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Age of Consent Laws for all 50 States & Washington D.C. Here!
The following information was taken from the Kansas state legilsation website
at this address.
Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE
OF CRIMINAL PROCEDURE
Article 49.--OFFENDER REGISTRATION
22-4901.Citation of act. K.S.A. 22-4901 through
22-4910 and amendments thereto shall be known and may be cited as the Kansas
offender registration act.
History: L. 1993, ch. 253, § 17; L. 1994, ch. 107, § 1; L.
1997, ch. 181, § 7; July 1.
22-4902.Definitions. As used in this act, unless the context
otherwise requires:
(a) "Offender" means: (1) A sex offender as defined in subsection
(b);
(2) a violent offender as defined in subsection (d);
(3) a sexually violent predator as defined in subsection (f);
(4) any person who, on and after the effective date of this act, is
convicted of any of the following crimes when the victim is less than 18 years
of age:
(A) Kidnapping as defined in K.S.A. 21-3420 and amendments thereto,
except by a parent;
(B) aggravated kidnapping as defined in K.S.A. 21-3421 and amendments
thereto; or
(C) criminal restraint as defined in K.S.A. 21-3424 and amendments
thereto, except by a parent;
(5) any person convicted of any of the following criminal sexual
conduct if one of the parties involved is less than 18 years of age:
(A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;
(B) criminal sodomy as defined by subsection (a)(1) of K.S.A.
21-3505, and amendments thereto;
(C) promoting prostitution as defined by K.S.A. 21-3513, and
amendments thereto;
(D) patronizing a prostitute as defined by K.S.A. 21-3515, and
amendments thereto;
(E) lewd and lascivious behavior as defined by K.S.A. 21-3508, and
amendments thereto; or
(F) unlawful sexual relations as defined by K.S.A. 21-3520, and
amendments thereto;
(6) any person who has been required to register under any federal,
military or other state's law or is otherwise required to be registered;
(7) any person who, 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;
(8) any person who has been convicted of an offense in effect at any
time prior to the effective date of this act, that is comparable to any crime
defined in subsection (4), (5) or (7), or any federal, military or other state
conviction for an offense that under the laws of this state would be an offense
defined in subsection (4), (5) or (7); or
(9) any person who has been convicted of an attempt, conspiracy or
criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and
amendments thereto, of an offense defined in subsection (4), (5) or (7).
Convictions which 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. Any conviction set aside pursuant to law is
not a conviction for purposes of this section. A conviction from another state
shall constitute a conviction for purposes of this section.
(b) "Sex offender" includes any person who, after the effective date
of this act, is convicted of any sexually violent crime set forth in subsection
(c) or is adjudicated as a juvenile offender for an act which if committed by an
adult would constitute the commission of a sexually violent crime set forth in
subsection (c).
(c) "Sexually violent crime" means:
(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
(2) indecent liberties with a child as defined in K.S.A. 21-3503 and
amendments thereto;
(3) aggravated indecent liberties with a child as defined in K.S.A.
21-3504 and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of
K.S.A. 21-3505 and amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and
amendments thereto;
(6) indecent solicitation of a child as defined by K.S.A. 21-3510 and
amendments thereto;
(7) aggravated indecent solicitation of a child as defined by K.S.A.
21-3511 and amendments thereto;
(8) sexual exploitation of a child as defined by K.S.A. 21-3516 and
amendments thereto;
(9) sexual battery as defined by K.S.A. 21-3517 and amendments
thereto;
(10) aggravated sexual battery as defined by K.S.A. 21-3518 and
amendments thereto;
(11) aggravated incest as defined by K.S.A. 21-3603 and amendments
thereto; or
(12) any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to a sexually violent crime as
defined in subparagraphs (1) through (11), or any federal, military or other
state conviction for an offense that under the laws of this state would be a
sexually violent crime as defined in this section;
(13) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of a sexually violent
crime, as defined in this section; or
(14) any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated. As used in
this subparagraph, "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) "Violent offender" includes any person who, after the effective
date of this act, is convicted of any of the following crimes:
(1) Capital murder as defined by K.S.A. 21-3439 and amendments
thereto;
(2) murder in the first degree as defined by K.S.A. 21-3401 and
amendments thereto;
(3) murder in the second degree as defined by K.S.A. 21-3402 and
amendments thereto;
(4) voluntary manslaughter as defined by K.S.A. 21-3403 and
amendments thereto;
(5) involuntary manslaughter as defined by K.S.A. 21-3404 and
amendments thereto; or
(6) any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to any crime defined in this
subsection, or any federal, military or other state conviction for an offense
that under the laws of this state would be an offense defined in this
subsection; or
(7) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an offense defined
in this subsection.
