KANSAS STATE LAWS

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Session of 2012
Substitute for SENATE BILL No. 39
By Committee on Judiciary
2-6
AN ACT concerning the Kansas offender registration act; relating to
aggravated sex offenders; amending K.S.A. 2011 Supp. 22-4902, 22-
4904 and 22-4913 and repealing the existing sections; also repealing
K.S.A. 2011 Supp. 22-4902a.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2011 Supp. 22-4902 is hereby amended to read as
follows: 22-4902. As used in the Kansas offender registration act, unless
the context otherwise requires:
(a) "Offender" means:
(1) A sex offender, as defined in subsection (b);
(2) an aggravated sex offender;
(2) (3) a violent offender, as defined in subsection (e);
(3) (4) a drug offender, as defined in subsection (f);
(4) (5) any person who has been required to register under out of state
law or is otherwise required to be registered; and
(5) (6) any person required by court order to register for an offense
not otherwise required as provided in the Kansas offender registration act.
(b)(1) "Sex offender" includes any person who:
(1)(A) On or after April 14, 1994, and prior to July 1, 2012, is
convicted of any sexually violent crime set forth in subsection (c);
(B) on or after July 1, 2012, is convicted of any sexually violent
crime, if none of the parties involved are less than 16 years of age;
(2)(C) on or after April 14, 1994, 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), 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)(D) has been determined to be a sexually violent predator, as
defined in subsection (d);
(4)(E) on or after May 29, 1997, is convicted of any of the following
crimes when one of the parties involved is less than 18 years of age:
(A)(i) Adultery, as defined in K.S.A. 21-3507, prior to its repeal, or
K.S.A. 2011 Supp. 21-5511, and amendments thereto;
(B)(ii) criminal sodomy, as defined in subsection (a)(1) of K.S.A. 21-
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Sub SB 39 2
3505, prior to its repeal, or subsection (a)(1) or (a)(2) of K.S.A. 2011
Supp. 21-5504, and amendments thereto;
(C)(iii) promoting prostitution, as defined in K.S.A. 21-3513, prior to
its repeal, or K.S.A. 2011 Supp. 21-6420, and amendments thereto;
(D)(iv) patronizing a prostitute, as defined in K.S.A. 21-3515, prior to
its repeal, or K.S.A. 2011 Supp. 21-6421, and amendments thereto; or
(E)(v) lewd and lascivious behavior, as defined in K.S.A. 21-3508,
prior to its repeal, or K.S.A. 2011 Supp. 21-5513, and amendments
thereto;
(5)(F) is convicted of sexual battery, as defined in K.S.A. 21-3517,
prior to its repeal, or subsection (a) of K.S.A. 2011 Supp. 21-5505, and
amendments thereto;
(6)(G) 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. 2011 Supp. 21-5301, 21-5302, 21-5303, and amendments thereto,
of an offense defined in this subsection; or
(7)(H) has been convicted of an offense in effect at any time prior to
July 1, 2011, 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.
(2) "Aggravated sex offender" includes any person who, on or after
July 1, 2012, is convicted of any sexually violent crime, if any of the
parties involved is less than 16 years of age.
(c) "Sexually violent crime" means:
(1) Rape as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
2011 Supp. 21-5503, and amendments thereto;
(2) indecent liberties with a child as defined in K.S.A. 21-3503, prior
to its repeal, or subsection (a) of K.S.A. 2011 Supp. 21-5506, and
amendments thereto;
(3) aggravated indecent liberties with a child as defined in K.S.A. 21-
3504, prior to its repeal, or subsection (b) of K.S.A. 2011 Supp. 21-5506,
and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of
K.S.A. 21-3505, prior to its repeal, or subsection (a)(3) or (a)(4) of K.S.A.
2011 Supp. 21-5504, and amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506, prior
to its repeal, or subsection (b) of K.S.A. 2011 Supp. 21-5504, and
amendments thereto;
(6) indecent solicitation of a child as defined in K.S.A. 21-3510, prior
to its repeal, or subsection (a) of K.S.A. 2011 Supp. 21-5508, and
amendments thereto;
(7) aggravated indecent solicitation of a child as defined in K.S.A.
