correctional services program, parole, postrelease supervision,
conditional release or a suspended sentence; if six or more years have
elapsed since a community correctional services program, parole,
postrelease supervision, conditional release or a suspended sentence; or if
the applicant has been granted a waiver of such six-year disqualification: A
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felony conviction for a crime that is described in:
(i) Article 34 of chapter 21 of the Kansas Statutes Annotated, prior to
their repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated,
and amendments thereto, except those crimes listed in paragraph (1);
(ii) article 35 or 36 of chapter 21 of the Kansas Statutes Annotated,
and amendments thereto, prior to their repeal, or article 55 or 56 of chapter
21 of the Kansas Statutes Annotated or K.S.A. 21-6420, and amendments
thereto, except those crimes listed in paragraph (1);
(iii) K.S.A. 21-3701, prior to its repeal, or K.S.A. 21-5801, and
amendments thereto;
(iv) an attempt to commit any of the crimes listed in this paragraph
pursuant to K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301, and
amendments thereto;
(v) a conspiracy to commit any of the crimes listed in this paragraph
pursuant to K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and
amendments thereto;
(vi) criminal solicitation of any of the crimes listed in this paragraph
pursuant to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and
amendments thereto; or
(vii) similar statutes of other states or the federal government.
(B) An individual who has been disqualified for employment due to
conviction or adjudication of an offense listed in this paragraph may apply
to the secretary for aging and disability services for a waiver of such
disqualification if five years have elapsed since completion of the sentence
for such conviction. The secretary shall adopt rules and regulations
establishing the waiver process and the criteria to be utilized by the
secretary in evaluating any such waiver request.
(3) (A) A licensee operating a center, facility, hospital or as a provider
of services may employ an applicant who has been convicted of any of the
following if six or more years have elapsed since completion of the
sentence imposed or the applicant was discharged from probation, a
community correctional services program, parole, postrelease supervision,
conditional release or a suspended sentence; if six or more years have
elapsed since the applicant has been finally discharged from the custody of
the secretary of corrections or from probation or has been adjudicated a
juvenile offender, whichever time is longer; or if the applicant has been
granted a waiver of such six-year disqualification:
(i) Interference with custody of a committed person pursuant to
K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and amendments
thereto; mistreatment of a confined person pursuant to K.S.A. 21-3425,
prior to its repeal, or K.S.A. 21-5416, and amendments thereto; unlawful
administration of a substance pursuant to K.S.A. 21-3445, prior to its
repeal, or K.S.A. 21-5425, and amendments thereto; violation of a
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protective order pursuant to K.S.A. 21-3843, prior to its repeal, or K.S.A.
21-5924; promoting obscenity or promoting obscenity to minors pursuant
to K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401,
and amendments thereto; or cruelty to animals pursuant to K.S.A. 21-
3727, 21-4310 or 21-4311, prior to their repeal, or K.S.A. 21-6412, and
amendments thereto; or
(ii) any felony conviction of: Unlawful manufacture of a controlled
substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to its repeal, or
K.S.A. 21-5703, and amendments thereto; unlawful cultivation or
distribution of a controlled substance pursuant to K.S.A. 2010 Supp. 21-
36a05, prior to its repeal, or K.S.A. 21-5705, and amendments thereto;
unlawful manufacture, distribution, cultivation or possession of a
controlled substance using a communication facility pursuant to K.S.A.
2010 Supp. 21-36a07, prior to its repeal, or K.S.A. 21-5707, and
amendments thereto; unlawful obtainment or sale of a prescription-only
drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior to its repeal, or K.S.A.
21-5708, and amendments thereto; unlawful distribution of drug
precursors or drug paraphernalia pursuant to K.S.A. 2010 Supp. 21-36a10,
prior to its repeal, or K.S.A. 21-5710, and amendments thereto; unlawful
distribution or possession of a simulated controlled substance pursuant to
K.S.A. 2010 Supp. 21-36a13, prior to its repeal, or K.S.A. 21-5713, and
amendments thereto; forgery pursuant to K.S.A. 21-3710, prior to its
repeal, or K.S.A. 21-5823, and amendments thereto; criminal use of a
financial card pursuant to K.S.A. 21-3729, prior to its repeal, or K.S.A. 21-
5828, and amendments thereto; any violation of the Kansas medicaid fraud
control act pursuant to K.S.A. 21-3844 et seq., prior to their repeal, or
K.S.A. 21-5925 et seq., and amendments thereto; making a false claim,
statement or representation to the medicaid program pursuant to K.S.A.
