Session of 1998
By Committee on Judiciary
            9             AN ACT concerning crimes, criminal procedure and punishment; relating
10             to time limitations for prosecution; amending K.S.A. 1997 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. 1997 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), a prosecution for any of the
18       following crimes must be commenced within five years after its commis-
19       sion if the victim is less than 16 years of age: (a) Indecent liberties with
20       a child as defined in K.S.A. 21-3503 and amendments thereto; (b) aggra-
21       vated indecent liberties with a child as defined in K.S.A. 21-3504 and
22       amendments thereto; (c) enticement of a child as defined in K.S.A. 21-
23       3509 and amendments thereto; (d) indecent solicitation of a child as de-
24       fined in K.S.A. 21-3510 and amendments thereto; (e) aggravated indecent
25       solicitation of a child as defined in K.S.A. 21-3511 and amendments
26       thereto; (f) sexual exploitation of a child as defined in K.S.A. 21-3516 and
27       amendments thereto; or (g) aggravated incest as defined in K.S.A. 21-
28       3603 and amendments thereto.
29           (3) Except as provided in subsection (7) (4), 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), a prosecution for rape, as
33       defined in K.S.A. 21-3502 and amendments thereto, or aggravated crim-
34       inal sodomy, as defined in K.S.A. 21-3506 and amendments thereto, must
35       be commenced within five years after its commission.
36           (5) Except as provided in subsection (7), a prosecution for any crime
37       found in the Kansas medicaid fraud control act must be commenced
38       within five years after its commission.
39           (6) (3) Except as provided by subsection (7) (4), a prosecution for any
40       crime not governed by subsections (1), and (2), (3), (4) and (5) must be
41       commenced within two five years after it is committed.
42           (7) (4) The period within which a prosecution must be commenced
43       shall not include any period in which:

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  1           (a) The accused is absent from the state;
  2           (b) the accused is concealed within the state so that process cannot
  3       be served upon the accused;
  4           (c) the fact of the crime is concealed;
  5           (d) a prosecution is pending against the defendant for the same con-
  6       duct, even if the indictment or information which commences the pros-
  7       ecution is quashed or the proceedings thereon are set aside, or are re-
  8       versed on appeal;
  9           (e) an administrative agency is restrained by court order from inves-
10       tigating or otherwise proceeding on a matter before it as to any criminal
11       conduct defined as a violation of any of the provisions of article 41 of
12       chapter 25 and article 2 of chapter 46 of the Kansas Statutes Annotated
13       which may be discovered as a result thereof regardless of who obtains
14       the order of restraint; or
15           (f) whether or not the fact of the crime is concealed by the active act
16       or conduct of the accused, there is substantially competent evidence to
17       believe two or more of the following factors are present: (i) The victim
18       was a child under 15 years of age at the time of the crime; (ii) the victim
19       was of such age or intelligence that the victim was unable to determine
20       that the acts constituted a crime; (iii) the victim was prevented by a parent
21       or other legal authority from making known to law enforcement author-
22       ities the fact of the crime whether or not the parent or other legal au-
23       thority is the accused; and (iv) there is substantially competent expert
24       testimony indicating the victim psychologically repressed such witness'
25       memory of the fact of the crime, and in the expert's professional opinion
26       the recall of such memory is accurate and free of undue manipulation,
27       and substantial corroborating evidence can be produced in support of the
28       allegations contained in the complaint or information but in no event may
29       a prosecution be commenced as provided in this section later than the
30       date the victim turns 28 years of age. Corroborating evidence may in-
31       clude, but is not limited to, evidence the defendant committed similar
32       acts against other persons or evidence of contemporaneous physical man-
33       ifestations of the crime. ``Parent or other legal authority'' shall include
34       but not be limited to natural and stepparents, grandparents, aunts, uncles
35       or siblings.
36           (8) (5) An offense is committed either when every element occurs,
37       or, if a legislative purpose to prohibit a continuing offense plainly appears,
38       at the time when the course of conduct or the defendant's complicity
39       therein is terminated. Time starts to run on the day after the offense is
40       committed.
41           (9) (6) A prosecution is commenced when a complaint or information
42       is filed, or an indictment returned, and a warrant thereon is delivered to
43       the sheriff or other officer for execution. No such prosecution shall be

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  1       deemed to have been commenced if the warrant so issued is not executed
  2       without unreasonable delay.
  3           Sec. 2. K.S.A. 1997 Supp. 21-3106 is hereby repealed.
  4           Sec. 3. This act shall take effect and be in force from and after its
  5       publication in the statute book.