(e) "Law enforcement agency having jurisdiction" means the sheriff of
the county in which the offender expects to reside upon the offender's
discharge, parole or release.
(f) "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.
(g) "Nonresident student or worker" includes any offender who crosses
into the state or county for more than 14 days, or for an aggregate period
exceeding 30 days in a calendar year, for the purposes of employment, with or
without compensation, or to attend school as a student.
(h) "Aggravated offenses" means engaging in sexual acts involving
penetration with victims of any age through the use of force or the threat of
serious violence, or engaging in sexual acts involving penetration with victims
less than 14 years of age, and includes the following offenses:
(1) Rape as defined in subsection (a)(1)(A) and subsection (a)(2) of
K.S.A. 21-3502, and amendments thereto;
(2) aggravated criminal sodomy as defined in subsection (a)(1) and
subsection (a)(3)(A) of K.S.A. 21-3506, and amendments thereto; and
(3) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an offense defined
in this subsection.
(i) "Institution of higher education" means any post-secondary school
under the supervision of the Kansas board of regents.
History: L. 1993, ch. 253, § 18; L. 1994, ch. 107, § 2; L.
1997, ch. 181, § 8; L. 1999, ch. 164, § 29; L. 2001, ch. 208, § 10; L. 2002, ch.
55, § 1; L. 2002, ch. 163, § 6; L. 2003, ch. 123, § 3; L. 2006, ch. 214, § 6;
July 1.
22-4903.Penalties; new and separate offense. Any
person who is required to register as provided in the Kansas offender
registration act who violates any of the provisions of such act, including all
duties set out in K.S.A. 22-4904 through 22-4907, and amendments thereto, is
guilty of a severity level 5, person felony. Any violation of any provision of
such act, including a violation of the duties set forth in K.S.A. 22-4904
through K.S.A. 22-4907, and amendments thereto, which continues for more than 30
consecutive days shall, upon the 31st consecutive day, constitute a new and
separate offense and shall continue to constitute a new and separate offense
upon completion of every 30 days thereafter for as long as the offense
continues.
History: L. 1993, ch. 253, § 19; L. 1999, ch. 164, § 30; L.
2003, ch. 123, § 4; L. 2006, ch. 212, § 20; July 1.
22-4904.Registration of offender; duties of sheriff;
verification of address; updated photo; fee. (a) (1) Except as provided in
subsection (a)(2), within 10 days of the offender coming into any county in
which the offender resides or is temporarily domiciled for more than 10 days,
the offender shall register with the sheriff of the county.
(2) Within 10 days of the offender coming into any county in which
the offender resides or temporarily resides for more than 10 days, any offender
who has provided the information and completed and signed the registration form
as required in K.S.A. 22-4905 and amendments thereto, shall verify with the
sheriff of the county that the sheriff has received such offender's information
and registration form.
(3) Upon registration with a school or educational institution, a
nonresident student attending such school or educational institution shall
register with the sheriff within 10 days of the commencement of the school term.
(4) Upon commencement of employment, a nonresident worker shall
register with the sheriff within 10 days of the commencement date of employment.
