Session Law

Identifying Information:L. 2002 ch. 055
Other Identifying Information:2002 House Bill 2399
Tax Type:Other
Brief Description:(Amended by Chapter 163)An Act concerning criminal procedure; relating to offender registration; amendingK.S.A. 2001 Supp. 22-4902 and 22-4906 and repealing the existing sections.
Keywords:


Body:

CHAPTER 55

HOUSE BILL No. 2399

(Amended by Chapter 163)

An Act concerning criminal procedure; relating to offender registration; amending

K.S.A. 2001 Supp. 22-4902 and 22-4906 and repealing the existing sections.


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

Section 1. K.S.A. 2001 Supp. 22-4902 is hereby amended to read as

follows: 22-4902. As used in this act, unless the context otherwise re-

quires:

(a) ``Offender'' means: (1) A sex offender as defined in subsection (b);

(2) a violent offender as defined in subsection (d);

(3) a sexually violent predator as defined in subsection (f);

(4) any person who, on and after the effective date of this act, is

convicted of any of the following crimes when the victim is less than 18

years of age:

(A) Kidnapping as defined in K.S.A. 21-3420 and amendments

thereto, except by a parent;

(B) aggravated kidnapping as defined in K.S.A. 21-3421 and amend-

ments thereto; or

(C) criminal restraint as defined in K.S.A. 21-3424 and amendments

thereto, except by a parent;

(5) any person convicted of any of the following criminal sexual con-

duct if one of the parties involved is less than 18 years of age:

(A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;

(B) criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-

3505, and amendments thereto;

(C) promoting prostitution as defined by K.S.A. 21-3513, and amend-

ments thereto;

(D) patronizing a prostitute as defined by K.S.A. 21-3515, and

amendments thereto;

(E) lewd and lascivious behavior as defined by K.S.A. 21-3508, and

amendment thereto; or

(F) unlawful sexual relations as defined by K.S.A. 21-3520, and

amendments thereto;

(6) any person who is a resident of this state who has been required

to register under any federal, military or other state's law;

(7) any person who has been convicted of an offense in effect at any

time prior to the effective date of this act, that is comparable to any crime

defined in subsection (4) or (5), or any federal, military or other state

conviction for an offense that under the laws of this state would be an

offense defined in subsection (4) or (5); or

(8) any person who has been convicted of an attempt, conspiracy or

criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303

and amendments thereto, of an offense defined in subsection (4) or (5).

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 pur-

suant to law is not a conviction for purposes of this section. A conviction

from another state shall constitute a conviction for purposes of this sec-

tion.

(b) ``Sex offender'' includes any person who, after the effective date

of this act, is convicted of any sexually violent crime set forth in subsection

(c) or 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).

(c) ``Sexually violent crime'' means:

(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;

(2) indecent liberties with a child as defined in K.S.A. 21-3503 and

amendments thereto;

(3) aggravated indecent liberties with a child as defined in K.S.A. 21-

3504 and amendments thereto;

(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of

K.S.A. 21-3505 and amendments thereto;

(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and

amendments thereto;

(6) indecent solicitation of a child as defined by K.S.A. 21-3510 and

amendments thereto;

(7) aggravated indecent solicitation of a child as defined by K.S.A.

21-3511 and amendments thereto;

(8) sexual exploitation of a child as defined by K.S.A. 21-3516 and

amendments thereto;

(9) sexual battery as defined by K.S.A. 21-3517 and amendments

thereto;

(10) aggravated sexual battery as defined by K.S.A. 21-3518 and

amendments thereto;

(11) aggravated incest as defined by K.S.A. 21-3603 and amendments

thereto; or

(12) any conviction for an offense in effect at any time prior to the

effective date of this act, that is comparable to a sexually violent crime as

defined in subparagraphs (1) through (11), or any federal, military or

other state conviction for an offense that under the laws of this state would

be a sexually violent crime as defined in this section;

(13) an attempt, conspiracy or criminal solicitation, as defined in

K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of a sex-

ually violent crime, as defined in this section; or

(14) any act which at the time of sentencing for the offense has been

determined beyond a reasonable doubt to have been sexually motivated.

