Session of 1997
HOUSE BILL No. 2485
By Committee on Federal and State Affairs
9 AN ACT concerning crimes and punishments; relating to time limitations
10 on prosecutions for certain crimes; amending K.S.A. 1996 Supp. 21-
11 3106 and repealing the existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1996 Supp. 21-3106 is hereby amended to read as
15 follows: 21-3106. (1) A prosecution for murder may be commenced at
16 any time.
17 (2) Except as provided by subsection
(7) (8), a prosecution for any of
18 the following crimes must be commenced within five years after its com-
19 mission if the victim is less than 16 years of age: (a) Indecent liberties
20 with a child as defined in K.S.A. 21-3503 and amendments thereto; (b)
21 aggravated indecent liberties with a child as defined in K.S.A. 21-3504
22 and amendments thereto; (c) enticement of a child as defined in K.S.A.
23 21-3509 and amendments thereto; (d) indecent solicitation of a child as
24 defined in K.S.A. 21-3510 and amendments thereto; (e) aggravated in-
25 decent solicitation of a child as defined in K.S.A. 21-3511 and amend-
26 ments thereto; (f) sexual exploitation of a child as defined in K.S.A. 21-
27 3516 and amendments thereto; or (g) aggravated incest as defined in
28 K.S.A. 21-3603 and amendments thereto.
29 (3) Except as provided in subsection (7) (8), a prosecution for any
30 crime must be commenced within 10 years after its commission if the
31 victim is the Kansas public employees retirement system.
32 (4) Except as provided by subsection (7) (8), a prosecution for rape,
33 as defined in K.S.A. 21-3502 and amendments thereto, or aggravated
34 criminal sodomy, as defined in K.S.A. 21-3506 and amendments thereto,
35 must be commenced within five years after its commission.
36 (5) Except as provided in subsection (7) (8), a prosecution for any
37 crime found in the Kansas medicaid fraud control act must be com-
38 menced within five years after its commission.
39 (6) Except as provided by subsection (8), a prosecution for the crime
40 of arson, as defined in K.S.A. 21-3718 and amendments thereto, or ag-
41 gravated arson, as defined in K.S.A. 21-3719, and amendments thereto,
42 must be commenced within five years after its commission.
43 (7) Except as provided by subsection (7) (8), a prosecution for any
1 crime not governed by subsections (1), (2), (3), (4)
and, (5) and (6) must
2 be commenced within two years after it is committed.
3 (7) (8) The period within which a prosecution must be commenced
4 shall not include any period in which:
5 (a) The accused is absent from the state;
6 (b) the accused is concealed within the state so that process cannot
7 be served upon the accused;
8 (c) the fact of the crime is concealed;
9 (d) a prosecution is pending against the defendant for the same con-
10 duct, even if the indictment or information which commences the pros-
11 ecution is quashed or the proceedings thereon are set aside, or are re-
12 versed on appeal;
13 (e) an administrative agency is restrained by court order from inves-
14 tigating or otherwise proceeding on a matter before it as to any criminal
15 conduct defined as a violation of any of the provisions of article 41 of
16 chapter 25 and article 2 of chapter 46 of the Kansas Statutes Annotated
17 which may be discovered as a result thereof regardless of who obtains
18 the order of restraint; or
19 (f) whether or not the fact of the crime is concealed by the active act
20 or conduct of the accused, there is substantially competent evidence to
21 believe two or more of the following factors are present: (i) The victim
22 was a child under 15 years of age at the time of the crime; (ii) the victim
23 was of such age or intelligence that the victim was unable to determine
24 that the acts constituted a crime; (iii) the victim was prevented by a parent
25 or other legal authority from making known to law enforcement author-
26 ities the fact of the crime whether or not the parent or other legal au-
27 thority is the accused; and (iv) there is substantially competent expert
28 testimony indicating the victim psychologically repressed such witness'
29 memory of the fact of the crime, and in the expert's professional opinion
30 the recall of such memory is accurate and free of undue manipulation,
31 and substantial corroborating evidence can be produced in support of the
32 allegations contained in the complaint or information but in no event may
33 a prosecution be commenced as provided in this section later than the
34 date the victim turns 28 years of age. Corroborating evidence may in-
35 clude, but is not limited to, evidence the defendant committed similar
36 acts against other persons or evidence of contemporaneous physical man-
37 ifestations of the crime. ``Parent or other legal authority'' shall include
38 but not be limited to natural and stepparents, grandparents, aunts, uncles
39 or siblings.
40 (8) (9) An offense is committed either when every element occurs,
41 or, if a legislative purpose to prohibit a continuing offense plainly appears,
42 at the time when the course of conduct or the defendant's complicity
43 therein is terminated. Time starts to run on the day after the offense is
(9) (10) A prosecution is commenced when a complaint or informa-
3 tion is filed, or an indictment returned, and a warrant thereon is delivered
4 to the sheriff or other officer for execution. No such prosecution shall be
5 deemed to have been commenced if the warrant so issued is not executed
6 without unreasonable delay.
7 Sec. 2. K.S.A. 1996 Supp. 21-3106 is hereby repealed.
8 Sec. 3. This act shall take effect and be in force from and after its
9 publication in the statute book.