reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4529 Entitlement of defendant to counsel; application fee; disposition of moneys.

22-4529. Entitlement of defendant to counsel; application fee; disposition of moneys.
Any defendant entitled to counsel pursuant to K.S.A. 22-4503, and amendments thereto, shall pay an application fee in the amount of $100 to the clerk of the district court. Any defendant entitled to counsel in a proceeding for a violation of a condition of release pursuant to K.S.A. 22-3716, and amendments thereto, shall pay an application fee of $100 to the clerk of the district court. Such fee shall be paid regardless of whether the defendant has paid application fees pursuant to this section in any other proceeding. If it appears to the satisfaction of the court that payment of the application fee will impose manifest hardship on the defendant, the court may waive payment of all or part of the application fee. All moneys received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents' defense services fund. If the defendant is acquitted or the case is dismissed, any application fee paid pursuant to this section shall be remitted to the defendant.
History:
L. 1997, ch. 181, § 16; L. 2001, ch. 5, § 84; L. 2003, ch. 123, § 2; L. 2012, ch. 30, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4602 Effect on pending actions.

22-4602.
Effect on pending actions.
(1) The trial of any prosecution commenced prior to the effective date of this chapter, and proceedings incidental thereto, shall be governed by this chapter unless the defendant elects to be proceeded against under the law in force at the time the prosecution was commenced. Such election shall be made by the defendant in open court or in writing at or prior to the time of commencement of trial.
(2) Appeals commenced prior to the effective date of this chapter shall be governed by the provisions of this chapter from and after its effective date.
History:
L. 1970, ch. 129, § 22-4602; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4603 Employment of county and city prisoners.

22-4603. Employment of county and city prisoners.
(1) Whenever any able-bodied prisoner is confined in the county jail or the jail of any town or city, having been convicted of a misdemeanor or of a violation of an ordinance of such town or city, the sheriff of such county, or the marshal or the chief of police of such town or city, under the direction of the county commissioners or the governing body of the town or city, may allow such persons to work at suitable public or charitable employment for not more than eight hours on each working day.
(2) A person so employed shall receive a credit on any fine and costs imposed in an amount equal to $5 for each full hour spent by the person in the specified work.
(3) Persons held in jail and awaiting trial or held on civil process, may, with their consent, be likewise so employed and shall receive a credit on any fines and costs in an amount equal to $5 for each full hour spent by the person in the specified work, or if there are no such fines and costs, compensation for such employment in an amount agreed to by the person and the city or county, but not less than $5 a day, to be paid by the city or the county.
(4) Any prisoner employed as above provided, shall continue to be deemed prisoners during the hours of their employment and subject to all laws, rules and regulations relating to prisoners.
History:
L. 1970, ch. 129, § 22-4603; L. 2011, ch. 100, § 10; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4605 Release from custody; query criminal databases.

22-4605.
Release from custody; query criminal databases.
(a) No person, whether convicted or being held on suspicion of charges, who is incarcerated by the state or any political subdivision thereof shall be released from custody until the custodian of such person has queried available state and federal criminal databases to determine whether there are any outstanding warrants for such person's arrest.
(b) This section shall be part of and supplemental to the Kansas code of criminal procedure.
History:
L. 2000, ch. 181, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4606 Racial and other profiling; definitions.

22-4606. Racial and other profiling; definitions.
As used in this act:
(a) "Governmental unit" means the state, or any county, city or other political subdivision thereof, or any department, division, board or other agency of any of the foregoing, except governmental unit shall not include the board of education of any school district employing school security officers.
(b) "Law enforcement agency" means the governmental unit employing the law enforcement officer.
(c) "Law enforcement officer" has the meaning ascribed thereto in K.S.A. 74-5602, and amendments thereto, except law enforcement officer shall not include school security officers designated as school law enforcement officers pursuant to K.S.A. 72-6146, and amendments thereto.
(d) "Racial or other biased-based policing" means the unreasonable use of race, ethnicity, national origin, gender or religion by a law enforcement officer in deciding to initiate an enforcement action. It is not racial or other biased-based policing when race, ethnicity, national origin, gender or religion is used in combination with other identifying factors as part of a specific individual description to initiate an enforcement action.
(e) "Enforcement action" means any law enforcement act, as described in K.S.A. 22-4609, and amendments thereto, during a nonconsensual contact with an individual or individuals.
(f) "Collection of data" means that information collected by Kansas law enforcement officers after each traffic stop.
History:
L. 2005, ch. 159, § 1; L. 2011, ch. 94, § 1; May 26.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4609 Profiling prohibited as basis for making stop, search or arrest.