(5) For persons required to register as provided in subsections
(a)(1), (a)(3) and (a)(4), the sheriff shall: (A) Explain the duty to register
and the procedure for registration;
(B) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;
(C) inform the offender that the offender must give written notice of
any change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of investigation;
(D) inform the nonresident student offender that the offender must
give written notice to the sheriff and the Kansas bureau of investigation of any
change or termination of attendance at the school or educational institution the
offender is attending, within 10 days of such change or termination;
(E) inform the nonresident worker offender that the offender must
give written notice to the sheriff and the Kansas bureau of investigation of any
termination of employment at the offender's place of employment, within 10 days
of such termination;
(F) inform the offender that if the offender changes residence to
another state, the offender must inform the law enforcement agency where last
registered and the Kansas bureau of investigation of such change in residence
and must register in the new state within 10 days of such change in residence;
(G) inform the offender that the offender must also register in any
state or county where the offender is employed, carries on a vocation or is a
student;
(H) inform the offender that if the offender expects to or
subsequently becomes enrolled in any institution of higher education in the
state of Kansas on a full-time or part-time basis or have any full-time or
part-time employment at an institution of higher education in the state of
Kansas, with or without compensation, for more than 14 days, or for an aggregate
period exceeding 30 days in one calendar year, the offender must provide written
notice to the Kansas bureau of investigation within 10 days upon commencement of
enrollment or employment;
(I) inform the offender that if there is any change or termination in
attendance or employment at an institution of higher education, the offender
must provide written notice to the Kansas bureau of investigation within 10 days
of the change or termination;
(J) inform the offender of the requirement of an annual driver's
license renewal pursuant to K.S.A. 8-247, and amendments thereto, and an annual
identification card renewal pursuant to K.S.A. 2006 Supp. 8-1325a, and
amendments thereto; and
(K) require the offender to read and sign the registration form which
shall include a statement that the requirements provided in this subsection have
been explained to the offender.
(6) Such sheriff, within three days of receipt of the initial
registration shall forward this information to the Kansas bureau of
investigation.
(7) 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 then all provisions of that act shall apply, except that the term of
registration shall be controlled by such diversionary agreement, probation order
or juvenile offender sentencing order.
(b) If any person required to register as provided in this act
changes the address of the person's residence, the offender, within 10 days,
shall inform in writing the law enforcement agency where such offender last
registered of the new address.
(c) For any person required to register as provided in this act,
every 90 days after the person's initial registration date during the period the
person is required to register, the following applies:
(1) The Kansas bureau of investigation shall mail a nonforwardable
verification form to the last reported address of the person.
(2) The person shall mail the verification form to the Kansas bureau
of investigation within 10 days after receipt of the form.
(3) The verification form shall be signed by the person and shall
provide the following information, as applicable, to the Kansas bureau of
investigation: (A) Whether the person still resides at the address last
reported; (B) whether the person still attends the school or educational
institution last reported; (C) whether the person is still employed at the place
of employment last reported; and (D) whether the person's vehicle registration
information is the same as last reported.
(4) If the person fails to mail the verification form to the Kansas
bureau of investigation within 10 days after receipt of the form, the person
shall be in violation of the Kansas offender registration act.
(5) Nothing contained in this section shall be construed to alleviate
any person required to register as provided in this act from meeting the
requirements prescribed in subsections (a)(1), (a)(2) and (b).
(d) Any person who is required to register under this act shall
report in person each year during the month of the person's birthday and during
the sixth month following the person's birthday to the sheriff's office in the
county in which the person resides or is otherwise located. The sheriff's office
may determine the appropriate times and days for reporting by the person,
consistent with this subsection. If any information reported by the person has
changed and has not otherwise been updated, the person shall report those
changes.
(e) Every person who is required to register under this act shall
submit to the taking of an updated photograph by the sheriff's office on each
occasion when the person reports to the sheriff's office in the county in which
the person resides or is otherwise located.
(f) Every person who is required to register under this act shall
remit payment to the sheriff in the amount of $20 on each occasion when the
person reports to the sheriff's office in the county in which the person resides
or is otherwise located.
History: L. 1993, ch. 253, § 20; L. 1994, ch. 107, § 3; L.
1996, ch. 224, § 4; L. 1997, ch. 181, § 9; L. 1999, ch. 164, § 31; L. 2000, ch.
