An Act concerning crimes, punishment and criminal procedure; amending K.S.A. 21-2511, 21-3816, 22-2401a, 22-2902a, 22-3437, 22-4904, 22-4907 and 28-176 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-2511 is hereby amended to read as follows:
21- 2511. (a) Any person convicted as an adult or
adjudicated as a juvenile offender because of the commission of an
unlawful sexual act as defined in subsection (4) of K.S.A. 21-3501,
and amendments thereto,
or an at- tempt of such unlawful
sexual act or convicted as an adult or adjudicated
as a juvenile offender because of the commission of a violation of
K.S.A. 21-3401, 21-3402, 21-3510, 21-3511, 21-3516, 21-3602,
21-3603 or 21- 3609, and amendments thereto, including an
attempt, as defined in K.S.A. 21-3301, and amendments thereto,
conspiracy, as defined in K.S.A. 21- 3302, and amendments thereto,
or criminal solicitation, as defined in K.S.A. 21-3303, and
amendments thereto, of any such offenses provided in this
subsection regardless of the sentence imposed, shall be
required to submit specimens of blood and saliva to the Kansas
bureau of inves- tigation in accordance with the provisions of this
act, if such person is:
(1) Convicted as an adult or adjudicated as a juvenile offender be- cause of the commission of a crime specified in subsection (a) on or after the effective date of this act;
(2) ordered institutionalized as a result of being convicted as an adult or adjudicated as a juvenile offender because of the commission of a crime specified in subsection (a) on or after the effective date of this act; or
(3) convicted as an adult or adjudicated as a juvenile offender be- cause of the commission of a crime specified in this subsection before the effective date of this act and is presently confined as a result of such conviction or adjudication in any state correctional facility or county jail or is presently serving an authorized disposition under K.S.A. 21-4603, 22-3717 or 38-1663, and amendments thereto.
(b) Notwithstanding any other provision of law, the Kansas bureau of investigation is authorized to obtain fingerprints and other identifiers for all persons, whether juveniles or adults, covered by this act.
(b) (c) Any person required by
paragraphs (a)(1) and (a)(2) to provide specimens of blood and
saliva shall be ordered by the court to have spec- imens of blood
and saliva collected within 10 days after sentencing or
(1) If placed directly on probation,
as a condition of
probation, that person must provide specimens of blood and
saliva, at a collection site designated by the Kansas bureau of
investigation. Failure to cooperate with the collection of the
specimens and any deliberate act by that person intended to impede,
delay or stop the collection of the specimens shall be punishable
as contempt of court and constitute grounds to revoke
(2) if sentenced to the secretary of corrections, the specimens of blood and saliva will be obtained immediately upon arrival at the Topeka correctional facility; or
(3) if a juvenile offender is placed in the custody of the secretary of social and rehabilitation services, in a youth residential facility or in a state youth center, the specimens of blood and saliva will be obtained imme- diately upon arrival.
(c) (d) Any person required by paragraph
(a)(3) to provide specimens of blood and saliva shall be required
to provide such samples prior to final discharge, parole, or
release at a collection site designated by the Kansas bureau of
investigation. (d) (e) The Kansas bureau of
investigation shall provide all specimen vials, mailing tubes,
labels and instructions necessary for the collection of blood and
saliva samples. The collection of samples shall be performed in a
medically approved manner. No person authorized by this section to
withdraw blood and collect saliva, and no person assisting in the
collection of these samples shall be liable in any civil or
criminal action when the act is performed in a reasonable manner
according to generally accepted medical practices. The withdrawal
of blood for purposes of this act may be performed only by: (1) A
person licensed to practice medicine and surgery or a person acting
under the supervision of any such licensed person; (2) a registered
nurse or a licensed practical nurse; or (3) any qualified medical
technician including, but not limited to, an emergency medical
technician-intermediate or mobile intensive care technician, as
those terms are defined in K.S.A. 65-6112, and amendments thereto,
or a phlebotomist. The samples shall thereafter be forwarded to the
Kansas bureau of investigation for analysis and categorizing into
genetic marker groupings. (e) (f) The genetic marker groupings
shall be maintained by the Kan- sas bureau of investigation. The
Kansas bureau of investigation shall es- tablish, implement and
maintain a statewide automated personal identi- fication system
capable of, but not limited to, classifying, matching and storing
analysis of DNA (deoxyribonucleic acid) and other biological mol-
ecules. The genetic marker grouping analysis information and
identifi- cation system as established by this act shall be
compatible with the pro- cedures specified by the federal bureau of
investigation's combined DNA index system (CODIS). The Kansas
bureau of investigation may partici- pate in the CODIS program by
sharing data and utilizing compatible test procedures, laboratory
equipment, supplies and computer software. (f) (g) The genetic marker grouping
analysis information obtained pursuant to this act shall be
confidential and shall be released only to law enforcement officers
of the United States, of other states or territories, of the
insular possessions of the United States, or foreign countries duly
authorized to receive the same, to all law enforcement officers of
the state of Kansas and to all prosecutor's agencies. (g) (h) The Kansas bureau of
investigation shall be the state central repository for all genetic
marker grouping analysis information obtained pursuant to this act.