22-4609. Profiling prohibited as basis for making stop, search or arrest.
It is unlawful to use racial or other biased-based policing in:
(a) Determining the existence of probable cause to take into custody or to arrest an individual;
(b) constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle; or
(c) determining the existence of probable cause to conduct a search of an individual or a conveyance.
History:
L. 2005, ch. 159, § 4; L. 2011, ch. 94, § 2; May 26.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4611 Complaints, office of attorney general, procedure; civil action.

22-4611. Complaints, office of attorney general, procedure; civil action.
(a) Any person who believes such person has been subjected to racial or other biased-based policing by a law enforcement officer or agency may file a complaint with the law enforcement agency. The complainant may also file a complaint with the office of the attorney general. The office of the attorney general shall review and, if necessary, investigate the complaint and may find there is insufficient evidence of racial or other biased-based policing or may forward the complaint for further review and possible action to the Kansas commission on peace officers' standards and training. The commission shall review and, if necessary, further investigate the complaint. The commission may take action on the officer's certification or other corrective action as allowed by its governing statutes and rules and regulations. The commission shall consult with the head of the law enforcement agency before taking final action regarding discipline of any law enforcement officer or other disposition of the complaint.
(b) Within 10 days of receiving a complaint, the office of the attorney general shall provide notification that such complaint has been filed to the accused officer and to the head of the accused officer's law enforcement agency, including a copy of all complaint documentation submitted by the complainant.
(c) Upon disposition of a complaint as provided for in subsection (a) the complainant shall have a civil cause of action in the district court against the law enforcement officer or law enforcement agency, or both, and shall be entitled to recover damages if it is determined by the court that such officer or agency engaged in racial or other biased-based policing. The court may allow the prevailing party reasonable attorney fees and court costs.
History:
L. 2005, ch. 159, § 6; L. 2011, ch. 94, § 4; May 26.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4611b Community advisory boards; establishment, cities, counties.

22-4611b. Community advisory boards; establishment, cities, counties.
The governing body of any city, by ordinance or the sheriff of any county may, establish a community advisory board to work with the law enforcement agency of such city or county in accordance with the provisions of K.S.A. 22-4606 et seq., and amendments thereto.
History:
L. 2011, ch. 94, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4613 Prohibition against releasing person from custody to avoid cost of medical treatment; court order.

22-4613.
Prohibition against releasing person from custody to avoid cost of medical treatment; court order.
(a) A law enforcement officer having custody of a person shall not release such person from custody merely to avoid the cost of necessary medical treatment while the person is receiving treatment from a health care provider unless the health care provider consents to such release, or unless the release is ordered by a court of competent jurisdiction. When the law enforcement officer is satisfied that probable cause no longer exists to believe the suspect committed a crime based upon the ongoing investigation, or the prosecuting attorney gives notice that no prosecution will be forthcoming at this time, the law enforcement officer may release such person from custody. Upon the date of notification to the health care provider that the person is being released from custody because the ongoing investigation indicates that probable cause no longer exists or a decision by the prosecuting attorney that no charges will be filed, the law enforcement agency shall no longer be responsible for the cost of such person's medical treatment.
(b) As used in this section:
(1) "Law enforcement officer" has the meaning ascribed thereto in K.S.A. 22-2202, and amendments thereto.
(2) "Health care provider" has the meaning ascribed thereto in K.S.A. 22-4612, and amendments thereto.
History:
L. 2006, ch. 183, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4614 Alleged victims of certain offenses, polygraph examination prohibited.