21-3846, prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
unlawful acts relating to the medicaid program pursuant to K.S.A. 21-
3847, prior to its repeal, or K.S.A. 21-5928, and amendments thereto;
obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-3856,
prior to its repeal, or K.S.A. 21-5929, and amendments thereto; identity
theft or identity fraud pursuant to K.S.A. 2010 Supp. 21-4018, prior to its
repeal, or K.S.A. 21-6107, and amendments thereto; or social welfare
fraud pursuant to K.S.A. 39-720, and amendments thereto. The provisions
of this paragraph shall not apply to any person who is employed by a
center, facility, hospital or provider of services on or before July 1, 2018,
and is continuously employed by the same center, facility, hospital or
provider of services or to any person during or upon successful completion
of a diversion agreement.
(B) An individual who has been disqualified for employment due to
conviction or adjudication of an offense listed in this paragraph may apply
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to the secretary for aging and disability services for a waiver of such
disqualification if five years have elapsed since completion of the sentence
for such conviction or adjucation. The secretary shall adopt rules and
regulations establishing the waiver process and criteria to be considered by
the secretary in evaluating any such waiver request.
(c) No licensee shall operate a center, facility, hospital or be a
provider of services if such licensee has been found to be an adult with an
impairment in need of a guardian or a conservator, or both, as provided in
the act for obtaining a guardian or conservator, or both. The provisions of
this subsection shall not apply to an individual who, as a minor, was found
to be in need of a guardian or conservator for reasons other than
impairment.
(d) (1) The Kansas bureau of investigation shall release all records of
adult and juvenile convictions and adjudications and adult and juvenile
convictions and adjudications of any other state or country concerning
persons working in a center, facility, hospital or for a provider of services
to the secretary for aging and disability services. The Kansas bureau of
investigation may charge to the Kansas department for aging and disability
services a reasonable fee for providing criminal history record information
under this subsection in accordance with K.S.A. 2024 Supp. 22-4714, and
amendments thereto.
(2) The department shall may require an applicant to be fingerprinted
and to submit to a state and national criminal history record check in
accordance with K.S.A. 2024 Supp. 22-4714, and amendments thereto. The
fingerprints shall be used to identify the individual and to determine
whether the individual has a record of criminal history in this state or other
jurisdiction. The department is authorized to submit the fingerprints to the
Kansas bureau of investigation and the federal bureau of investigation for
a state and national criminal history record check. The department may use
the information obtained from fingerprinting and the criminal history
record check for purposes of verifying the identification of the person and
for making an official determination of the qualifications and fitness of the
person to work in the center, facility, hospital or for a provider of services.
(3) An applicant for employment in a center, facility, hospital or for a
provider of services shall have 20 calendar days after receipt of
authorization to submit the applicant's fingerprints through an authorized
collection site in order to be eligible for provisional employment or the
applicant's application shall be deemed withdrawn.
(4) (A) The current or prospective employer of an applicant shall pay
a reasonable fee not to exceed $19 of the total cost for criminal history
record information to the department for each applicant submitted.
(B) The prospective employer, employee or independent contractor
shall pay the fingerprint collection fee at the time of fingerprinting to the
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authorized collection site.
(5) If an applicant disputes the contents of a criminal history record
check, then the applicant may file an appeal with the Kansas bureau of
investigation.
(6) Individuals who have been disqualified for employment by reason
of their criminal history records and who have met the requirements of this
subsection may apply for a waiver with the department within 30 days of
the receipt of the notice of employment prohibition.
(7) The department shall adopt rules and regulations specifying the
criteria and procedure for issuing a waiver of the employment prohibition.
The secretary shall consider the following criteria when rendering a
decision on such a waiver request: Passage of time; extenuating
circumstances; demonstration of rehabilitation; and relevancy of the
criminal history record information to the position for which the applicant
is applying. Any employment prohibition issued shall remain in effect
unless or until a waiver is granted.
(e) The secretary shall provide each licensee requesting information
under this section with a pass or fail determination after review of any
criminal history record information in writing and within three working
days of receipt of such information from the Kansas bureau of
investigation or the federal bureau of investigation.
(f) Any licensee or member of the staff who receives information
concerning the fitness or unfitness of any person shall keep such
information confidential, except that the staff person may disclose such
information to the person who is the subject of the request for information.
