Article 25.--IDENTIFICATION AND DETECTION OF CRIMES AND CRIMINALS
21-2511.Collection of fingerprints, blood, salivaor other biological samples from certain persons; Kansas bureau ofinvestigation, powers and duties; expungement of DNA sample and profile record;failure to provide DNA specimen, penalties.(a) Any person convicted as an adult or adjudicated as a juvenile offenderbecause of the commission of any felony;a violation of subsection (a)(1) ofK.S.A. 21-3505; a violation of K.S.A. 21-3508; a violation of K.S.A. 21-4310; aviolation of K.S.A. 21-3424, and amendments thereto when the victim is lessthan 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 ofsubsection (b)(1) of K.S.A. 21-3513, and amendments thereto, when one of theparties 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 yearsof age; or a violation of K.S.A. 21-3517, and amendments thereto; including anattempt, 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 inthis subsection regardless of the sentence imposed, shall be required to submitspecimens of blood or an oral or other biological sampleauthorized by the Kansas bureau of investigation to the Kansas bureauof investigation inaccordance with the provisions of this act, if such person is:
(1) Convicted as an adult or adjudicated as a juvenile offender because ofthe commission of a crime specified in subsection (a) on or after the effectivedate of this act;
(2) ordered institutionalized as a result of being convicted as an adultor adjudicated as a juvenile offender because of the commission of a crimespecified 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 ofthe commission of a crime specified in this subsection before the effectivedate of this act and is presently confined as a result of such conviction oradjudication in any state correctional facility or county jail or is presentlyserving a sentence under K.S.A. 21-4603, 21-4603d, 22-3717 orK.S.A. 2007 Supp. 38-2361, andamendments thereto.
(b) Notwithstanding any other provision of law, the Kansas bureau ofinvestigation is authorized to obtain fingerprints and other identifiers forall persons, whether juveniles or adults, covered by this act.
(c) Any person required by paragraphs (a)(1) and (a)(2) to providesuch specimen or sample shall be ordered by thecourtto have such specimen or sample collected within 10 days aftersentencing or adjudication:
(1) If placed directly on probation, that person must provide such specimenor sample, at a collection sitedesignatedby the Kansas bureau ofinvestigation. Collection of specimens shall be conducted by qualifiedvolunteers, contractual personnel or employees designated by the Kansas bureauof investigation. Failure to cooperate with the collection of the specimens andany deliberate act by that person intended to impede, delay or stop thecollection of the specimens shall be punishable as contempt of court andconstitute grounds to revoke probation;
(2) if sentenced to the secretary of corrections, such specimen orsample will be obtained as soon as practicaluponarrival at the correctionalfacility; or
(3) if a juvenile offender is placed in the custody of the commissioner ofjuvenile justice, in a youth residential facility or in a juvenile correctionalfacility, such specimen orsample willbe obtained as soon aspractical upon arrival.
(d) Any person required by paragraph (a)(3) to provide such specimen orsample shall be required to provide suchsamplesprior to final discharge orconditional release at a collection site designated by the Kansas bureau ofinvestigation. Collection of specimens shall be conducted by qualifiedvolunteers, contractual personnel or employees designated by the Kansas bureauof investigation.
(e) (1) On and after January 1, 2007 through June 30, 2008, any adultarrested or charged or juvenile placed in custody for or charged with thecommission or attemptedcommission of any person felony ordrug severity level 1 or 2 felony shall be required to submit such specimen orsample atthe same time such person is fingerprintedpursuant to the booking procedure.
(2) On and after July 1, 2008, except as provided further, any adult arrestedor chargedor juvenile placed in custody for or charged with the commission or attemptedcommission of anyfelony; a violation of subsection (a)(1) ofK.S.A. 21-3505; a violation of K.S.A. 21-3508; a violation of K.S.A. 21-4310; aviolation of K.S.A. 21-3424, and amendments thereto, when the victim is lessthan 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 ofsubsection (b)(1) of K.S.A. 21-3513, and amendments thereto, when one of theparties 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 yearsof age; or a violation of K.S.A. 21-3517, and amendments thereto; shall berequired to submit such specimen or sample atthe same time such person is fingerprinted pursuant to the booking procedure.