22-4614. Alleged victims of certain offenses, polygraph examination prohibited.
No law enforcement officer, government official or prosecutor shall request or require any person who is alleged to be a victim of an offense described in article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 21-6419 through 21-6422, and amendments thereto, human trafficking or aggravated human trafficking as defined in K.S.A. 21-5426, and amendments thereto, or incest or aggravated incest as defined in K.S.A. 21-5604, and amendments thereto, to submit to a polygraph examination or similar truth telling device as a condition for proceeding with an investigation, or charging or prosecuting such an offense.
History:
L. 2008, ch. 62, § 1; L. 2011, ch. 30, § 140; L. 2015, ch. 94, § 9; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4615 Call location information of telecommunications device in emergency situation; telecommunications carriers; Kansas bureau of investigation database, law enforcement agency access.

22-4615.
Call location information of telecommunications device in emergency situation; telecommunications carriers; Kansas bureau of investigation database, law enforcement agency access.
(a) Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information concerning the telecommunications device of the user to the requesting law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.
(b) Notwithstanding any other provision of law to the contrary, nothing in this section prohibits a wireless telecommunications carrier from establishing protocols by which the carrier could voluntarily disclose call location information.
(c) No cause of action shall lie in any court against any wireless telecommunications carrier, its officers, employees, agents or other specified persons for providing call location information while acting in good faith and in accordance with the provisions of this section.
(d) (1) All wireless telecommunications carriers registered to do business in the state of Kansas or submitting to the jurisdiction thereof and all resellers of wireless telecommunications services shall submit their emergency contact information to the Kansas bureau of investigation in order to facilitate requests from a law enforcement agency for call location information in accordance with this section. This contact information must be submitted annually by June 15th or immediately upon any change in contact information.
(2) The Kansas bureau of investigation shall maintain a database containing emergency contact information for all wireless telecommunications carriers registered to do business in the state of Kansas and shall make the information immediately available upon request to all public safety answer points in the state.
(e) Rules and regulations shall be promulgated by the director of the Kansas bureau of investigation to fulfill the requirements of this section no later than July 1, 2011.
(f) This section shall be known and may be cited as the Kelsey Smith act.
History: L. 2009, ch. 143, § 1; L. 2010, ch. 100, § 1; April 22.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4616 Domestic violence offenses; designation; special sentencing provision.

22-4616. Domestic violence offenses; designation; special sentencing provision.
(a) On and after July 1, 2011, in all criminal cases filed in the district court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense. On and after July 1, 2013, in all criminal cases filed in the municipal court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense.
(1) Except as provided further, if the trier of fact determines that the defendant committed a domestic violence offense, the court shall place a domestic violence designation on the criminal case and the defendant shall be subject to the provisions of subsection (p) of K.S.A. 21-6604, and amendments thereto.
(2) The court shall not place a domestic violence designation on the criminal case and the defendant shall not be subject to the provisions of subsection (p) of K.S.A. 21-6604, and amendments thereto, only if the court finds on the record that:
(A) The defendant has not previously committed a domestic violence offense or participated in a diversion upon a complaint alleging a domestic violence offense; and
(B) the domestic violence offense was not used to coerce, control, punish, intimidate or take revenge against a person with whom the offender is involved or has been involved in a dating relationship or against a family or household member.
(b) The term "domestic violence offense" shall have the meaning provided in K.S.A. 21-5111, and amendments thereto.
(c) This section shall be a part of and supplemental to the Kansas code for criminal procedure.
History:
L. 2010, ch. 101, § 1; L. 2011, ch. 30, § 141; L. 2012, ch. 162, § 17; May 31.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4617 Designation as domestic violence offense in case number.

22-4617. Designation as domestic violence offense in case number.
In all criminal cases, when a complaint is filed charging a defendant with commission of any crime whereby the underlying factual basis includes an act of domestic violence, as defined in K.S.A. 21-5111, and amendments thereto, the court may place a "DV" designation in the unique identifying case number assigned to such case. Nothing in this section shall be construed to limit the courts of this state from adopting a system of case designation deemed by the courts to be beneficial to the efficient administration of justice.
History:
L. 2010, ch. 101, § 2; L. 2011, ch. 30, § 142; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4618 Reporting of sexually violent crimes and pornographic materials.

