Session of 1999


      An  Act concerning civil commitment; relating to sexually violent predators; jury; peremp-
      tory challenges; amending K.S.A. 1998 Supp. 59-29a06 and repealing the existing

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 59-29a06 is hereby amended to read
as follows: 59-29a06. Within 60 days after the completion of any hearing
held pursuant to K.S.A. 59-29a05 and amendments thereto, the court
shall conduct a trial to determine whether the person is a sexually violent
predator. The trial may be continued upon the request of either party
and a showing of good cause, or by the court on its own motion in the
due administration of justice, and when the respondent will not be sub-
stantially prejudiced. At all stages of the proceedings under this act, any
person subject to this act shall be entitled to the assistance of counsel,
and if the person is indigent, the court shall appoint counsel to assist such
person. Whenever any person is subjected to an examination under this
act, such person may retain experts or professional persons to perform
an examination of such person's behalf. When the person wishes to be
examined by a qualified expert or professional person of such person's
own choice, such examiner shall be permitted to have reasonable access
to the person for the purpose of such examination, as well as to all relevant
medical and psychological records and reports. In the case of a person
who is indigent, the court, upon the person's request, shall determine
whether the services are necessary and reasonable compensation for such
services. If the court determines that the services are necessary and the
expert or professional person's requested compensation for such services
is reasonable, the court shall assist the person in obtaining an expert or
professional person to perform an examination or participate in the trial
on the person's behalf. The court shall approve payment for such services
upon the filing of a certified claim for compensation supported by a writ-
ten statement specifying the time expended, services rendered, expenses
incurred on behalf of the person and compensation received in the same
case or for the same services from any other source. The person, the
attorney general, or the judge shall have the right to demand that the trial
be before a jury. Such demand for the trial to be before a jury shall be
filed, in writing, at least four days prior to trial. Number and selection of
jurors shall be determined as provided in K.S.A. 22-3403, and amend-
ments thereto. If no demand is made, the trial shall be before the court.
A jury shall consist of 12 jurors unless the parties agree in writing with
the approval of the court that the jury shall consist of any number of
jurors less than 12 jurors. The person and the attorney general shall each
have eight peremptory challenges, or in the case of a jury of less than 12
jurors, a proportionally equal number of peremptory challenges.

      Sec.  2. K.S.A. 1998 Supp. 59-29a06 is hereby repealed.

      Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body


Speaker of the House
Chief Clerk of the House

Passed the SENATE ______________________________

President of the Senate
Secretary of the Senate

APPROVED ______________________________