150, § 2; L. 2001, ch. 208, § 11; L. 2003, ch. 123, § 5; L. 2006, ch. 214, § 7;
June 1.
22-4905.Release of offender; duties of court and staff of
facility upon release relating to offender registration. (a) (1) Any
offender, who is discharged or paroled from a prison, hospital or other
institution or facility involving a violation of any crime or confinement as
provided in subsection (a), (b), (d) or (f) of K.S.A. 22-4902 and amendments
thereto, prior to discharge, parole or release, shall be informed by the staff
of the facility in which the offender was confined of the duty to register as
provided in this act.
(2) (A) The staff of the facility shall: (i) Explain the duty to
register and the procedure for registration;
(ii) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;
(iii) inform the offender that the offender must give written notice
of any change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of investigation;
(iv) inform the offender that if the offender changes residence to
another state, the offender must inform the law enforcement agency where last
registered and the Kansas bureau of investigation of such change in residence
and must register in the new state within 10 days of such change in residence;
(v) inform the offender that the offender must also register in any
state or county where the offender is employed, carries on a vocation or is a
student;
(vi) inform the offender that if the offender expects to or
subsequently becomes enrolled in any institution of higher education in the
state of Kansas on a full-time or part-time basis or have any full-time or
part-time employment at an institution of higher education in the state of
Kansas, with or without compensation, for more than 14 days or an aggregate
period exceeding 30 days in one calendar year, the offender must provide written
notice to the Kansas bureau of investigation within 10 days upon commencement of
enrollment or employment;
(vii) inform the offender that if there is any change or termination
in attendance or employment, at an institution of higher education, the offender
must provide written notice to the Kansas bureau of investigation within 10 days
of the change or termination;
(viii) inform the offender of the requirement of an annual driver's
license renewal pursuant to K.S.A. 8-247, and amendments thereto, and an annual
identification card renewal pursuant to K.S.A. 2006 Supp. 8-1325a, and
amendments thereto; and
(ix) require the offender to read and sign the registration form
which shall include a statement that the requirements provided in this
subsection have been explained to the offender.
(B) The staff of the facility shall give one copy of the form to the
person, within three days, and shall send two copies of the form provided by
subsection (2)(A)(v) to the Kansas bureau of investigation, which shall then
forward one copy to the law enforcement agency having jurisdiction where the
person expects to reside upon discharge, parole or release. The Kansas bureau of
investigation must immediately ensure that such information is entered in the
state law enforcement record system. The Kansas bureau of investigation shall
transmit such conviction data and fingerprints to the federal bureau of
investigation.
(b) (1) Any offender who is released on probation, receives a
suspended sentence, sentenced to community corrections or released on
postrelease supervision because of the commission of any crime as provided in
subsection (a), (b) or (d) of K.S.A. 22-4902 and amendments thereto, prior to
release, shall be informed of the offenders duty to register as provided in this
act by the court in which the offender is convicted.
(2) (A) The court shall: (i) Explain the duty to register and the
procedure for registration;
(ii) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;
(iii) inform the offender that the offender must give written notice
of any change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of investigation;
(iv) inform the offender that if the offender changes residence to
another state, the offender must inform the law enforcement agency where last
registered and the Kansas bureau of investigation of such change in residence
and must register in the new state within 10 days of such change in residence;
(v) inform the offender that the offender must also register in any
state or county where the offender is employed, carries on a vocation or is a
student;
(vi) inform the offender that if the offender expects to or
subsequently becomes enrolled in any institution of higher education in the
state of Kansas on a full-time or part-time basis or have any full-time or
part-time employment at an institution of higher education in the state of
Kansas, with or without compensation, for more than 14 days or for an aggregate
period exceeding 30 days in one calendar year, the offender must provide written
notice to the Kansas bureau of investigation within 10 days upon commencement of
enrollment or employment;
(vii) inform the offender that if there is any change or termination
in attendance or employment at an institution of higher education, the offender
must provide written notice to the Kansas bureau of investigation within 10 days
of the change or termination;
(viii) inform the offender of the requirement of an annual driver's
license renewal pursuant to K.S.A. 8-247, and amendments thereto, and an annual
identification card renewal pursuant to K.S.A. 2006 Supp. 8-1325a, and
amendments thereto; and
(ix) require the offender to read and sign the registration form
which shall include a statement that the requirements provided in this
subsection have been explained to the offender.