22-4618. Reporting of sexually violent crimes and pornographic materials.
(a) As used in this section:
(1) "Nudity" means the showing, unclothed or with less than a fully opaque covering, of the human male or female genitals, pubic area, buttocks or female breast below a point immediately above the top of the areola.
(2) "Pornographic materials" means sexual devices or books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video presentations, computer-generated images or pictures, slides or other visual representations, whether made or produced by electronic, mechanical or other means, which depict, describe or simulate sexually explicit conduct or nudity.
(3) "Sexually explicit conduct" means acts of masturbation, sexual intercourse, sodomy, sadomasochistic abuse or physical contact with a person's clothed or unclothed genitals, pubic area or buttocks or with a human female's breast.
(4) "Sexually violent crime" means the same as in K.S.A. 22-4902, and amendments thereto.
(b) The Kansas bureau of investigation will work with the office of the attorney general and with state and local law enforcement to identify a process to uniformly report data to the central repository enabling the production of a report generated at least annually to identify the total number of sexually violent crimes reported and the number of such crimes where pornographic materials are seized or documented as evidence. This process shall be in place within one year of the implementation of a capable central repository system.
(c) Reports of materials found pursuant to the provisions of subsection (b) shall be used for statistical purposes only.
(d) Upon implementation of a central repository system, the Kansas bureau of investigation shall:
(1) Make the necessary changes to the Kansas standard offense report and the Kansas incident based reporting system handbook; and
(2) promulgate rules and regulations concerning the training for law enforcement agencies to implement the provisions of this section.
(e) Nothing in this section shall be construed to expand the scope of the officer's search.
(f) The provisions of this section are subject to appropriations.
History:
L. 2013, ch. 118, § 7; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4619 Eyewitness procedures; law enforcement policies, requirements; available to public.

22-4619. Eyewitness procedures; law enforcement policies, requirements; available to public.
(a) All law enforcement agencies in this state shall adopt a detailed, written policy relating to the procedures to be employed when a citizen is asked to identify a person in the context of a criminal investigation.
(b) All law enforcement agencies in this state shall collaborate with the county or district attorney in the appropriate jurisdiction to adopt written policies regarding eyewitness procedures. Such policies shall be made available to all officers of such agency.
(c) Policies adopted pursuant to this section shall be implemented by all Kansas law enforcement agencies within two years after the effective date of this act. Such policies shall be available for public inspection during normal business hours.
(d) The policies adopted pursuant to this section shall include, but not be limited to, identifying the procedures the law enforcement agency should employ when asking a citizen to identify a person in the context of a criminal investigation. The procedures should include:
(1) Use of blind and blinded procedures;
(2) instructions to the witness that the perpetrator may or may not be present;
(3) use of non-suspect fillers who are reasonably similar to the perpetrator and do not make the suspect stand out; and
(4) after an identification is made by the witness, eliciting a confidence statement, in the witness's own words, regarding the level of certainty in the selection.
History:
L. 2016, ch. 87, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 46 - General Provisions › 22-4621 Submission of sexual assault kits for testing; law enforcement policies, requirements; available for public inspection.

22-4621. Submission of sexual assault kits for testing; law enforcement policies, requirements; available for public inspection.
(a) All law enforcement agencies in this state shall adopt a written policy requiring submission of all sexual assault kits that correspond to a law enforcement report of sexual assault to the Johnson county sheriff's office criminalistics laboratory, Sedgwick county regional forensic science center, the Kansas bureau of investigation or another accredited forensic laboratory.
(b) Such policy shall:
(1) Ensure that all sexual assault kits that correspond to a law enforcement report of sexual assault are submitted to a laboratory described in subsection (a) for analysis within 30 business days from the collection of the kit for examination; and
(2) include a procedure to ensure the examination results are received by the investigating officer upon the completion of the examination.
(c) All law enforcement agencies in this state shall collaborate with the county or district attorneys in the appropriate jurisdiction regarding the contents of the written policies required by this section.
(d) Policies adopted pursuant to this section shall be made available to all law enforcement officers employed by such law enforcement agency and shall be available for public inspection during normal business hours.
(e) Policies required by this section shall be adopted and implemented by all law enforcement agencies in this state prior to January 31, 2023.
History:
L. 2022, ch. 40, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 47 - Criminal History Record Information › 22-4704 Criminal history record information; rules and regulations.

