Session of 2025
SENATE BILL No. 71
By Committee on Judiciary
1-23
AN ACT concerning crimes, punishment and criminal procedure; relating
to crimes against public morals; requiring certain offenders to complete
an educational or treatment program regarding commercial sexual
exploitation and requiring the attorney general to approve such
programs in consultation with the office of judicial administration;
removing provisions regarding city ordinances prohibiting buying
sexual relations; increasing the penalties for buying sexual relations;
removing provisions regarding counting prior convictions for purposes
of enhancing penalties; amending K.S.A. 12-4106, 12-4120, 12-4416,
21-5426, 21-6421, 21-6422 and 22-2909 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) On or before July 1, 2026, the attorney general, in
consultation with the office of judicial administration, shall approve one or
more educational or treatment programs regarding commercial sexual
exploitation for use under K.S.A. 21-5426, 21-6421, 21-6422 and 22-2909
and as otherwise permitted by law.
(b) (1) In accordance with the provisions of the rules and regulations
filing act, K.S.A. 77-415 et seq., and amendments thereto, the attorney
general shall adopt, amend and revoke rules and regulations governing the
educational or treatment programs described in subsection (a), including,
but not limited to:
(A) Criteria for the evaluation, approval and monitoring of such
programs;
(B) any form required to implement such programs;
(C) any requirements for staff who will be directly providing services
to clients of such programs; and
(D) any report, record or other information that may be required to be
kept and maintained by such programs.
(2) On or before January 1, 2026, the attorney general shall adopt
rules and regulations required for the approval and operation of the
educational or treatment programs described in subsection (a).
Sec. 2. K.S.A. 12-4106 is hereby amended to read as follows: 12-
4106. (a) The municipal judge shall have the power to administer the oaths
and enforce all orders, rules and judgments made by such municipal judge,
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and may fine or imprison for contempt in the same manner and to the same
extent as a judge of the district court.
(b) The municipal judge shall have the power to hear and determine
all cases properly brought before such municipal judge to: Grant
continuances; sentence those found guilty to a fine or confinement in jail,
or both; commit accused persons to jail in default of bond; determine
applications for parole; release on probation; grant time in which a fine
may be paid; correct a sentence; suspend imposition of a sentence; set
aside a judgment; permit time for post trial motions; and discharge accused
persons.
(c) The municipal judge shall maintain a docket in which every cause
commenced before such municipal judge shall be entered. Such docket
shall contain the names of the accused persons and complainant, the nature
or character of the offense, the date of trial, the names of all witnesses
sworn and examined, the finding of the court, the judgment and sentence,
the date of payment, the date of issuing commitment, if any, and every
other fact necessary to show the full proceedings in each case.
(d) The municipal judge shall promptly make such reports and
furnish the information requested by any departmental justice or the
judicial administrator, in the manner and form prescribed by the supreme
court.
(e) The municipal judge shall ensure that information concerning
dispositions of city ordinance violations that result in convictions
comparable to convictions for offenses under Kansas criminal statutes is
forwarded to the Kansas bureau of investigation central repository. This
information shall be transmitted, on a form or in a format approved by the
attorney general, within 30 days of final disposition.
(f) In all cases alleging a violation of a city ordinance prohibiting the
acts prohibited by K.S.A. 8-2,144, 8-1567, 21-6419 or 32-1131 or K.S.A.
21-6419 or 21-6421, and amendments thereto, the municipal court judge
shall ensure that the municipal court reports the filing and disposition of
such case to the Kansas bureau of investigation central repository, and, on
and after July 1, 2014, reports the filing and disposition of such case
electronically to the Kansas bureau of investigation central repository.
(g) In all cases in which a fine is imposed for a violation of a city
ordinance prohibiting the acts prohibited by K.S.A. 8-2,144 or 8-1567 or
K.S.A. 21-6421, and amendments thereto, the municipal court judge shall
ensure that the municipal court remits the appropriate amount of such fine
to the state treasurer as provided in K.S.A. 12-4120, and amendments
thereto.
Sec. 3. K.S.A. 12-4120 is hereby amended to read as follows: 12-
4120. (a) On and after July 1, 2012, The amount of $250 from each fine
imposed for a violation of a city ordinance prohibiting the acts prohibited
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by K.S.A. 8-1567 or 8-2,144, and amendments thereto, shall be remitted
by the judge or clerk of the municipal court to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
credit the entire amount to the community corrections supervision fund
established by K.S.A. 75-52,113, and amendments thereto.