A violation of this subsection shall be an unclassified misdemeanor
punishable by a fine of $100.
(g) For the purpose of complying with this section, the licensee
operating a center, facility, hospital or a provider of services shall request
from the Kansas department for aging and disability services an eligibility
determination regarding adult and juvenile convictions and adjudications.
For the purpose of complying with this section, the licensee operating a
center, facility, hospital or a provider of services shall receive from any
employment agency or independent contractor that provides employees to
work in the center, facility, hospital or for the provider of services written
certification that such employees are not prohibited from working in the
center, facility, hospital or for the provider of services under this section.
For the purpose of complying with this section, a licensee may hire an
applicant for provisional employment on a one-time basis of 60 calendar
days pending the results from the Kansas department for aging and
disability services of an eligibility determination under this subsection. A
provisional employee may only be supervised by an employee who has
completed all training required by federal regulations, department rules
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and regulations and the center's, facility's, hospital's or provider of
services' policies and procedures. No licensee, its contractors or
employees, shall be liable for civil damages to any person refused
employment or discharged from employment by reason of such licensee's
compliance with the provisions of this section if such licensee acts in good
faith to comply with this section.
(h) The licensee operating a center, facility, hospital or a provider of
services shall not require an applicant under this section to be
fingerprinted, if the applicant has been the subject of a criminal history
record check under this act within one year prior to the application for
employment with the licensee operating a center, facility, hospital or a
provider of services and has maintained a record of continuous
employment, with no lapse of employment of over 90 days in any center,
facility, hospital or a provider of services covered by this act.
Sec. 27. K.S.A. 2024 Supp. 65-5117 is hereby amended to read as
follows: 65-5117. (a) As used in this section:
(1) "Applicant" means an individual who applies for employment
with a home health agency or applies to work for an employment agency
or as an independent contractor that provides staff to a home health
agency.
(2) "Completion of the sentence" means the last day of the entire term
of incarceration imposed by a sentence, including any term that is
deferred, suspended or subject to parole, probation, diversion, community
corrections, fines, fees, restitution or any other imposed sentencing
requirements.
(3) "Department" means the Kansas department for aging and
disability services.
(4) "Direct access" means work that involves an actual or reasonable
expectation of one-on-one interaction with a consumer or a consumer's
property, personally identifiable information, medical records, treatment
information or financial information.
(5) "Direct supervision" means that a supervisor is physically present
within an immediate distance to a supervisee and is available to provide
constant direction, feedback and assistance to a client and the supervisee.
(6) "Employment agency" means an organization or entity that has a
contracted relationship with a home health agency to provide staff with
direct access to consumers.
(7) "Independent contractor" means an organization, entity, agency or
individual that provides contracted workers or services to a home health
agency.
(b) (1) No person shall knowingly operate a home health agency if,
for the home health agency, there works any person who has adverse
findings on any state or national registry, as defined in rules and
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regulations adopted by the secretary for aging and disability services, or
has been convicted of or has been adjudicated a juvenile offender because
of having committed an act that if done by an adult would constitute the
commission of capital murder, pursuant to K.S.A. 21-3439 or 21-5401,
prior to its their repeal, or K.S.A. 21-5401, aggravated murder, pursuant
to section 2, and amendments thereto, first degree murder, pursuant to
K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments
thereto, second degree murder, pursuant to K.S.A. 21-3402(a), prior to its
repeal, or K.S.A. 21-5403(a), and amendments thereto, voluntary
manslaughter, pursuant to K.S.A. 21-3403, prior to its repeal, or K.S.A.
21-5404, and amendments thereto, assisting suicide, pursuant to K.S.A.
21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto,
mistreatment of a dependent adult or mistreatment of an elder person,
pursuant to K.S.A. 21-3437, prior to its repeal, or K.S.A. 21-5417, and
amendments thereto, human trafficking, pursuant to K.S.A. 21-3446, prior
to its repeal, or K.S.A. 21-5426(a), and amendments thereto, aggravated
human trafficking, pursuant to K.S.A. 21-3447, prior to its repeal, or
K.S.A. 21-5426(b), and amendments thereto, rape, pursuant to K.S.A. 21-
3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto,
indecent liberties with a child, pursuant to K.S.A. 21-3503, prior to its
repeal, or K.S.A. 21-5506(a), and amendments thereto, aggravated
indecent liberties with a child, pursuant to K.S.A. 21-3504, prior to its
repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated
criminal sodomy, pursuant to K.S.A. 21-3506, prior to its repeal, or K.S.A.