(3) Prior to taking such samples, the arresting, charging or custodial lawenforcement agency shall search the Kansas criminal history files through theKansas criminal justice information system to determine if such person'ssample is currently on file with the Kansas bureau of investigation. In theevent that it cannot reasonably beestablished that a DNA sample for such person is on file at the Kansas bureauof investigation, thearresting, charging or custodial law enforcement agency shall cause a sample tobecollected.If such person's sample ison file with the Kansas bureau of investigation, the law enforcement agency isnot required to take the sample.
(4) If a court later determines that there was not probable cause for thearrest,charge or placement in custody or the charges are otherwisedismissed, and the case is not appealed, theKansas bureau of investigation, upon petition by such person, shall expungeboth the DNA sample and the profile record of such person.
(5) If a conviction against a person, who is requiredto submit such specimenorsample, is expunged or averdict of acquittal with regard to such person is returned,the Kansas bureau ofinvestigation shall, upon petition by such person, expunge both the DNAsample and the profile record of such person.
(f) All persons required to register as offenders pursuant to K.S.A. 22-4901et seq., and amendments thereto, shall be required to submit specimens of bloodor an oral or other biological sample authorized by the Kansas bureau ofinvestigation to the Kansas bureau of investigation in accordance with theprovisions of this act.
(g) The Kansas bureau of investigation shall provide allspecimen vials,mailing tubes, labels and instructions necessary for the collection ofblood, oral or other biological samples. The collection of samples shallbeperformed in a medicallyapproved manner. No person authorized by this section to withdraw blood, and noperson assisting in thecollection of these samplesshall be liable in any civil or criminal action when the act is performed in areasonable manner according to generally accepted medical practices. Thewithdrawal of blood for purposes of this act may be performed only by: (1) Aperson licensed to practice medicine and surgery or a person acting under thesupervision of any such licensed person; (2) a registered nurse or a licensedpractical nurse; or (3) any qualified medical technician including, but notlimited to, an emergency medical technician-intermediate or mobile intensivecare technician, as those terms are defined in K.S.A. 65-6112, and amendmentsthereto, or a phlebotomist. The samples shall thereafter be forwarded to theKansas bureau of investigation. The bureau shall analyze the samples to theextent allowed by funding available for this purpose.
(h) The DNA (deoxyribonucleic acid) records and DNA samplesshall bemaintained by the Kansas bureau of investigation. The Kansas bureau ofinvestigation shall establish, implement and maintain a statewide automated DNAdatabank and DNA database capable of, but not limited to, searching, matchingand storing DNA records. The DNA database as established by this act shall becompatible with the procedures specified by the federal bureau ofinvestigation's combined DNA index system (CODIS). The Kansas bureau ofinvestigation shall participate in the CODIS program by sharing data andutilizing compatible test procedures, laboratory equipment, supplies andcomputer software.
(i) The DNA records obtained pursuant to this act shall beconfidential andshall be released only to authorized criminal justice agencies. The DNArecords shall be used only for law enforcement identification purposes or toassist in the recovery or identification of human remains from disasters or forother humanitarian identification purposes, including identification of missingpersons.
(j) (1) The Kansas bureau of investigation shall be thestate central repository for all DNA records and DNA samples obtained pursuantto this act. The Kansas bureau of investigation shall promulgate rules andregulations for: (A) The form and manner of thecollection andmaintenance of DNA samples;
(B) a procedure which allows the defendant to petition toexpunge and destroy the DNA samples and profilerecord in the event of a dismissal of charges, expungementor acquittal at trial; and
(C) other procedures for the operation of this act.
(2) These rules and regulations also shall require compliance withnational quality assurance standards to ensure that the DNA records satisfystandards of acceptance of such records into the national DNA identificationindex.
(3) The provisions of the Kansas administrative procedure act shallapply toall actions taken under the rules and regulations so promulgated.
(k) The Kansas bureau of investigation is authorized to contract withthird parties for the purposes of implementing this section. Any other partycontracting to carry out the functions of this section shall be subject to thesame restrictions and requirements of this section, insofar as applicable, asthe bureau, as well as any additional restrictions imposed by the bureau.