(b) One-half of each fine imposed for a violation of a city ordinance
prohibiting the acts prohibited by K.S.A. 21-6421, and amendments
thereto, shall be remitted by the judge or clerk of the municipal court to the
state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto, and the remainder shall be remitted as otherwise
permitted by law. Upon receipt of each such remittance, the state treasurer
shall credit the entire amount to the human trafficking victim assistance
fund established by K.S.A. 75-758, and amendments thereto.
(c) On and after July 1, 2017, The amount of $20 from each fine
imposed for a violation of a city ordinance requiring the use of safety belts
for those individuals required by K.S.A. 8-2503(a)(1), and amendments
thereto, shall be remitted by the judge or clerk of the municipal court to the
state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall credit the entire amount to the seat belt safety fund
established by K.S.A. 8-1,181, and amendments thereto.
Sec. 4. K.S.A. 12-4416 is hereby amended to read as follows: 12-
4416. (a) A diversion agreement shall provide that if the defendant fulfills
the obligations of the program described therein, as determined by the city
attorney, the city attorney shall act to have the criminal charges against the
defendant dismissed with prejudice. The diversion agreement shall include
specifically the waiver of all rights under the law or the constitution of
Kansas or of the United States to counsel, a speedy arraignment, a speedy
trial, and the right to trial by jury. The diversion agreement may include,
but is not limited to, provisions concerning payment of restitution,
including court costs and diversion costs, residence in a specified facility,
maintenance of gainful employment, and participation in programs
offering medical, educational, vocational, social and psychological
services, corrective and preventive guidance and other rehabilitative
services. The diversion agreement shall state:
(1) The defendant's full name;
(2) the defendant's full name at the time the complaint was filed, if
different from the defendant's current name;
(3) the defendant's sex, race and date of birth;
(4) the crime with which the defendant is charged;
(5) the date the complaint was filed; and
(6) the municipal court with which the agreement is filed.
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(b) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging a violation of a city ordinance
prohibiting the acts prohibited by K.S.A. 21-6421, and amendments
thereto, the agreement:
(1) Shall include a requirement that the defendant pay a fine specified
by the agreement in an amount equal to an amount authorized by K.S.A.
21-6421, and amendments thereto; and
(2) may include a requirement that the defendant enter into and
complete a suitable educational or treatment program regarding
commercial sexual exploitation.
(c) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging an alcohol related offense, the
diversion agreement shall include a stipulation, agreed to by the defendant
and the city attorney, of the facts upon which the charge is based and a
provision that if the defendant fails to fulfill the terms of the specific
diversion agreement and the criminal proceedings on the complaint are
resumed, the proceedings, including any proceedings on appeal, shall be
conducted on the record of the stipulation of facts relating to the
complaint. In addition, the agreement shall include a requirement that the
defendant:
(1) Pay a fine specified by the agreement in an amount equal to an
amount authorized by K.S.A. 8-1567, and amendments thereto, for a first
offense or, in lieu of payment of the fine, perform community service
specified by the agreement, consonant with K.S.A. 8-1567, and
amendments thereto; and
(2) participate in an alcohol and drug evaluation conducted by a
licensed provider pursuant to K.S.A. 8-1008, and amendments thereto, and
follow any recommendation made by the provider after such evaluation.
(d)(c) If the person entering into a diversion agreement is a
nonresident, the city attorney shall transmit a copy of the diversion
agreement to the division. The division shall forward a copy of the
diversion agreement to the motor vehicle administrator of the person's
state of residence.
(e)(d) If the city attorney elects to offer diversion in lieu of further
criminal proceedings on the complaint and the defendant agrees to all of
the terms of the proposed agreement, the diversion agreement shall be
filed with the municipal court and the municipal court shall stay further
proceedings on the complaint. If the defendant declines to accept
diversion, the municipal court shall resume the criminal proceedings on
the complaint.
(f)(e) The city attorney shall forward to the division of vehicles of the
state department of revenue a copy of the diversion agreement at the time
such agreement is filed with the municipal court. The copy of the
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agreement shall be made available upon request to any county, district or
city attorney or court.