21-3511, prior to its repeal, or subsection (b) of K.S.A. 2011 Supp. 21-
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Sub SB 39 3
5508, 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. 2011 Supp. 21-5510, and amendments thereto;
(9) aggravated sexual battery as defined in K.S.A. 21-3518, prior to
its repeal, or subsection (b) of K.S.A. 2011 Supp. 21-5505, and
amendments thereto;
(10) aggravated incest as defined in K.S.A. 21-3603, prior to its
repeal, or subsection (b) of K.S.A. 2011 Supp. 21-5605, and amendments
thereto;
(11) electronic solicitation as defined in K.S.A. 21-3523, prior to its
repeal, and K.S.A. 2011 Supp. 21-5509, and amendments thereto,
committed on or after April 17, 2008;
(12) unlawful sexual relations as defined in K.S.A. 21-3520, prior to
its repeal, or K.S.A. 2011 Supp. 21-5512, and amendments thereto,
committed on or after July 1, 2010;
(13) any conviction for an offense in effect at any time prior to July 1,
2011, that is comparable to a sexually violent crime as defined in this
subsection, or any out of state conviction for an offense that under the laws
of this state would be a sexually violent crime as defined in this
subsection;
(14) 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. 2011
Supp. 21-5301, 21-5302, 21-5303, and amendments thereto, of a sexually
violent crime, as defined in this subsection; or
(15) any act which at the time of sentencing for the offense 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 May 29, 1997, is convicted of any of the following
crimes:
(A) Capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
or K.S.A. 2011 Supp. 21-5401, and amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 21-3401, prior to
its repeal, or K.S.A. 2011 Supp. 21-5402, and amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-3402, prior
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Sub SB 39 4
to its repeal, or K.S.A. 2011 Supp. 21-5403, and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to its
repeal, or K.S.A. 2011 Supp. 21-5404, and amendments thereto;
(E) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to
its repeal, or K.S.A. 2011 Supp. 21-5405, and amendments thereto;
(F) kidnapping, as defined in K.S.A. 21-3420, prior to its repeal, or
subsection (a) of K.S.A. 2011 Supp. 21-5408, and amendments thereto;
(G) aggravated kidnapping, as defined in K.S.A. 21-3421, prior to its
repeal, or subsection (b) of K.S.A. 2011 Supp. 21-5408, and amendments
thereto;
(H) criminal restraint, as defined in K.S.A. 21-3424, prior to its
repeal, or K.S.A. 2011 Supp. 21-5411, and amendments thereto, except by
a parent, and only when the victim is less than 18 years of age; or
(I) aggravated human trafficking, as defined in K.S.A. 21-3447, prior
to its repeal, or subsection (b) of K.S.A. 2011 Supp. 21-5426, and
amendments thereto;
(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 in effect at any time prior to
July 1, 2011, 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; 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. 2011 Supp. 21-5301, 21-5302 and 21-5303, and amendments
thereto, of an offense defined in this subsection.
(f) "Drug offender" means any person who has been convicted of:
(1) 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, or K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or
K.S.A. 2011 Supp. 21-5703, and amendments thereto;
(2) 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 subsection (a) of K.S.A. 65-7006, prior to its
repeal, or subsection (a) of K.S.A. 2010 Supp. 21-36a09, prior to its
transfer, or subsection (a) of K.S.A. 2011 Supp. 21-5709, and amendments
thereto;
(3) K.S.A. 65-4161, prior to its repeal, or subsection (a)(1) of K.S.A.
2010 Supp. 21-36a05, prior to its transfer, or subsection (a)(1) of K.S.A.
2011 Supp. 21-5705, and amendments thereto. The provisions of this
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Sub SB 39 5
paragraph shall not apply to violations of subsections (a)(2) through (a)(6)
or (b) of K.S.A. 2010 Supp. 21-36a05, and amendments thereto, which
occurred on or after July 1, 2009, through April 15, 2010;
(4) an offense in effect at any time prior to July 1, 2011, 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; or
(5) 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. 2011
Supp. 21-5301, 21-5302 and 21-5303, and amendments thereto, of an
offense defined in this subsection.
(g) 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 any out of state court shall constitute a conviction 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.
(i) "Employment" means any full-time, part-time, transient or daylabor
employment, with or without compensation.
(j) "Reside" means to stay, sleep or maintain with regularity 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 seven or more consecutive days or parts of days, or
for seven or more non-consecutive 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
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Sub SB 39 6
governmental unit, or correctional facility, treatment 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" shall include, but not be limited to, sheriff's offices,
tribal police departments, correctional facilities and treatment facilities.
(p) "Treatment facility" means any public or private facility, hospital
or institution providing inpatient treatment or counseling.
(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
an offender is required to register for a specified offense or violation.