(B) The court shall give one copy of the form to the person and,
within three days, shall send two copies of the form provided by subsection (2)(A)(v)
to the Kansas bureau of investigation which shall then forward one copy to the
law enforcement agency having jurisdiction where the person expects to reside
upon release. The Kansas bureau of investigation must immediately ensure that
such information is entered in the state law enforcement record system. The
Kansas bureau of investigation shall transmit such conviction data and
fingerprints to the federal bureau of investigation.
History: L. 1993, ch. 253, § 21; L. 1994, ch. 107, § 4; L.
1997, ch. 181, § 10; L. 1999, ch. 164, § 32; L. 2001, ch. 208, § 12; L. 2003, ch.
123, § 6; L. 2006, ch. 214, § 8; June 1.
22-4906.Time period in which required to register; termination
of registration requirement. (a) Except as provided in subsection (d), any
person required to register as provided in this act shall be required to
register: (1) Upon the first conviction of a sexually violent crime as defined
in subsection (c) of K.S.A. 22-4902, and amendments thereto, any offense as
defined in subsection (a) of K.S.A. 22-4902, and amendments thereto, or any
offense as defined in subsection (d) of K.S.A. 22-4902, and amendments thereto,
if not confined, for a period of 10 years after conviction, or, if confined, for
a period of 10 years after paroled, discharged or released, whichever date is
most recent. The ten-year period shall not apply to any person while the person
is incarcerated in any jail or correctional facility. The ten-year registration
requirement does not include any time period when any person who is required to
register under this act knowingly or willfully fails to comply with the
registration requirement; or (2) upon a second or subsequent conviction for such
person's lifetime.
(b) Upon the first conviction, liability for registration terminates,
if not confined, at the expiration of 10 years from the date of conviction, or,
if confined, at the expiration of 10 years from the date of parole, discharge or
release, whichever date is most recent. The ten-year period shall not apply to
any person while the person is incarcerated in any jail or correctional
facility. The ten-year registration requirement does not include any time period
when any person who is required to register under this act knowingly or
willfully fails to comply with the registration requirement. Liability for
registration does not terminate if the convicted offender again becomes liable
to register as provided by this act during that period.
(c) Any person who has been convicted of an aggravated offense shall
be required to register for such person's lifetime.
(d) Any person who has been convicted of any of the following
offenses shall be required to register for such person's lifetime:
(1) Aggravated trafficking, as defined in K.S.A. 2006 Supp. 21-3447,
and amendments thereto, if the victim is less than 14 years of age;
(2) rape, as defined in subsection (a)(2) of K.S.A. 2006 Supp.
21-3502, and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in
subsection (a)(3) of K.S.A. 21-3504, and amendments thereto;
(4) aggravated criminal sodomy, as defined in subsection (a)(1) or
(a)(2) of K.S.A. 21-3506, and amendments thereto;
(5) promoting prostitution, as defined in K.S.A. 21-3513, and
amendments thereto, if the prostitute is less than 14 years of age; or
(6) sexual exploitation of a child, as defined in subsection (a)(5)
or (a)(6) of K.S.A. 21-3516, and amendments thereto.
(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) Any nonresident worker shall register for the duration of such
person's employment. The provisions of this subsection are in addition to
subsections (a) and (b).
(g) Any nonresident student shall register for the duration of such
person's attendance at a school or educational institution as provided in this
act. The provisions of this subsection are in addition to subsections (a) and
(b).
(h) (1) Notwithstanding any other provisions of this section, a
person who is adjudicated as a juvenile offender for an act which if committed
by an adult would constitute the commission of a sexually violent crime set
forth in subsection (c) of K.S.A. 22-4902, 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, and amendments thereto, shall be
required to register until such person 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. The five-year period
shall not apply to any person while that person is incarcerated in any jail,
juvenile facility or correctional facility. The five-year registration
requirement does not include any time period when any person who is required to
register under this act knowingly or willfully fails to comply with the
registration requirement.