As used in this subparagraph, ``sexually motivated'' means that one of the

purposes for which the defendant committed the crime was for the pur-

pose of the defendant's sexual gratification.

(d) ``Violent offender'' includes any person who, after the effective

date of this act, is convicted of any of the following crimes:

(1) Capital murder as defined by K.S.A. 21-3439 and amendments

thereto;

(2) murder in the first degree as defined by K.S.A. 21-3401 and

amendments thereto;

(3) murder in the second degree as defined by K.S.A. 21-3402 and

amendments thereto;

(4) voluntary manslaughter as defined by K.S.A. 21-3403 and amend-

ments thereto;

(5) involuntary manslaughter as defined by K.S.A. 21-3404 and

amendments thereto; or

(6) any conviction for an offense in effect at any time prior to the

effective date of this act, that is comparable to any crime defined in this

subsection, or any federal, military or other state conviction for an offense

that under the laws of this state would be an offense defined in this

subsection; or

(7) an attempt, conspiracy or criminal solicitation, as defined in

K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-

fense defined in this subsection.

(e) ``Law enforcement agency having jurisdiction'' means the sheriff

of the county in which the offender expects to reside upon the offender's

discharge, parole or release.

(f) ``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.

(g) ``Nonresident student or worker'' includes any offender who

crosses into the state or county for more than 14 days, or for an aggregate

period exceeding 30 days in a calender year, for the purposes of employ-

ment, with or without compensation, or to attend school as a student.

(h) ``Aggravated offenses'' means engaging in sexual acts involving

penetration with victims of any age through the use of force or the threat

of serious violence, or engaging in sexual acts involving penetration with

victims less than 14 years of age, and includes the following offenses:

(1) Rape as defined in subsection (a)(1)(A) and subsection (a)(2) of

K.S.A. 2001 Supp. 21-3502, and amendments thereto;

(2) aggravated criminal sodomy as defined in subsection (a)(1) and

subsection (a)(3)(A) of K.S.A. 21-3506, and amendments thereto; and

(3) any attempt, conspiracy or criminal solicitation, as defined in

K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-

fense defined in subsection (f).

Sec. 2. K.S.A. 2001 Supp. 22-4906 is hereby amended to read as

follows: 22-4906. (a) Any person required to register as provided in this

act shall be required to register: (1) Upon the first conviction of a sexually

violent crime as defined in subsection (c) of K.S.A. 22-4902 and amend-

ments thereto, any offense as defined in subsection (a) of K.S.A. 22-4902

and amendments thereto or any offense as defined in subsection (d) of

K.S.A. 22-4902 and amendments thereto, if not confined, for a period of

10 years after conviction, or, if confined, for a period of 10 years after

paroled, discharged or released; or (2) upon a second or subsequent con-

viction for such person's lifetime.

(b) Upon the first conviction, liability for registration terminates, if

not confined, at the expiration of 10 years from the date of conviction,

or, if confined, at the expiration of 10 years from the date of parole,

discharge or release, if the convicted offender does not again become

liable to register as provided by this act during that period.

(c) Any person who has been convicted of an aggravated offense shall

be required to register for such person's lifetime. The provisions of this

subsection shall expire on June 30, 2009.

(d) Any person who has been declared a sexually violent predator

pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shall reg-

ister for such person's lifetime.

(e) Any nonresident worker shall register for the duration of such

person's employment. The provisions of this subsection are in addition to

subsections (a) and (b).

(f) Any nonresident student shall register for the duration of such

person's attendance at a school or educational institution as provided in

this act. The provisions of this subsection are in addition to subsections

(a) and (b).

(g) Notwithstanding any other provisions of this section, a person

who 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) of K.S.A. 22-4902, and amendments thereto,

shall be required to register until such person reaches 18 years of age or

at the expiration of five years from the date of adjudication, whichever

date occurs later.

Sec. 3. K.S.A. 2001 Supp. 22-4902 and 22-4906 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 9, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002