21-5504(b), and amendments thereto, indecent solicitation of a child,
pursuant to K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and
amendments thereto, aggravated indecent solicitation of a child, pursuant
to K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and
amendments thereto, sexual exploitation of a child, pursuant to K.S.A. 21-
3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto,
sexual battery, pursuant to K.S.A. 21-3517, prior to its repeal, or K.S.A.
21-5505(a), and amendments thereto, aggravated sexual battery, pursuant
to K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and
amendments thereto, commercial sexual exploitation of a child, pursuant
to K.S.A. 21-6422, and amendments thereto, an attempt to commit any of
the crimes listed in this paragraph, pursuant to K.S.A. 21-3301, prior to its
repeal, or K.S.A. 21-5301, and amendments thereto, a conspiracy to
commit any of the crimes listed in this paragraph, pursuant to K.S.A. 21-
3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, or
criminal solicitation of any of the crimes listed in this paragraph, pursuant
to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and amendments
thereto, or similar statutes of other states or the federal government. The
provisions of subsection (b)(2)(C) shall not apply to any person who is
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employed by a home health agency on or before July 1, 2010, and while
continuously employed by the same home health agency or to any person
during or upon successful completion of a diversion agreement.
(2) (A) A person operating a home health agency may employ an
applicant who has been convicted of any of the following if six or more
years have elapsed since completion of the sentence imposed or the
applicant was discharged from probation, a community correctional
services program, parole, postrelease supervision, conditional release or a
suspended sentence;, if six or more years have elapsed since the applicant
has been finally discharged from the custody of the commissioner of
juvenile justice or from probation or has been adjudicated a juvenile
offender, whichever time is longer,; or if the applicant has been granted a
waiver of such six-year disqualification: A felony conviction for a crime
that is described in:
(A)(i) Article 34 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or article 54 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, except those crimes listed in
subsection (b)(1);
(B)(ii) article 35 or 36 of chapter 21 of the Kansas Statutes
Annotated, prior to their repeal, or article 55 or 56 of chapter 21 of the
Kansas Statutes Annotated, or K.S.A. 21-6420, and amendments thereto,
except those crimes listed in subsection (b)(1) and K.S.A. 21-3605, prior
to its repeal, or K.S.A. 21-5606, and amendments thereto;
(C)(iii) K.S.A. 21-3701, prior to its repeal, or K.S.A. 21-5801, and
amendments thereto;
(D)(iv) an attempt to commit any of the crimes listed in this
paragraph pursuant to K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
5301, and amendments thereto;
(E)(v) a conspiracy to commit any of the crimes listed in this
paragraph pursuant to K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-
5302, and amendments thereto;
(F)(vi) criminal solicitation of any of the crimes listed in this
paragraph pursuant to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-
5303, and amendments thereto; or
(G)(vii) similar statutes of other states or the federal government.
(B) An individual who has been disqualified for employment due to
conviction or adjudication of an offense listed in this paragraph (2) may
apply to the secretary for aging and disability services for a waiver of such
disqualification if five years have elapsed since completion of the sentence
for such conviction. The secretary shall adopt rules and regulations
establishing the waiver process and the criteria to be utilized by the
secretary in evaluating any such waiver request.
(3) (A) A person operating a home health agency may employ an
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applicant who has been convicted of any of the following if six or more
years have elapsed since completion of the sentence imposed or the
applicant was discharged from probation, a community correctional
services program, parole, postrelease supervision, conditional release or a
suspended sentence; if six or more years have elapsed since the applicant
has been finally discharged from the custody of the commissioner of
juvenile justice or from probation or has been adjudicated a juvenile
offender, whichever time is longer; or if the applicant has been granted a
waiver of such six-year disqualification:
(i) Interference with custody of a committed person pursuant to
K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and amendments
thereto; mistreatment of a confined person pursuant to K.S.A. 21-3425,
prior to its repeal, or K.S.A. 21-5416, and amendments thereto; unlawful
administration of a substance pursuant to K.S.A. 21-3445, prior to its
repeal, or K.S.A. 21-5425, and amendments thereto; violation of a
protective order pursuant to K.S.A. 21-3843, prior to its repeal, or K.S.A.