22-4704. Criminal history record information; rules and regulations.
(a) In accordance with the provisions of K.S.A. 77-415 et seq., and amendments thereto, the director shall adopt appropriate rules and regulations for agencies in the executive branch of government and for criminal justice agencies other than those that are part of the judicial branch of government to implement the provisions of this act.
(b) The director shall develop procedures to permit and encourage the transfer of criminal history record information among and between courts and affected agencies in the executive branch, and especially between courts and the central repository.
(c) The rules and regulations adopted by the director shall include those: (1) Governing the collection, reporting, and dissemination of criminal history record information by criminal justice agencies;
(2) necessary to insure the security of all criminal history record information reported, collected and disseminated by and through the criminal justice information system;
(3) necessary for the coordination of all criminal justice data and information processing activities as they relate to criminal history record information;
(4) governing the dissemination of criminal history record information;
(5) governing the procedures for inspection and challenging of criminal history record information;
(6) governing the auditing of criminal justice agencies to insure* that criminal history record information is accurate and complete and that it is collected, reported, and disseminated in accordance with this act;
(7) governing the development and content of agreements between the central repository and criminal justice and noncriminal justice agencies; and
(8) governing the exercise of the rights of inspection and challenge provided in this act.
(d) The rules and regulations adopted by the director shall not include any provision that allows the charging of a fee for information requests for the purpose of participating in a block parent program, including, but not limited to, the McGruff house program.
(e) Rules and regulations adopted by the director may not be inconsistent with the provisions of this act.
(f) On or before July 1, 2014, the director shall adopt rules and regulations requiring district courts to electronically report all case filings and dispositions for violations of K.S.A. 8-1567 or K.S.A. 21-5426, 21-6419, 21-6420, 21-6421 or 21-6422, and amendments thereto, to the central repository.
History:
L. 1978, ch. 118, § 4; L. 1979, ch. 102, § 1; L. 1993, ch. 208, § 1; L. 2011, ch. 105, § 27; L. 2012, ch. 172, § 35; L. 2013, ch. 10, § 3; L. 2014, ch. 28, § 6; L. 2018, ch. 106, § 32; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 47 - Criminal History Record Information › 22-4706 Agreements between central repository and criminal justice agencies.

22-4706.
Agreements between central repository and criminal justice agencies.
The director, pursuant to the rules and regulations adopted, shall develop agreements between the central repository and criminal justice agencies pertaining to:
(a) The method by which the agency will report information, including the method of identifying an offender in a manner that permits other criminal justice agencies to locate the offender at any stage in the criminal justice system, the time of reporting, the specific data to be reported by the agency, and the place of reporting;
(b) the services to be provided to the agency by the central repository;
(c) the conditions and limitations upon the dissemination of criminal history record information by the agency;
(d) the maintenance of security in all transactions between the central repository and the agency;
(e) the method of complying with the right of a person to inspect, challenge, and correct criminal history record information maintained by the agency;
(f) audit requirements to ensure the accuracy of all information reported or disseminated;
(g) the timetable for the implementation of the agreement;
(h) sanctions for failure of the agency to comply with any of the provisions of this act, including the revocation of any agreement between the agency and the central repository and appropriate judicial or administrative proceedings to enforce compliance; and
(i) other provisions that the director may deem necessary.
History:
L. 1978, ch. 118, § 6; March 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 47 - Criminal History Record Information › 22-4707 Restrictions on dissemination of criminal history record information; penalties.

22-4707.
Restrictions on dissemination of criminal history record information; penalties.
(a) A criminal justice agency and the central repository may not disseminate criminal history record information except in strict accordance with laws including applicable rules and regulations adopted pursuant to this act. A criminal justice agency may not request such information from the central repository or another criminal justice agency unless it has a legitimate need for the information.
(b) Noncriminal justice persons and agencies may receive criminal history record information for such purposes and under such conditions as may be authorized by law, including rules and regulations adopted pursuant to this act.
(c) In addition to any other remedy or penalty authorized by law, any individual violating or causing a violation of the provisions of this section shall be deemed guilty of a class A nonperson misdemeanor. If the person is employed or licensed by a state or local government agency, a conviction shall constitute good cause to terminate employment or to revoke or suspend a license.
History:
L. 1978, ch. 118, § 7; L. 1995, ch. 251, § 18; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 47 - Criminal History Record Information › 22-4708 Disclosure of status of pending investigations and proceedings.