(2) (A) A person who is adjudicated as a juvenile offender for an act
which if committed by an adult would constitute the commission of a sexually
violent crime set forth in subsection (c) of K.S.A. 22-4902, 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, and amendments
thereto, may, by the court:
(i) Be required to register pursuant to the provisions of paragraph
(1);
(ii) not be required to register if the judge, on the record, finds
substantial and compelling reasons therefor; or
(iii) be required to register with the sheriff pursuant to K.S.A.
22-4904, and amendments thereto, 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 the juvenile to
register but such registration is not open to the public, the juvenile shall
provide a copy of such court order to the sheriff at the time of registration.
The sheriff shall forward a copy of such court order to the Kansas bureau of
investigation.
(B) If such juvenile offender violates a condition of release during
the term of the conditional release, the judge may require the juvenile offender
to register pursuant to paragraph (1).
(3) Liability for registration does not terminate if the adjudicated
offender again becomes liable to register as provided by this act during the
required period.
(i) Any person moving to the state of Kansas who has been convicted
in another state, and who was required to register under that state's laws,
shall register for the same length of time required by that state or Kansas,
whichever length of time is longer.
History: L. 1993, ch. 253, § 22; L. 1994, ch. 107, § 5; L.
1997, ch. 181, § 11; L. 1999, ch. 164, § 33; L. 2001, ch. 208, § 13; L. 2002,
ch. 55, § 2; L. 2005, ch. 202, § 1; L. 2006, ch. 214, § 9; June 1.
22-4907.Information required in registration; KBI participation
in FBI program. (a) Registration as required by this act shall consist of a
form prepared by the Kansas bureau of investigation, which shall include a
statement that the requirements provided in this section have been explained to
the person, and shall be signed by the person. Such registration form shall
include the following:
(1) Name;
(2) date and place of birth;
(3) offense or offenses committed, date of conviction or convictions
obtained;
(4) city or county of conviction or convictions obtained;
(5) sex and age of victim;
(6) current address;
(7) social security number;
(8) identifying characteristics such as race, skin tone, sex, age,
hair and eye color, scars, tattoos and blood type;
(9) occupation, name of employer and place of employment;
(10) drivers license and vehicle information;
(11) documentation of any treatment received for a mental abnormality
or personality disorder of the offender; for purposes of documenting the
treatment received, sheriffs, prison officials and courts may rely on
information that is readily available to them from existing records and the
offender.
(12) anticipated future residence;
(13) a photograph;
(14) fingerprints; and
(15) school.
(b) (1) The offender shall also provide to the registering law
enforcement agency DNA exemplars, unless already on file.
(2) If the exemplars to be taken require the withdrawal of blood,
such withdrawal may be performed only by: (A) A person licensed to practice
medicine and surgery or a person acting under the supervision of any such
licensed person;
(B) a registered nurse or a licensed practical nurse;
(C) any qualified medical technician; or
(D) a licensed phlebotomist.
(c) Unless the person has provided the information and completed and
signed the registration form as provided in K.S.A. 22-4905 and amendments
thereto within three days, the registering law enforcement agency shall forward
the registration form to the Kansas bureau of investigation.
(d) The Kansas bureau of investigation may participate in the federal
bureau of investigation's NCIC 2000.
History: L. 1993, ch. 253, § 23; L. 1996, ch. 224, § 5; L.
1997, ch. 181, § 12; L. 2001, ch. 208, § 14; July 1.
22-4908.Person required to register shall not be relieved of
further registration. No person required to register as an offender pursuant
to the Kansas offender registration act shall be granted an order relieving the
offender of further registration under this act.
History: L. 1993, ch. 253, § 24; L. 1994, ch. 107, § 6; L.
1997, ch. 181, § 13; L. 1999, ch. 164, § 34; L. 2001, ch. 208, § 15; July 1.