21-5924; promoting obscenity or promoting obscenity to minors pursuant
to K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401,
and amendments thereto; or cruelty to animals pursuant to K.S.A. 21-
3727, 21-4310 or 21-4311, prior to their repeal, or K.S.A. 21-6412, and
amendments thereto; or
(ii) any felony conviction of: Unlawful manufacture of a controlled
substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to its repeal, or
K.S.A. 21-5703, and amendments thereto; unlawful cultivation or
distribution of a controlled substance pursuant to K.S.A. 2010 Supp. 21-
36a05, prior to its repeal, or K.S.A. 21-5705, and amendments thereto;
unlawful manufacture, distribution, cultivation or possession of a
controlled substance using a communication facility pursuant to K.S.A.
2010 Supp. 21-36a07, prior to its repeal, or K.S.A. 21-5707, and
amendments thereto; unlawful obtainment or sale of a prescription-only
drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior to its repeal, or K.S.A.
21-5708, and amendments thereto; unlawful distribution of drug
precursors or drug paraphernalia pursuant to K.S.A. 2010 Supp. 21-36a10,
prior to its repeal, or K.S.A. 21-5710, and amendments thereto; unlawful
distribution or possession of a simulated controlled substance pursuant to
K.S.A. 2010 Supp. 21-36a13, prior to its repeal, or K.S.A. 21-5713, and
amendments thereto; forgery pursuant to K.S.A. 21-3710, prior to its
repeal, or K.S.A. 21-5823, and amendments thereto; criminal use of a
financial card pursuant to K.S.A. 21-3729, prior to its repeal, or K.S.A. 21-
5828, and amendments thereto; any violation of the Kansas medicaid fraud
control act pursuant to K.S.A. 21-3844 et seq., prior to their repeal, or
K.S.A. 21-5925 et seq., and amendments thereto; making a false claim,
statement or representation to the medicaid program pursuant to K.S.A.
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21-3846, prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
unlawful acts relating to the medicaid program pursuant to K.S.A. 21-
3847, prior to its repeal, or K.S.A. 21-5928, and amendments thereto;
obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-3856,
prior to its repeal, or K.S.A. 21-5929, and amendments thereto; identity
theft or identity fraud pursuant to K.S.A. 21-4018, prior to its repeal, or
K.S.A. 21-6107, and amendments thereto; or social welfare fraud pursuant
to K.S.A. 39-720, and amendments thereto. The provisions of this
paragraph shall not apply to any person who is employed by a home health
agency on or before July 1, 2018, and is continuously employed by the
same home health agency or to any person during or upon successful
completion of a diversion agreement.
(B) An individual who has been disqualified for employment due to
conviction or adjudication of an offense listed in this paragraph (3) may
apply to the secretary for aging and disability services for a waiver of such
disqualification if five years have elapsed since completion of the sentence
for such conviction. The secretary shall adopt rules and regulations
establishing the waiver process and criteria to be considered by the
secretary in evaluating any such waiver request.
(c) No person shall operate a home health agency if such person has
been found to be a person in need of a guardian or a conservator, or both,
as provided in the act for obtaining a guardian or a conservator, or both.
The provisions of this subsection shall not apply to an individual who, as a
minor, was found to be in need of a guardian or conservator for reasons
other than impairment.
(d) (1) The Kansas bureau of investigation shall release all records of
adult and juvenile convictions and adjudications and adult and juvenile
convictions and adjudications of any other state or country concerning
persons working in a home health agency to the secretary for aging and
disability services in accordance with K.S.A. 2024 Supp. 22-4714, and
amendments thereto.
(2) The department may require an applicant to be fingerprinted and
to submit to a state and national criminal history record check in
accordance with K.S.A. 2024 Supp. 22-4714, and amendments thereto.
(3) An applicant for employment in a home health agency shall have
20 calendar days after receipt of authorization to submit the applicant's
fingerprints through an authorized collection site in order to be eligible for
provisional employment or the applicant's application shall be deemed
withdrawn.
(4) (A) The current or prospective employer of an applicant shall pay
a reasonable fee for criminal history record information to the department
for each applicant submitted.
(B) The prospective employer, employee or independent contractor
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shall pay the fingerprint collection fee at the time of fingerprinting to the
authorized collection site.
(5) If an applicant disputes the contents of a criminal history record
check, then the applicant may file an appeal with the Kansas bureau of
investigation.