Sec. 5. K.S.A. 21-5426 is hereby amended to read as follows: 21-
5426. (a) Human trafficking is:
(1) Except as provided in subsection (b)(4) and (5), the intentional
recruitment, harboring, transportation, provision or obtaining of a person
for labor or services, through the use of force, fraud or coercion for the
purpose of subjecting the person to involuntary servitude or forced labor;
(2) intentionally benefitting financially or by receiving anything of
value from participation in a venture that the person has reason to know
has engaged in acts set forth in subsection (a)(1);
(3) knowingly coercing employment by obtaining or maintaining
labor or services that are performed or provided by another person through
any of the following:
(A) Causing or threatening to cause physical injury to any person;
(B) physically restraining or threatening to physically restrain another
person;
(C) abusing or threatening to abuse the law or legal process;
(D) threatening to withhold food, lodging or clothing; or
(E) knowingly destroying, concealing, removing, confiscating or
possessing any actual or purported government identification document of
another person; or
(4) knowingly holding another person in a condition of peonage in
satisfaction of a debt owed the person who is holding such other person.
(b) Aggravated human trafficking is:
(1) Human trafficking, as defined in subsection (a), involving the
commission or attempted commission of kidnapping, as defined in K.S.A.
21-5408(a), and amendments thereto;
(2) human trafficking, as defined in subsection (a), committed in
whole or in part for the purpose of the sexual gratification of the defendant
or another;
(3) human trafficking, as defined in subsection (a), resulting in a
death;
(4) recruiting, harboring, transporting, providing or obtaining, by any
means, a child knowing that the child, with or without force, fraud, threat
or coercion, will be used to engage in:
(A) Forced labor;
(B) involuntary servitude; or
(C) sexual gratification of the defendant or another involving the
exchange of anything of value; or
(5) hiring a child by giving, or offering or agreeing to give, anything
of value to any person, to engage in manual or other bodily contact
stimulation of the genitals of any person with the intent to arouse or gratify
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the sexual desires of the offender or another, sexual intercourse, sodomy or
any unlawful sexual act, and the offender recklessly disregards the age of
the child.
(c) (1) Human trafficking is a severity level 2, person felony.
(2) Aggravated human trafficking is a severity level 1, person felony,
except as provided in subsection (c)(3).
(3) Aggravated human trafficking or attempt, conspiracy or criminal
solicitation to commit aggravated human trafficking is an off-grid person
felony, when the offender is 18 years of age or older and the victim is less
than 14 years of age.
(4) In addition to any other sentence imposed, a person convicted
under subsection (c)(1) shall be fined not less than $2,500 nor more than
$5,000. In addition to any other sentence imposed, a person convicted
under subsection (c)(2) or (c)(3) shall be fined not less than $5,000. All
fines collected pursuant to this section shall be remitted to the human
trafficking victim assistance fund created by K.S.A. 75-758, and
amendments thereto.
(5) In addition to any other sentence imposed, for any conviction
under this section,:
(A) Occurring prior to July 1, 2026, the court may order the person
convicted to enter into and complete a suitable educational or treatment
program regarding commercial sexual exploitation of a child; and
(B) occurring on or after July 1, 2026, the court may order the
person convicted to enter into and complete an educational or treatment
program approved by the attorney general pursuant to section 1, and
amendments thereto, regarding commercial sexual exploitation.
(d) If the offender is 18 years of age or older and the victim is less
than 14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to a
violation of attempting to commit the crime of aggravated human
trafficking pursuant to this section;
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to a
violation of conspiracy to commit the crime of aggravated human
trafficking pursuant to this section; and
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to a
violation of criminal solicitation to commit the crime of aggravated human
trafficking pursuant to this section.
(e) It shall be an affirmative defense to any prosecution under
subsection (b)(4) or (5) that the defendant:
(1) Was under 18 years of age at the time of the violation; and
(2) committed the violation because such defendant, at the time of
the violation, was subjected to human trafficking or aggravated human
trafficking, as defined by this section.
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(f) It shall not be a defense to a charge of aggravated human
trafficking, as defined in subsection (b)(4) or (5), that:
(1) The victim consented or willingly participated in the forced labor,
involuntary servitude or sexual gratification of the defendant or another; or
(2) the offender had no knowledge of the age of the victim.
(g) A person who violates the provisions of this section may also be
prosecuted for, convicted of, and punished for commercial sexual
exploitation of a child, as defined by K.S.A. 21-6422, and amendments
thereto, or for any form of homicide.
(h) The provisions of this section shall not apply to the use of the
labor of any person incarcerated in a state or county correctional facility or
city jail.