Sec. 2. K.S.A. 2011 Supp. 22-4904 is hereby amended to read as
follows: 22-4904.
(a) At the time of sentencing or disposition for an offense requiring
registration as provided in K.S.A. 22-4902, and amendments thereto, the
court shall:
(1) Inform any offender, on the record, of the procedure to register
and the requirements of K.S.A. 22-4905, and amendments thereto;
(2) if the offender is released on probation, receiving a suspended
sentence, sentenced to community corrections or released on postrelease
supervision:
(A) Complete the initial registration form with all information and
updated information required for registration as provided in K.S.A. 22-
4907, and amendments thereto;
(B) 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; and
(C) order the offender to report within three business days to the
registering law enforcement agency in the county or tribal land of
conviction or adjudication and to the registering law enforcement agency
in any place where the offender resides, maintains employment or attends
school, to complete the registration form with all information and any
updated information required for registration as provided in K.S.A. 22-
4907, and amendments thereto;
(3) if the offender is to remain in custody until sentencing, direct the
correctional facility to complete the initial registration form within three
business days for submission to the Kansas bureau of investigation, as set
forth in subsection (b);
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Sub SB 39 7
(4) if the offender is an aggravated sex offender, inform such offender
of the residency restrictions in K.S.A. 22-4913, and amendments thereto;
and
(4)(5) ensure the age of the victim is documented in the journal entry
of conviction or adjudication.
(b) The staff of any correctional facility shall:
(1) Notify the Kansas bureau of investigation of the incarceration of
any offender and of the location or any change in location of the offender
while in custody;
(2) prior to any offender being discharged, paroled, furloughed or
released on work or school release from a correctional facility, or
otherwise released from incarceration:
(A) Inform the offender of the procedure for registration and of the
offender's registration requirements as provided in K.S.A. 22-4905, and
amendments thereto;
(B) complete the registration form with all information and updated
information required for registration as provided in K.S.A. 22-4907, and
amendments thereto; and
(C) 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;
(3) photograph the offender's face and any identifying marks;
(4) provide one copy of the form to the offender and, within three
days, send a copy of the form and of the photograph or photographs to the
law enforcement agency having initial jurisdiction and to the Kansas
bureau of investigation;
(5) notify the law enforcement agency having initial jurisdiction and
the Kansas bureau of investigation seven business days prior to any
offender being discharged, paroled, furloughed or released on work or
school release; and
(6) enter all offender information required by the national crime
information center into the national sex offender registry system.
(c) The staff of any treatment facility shall:
(1) Within three days of an offender's arrival for inpatient treatment,
inform the registering law enforcement agency of the county or location of
jurisdiction in which the treatment facility is located of the offender's
presence at the treatment facility and the expected duration of the
treatment, and immediately notify the registering law enforcement agency
of an unauthorized or unexpected absence of the offender during the
offender's treatment;
(2) provide information upon request to any registering law
enforcement agency having jurisdiction relevant to determining the
presence of an offender within the treatment facility; and
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Sub SB 39 8
(3) prior to any offender receiving court ordered treatment being
discharged or otherwise released:
(A) Inform the offender of the procedure for registration and the
offender's registration requirements, as provided in K.S.A. 22-4905, and
amendments thereto;
(B) obtain the information required for registration as provided in
K.S.A. 22-4907, and amendments thereto; and
(C) 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.
(d) The registering law enforcement agency, upon the reporting of
any offender, shall:
(1) Inform the offender of the duty to register as provided by the
Kansas offender registration act;
(2) (A) Explain the procedure for registration and the offender's
registration requirements as provided in K.S.A. 22-4905, and amendments
thereto;
(B) obtain the information required for registration as provided in
K.S.A. 22-4907, and amendments thereto; and
(C) 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;
(3) complete the registration form with all information and updated
information required for registration, as provided in K.S.A. 22-4907, and
amendments thereto, each time the offender reports to the registering law
enforcement agency. All additions or changes in the information reported
by an offender shall be forwarded to the Kansas bureau of investigation
within three business days;
(4) maintain the original signed registration form, provide one copy
of the completed registration form to the offender and, within three
business days, send one copy of the completed form to the Kansas bureau
of investigation;
(5) obtain registration information from every offender required to
register regardless of whether or not the offender remits payment. Failure
of the offender to remit payment is a violation of the Kansas offender
registration act and is subject to prosecution pursuant to K.S.A. 22-4903,
and amendments thereto;
(6) upon every required reporting, update the photograph or
photographs of the offender's face and any new identifying marks and
immediately forward copies or electronic files of the photographs to the
Kansas bureau of investigation;
(7) enter all offender information required by the national crime
information center into the national sex offender registry system within
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Sub SB 39 9
three days of completing the registration;
(8) maintain a special fund for the deposit and maintenance of fees
paid by offenders. All funds retained by the registering law enforcement
agency pursuant to the provisions of this section shall be credited to a
special fund of the registering law enforcement agency which shall be used
solely for law enforcement and criminal prosecution purposes and which
shall not be used as a source of revenue to reduce the amount of funding
otherwise made available to the registering law enforcement agency; and
(9) forward any initial registration and updated registration
information within three days to any out of state jurisdiction where the
offender is expected to reside, maintain employment or attend school.; and
(10) if the offender is an aggravated sex offender, inform such
offender of the residency restrictions in K.S.A. 22-4913, and amendments
thereto.