22-4708.
Disclosure of status of pending investigations and proceedings.
Notwithstanding the provisions of the preceding section, a criminal justice agency may disclose the status of a pending investigation of a named person, or the status of a pending proceeding in the criminal justice system, if the request for information is reasonably contemporaneous with the event to which the information relates and the disclosure is otherwise appropriate.
History:
L. 1978, ch. 118, § 8; March 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 47 - Criminal History Record Information › 22-4709 Inspection of record information on individuals.

22-4709.
Inspection of record information on individuals.
(a) Subject to the provisions of this act and rules and regulations adopted pursuant thereto, any person may inspect and challenge criminal history record information maintained by a criminal justice agency concerning themselves. A person's attorney may inspect such information if such attorney satisfactorily establishes his or her identity and presents a written authorization from his or her client.
(b) Nothing in this section requires a criminal justice agency to make a copy of any information or allows a person to remove any document for the purpose of making a copy of it. A person having the right of inspection may make notes of the information.
History:
L. 1978, ch. 118, § 9; March 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 47 - Criminal History Record Information › 22-4710 Unlawful for employers to require certain acts; exceptions; penalties.

22-4710.
Unlawful for employers to require certain acts; exceptions; penalties.
(a) It is unlawful for any employer or prospective employer to require a person to inspect or challenge any criminal history record information relating to that person for the purpose of obtaining a copy of the person's record in order to qualify for employment.
(b) Any person violating the provisions of this section shall be deemed guilty of a class A misdemeanor.
(c) Notwithstanding the provisions of subsection (a) or any other provision of this act, an employer may require a job applicant or a prospective independent contractor to sign a release allowing the employer to access the applicant's or independent contractor's criminal history record information for purposes of determining the applicant's fitness for employment.
(d) The bureau may charge an employer a reasonable fee for the preparation of a report detailing such criminal history record information, and pursuant to rules and regulations may establish a fee schedule or charge varying rates depending upon the quantity of information provided.
(e) The bureau shall be immune from any and all claims or causes of action arising from the release of criminal history record information provided to an employer pursuant to a release signed by a job applicant.
(f) No employer shall be liable for any employment decision or decision to enter into a contract with an independent contractor based upon knowledge of such criminal history record information, provided the information that led to the employment or contracting decision reasonably bears upon the independent contractor's, applicant's or employee's trustworthiness, or the safety or well-being of the employer's employees or customers.
History:
L. 1978, ch. 118, § 10; L. 1996, ch. 232, § 1; L. 1997, ch. 76, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 47 - Criminal History Record Information › 22-4711 Prior record information; rights and duties.

22-4711.
Prior record information; rights and duties.
Criminal history record information which was recorded prior to the effective date of this act is subject to the right of access and challenge in accordance with this act. However, the duty of a criminal justice agency is to make a reasonable search for such information. There is no duty to provide access to criminal history record information that cannot be located after a reasonable search.
History:
L. 1978, ch. 118, § 11; March 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 49 - Offender Registration › 22-4901 Citation of act.

22-4901. Citation of act.
K.S.A. 22-4901 through 22-4911 and 22-4913, and amendments thereto, shall be known and may be cited as the Kansas offender registration act.
History:
L. 1993, ch. 253, § 17; L. 1994, ch. 107, § 1; L. 1997, ch. 181, § 7; L. 2011, ch. 95, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 49 - Offender Registration › 22-4910 Effective date of act.

22-4910.
Effective date of act.
K.S.A. 22-4901 through 22-4910 shall be effective on and after July 1, 1993.
History:
L. 1993, ch. 253, § 26; April 29.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 49 - Offender Registration › 22-4911 No cause of action created against employee related to registration requirements.

22-4911. No cause of action created against employee related to registration requirements.
Nothing in the Kansas offender registration act shall create a cause of action against the state or an employee of the state acting within the scope of the employee's employment as a result of requiring an offender to register or an offender's failure to register. This includes, but is not limited to, the person or persons assigned to a registering law enforcement agency to register offenders, and the person or persons assigned to enter all offender information required by the national crime information center into the national sex offender registry system.
History:
L. 1999, ch. 164, § 36; L. 2011, ch. 95, § 10; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 49 - Offender Registration › 22-4913 Offender residency restrictions; prohibition from adopting or enforcing; exceptions; definitions.