(i) As used in this section:
(1) "Child" means a person under 18 years of age; and
(2) "peonage" means a condition of involuntary servitude in which
the victim is forced to work for another person by the use or threat of
physical restraint or physical injury, or by the use or threat of coercion
through law or the legal process.
Sec. 6. K.S.A. 21-6421 is hereby amended to read as follows: 21-
6421. (a) Buying sexual relations is knowingly:
(1) Entering or remaining in a place where sexual relations are being
sold or offered for sale with intent to engage in manual or other bodily
contact stimulation of the genitals of any person with the intent to arouse
or gratify the sexual desires of the offender or another, sexual intercourse,
sodomy or any unlawful sexual act with a person selling sexual relations
who is 18 years of age or older; or
(2) hiring a person selling sexual relations who is 18 years of age or
older to engage in manual or other bodily contact stimulation of the
genitals of any person with the intent to arouse or gratify the sexual desires
of the offender or another, sexual intercourse, sodomy or any unlawful
sexual act.
(b) (1) Buying sexual relations is a:
(A) Class A person misdemeanor, except as provided in subsection
(b)(1)(B); and
(B) severity level 9, person felony when committed by a person who
has, prior to the commission of the crime, been convicted of a violation of
this section, or any prior version of this section.
(2) In addition to any other sentence imposed, a person convicted
under this section shall be fined not less than $1,200 $2,000 nor more than
$5,000. One-half of all fines collected pursuant to this section shall be
remitted to the human trafficking victim assistance fund created by K.S.A.
75-758, and amendments thereto, and the remainder shall be remitted as
otherwise provided by law.
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(3) In addition to any other sentence imposed, for any conviction
under this section,:
(A) Occurring prior to July 1, 2026, the court may shall order the
person convicted to enter into and complete a suitable educational or
treatment program regarding commercial sexual exploitation; and
(B) occurring on or after July 1, 2026, the court shall order the
person convicted to enter into and complete an educational or treatment
program approved by the attorney general pursuant to section 1, and
amendments thereto, regarding commercial sexual exploitation.
(c) (1) For the purpose of determining whether a conviction is a first,
second or subsequent conviction in sentencing under this section:
(1) Convictions for a violation of this section, or any prior version of
this section, or a violation of an ordinance of any city or resolution of any
county which prohibits the acts that this section prohibits, or entering into
a diversion agreement in lieu of further criminal proceedings on a
complaint alleging any such violations, shall be taken into account; and
(2) A person may enter into a diversion agreement in lieu of further
criminal proceedings for a violation of this section or an ordinance which
prohibits the acts of this section only once during the person's lifetime.
(2) A person shall not enter into a diversion agreement in lieu of
further criminal proceedings for a violation of this section if such person
has entered into a diversion agreement prior to July 1, 2025, for a
violation of an ordinance that prohibits the acts prohibited by this section.
(d) (1) Nothing contained in this section shall be construed as
preventing any city from enacting ordinances, or any county from adopting
resolutions, declaring acts prohibited or made unlawful by this act as
unlawful or prohibited in such city or county and prescribing penalties for
violation thereof.
(2) The minimum penalty prescribed by any such ordinance or
resolution shall not be less than the minimum penalty prescribed by this
section for the same violation, and the maximum penalty in any such
ordinance or resolution shall not exceed the maximum penalty prescribed
for the same violation.
Sec. 7. K.S.A. 21-6422 is hereby amended to read as follows: 21-
6422. (a) Commercial sexual exploitation of a child is knowingly:
(1) Hiring a person younger than 18 years of age by giving, or
offering or agreeing to give, anything of value to any person, to engage in
a manual or other bodily contact stimulation of the genitals of any person
with the intent to arouse or gratify the sexual desires of the offender or
another, sexual intercourse, sodomy or any unlawful sexual act;
(2) establishing, owning, maintaining or managing any property,
whether real or personal, where sexual relations are being sold or offered
for sale by a person younger than 18 years of age, or participating in the
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establishment, ownership, maintenance or management thereof; or
(3) permitting any property, whether real or personal, partially or
wholly owned or controlled by the defendant to be used as a place where
sexual relations are being sold or offered for sale by a person who is
younger than 18 years of age.
(b) (1) Commercial sexual exploitation of a child is a:
(A) Severity level 4, person felony, except as provided in subsections
(b)(1)(B) and (b)(2); and
(B) severity level 2, person felony when committed by a person who
has, prior to the commission of the crime, been convicted of a violation of
this section, except as provided in subsection (b)(2).