(e) (1) The Kansas bureau of investigation shall:
(A) Forward all additions or changes in information to any registering
law enforcement agency, other than the agency that submitted the form,
where the offender expects to reside, maintain employment or attend
school;
(B) ensure that offender information is immediately entered in the state
registered offender database and the Kansas registered offender website, as
provided in K.S.A. 22-4909, and amendments thereto; and
(C) transmit offender conviction or adjudication data and fingerprints
to the federal bureau of investigation.
(2) The director of the Kansas bureau of investigation may adopt
rules and regulations necessary to implement the provisions of the Kansas
offender registration act.
(f) The attorney general shall, within 10 business days of an offender
being declared a sexually violent predator, forward to the Kansas bureau of
investigation all relevant court documentation declaring an offender a
sexually violent predator.
(g) The state department of education shall annually notify any school
of the Kansas bureau of investigation internet website, and any internet
website containing information on the Kansas offender registration act
sponsored or created by the registering law enforcement agency of the
county or location of jurisdiction in which the school is located, for the
purpose of locating offenders who reside near such school. Such
notification shall include information that the registering law enforcement
agency of the county or location of jurisdiction where such school is
located is available to the school to assist in using the registry and
providing additional information on registered offenders.
(h) The secretary of health and environment shall annually notify any
licensed child care facility of the Kansas bureau of investigation internet
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Sub SB 39 10
website, and any internet website containing information on the Kansas
offender registration sponsored or created by the registering law
enforcement agency of the county in which the facility is located, for the
purpose of locating offenders who reside near such facility. Such
notification shall include information that the registering law enforcement
agency of the county or location of jurisdiction where such child care
facility is located is available to the child care facilities to assist in using
the registry and providing additional information on registered offenders.
(i) Upon request, the clerk of any court of record shall provide the
Kansas bureau of investigation copies of complaints, indictments,
information, journal entries, commitment orders or any other documents
necessary to the performance of the duties of the Kansas bureau of
investigation under the Kansas offender registration act. No fees or
charges for providing such documents may be assessed.
Sec. 3. K.S.A. 2011 Supp. 22-4913 is hereby amended to read as
follows: 22-4913. (a) On and after July 1, 2012, an aggravated sex
offender shall not reside within 500 feet of the real property of 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. This subsection shall not apply to any state institution or
facility.
(a)(b) Except as provided in subsection (b)(c), on and after June 1,
2006, 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.
(b)(c) The prohibition in subsection (a)(b), shall not apply to any city
or county residential licensing or zoning program for correctional
placement residences that includes regulations for the housing of such
offenders.
(c)(d) As used in this section, "correctional placement residence"
means a facility that provides residential services for individuals or
offenders who reside or have been placed in such facility due to any one of
the following situations:
(1) Prior to, or instead of, being sentenced to prison;
(2) as a conditional release prior to a hearing;
(3) as a part of a sentence of confinement of not more than one year;
(4) in a privately operated facility housing parolees;
(5) as a deferred sentence when placed in a facility operated by
community corrections;
(6) as a requirement of court-ordered treatment services for alcohol
or drug abuse; or
(7) as part of voluntary treatment services for alcohol or drug abuse.
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Sub SB 39 11
Correctional placement residence shall not include a single or multifamily
dwelling or commercial residential building that provides a
residence to staff and persons other than those described in paragraphs (1)
through (7).
Sec. 4. K.S.A. 2011 Supp. 22-4902, 22-4902a, 22-4904 and 22-4913
are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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Resource:
http://kslegislature.org/li_2012/b2011_12/measures/documents/sb39_01_0000.pdf