22-4913. Offender residency restrictions; prohibition from adopting or enforcing; exceptions; definitions.
(a) Except as provided in subsection (b), on and after June 1, 2006, cities and counties shall be prohibited from adopting or enforcing any ordinance, resolution or regulation establishing residential restrictions for offenders as defined by K.S.A. 22-4902, and amendments thereto.
(b) The prohibition in subsection (a), shall not apply to any city or county residential licensing or zoning program for correctional placement residences that includes regulations for the housing of such offenders.
(c) As used in this section, "correctional placement residence" means a facility that provides residential services for individuals or offenders who reside or have been placed in such facility due to any one of the following situations:
(1) Prior to, or instead of, being sentenced to prison;
(2) as a conditional release prior to a hearing;
(3) as a part of a sentence of confinement of not more than one year;
(4) in a privately operated facility housing parolees;
(5) as a deferred sentence when placed in a facility operated by community corrections;
(6) as a requirement of court-ordered treatment services for alcohol or drug abuse; or
(7) as part of voluntary treatment services for alcohol or drug abuse.
Correctional placement residence shall not include a single or multi-family dwelling or commercial residential building that provides a residence to staff and persons other than those described in paragraphs (1) through (7).
History:
L. 2006, ch. 214, § 2; L. 2008, ch. 57, § 1; L. 2011, ch. 95, § 11; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 1 - District Attorneys › 22a-101 Election of district attorneys in certain judicial districts; term; oath; bond; abolition of office of county attorney in said districts.

22a-101.
Election of district attorneys in certain judicial districts; term; oath; bond; abolition of office of county attorney in said districts.
(a) From and after January 8, 1973, there shall be established in judicial districts 3, 10, 18 and 29 of the state the office of district attorney, whose title and style of office shall be district attorney of the (__________) (district number) judicial district. Commencing with the general election in 1972, and at the general election every four (4) years thereafter, a district attorney shall be elected in each judicial district for a term of four (4) years, commencing on the second Monday in January next following his election. Said district attorney is hereby declared to be an executive officer of the judicial district in which he is elected, with said office constituting a separate entity within said district for administrative purposes, and in no event shall said district attorney be deemed an officer of any county. Before entering upon the duties of his office, each district attorney shall take the oath of office required by law for public officers and shall execute a good and sufficient surety bond in the manner prescribed by K.S.A. 75-4101 et seq., and acts amendatory thereof.
(b) From and after January 8, 1973, the office of county attorney in each county contained in judicial districts 3, 10, 18 and 29 shall be and is hereby abolished, and there shall not be a county attorney elected for any such county at the general election in 1972: Provided, That each county attorney in office in any such county on the effective date of this act, or any successor to such county attorney, shall remain in office until a district attorney has been elected for the judicial district wherein such county is located and is qualified to take office. Immediately thereafter, each such county attorney shall surrender his office to said district attorney, along with all of the books, papers, records, property and funds in his hands by virtue of his office.
History:
L. 1972, ch. 71, § 1; L. 1973, ch. 146, § 1; April 18.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 1 - District Attorneys › 22a-102 Election of district attorneys; eligibility for nomination; filing fee or declaration of intent, deadlines.

22a-102. Election of district attorneys; eligibility for nomination; filing fee or declaration of intent, deadlines.
No person shall be eligible for nomination to the office of district attorney unless such person shall have been regularly admitted to practice law in the state of Kansas for five years next preceding his nomination for such office. An attorney who shall have been a county attorney, assistant county attorney or assistant district attorney for the three years immediately preceding nomination as district attorney shall be eligible for nomination. A person so qualified may become a candidate for election to the office of district attorney by either one of the following methods:
(a) Any person who is a qualified elector of any judicial district in which a district attorney is to be elected and who is otherwise qualified under this act may petition to be a candidate for district attorney of such judicial district by filing in the office of the secretary of state a petition for candidacy, signed by not less than 5% of the qualified electors of such judicial district who voted for the office of secretary of state at the last preceding general election; or
(b) Any person who is a qualified elector of any judicial district in which a district attorney is to be elected and who is otherwise qualified under this act may become a candidate for district attorney of such judicial district by filing in the office of the secretary of state a declaration of intent to be such a candidate and payment therewith of a filing fee in an amount equal to 1% of the annual salary for such office.
(c) Any such petition or declaration of intent filed by a candidate to run in the primary election held in accordance with K.S.A. 25-203, and amendments thereto, shall be filed no later than 12 noon, on the date described in K.S.A. 25-205(a), and amendments thereto. Any such petition or declaration of intent filed by an independent candidate for the office of district attorney shall be filed no later than 12 noon on the Monday preceding the date fixed for the holding of primary elections in accordance with K.S.A. 25-203, and amendments thereto. All laws applicable to the election of other state officers shall apply to elections of district attorneys to the extent the same are not in conflict with this act.
History:
L. 1972, ch. 71, § 2; L. 1997, ch. 124, § 8; L. 2015, ch. 88, § 1; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 1 - District Attorneys › 22a-103 District attorneys in certain judicial districts; vacancies; effect of change in residence or redistricting.

