Session Law

Identifying Information:L. 2002 ch. 128
Other Identifying Information:2002 House Bill 2880
Tax Type:Other
Brief Description:An Act concerning crimes, punishment and criminal procedure; relating to specimen collection; examination of victims of sexual assault; amending K.S.A. 2001 Supp. 21-2511 and 65-448 and repealing the existing sections.
Keywords:


Body:

CHAPTER 128

HOUSE BILL No. 2880


An Act concerning crimes, punishment and criminal procedure; relating to specimen col-

lection; examination of victims of sexual assault; amending K.S.A. 2001 Supp. 21-2511


and 65-448 and repealing the existing sections.


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

Section 1. K.S.A. 2001 Supp. 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 any offense which re-

quires such person to register as an offender pursuant to the Kansas

offender registration act, K.S.A. 22-4901 et seq., any off-grid felony, any

nondrug severity level 1 through 6 felony, or; a violation of subsection

(a)(1) of K.S.A. 21-3505,; a violation of K.S.A.21-3508, 21-3602, 21-3715,;

a violation of K.S.A. 21-4310, subsections (e)(2), (e)(3) and (e)(4) of

K.S.A. 65-4142 or K.S.A. 65-4159, and amendments thereto,; a violation

of K.S.A. 21-3424, and amendments thereto when the victim is less than

18 years of age; a violation of K.S.A. 21-3507, and amendments thereto,

when one of the parties involved is less than 18 years of age; a violation

of subsection (b)(1) of K.S.A. 21-3513, and amendments thereto, when

one of the parties involved is less than 18 years of age; a violation of K.S.A.

21-3515, and amendments thereto, when one of the parties involved is

less than 18 years of age; or a violation of K.S.A. 21-3517, and amend-

ments thereto; including an attempt, conspiracy or criminal solicitation,

as defined in K.S.A. 21-3301, 21-3302 or 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 investigation in accordance with the pro-

visions 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 because

of the commission of a crime specified in this subsection before the ef-

fective date of this act and is presently confined as a result of such con-

viction or adjudication in any state correctional facility or county jail or is

presently serving a sentence 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.

(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

adjudication:

(1) If placed directly on probation, that person must provide speci-

mens of blood and saliva, at a collection site designated by the Kansas

bureau of investigation. Collection of specimens shall be conducted by

qualified volunteers, contractual personnel or employees designated by

the Kansas bureau of investigation. Failure to cooperate with the collec-

tion 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 probation;

(2) if sentenced to the secretary of corrections, the specimens of

blood and saliva will be obtained immediately as soon as practical upon

arrival at the Topeka correctional facility; or

(3) if a juvenile offender is placed in the custody of the commissioner

of juvenile justice, in a youth residential facility or in a juvenile correc-

tional facility, the specimens of blood and saliva will be obtained imme-

diately as soon as practical upon arrival.

(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 or conditional release at a collection site designated by the

Kansas bureau of investigation. Collection of specimens shall be conducted

by qualified volunteers, contractual personnel or employees designated by

the Kansas bureau of investigation.

(e) The Kansas bureau of investigation shall provide all specimen vi-

als, 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. The bureau shall

analyze the samples into genetic marker groupings to the extent allowed

by funding available for this purpose.

(f) The genetic marker groupings DNA (deoxyribonucleic acid) re-

cords and DNA samples shall be maintained by the Kansas bureau of

investigation. The Kansas bureau of investigation shall establish, imple-

ment and maintain a statewide automated personal identification system

DNA databank and DNA database capable of, but not limited to, classi-

fying searching, matching and storing analysis of DNA (deoxyribonucleic

acid) and other biological molecules records. The genetic marker group-

ing analysis information and identification system DNA database as es-

tablished by this act shall be compatible with the procedures specified by

the federal bureau of investigation's combined DNA index system

(CODIS). The Kansas bureau of investigation may shall participate in the

CODIS program by sharing data and utilizing compatible test procedures,

laboratory equipment, supplies and computer software.

(g) The genetic marker grouping analysis information DNA records

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 coun-

tries duly authorized to receive the same, to all law enforcement officers

of the state of Kansas and to all prosecutor's agencies authorized criminal

justice agencies.

(h) The Kansas bureau of investigation shall be the state central re-

pository for all genetic marker grouping analysis information DNA records

and DNA samples obtained pursuant to this act. The Kansas bureau of

investigation may shall promulgate rules and regulations for the form and

manner of the collection of blood and saliva samples, maintenance and

expungement of DNA samples and other procedures for the operation of

this act. These rules and regulations also shall require compliance with

national quality assurance standards to ensure that the DNA records sat-

isfy standards of acceptance of such records into the national DNA iden-

tification index. The provisions of the Kansas administrative procedure

act shall apply to all actions taken under the rules and regulations so

promulgated.

Sec. 2. K.S.A. 2001 Supp. 65-448 is hereby amended to read as fol-

lows: 65-448. (a) Upon the request of any law enforcement officer and

with the written consent of the reported victim, any physician, a licensed

physician assistant, who has been specially trained in performing sexual

assault evidence collection, or a registered professional nurse, who has

been specially trained in performing sexual assault evidence collection, on

call or on duty at a medical care facility of this state, as defined by sub-

section (h) of K.S.A. 65-425, and amendments thereto, shall examine

persons who may be victims of sexual offenses cognizable as violations of

K.S.A. 21-3502, 21-3503, 21-3504, 21-3505, 21-3506, 21-3602 or 21-3603,

and amendments thereto, using Kansas bureau of investigation sexual

assault evidence collection kits or similar kits approved by the Kansas

bureau of investigation, for the purposes of gathering evidence of any

such crime. If the physician, licensed physician assistant or registered

professional nurse refuses to perform such physical examination the pros-

ecuting attorney is hereby empowered to seek a mandatory injunction

against such physician, licensed physician assistant or registered profes-

sional nurse to enforce the provisions of this act. Any refusal by a physi-

cian, licensed physician assistant or registered professional nurse to per-

form an examination which has been requested pursuant to this section

shall be reported by the county or district attorney to the state board of

healing arts or the board of nursing, whichever is applicable, for appro-

priate disciplinary action. The department of health and environment, in

cooperation with the Kansas bureau of investigation, shall establish pro-

cedures for gathering evidence pursuant to this section. A minor may

consent to examination under this section. Such consent is not subject to

disaffirmance because of minority, and consent of parent or guardian of

the minor is not required for such examination. The hospital or medical

facility shall give written notice to the parent or guardian of a minor that

such an examination has taken place.

(b) Costs of conducting an examination of a victim as herein provided

including the costs of the sexual assault evidence collection kits shall be

charged to and paid by the county where the alleged offense was com-

mitted. Such county may charge the defendant for the costs paid herein

as court costs assessed pursuant to K.S.A. 28-172a or 28-172c, and amend-

ments thereto.

Sec. 3. K.S.A. 2001 Supp. 21-2511 and 65-448 are hereby repealed.

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

publication in the Kansas register.

Approved May 16, 2002.

Published in the Kansas Register May 23, 2002.


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