(2) Commercial sexual exploitation of a child or attempt, conspiracy
or criminal solicitation to commit commercial sexual exploitation of a
child is an off-grid person felony when the offender is 18 years of age or
older and the victim is less than 14 years of age.
(3) In addition to any other sentence imposed, a person convicted
under subsection (b)(1)(A) shall be fined not less than $2,500 nor more
than $5,000. In addition to any other sentence imposed, a person convicted
under subsection (b)(1)(B) or (b)(2) shall be fined not less than $5,000. All
fines collected pursuant to this section shall be remitted to the human
trafficking victim assistance fund created by K.S.A. 75-758, and
amendments thereto.
(4) In addition to any other sentence imposed, for any conviction
under this section,:
(A) Occurring prior to July 1, 2026, the court may order the person
convicted to enter into and complete a suitable educational or treatment
program regarding commercial sexual exploitation of a child; and
(B) occurring on or after July 1, 2026, the court may order the
person convicted to enter into and complete an educational or treatment
program approved by the attorney general pursuant to section 1, and
amendments thereto, regarding commercial sexual exploitation.
(c) If the offender is 18 years of age or older and the victim is less
than 14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to a
violation of attempting to commit the crime of commercial sexual
exploitation of a child pursuant to this section;
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to a
violation of conspiracy to commit the crime of commercial sexual
exploitation of a child pursuant to this section; and
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to a
violation of criminal solicitation to commit the crime of commercial
sexual exploitation of a child pursuant to this section.
Sec. 8. K.S.A. 22-2909 is hereby amended to read as follows: 22-
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2909. (a) (1) A diversion agreement shall provide that if the defendant
fulfills the obligations of the program described therein, as determined by
the attorney general or county or district attorney, such attorney shall act to
have the criminal charges against the defendant dismissed with prejudice.
The diversion agreement shall include specifically the waiver of all rights
under the law or the constitution of Kansas or of the United States to a
speedy arraignment, preliminary examinations and hearings, and a speedy
trial, and in the case of diversion under subsection (c) waiver of the rights
to counsel and trial by jury. The diversion agreement may include, but is
not limited to, provisions concerning:
(A) Payment of restitution, including court costs and diversion costs;
(B) residence in a specified facility;
(C) maintenance of gainful employment;
(D) participation in programs offering medical, educational,
vocational, social and psychological services, corrective and preventive
guidance and other rehabilitative services; and
(E) supervision by the county or district attorney, or by court services
or community correctional services pursuant to a memorandum of
understanding entered into by the county or district attorney pursuant to
K.S.A. 22-2907, and amendments thereto, including the diversion
supervision fee and urinalysis costs described in K.S.A. 22-2907, and
amendments thereto, when applicable.
(2) If a county creates a local fund under the property crime
restitution and compensation act, a county or district attorney may require
in all diversion agreements as a condition of diversion the payment of a
diversion fee in an amount not to exceed $100. Such fees shall be
deposited into the local fund and disbursed pursuant to recommendations
of the local board under the property crime restitution and victims
compensation act.
(3) If the attorney general enters into a diversion agreement:
(A) Any diversion costs or fees collected pursuant to such agreement
shall be deposited in the fraud and abuse criminal prosecution fund
established by K.S.A. 75-765, and amendments thereto; and
(B) the attorney general may enter into agreements with the
appropriate county or district attorney or other appropriate parties
regarding the supervision of conditions of such diversion agreement.
(b) The diversion agreement shall state:
(1) The defendant's full name;
(2) the defendant's full name at the time the complaint was filed, if
different from the defendant's current name;
(3) the defendant's sex, race and date of birth;
(4) the crime with which the defendant is charged;
(5) the date the complaint was filed; and
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(6) the district court with which the agreement is filed.