22a-103.
District attorneys in certain judicial districts; vacancies; effect of change in residence or redistricting.
(a) When a vacancy occurs in the office of district attorney, the vacancy shall be filled by appointment by the governor of a person elected by a district convention, in accordance with K.S.A. 25-3902, and amendments thereto. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualifies. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualifies at the next state general election to serve the remainder of the unexpired term. Nomination and election of such successor shall be in the same manner as nomination and election of a district attorney for a regular term.
(b) When a vacancy occurs in the office of district attorney, the district judges of the district in which the vacancy occurs shall appoint a person to serve as temporary district attorney until a person is appointed and qualifies to fill the vacancy in accordance with subsection (a). A person appointed to serve as temporary district attorney shall be an elector of the same political party as that of the district attorney vacating such position.
(c) A district attorney or temporary district attorney appointed pursuant to this section shall have the same powers and duties and shall be subject to the same qualifications as an elected district attorney.
(d) In the event that any district attorney changes residence outside of the judicial district from which elected, such district attorney shall promptly resign from such office as district attorney. If such district attorney fails to resign, such district attorney shall be subject to removal from office as provided by law. Any redistricting of judicial districts which results in a district attorney residing outside of the district attorney's district shall not be grounds for removal and shall not disqualify the district attorney from serving the remainder of the term for which elected or appointed.
History:
L. 1972, ch. 71, § 3; L. 1976, ch. 145, § 113; L. 1981, ch. 115, § 2; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 1 - District Attorneys › 22a-104 Duties; representation of county hospital not required.

22a-104.
Duties; representation of county hospital not required.
(a) Except as otherwise provided in this section, it shall be the duty of the district attorney to appear in the several courts of the judicial district in which the district attorney is elected and to prosecute or defend, on behalf of the people therein, all matters arising under the laws of this state, and such civil matters as are instituted by the district attorney, in which the state or any county in such judicial district is a party or has an interest. Any power or duty now conferred or imposed by law upon all county attorneys within their respective counties shall be exercised or performed by district attorneys within their respective districts, or by any of their assistants or deputies provided for in this act.
(b) No district attorney shall be required to appear in any civil action or proceeding which relates to the operation of any county hospital of any county in the judicial district. The district attorney may appear in any such civil action or proceeding at the district attorney's discretion, when requested by the board of county commissioners or the board of the county hospital.
History:
L. 1972, ch. 71, § 4; L. 1984, ch. 100, § 4; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 1 - District Attorneys › 22a-105 District attorney; salary; travel and subsistence expenses.[See Revisor's Note]

22a-105.
District attorney; salary; travel and subsistence expenses.
[See Revisor's Note]
Each of the district attorneys elected under this act shall receive an annual salary in the amount of no less than the salary provided for district judges in K.S.A. 75-3120g, and amendments thereto. The salary of each district attorney shall be paid by the county comprising the judicial district in which the district attorney is elected in equal monthly installments and in the manner county officers and employees are paid. The district attorneys and their deputies and assistants shall be reimbursed for their actual travel and subsistence expenses incurred while in the performance of their official duties within or without the district.
History:
L. 1972, ch. 71, § 5; L. 1973, ch. 175, § 50; L. 1974, ch. 361, § 19; L. 1976, ch. 380, § 4; L. 1978, ch. 132, § 1; L. 1998, ch. 197, § 1; July 1.