(6) Individuals who have been disqualified for employment by reason
of their criminal history records and who have met the requirements of this
subsection may apply for a waiver with the department within 30 days of
the receipt of the notice of employment prohibition.
(7) The department shall adopt rules and regulations specifying the
criteria and procedure for issuing a waiver of the employment prohibition.
The secretary shall consider the following criteria when rendering a
decision on such a waiver request: Passage of time; extenuating
circumstances; demonstration of rehabilitation; and relevancy of the
criminal history record information to the position for which the applicant
is applying. Any employment prohibition issued shall remain in effect
unless or until a waiver is granted.
(e) For the purpose of complying with this section, the operator of a
home health agency shall request from the Kansas department for aging
and disability services an eligibility determination regarding adult and
juvenile convictions and adjudications. For the purpose of complying with
this section, a person who operates a home health agency may hire an
applicant for provisional employment on a one-time basis of 60 calendar
days pending the results from the Kansas department for aging and
disability services of a request for information under this subsection. A
provisional employee may only be supervised by an employee who has
completed all training required by federal regulations, rules and
regulations of the department and the home health agency's policies and
procedures. No home health agency, the operator or employees of a home
health agency or an employment agency or an independent contractor shall
be liable for civil damages resulting from any decision to employ, to refuse
to employ or to discharge from employment any person based on such
home health agency's compliance with the provisions of this section if
such home health agency or employment agency acts in good faith to
comply with this section.
(f) The secretary for aging and disability services shall provide each
operator requesting information under this section with a pass or fail
determination after review of any criminal history information in writing
and within three working days of receipt of such information from the
Kansas bureau of investigation or the federal bureau of investigation.
(g) A person who volunteers to assist a home health agency shall not
be subject to the provisions of this section unless the volunteer performs
functions equivalent to functions performed by direct access employees.
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(h) No person who has been continuously employed by the same
home health agency since July 1, 1992, shall be subject to the
requirements of this section while employed by such home health agency.
(i) The operator of a home health agency shall not be required under
this section to conduct a criminal history record check on an applicant for
employment with the home health agency if the applicant has been the
subject of a criminal history record check under this act within one year
prior to the application for employment with the home health agency.
(j) No person who is in the custody of the secretary of corrections and
who provides services, under direct supervision in non-patient areas, on
the grounds or other areas designated by the superintendent of the Kansas
soldiers' home or the Kansas veterans' home shall be subject to the
provisions of this section while providing such services.
(k) (1) All fees charged by the secretary for criminal history record
checks conducted pursuant to this section shall be established by rules and
regulations of the secretary.
(2) All moneys collected and remitted to the department for fees
charged for criminal history record checks conducted pursuant to this
section shall be remitted to the state treasurer in accordance with K.S.A.
65-5113, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount into the state treasury to
the credit of the state licensure fee fund created by K.S.A. 39-930, and
amendments thereto.
(l) The department may implement the amendments made to this
section by this act in phases for different categories of employers. The
department shall adopt rules and regulations establishing dates and
procedures for the implementation of the criminal history record checks
required by this section, and such dates may be staggered to facilitate
implementation of the criminal history record checks required by this
section.
(m) This section shall be a part of and supplemental to the provisions
of article 51 of chapter 65 of the Kansas Statutes Annotated, and
amendments thereto.
Sec. 28. K.S.A. 72-2165 is hereby amended to read as follows: 72-
2165. (a) The state board of education shall not knowingly issue a license
to or renew the license of any person who has been convicted of:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior
to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A.
21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
thereto;
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(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510,
prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A.