The Kansas bureau of investigation may promulgate rules and
regulations for the form and manner of the collection of blood and
saliva samples and other procedures for the operation of this act.
The provisions of the Kansas administrative procedure act shall
apply to all actions taken under the rules and regulations so
Sec. 2. K.S.A. 22-2902a is hereby amended to read as follows:
22- 2902a. At any preliminary examination in which the results of a
forensic examination, analysis, comparison or identification
prepared by the Kan- sas bureau of investigation, the federal
bureau of investigation, the bureau of alcohol, tobacco and
firearms of the United States department of the treasury, the state
secretary of health and environment, the sheriff's de- partment of
or, Shawnee or Sedgwick
county, the police de- partment of the cities of Topeka or Wichita,
the Sedgwick county regional forensic science center, the
drug enforcement administration, the air force of the United
States, the navy of the United States, the army of the United
States or Bethany medical center, inc. located in Kansas City,
Kansas are to be introduced as evidence, the report, or a copy of
the report, of the findings of the forensic examiner shall be
admissible into evidence in the preliminary examination in the same
manner and with the same force and effect as if the forensic
examiner who performed such examination, anal- ysis, comparison or
identification and prepared the report thereon had testified in
Sec. 3. K.S.A. 22-3437 is hereby amended to read as follows: 22-
3437. (1) In any hearing or trial, a report concerning forensic
examinations and certificate of forensic examination executed
pursuant to this section
and admissible pursuant to
subsection (f)(1) of K.S.A. 8-1001, and amend- ments
thereto, shall be admissible in evidence if the report and
certificate are prepared and attested by a criminalist or other
employee of the Kansas bureau of investigation, Kansas highway
patrol or any laboratory of the federal bureau of investigation,
federal postal inspection service, federal bureau of alcohol,
tobacco and firearms or federal drug enforcement ad- ministration
or any. If the examination involves a breath
test for alcohol content, the report must also be admissible
pursuant to subsection (f)(1) of K.S.A. 8-1001, and amendments
thereto, and be conducted by a law enforcement officer or other
person who is certified by the department of health and environment
as a breath test operator as provided by K.S.A. 65-1,107 et seq.
and amendments thereto.
(2) Upon the request of any law enforcement agency, such person as provided in subsection (1) performing the analysis shall prepare a certif- icate. Such person shall sign the certificate under oath and shall include in the certificate an attestation as to the result of the analysis. The pres- entation of this certificate to a court by any party to a proceeding shall be evidence that all of the requirements and provisions of this section have been complied with. This certificate shall be sworn to before a notary public or other person empowered by law to take oaths and shall contain a statement establishing the following: The type of analysis performed; the result achieved; any conclusions reached based upon that result; that the subscriber is the person who performed the analysis and made the conclusions; the subscriber's training or experience to perform the anal- ysis; the nature and condition of the equipment used; and the certification and foundation requirements for admissibility of breath test results, when appropriate. When properly executed, the certificate shall, subject to the provisions of subsection (3) and notwithstanding any other provision of law, be admissible evidence of the results of the forensic examination of the samples or evidence submitted for analysis and the court shall take judicial notice of the signature of the person performing the analysis and of the fact that such person is that person who performed the analysis.