(c) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging a violation of K.S.A. 8-1567, and
amendments thereto, the diversion agreement shall include a stipulation,
agreed to by the defendant, the defendant's attorney if the defendant is
represented by an attorney and the attorney general or county or district
attorney, of the facts upon which the charge is based and a provision that if
the defendant fails to fulfill the terms of the specific diversion agreement
and the criminal proceedings on the complaint are resumed, the
proceedings, including any proceedings on appeal, shall be conducted on
the record of the stipulation of facts relating to the complaint. In addition,
the agreement shall include a requirement that the defendant:
(1) Pay a fine specified by the agreement in an amount equal to an
amount authorized by K.S.A. 8-1567, and amendments thereto, for a first
offense or, in lieu of payment of the fine, perform community service
specified by the agreement, in accordance with K.S.A. 8-1567, and
amendments thereto; and
(2) participate in an alcohol and drug evaluation conducted by a
licensed provider pursuant to K.S.A. 8-1008, and amendments thereto, and
follow any recommendation made by the provider after such evaluation.
(d) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging a domestic violence offense, as
defined in K.S.A. 21-5111, and amendments thereto, the diversion
agreement shall include a requirement that the defendant undergo a
domestic violence offender assessment and follow all recommendations
unless otherwise agreed to with the prosecutor in the diversion agreement.
The defendant shall be required to pay for such assessment and, unless
otherwise agreed to with the prosecutor in the diversion agreement, for
completion of all recommendations.
(e) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging a violation other than K.S.A. 8-1567,
and amendments thereto, the diversion agreement may include a
stipulation, agreed to by the defendant, the defendant's attorney if the
defendant is represented by an attorney and the attorney general or county
or district attorney, of the facts upon which the charge is based and a
provision that if the defendant fails to fulfill the terms of the specific
diversion agreement and the criminal proceedings on the complaint are
resumed, the proceedings, including any proceedings on appeal, shall be
conducted on the record of the stipulation of facts relating to the
complaint.
(f) If the person entering into a diversion agreement is a nonresident,
the attorney general or county or district attorney shall transmit a copy of
the diversion agreement to the division. The division shall forward a copy
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of the diversion agreement to the motor vehicle administrator of the
person's state of residence.
(g) If the attorney general or county or district attorney elects to offer
diversion in lieu of further criminal proceedings on the complaint and the
defendant agrees to all of the terms of the proposed agreement, the
diversion agreement shall be filed with the district court and the district
court shall stay further proceedings on the complaint. If the defendant
declines to accept diversion, the district court shall resume the criminal
proceedings on the complaint.
(h) Except as provided in subsection (i), if a diversion agreement is
entered into in lieu of further criminal proceedings alleging commission of
a misdemeanor by the defendant, while under 21 years of age, under
K.S.A. 21-5701 through 21-5717, and amendments thereto, or K.S.A. 41-
719, 41-727, 41-804, 41-2719 or 41-2720, and amendments thereto, the
agreement shall require the defendant to participate in an alcohol and drug
evaluation conducted by a licensed provider pursuant to K.S.A. 8-1008,
and amendments thereto, and follow any recommendation made by the
provider after such evaluation.
(i) If the defendant is 18 or more years of age but less than 21 years
of age and allegedly committed a violation of K.S.A. 41-727, and
amendments thereto, involving cereal malt beverage, the provisions of
subsection (h) are permissive and not mandatory.
(j) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging a violation of K.S.A. 21-6421, and
amendments thereto, the agreement shall include:
(1) Shall include A requirement that the defendant pay a fine
specified by the agreement in an amount equal to an amount authorized by
K.S.A. 21-6421, and amendments thereto; and
(2) (A) may includefor agreements entered into prior to July 1, 2026,
a requirement that the defendant enter into and complete a suitable
educational or treatment program regarding commercial sexual
exploitation; and
(B) for agreements entered into on or after July 1, 2026, a
requirement that the defendant enter into and complete an educational or
treatment program approved by the attorney general pursuant to section 1,
and amendments thereto, regarding commercial sexual exploitation.
(k) Except diversion agreements reported under subsection (l), the
attorney general or county or district attorney shall forward to the Kansas
bureau of investigation a copy of the diversion agreement at the time such
agreement is filed with the district court. The copy of the agreement shall
be made available upon request to the attorney general or any county,
district or city attorney or court.
(l) At the time of filing the diversion agreement with the district
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court, the attorney general or county or district attorney shall forward to
the division of vehicles of the state department of revenue a copy of any
diversion agreement entered into in lieu of further criminal proceedings on
a complaint alleging a violation of K.S.A. 8-1567, and amendments
thereto. The copy of the agreement shall be made available upon request to
the attorney general or any county, district or city attorney or court.
Sec. 9. K.S.A. 12-4106, 12-4120, 12-4416, 21-5426, 21-6421, 21-
6422 and 22-2909 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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