(l) In the eventthat a person's DNA sample is lost or is not adequate for any reason, theperson shall provide another sample for analysis.
(m) Any person who is subject to the requirements of this section, and who,after receiving notification of the requirement to provide a DNA specimen,knowingly refuses to provide such DNA specimen, shall be guilty of a class Anonperson misdemeanor.
Article 25.--IDENTIFICATION AND DETECTION OF CRIMES AND CRIMINALS
21-2511.Collection of fingerprints, blood, salivaor other biological samples from certain persons; Kansas bureau ofinvestigation, powers and duties; expungement of DNA sample and profile record;failure to provide DNA specimen, penalties.(a) Any person convicted as an adult or adjudicated as a juvenile offenderbecause of the commission of any felony;a violation of subsection (a)(1) ofK.S.A. 21-3505; a violation of K.S.A. 21-3508; a violation of K.S.A. 21-4310; aviolation of K.S.A. 21-3424, and amendments thereto when the victim is lessthan 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 ofsubsection (b)(1) of K.S.A. 21-3513, and amendments thereto, when one of theparties 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 yearsof age; or a violation of K.S.A. 21-3517, and amendments thereto; including anattempt, 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 inthis subsection regardless of the sentence imposed, shall be required to submitspecimens of blood or an oral or other biological sampleauthorized by the Kansas bureau of investigation to the Kansas bureauof investigation inaccordance with the provisions of this act, if such person is:
(1) Convicted as an adult or adjudicated as a juvenile offender because ofthe commission of a crime specified in subsection (a) on or after the effectivedate of this act;
(2) ordered institutionalized as a result of being convicted as an adultor adjudicated as a juvenile offender because of the commission of a crimespecified 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 ofthe commission of a crime specified in this subsection before the effectivedate of this act and is presently confined as a result of such conviction oradjudication in any state correctional facility or county jail or is presentlyserving a sentence under K.S.A. 21-4603, 21-4603d, 22-3717 orK.S.A. 2007 Supp. 38-2361, andamendments thereto.
(b) Notwithstanding any other provision of law, the Kansas bureau ofinvestigation is authorized to obtain fingerprints and other identifiers forall persons, whether juveniles or adults, covered by this act.
(c) Any person required by paragraphs (a)(1) and (a)(2) to providesuch specimen or sample shall be ordered by thecourtto have such specimen or sample collected within 10 days aftersentencing or adjudication:
(1) If placed directly on probation, that person must provide such specimenor sample, at a collection sitedesignatedby the Kansas bureau ofinvestigation. Collection of specimens shall be conducted by qualifiedvolunteers, contractual personnel or employees designated by the Kansas bureauof investigation. Failure to cooperate with the collection of the specimens andany deliberate act by that person intended to impede, delay or stop thecollection of the specimens shall be punishable as contempt of court andconstitute grounds to revoke probation;
(2) if sentenced to the secretary of corrections, such specimen orsample will be obtained as soon as practicaluponarrival at the correctionalfacility; or
(3) if a juvenile offender is placed in the custody of the commissioner ofjuvenile justice, in a youth residential facility or in a juvenile correctionalfacility, such specimen orsample willbe obtained as soon aspractical upon arrival.
(d) Any person required by paragraph (a)(3) to provide such specimen orsample shall be required to provide suchsamplesprior to final discharge orconditional release at a collection site designated by the Kansas bureau ofinvestigation. Collection of specimens shall be conducted by qualifiedvolunteers, contractual personnel or employees designated by the Kansas bureauof investigation.
(e) (1) On and after January 1, 2007 through June 30, 2008, any adultarrested or charged or juvenile placed in custody for or charged with thecommission or attemptedcommission of any person felony ordrug severity level 1 or 2 felony shall be required to submit such specimen orsample atthe same time such person is fingerprintedpursuant to the booking procedure.