21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments
thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
to its repeal, or K.S.A. 21-5510, and amendments thereto;
(9) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(10) aggravated endangering a child, as defined in K.S.A. 21-3608a,
prior to its repeal, or K.S.A. 21-5601(b), and amendments thereto;
(11) abuse of a child, as defined in K.S.A. 21-3609, prior to its repeal,
or K.S.A. 21-5602, and amendments thereto;
(12) capital murder, as defined in K.S.A. 21-3439 or 21-5401, prior
to its repeal, or K.S.A. 21-5401,;
(13) aggravated murder, as defined in section 2, and amendments
thereto;
(13)(14) murder in the first degree, as defined in K.S.A. 21-3401,
prior to its repeal, or K.S.A. 21-5402, and amendments thereto;
(14)(15) murder in the second degree, as defined in K.S.A. 21-3402,
prior to its repeal, or K.S.A. 21-5403, and amendments thereto;
(15)(16) voluntary manslaughter, as defined in K.S.A. 21-3403, prior
to its repeal, or K.S.A. 21-5404, and amendments thereto;
(16)(17) involuntary manslaughter, as defined in K.S.A. 21-3404,
prior to its repeal, or K.S.A. 21-5405, and amendments thereto;
(17)(18) involuntary manslaughter while driving under the influence
of alcohol or drugs, as defined in K.S.A. 21-3442, prior to its repeal;
(18)(19) sexual battery, as defined in K.S.A. 21-3517, prior to its
repeal, or K.S.A. 21-5505(a), and amendments thereto, when, at the time
the crime was committed, the victim was less than 18 years of age or a
student of the person committing such crime;
(19)(20) aggravated sexual battery, as defined in K.S.A. 21-3518,
prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(20)(21) commercial sexual exploitation of a child, as defined in
K.S.A. 21-6422, and amendments thereto;
(21)(22) human trafficking, as defined in K.S.A. 21-3446, prior to its
repeal, or K.S.A. 21-5426(a), and amendments thereto;
(22)(23) aggravated human trafficking, as defined in K.S.A. 21-3447,
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prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto;
(23)(24) attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A.
21-5301, and amendments thereto, to commit any act specified in this
subsection;
(24)(25) conspiracy under K.S.A. 21-3302, prior to its repeal, or
K.S.A. 21-5302, and amendments thereto, to commit any act specified in
this subsection;
(25)(26) an act in another state or by the federal government that is
comparable to any act described in this subsection; or
(26)(27) an offense in effect at any time prior to the effective date of
this act that is comparable to an offense as provided in this subsection.
(b) Except as provided in subsection (c), the state board of education
shall not knowingly issue a license to or renew the license of any person
who has been convicted of, or has entered into a criminal diversion
agreement after having been charged with:
(1) A felony under K.S.A. 2010 Supp. 21-36a01 through 21-36a17,
prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or any felony violation of any
provision of the uniform controlled substances act prior to July 1, 2009;
(2) a felony described in any section of article 34 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21
of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or
21-6418, and amendments thereto, other than an act specified in
subsection (a), or a battery, as described in K.S.A. 21-3412, prior to its
repeal, or K.S.A. 21-5413(a), and amendments thereto, or domestic
battery, as described in K.S.A. 21-3412a, prior to its repeal, or K.S.A. 21-
5414, and amendments thereto, if the victim is a minor or student;
(3) a felony described in any section of 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 21-6421, and
amendments thereto, other than an act specified in subsection (a);
(4) any act described in any section of article 36 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or article 56 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, other than an
act specified in subsection (a);
(5) a felony described in article 37 of chapter 21 of the Kansas
Statutes Annotated, prior to their repeal, or article 58 of chapter 21 of the
Kansas Statutes Annotated, or K.S.A. 21-6412(a)(6), and amendments
thereto;
(6) promoting obscenity, as described in K.S.A. 21-4301, prior to its
repeal, or K.S.A. 21-6401(a), and amendments thereto, promoting
obscenity to minors, as described in K.S.A. 21-4301a, prior to its repeal, or
K.S.A. 21-6401(b), and amendments thereto, or promoting to minors
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obscenity harmful to minors, as described in K.S.A. 21-4301c, prior to its
repeal, or K.S.A. 21-6402, and amendments thereto;
(7) endangering a child, as defined in K.S.A. 21-3608, prior to its
repeal, or K.S.A. 21-5601(a), and amendments thereto;
(8) driving under the influence of alcohol or drugs in violation of
K.S.A. 8-1567 or 8-2,144, and amendments thereto, when the violation is
punishable as a felony;
(9) attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
5301, and amendments thereto, to commit any act specified in this
subsection;
(10) conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A.
21-5302, and amendments thereto, to commit any act specified in this
subsection; or
(11) an act committed in violation of a federal law or in violation of
another state's law that is comparable to any act described in this
subsection.