(3) Whenever a party intends to proffer in a criminal or civil pro- ceeding, a certificate executed pursuant to this section, notice of an intent to proffer that certificate and the reports relating to the analysis in ques- tion, including a copy of the certificate, shall be conveyed to the opposing party or parties within 20 days after arraignment, if a criminal proceeding or at least 20 days before a civil trial begins. An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection and the grounds for the objection within 10 days upon receiving the adversary's notice of intent to proffer the certificate. When- ever a notice of objection is filed, admissibility of the certificate shall be determined not later than two days before the beginning of the trial. A proffered certificate shall be admitted in evidence unless it appears from the notice of objection and grounds for that objection that the conclusions of the certificate, including the composition, quality or quantity of the substance submitted to the laboratory for analysis or the alcohol content of a blood or breath sample will be contested at trial. A failure to comply with the time limitations regarding the notice of objection required by this section shall constitute a waiver of any objections to the admission of the certificate. The time limitations set forth in this section may be ex- tended upon a showing of good cause.
Sec. 4. K.S.A. 22-4904 is hereby amended to read as follows: 22- 4904. (a) Within 15 days of the sex offender coming into any county in which the sex offender resides or is temporarily domiciled for more than 15 days, the sex offender shall register with the sheriff of the county. Notwithstanding any other provision of law, if a diversionary agreement or probation order, either adult or juvenile, requires registration under the sex offender registration act then all provisions of that act shall apply, except that the term of registration shall be controlled by such diversion- ary agreement or probation order. The sex offender shall thereafter update the registration annually until liability to register expires pursuant to K.S.A. 22-4906, and amendments thereto.
(b) (1) If any person required to register as provided in this act changes the address of their residence, the sex offender shall, within 10 days, inform in writing the law enforcement agency where last registered of the new address.
(2) The law enforcement agency shall, within three days of
receipt of the
new initial registration or
change of address, forward this information to the Kansas
bureau of investigation and, if applicable, to the law en-
forcement agency having jurisdiction of the new place of
Sec. 5. K.S.A. 22-4907 is hereby amended to read as follows: 22- 4907. (a) Registration as required by this act shall consist of a statement in writing, on a form prepared by the Kansas bureau of investigation, signed by the person. The information shall include the following:
(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;
a photograph sex and age of
fingerprints; and current
(7) social security number
(8) identifying characteristics such as race, sex, age, hair and eye color, scars and blood type;
(9) occupation and name or employer; and
(10) drivers license and vehicle information.
(b) The sex offender shall also provide to the registering law enforce- ment agency:
(1) A photograph;
(2) fingerprints; and
(3) DNA exemplars, unless already on file.
(c) If the exemplars to be taken require the withdrawal of blood, such withdrawal may be performed only by:
(1) A person licensed to practice medicine and surgery or a person acting under the supervision of any such licensed person;
(2) a registered nurse or a licensed practical nurse;
(3) any qualified medical technician; or
(4) a licensed phlebotomist.
(b) (d) Within three days, the
registering law enforcement agency shall forward the statement and
any other required information to the Kansas bureau of
Sec. 6. K.S.A. 28-176 is hereby amended to read as follows: 28-176. (a) Any person convicted or diverted, or adjudicated or diverted under a preadjudication program, pursuant to K.S.A. 22-2906 et seq., 38-1635 et seq., or 12-4414 et seq., and amendments thereto, of a misdemeanor or felony contained in chapters 21, 41 or 65 of the Kansas Statutes Anno- tated, or a violation of K.S.A. 8-1567 and amendments thereto, involving drugs or controlled substances, shall pay a separate court cost of $150 as a Kansas bureau of investigation laboratory analysis fee for each offense if forensic science or laboratory services are rendered or administered by the Kansas bureau of investigation in connection with the case.
(b) Such fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense.
(c) Disbursements from the Kansas bureau of investigation laboratory analysis fee deposited into the forensic laboratory and materials fee fund of the Kansas bureau of investigation shall be made for the following:
(1) Providing criminalistic laboratory services;
(2) the purchase and maintenance of equipment for use by the lab- oratory in performing analysis;
(3) education, training and scientific development of Kansas bureau of investigation personnel; and
(4) the destruction of seized property and chemicals as prescribed in K.S.A. 22-2512 and K.S.A. 65-4135 and amendments thereto.
(d) Fees received into this fund shall be supplemental to regular ap- propriations to the Kansas bureau of investigation.