22-4909.Information subject to open records act; nondisclosure
of certain information relating to victim; website posting; notification of
schools and licensed day care facilities. (a) Except as prohibited by
subsection (h) of K.S.A. 22-4906, and amendments thereto, the statements or any
other information required by this act shall be open to inspection by the public
at the sheriff's office, at the headquarters of the Kansas bureau of
investigation and on any internet website sponsored or created by a sheriff's
department or the Kansas bureau of investigation that contains such statements
or information, and specifically are subject to the provisions of the Kansas
open records act, K.S.A. 45-215 et seq., and amendments thereto, except that the
name, address, telephone number, or any other information which specifically and
individually identifies the victim of any offender required to register as
provided in this act shall not be disclosed other than to law enforcement
agencies.
(b) Any information posted on an internet website sponsored or
created by a sheriff's office or the Kansas bureau of investigation shall
identify, in a prominent manner, whether an offender is or is not a sex
offender.
(c) The state department of education shall annually notify any
school upon which is located a structure used by a unified school district or an
accredited nonpublic school for student instruction or attendance or
extracurricular activities of pupils enrolled in kindergarten or any grades one
through 12 of the Kansas bureau of investigation internet website and any
internet website containing information on the Kansas offender registration
sponsored or created by the sheriff of the county in which the school is located
for the purposes of locating offenders who reside near such school.
(d) The secretary of health and environment shall annually notify any
licensed child care facility of the Kansas bureau of investigation internet
website and any internet website containing information on the Kansas offender
registration sponsored or created by the sheriff of the county in which the
facility is located for the purposes of locating offenders who reside near such
facility.
(e) Such notification required in subsections (c) and (d) shall
include information that the sheriff of the county where such school or child
care facility is located is available to the school and child care facilities to
assist in using the registry and providing additional information on the
registered offenders.
History: L. 1993, ch. 253, § 25; L. 1994, ch. 107, § 7; L.
1997, ch. 181, § 14; L. 2001, ch. 208, § 16; L. 2005, ch. 202, § 2; L. 2006, ch.
214, § 10; June 1.
22-4910.Effective date. K.S.A. 22-4901 through 22-4910
shall be effective on and after July 1, 1993.
History: L. 1993, ch. 253, § 26; April 29.
22-4911.Cause of action; not created. Nothing in the
Kansas offender registration act 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 requiring an offender to register or an offender's
failure to register.
History: L. 1999, ch. 164, § 36; July 1.
22-4912.Relief from requirement registration. (a) Any
offender who was required to be registered pursuant to the Kansas offender
registration act K.S.A. 22-4901 et seq. and amendments thereto, prior to
July 1, 1999, and who would not have been required to be registered pursuant to
the Kansas offender registration act on and after July 1, 1999, as a result of
enactment of this act, shall be entitled to be relieved of the requirement to be
registered. Such offender may apply to the sentencing court for an order
relieving the offender of the duty of registration. The court shall hold a
hearing on the application at which the applicant shall present evidence
verifying that such applicant no longer satisfies the definition of offender
pursuant to K.S.A. 22-4902 and amendments thereto. If the court finds that the
person no longer satisfies the definition of offender pursuant to K.S.A. 22-4902
and amendments thereto, the court shall grant an order relieving the offender's
duty to register if the offender no longer fulfills the definition of offender
pursuant to K.S.A. 22-4902 and amendments thereto. Such court granting such an
order shall forward a copy of such order to the sheriff of the county in which
such person has registered and to the Kansas bureau of investigation. Upon
receipt of such copy of the order, such sheriff and the Kansas bureau of
investigation shall remove such person's name from the registry.
(b) This section shall be part of an supplemental to the Kansas
offender registration act.
History: L. 1999, ch. 164, § 37; July 1.
22-4913.Offender residency restrictions; prohibition from
adopting or enforcing; sunset. On and after the effective date of this act,
cities and counties shall be prohibited from adopting or enforcing any
ordinance, resolution or regulation establishing residential restrictions for
offenders as defined by K.S.A. 22-4902, and amendments thereto. The provisions
of this section shall expire on June 30, 2008.
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