(c) The state board of education may issue a license to or renew the
license of a person who has been convicted of committing an offense or
act described in subsection (b) or who has entered into a criminal diversion
agreement after having been charged with an offense or act described in
subsection (b) if the state board determines, following a hearing, that the
person has been rehabilitated for a period of at least five years from the
date of conviction of the offense or commission of the act or, in the case of
a person who has entered into a criminal diversion agreement, that the
person has satisfied the terms and conditions of the agreement. The state
board of education may consider factors including, but not limited to, the
following in determining whether to grant a license:
(1) The nature and seriousness of the offense or act;
(2) the conduct of the person subsequent to commission of the
offense or act;
(3) the time elapsed since the commission of the offense or act;
(4) the age of the person at the time of the offense or act;
(5) whether the offense or act was an isolated or recurring incident;
and
(6) discharge from probation, pardon or expungement.
(d) Before any license is denied by the state board of education for
any of the offenses or acts specified in subsections (a) and (b), the person
shall be given notice and an opportunity for a hearing in accordance with
the provisions of the Kansas administrative procedure act.
(e) The county or district attorney shall file a report with the state
board of education indicating the name, address and social security
number of any person who has been determined to have committed any
offense or act specified in subsection (a) or (b) or to have entered into a
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criminal diversion agreement after having been charged with any offense
or act specified in subsection (b). Such report shall be filed within 30 days
of the date of the determination that the person has committed any such act
or entered into any such diversion agreement.
(f) The state board of education shall not be liable for civil damages
to any person refused issuance or renewal of a license by reason of the
state board's compliance, in good faith, with the provisions of this section.
Sec. 29. K.S.A. 75-52,148 is hereby amended to read as follows: 75-
52,148. (a) The department of corrections shall be required to review and
report on the following serious offenses committed by sex offenders, as
defined by K.S.A. 22-4902, and amendments thereto, while such offenders
are in the custody of the secretary of corrections:
(1) Murder in the first degree, as defined in K.S.A. 21-5402, and
amendments thereto;
(2) murder in the second degree, as defined in K.S.A. 21-5403, and
amendments thereto;
(3) capital murder, as defined in K.S.A. 21-5401aggravated murder,
as defined in section 2, and amendments thereto;
(4) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and
amendments thereto;
(6) sexual exploitation of a child, as defined in K.S.A. 21-5510, and
amendments thereto;
(7) kidnapping, as defined in K.S.A. 21-5408(a), and amendments
thereto;
(8) aggravated kidnapping, as defined in K.S.A. 21-5408(b), and
amendments thereto;
(9) criminal restraint, as defined in K.S.A. 21-5411, and amendments
thereto;
(10) indecent solicitation of a child, as defined in K.S.A. 21-5508(a),
and amendments thereto;
(11) aggravated indecent solicitation of a child, as defined in K.S.A.
21-5508(b), and amendments thereto;
(12) indecent liberties with a child, as defined in K.S.A. 21-5506(a),
and amendments thereto;
(13) aggravated indecent liberties with a child, as defined in K.S.A.
21-5506(b), and amendments thereto;
(14) criminal sodomy, as defined in K.S.A. 21-5504(a), and
amendments thereto;
(15) child abuse, as defined in K.S.A. 21-5602, and amendments
thereto;
(16) aggravated robbery, as defined in K.S.A. 21-5420(b), and
amendments thereto;
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(17) burglary, as defined in K.S.A. 21-5807(a), and amendments
thereto;
(18) aggravated burglary, as defined in K.S.A. 21-5807(b), and
amendments thereto;
(19) theft, as defined in K.S.A. 21-5801, and amendments thereto;
(20) vehicular homicide, as defined in K.S.A. 21-5406, and
amendments thereto;
(21) involuntary manslaughter while driving under the influence, as
defined in K.S.A. 21-5405(a)(3) or (a)(5), and amendments thereto; or
(22) stalking, as defined in K.S.A. 21-5427, and amendments thereto.
(b) The secretary of corrections shall submit such report to the
speaker of the house of representatives and the president of the senate
annually, beginning January 1, 2007.
Sec. 30. K.S.A. 21-5301, 21-5401, 21-5402, 21-5419, 21-6614, 21-
6617, 21-6618, 21-6619, 21-6620, 21-6622, 21-6628, 21-6629, 21-6806,
22-2512, 22-4902, 22-4906, 23-3222, 38-2271, 38-2303, 38-2312, 38-
2365, 72-2165 and 75-52,148 and K.S.A. 2024 Supp. 21-6328, 22-3717,
38-2255, 39-970, 39-2009, 39-2009a and 65-5117 are hereby repealed.
Sec. 31. This act shall take effect and be in force from and after its
publication in the statute book.
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