Sec. 7. K.S.A. 21-3816 is hereby amended to read as follows: 21- 3816. (a) Interference with the administration of justice is communicating in any manner a threat of violence to any judicial officer or any prose- cuting attorney or harassing a judicial officer or a prosecuting attorney by repeated vituperative communication, or picketing, parading or dem- onstrating in or near a building housing a judicial officer or a prosecuting attorney or near such officer's or prosecuting attorney's residence or place of abode, with intent to influence, impede or obstruct the finding, deci- sion, ruling, order, judgment or decree of such judicial officer or prose- cuting attorney on any matter then pending before the officer or prose- cuting attorney.
(b) Nothing in this section shall limit or prevent the exercise by any court of this state of its power to punish for contempt.
(c) Interference with the administration of justice is a class A non- person misdemeanor.
(d) As used in this section, ``prosecuting attorney'' has the meaning ascribed thereto in K.S.A. 22-2202, and amendments thereto.
Sec. 8. K.S.A. 22-2401a is hereby amended to read as follows: 22- 2401a. (1) Law enforcement officers employed by consolidated county law enforcement agencies or departments and sheriffs and their deputies may exercise their powers as law enforcement officers:
(a) Anywhere within their county; and
(b) in any other place when a request for assistance has been made by law enforcement officers from that place or when in fresh pursuit of a person.
(2) Law enforcement officers employed by any city may exercise their powers as law enforcement officers:
(a) Anywhere within the city limits of the city employing them and outside of such city when on property owned or under the control of such city; and
(b) in any other place when a request for assistance has been made by law enforcement officers from that place or when in fresh pursuit of a person.
(3) University police officers employed by the chief executive officer of any state educational institution or municipal university may exercise their powers as university police officers anywhere on:
(a) Property owned or operated by the state educational institution or municipal university, by a board of trustees of the state educational institution, an endowment association, an athletic association, a fraternity, sorority or other student group associated with the state educational in- stitution or municipal university; and
(b) the streets, property and highways immediately adjacent to the campus of the state educational institution or municipal university. When there is reason to believe that a violation of a state law, a county resolution, or a city ordinance has occurred on property described in this subsection, such officers with appropriate notification of, and coordination with, local law enforcement agencies or departments, may investigate and arrest per- sons for such a violation anywhere within the city where such property, streets and highways are located. Such officers also may exercise such powers in any other place when in fresh pursuit of a person. University police officers at the university of Kansas medical center shall also have authority to transport persons in custody to an appropriate facility, wher- ever it may be located, and to make emergency transportation of medical supplies and transplant organs.
(4) In addition to the areas where law enforcement officers may ex- ercise their powers pursuant to subsection (2), law enforcement officers of any jurisdiction within Johnson or Sedgwick county may exercise their powers as law enforcement officers in any area within the respective county when executing a valid arrest warrant or search warrant, to the extent necessary to execute such warrants.
(5) In addition to the areas where university police officers may ex- ercise their powers pursuant to subsection (3), university police officers may exercise the powers of law enforcement officers in any area outside their normal jurisdiction when a request for assistance has been made by law enforcement officers from the area for which assistance is requested.
(6) In addition to the areas where law enforcement officers may ex- ercise their powers pursuant to subsection (2), law enforcement officers of any jurisdiction within Johnson county may exercise their powers as law enforcement officers in any adjoining city within Johnson county when any crime, including a traffic infraction, has been or is being com- mitted by a person in view of the law enforcement officer. A law enforce- ment officer shall be considered to be exercising such officer's powers pursuant to subsection (2), when such officer is responding to the scene of a crime, even if such officer exits the city limits of the city employing the officer and further reenters the city limits of the city employing the officer to respond to such scene.
(6) (7) As used in this section:
(a) ``Law enforcement officer'' has the meaning ascribed thereto in K.S.A. 22-2202 and amendments thereto.
(b) ``University police officers'' means university police officers em- ployed by the chief executive officer of: (1) any state educational insti- tution under the control and supervision of the state board of regents; or (2) a municipal university.
(c) ``Fresh pursuit'' means pursuit, without unnecessary delay, of a person who has committed a crime, or who is reasonably suspected of having committed a crime.
Sec. 9. K.S.A. 21-2511, 21-3816, 22-2401a, 22-2902a, 22-3437, 22- 4904, 22-4907 and 28-176 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its publication in the statute book.
Approved May 11, 1996.