(2) On and after July 1, 2008, except as provided further, any adult arrestedor chargedor juvenile placed in custody for or charged with the commission or attemptedcommission of anyfelony; a violation of subsection (a)(1) ofK.S.A. 21-3505; a violation of K.S.A. 21-3508; a violation of K.S.A. 21-4310; aviolation of K.S.A. 21-3424, and amendments thereto, when the victim is lessthan 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 ofsubsection (b)(1) of K.S.A. 21-3513, and amendments thereto, when one of theparties 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 yearsof age; or a violation of K.S.A. 21-3517, and amendments thereto; shall berequired to submit such specimen or sample atthe same time such person is fingerprinted pursuant to the booking procedure.
(3) Prior to taking such samples, the arresting, charging or custodial lawenforcement agency shall search the Kansas criminal history files through theKansas criminal justice information system to determine if such person'ssample is currently on file with the Kansas bureau of investigation. In theevent that it cannot reasonably beestablished that a DNA sample for such person is on file at the Kansas bureauof investigation, thearresting, charging or custodial law enforcement agency shall cause a sample tobecollected.If such person's sample ison file with the Kansas bureau of investigation, the law enforcement agency isnot required to take the sample.
(4) If a court later determines that there was not probable cause for thearrest,charge or placement in custody or the charges are otherwisedismissed, and the case is not appealed, theKansas bureau of investigation, upon petition by such person, shall expungeboth the DNA sample and the profile record of such person.
(5) If a conviction against a person, who is requiredto submit such specimenorsample, is expunged or averdict of acquittal with regard to such person is returned,the Kansas bureau ofinvestigation shall, upon petition by such person, expunge both the DNAsample and the profile record of such person.
(f) All persons required to register as offenders pursuant to K.S.A. 22-4901et seq., and amendments thereto, shall be required to submit specimens of bloodor an oral or other biological sample authorized by the Kansas bureau ofinvestigation to the Kansas bureau of investigation in accordance with theprovisions of this act.
(g) The Kansas bureau of investigation shall provide allspecimen vials,mailing tubes, labels and instructions necessary for the collection ofblood, oral or other biological samples. The collection of samples shallbeperformed in a medicallyapproved manner. No person authorized by this section to withdraw blood, and noperson assisting in thecollection of these samplesshall be liable in any civil or criminal action when the act is performed in areasonable manner according to generally accepted medical practices. Thewithdrawal of blood for purposes of this act may be performed only by: (1) Aperson licensed to practice medicine and surgery or a person acting under thesupervision of any such licensed person; (2) a registered nurse or a licensedpractical nurse; or (3) any qualified medical technician including, but notlimited to, an emergency medical technician-intermediate or mobile intensivecare technician, as those terms are defined in K.S.A. 65-6112, and amendmentsthereto, or a phlebotomist. The samples shall thereafter be forwarded to theKansas bureau of investigation. The bureau shall analyze the samples to theextent allowed by funding available for this purpose.
(h) The DNA (deoxyribonucleic acid) records and DNA samplesshall bemaintained by the Kansas bureau of investigation. The Kansas bureau ofinvestigation shall establish, implement and maintain a statewide automated DNAdatabank and DNA database capable of, but not limited to, searching, matchingand storing DNA records. The DNA database as established by this act shall becompatible with the procedures specified by the federal bureau ofinvestigation's combined DNA index system (CODIS). The Kansas bureau ofinvestigation shall participate in the CODIS program by sharing data andutilizing compatible test procedures, laboratory equipment, supplies andcomputer software.
(i) The DNA records obtained pursuant to this act shall beconfidential andshall be released only to authorized criminal justice agencies. The DNArecords shall be used only for law enforcement identification purposes or toassist in the recovery or identification of human remains from disasters or forother humanitarian identification purposes, including identification of missingpersons.
(j) (1) The Kansas bureau of investigation shall be thestate central repository for all DNA records and DNA samples obtained pursuantto this act. The Kansas bureau of investigation shall promulgate rules andregulations for: (A) The form and manner of thecollection andmaintenance of DNA samples;
(B) a procedure which allows the defendant to petition toexpunge and destroy the DNA samples and profilerecord in the event of a dismissal of charges, expungementor acquittal at trial; and
(C) other procedures for the operation of this act.
(2) These rules and regulations also shall require compliance withnational quality assurance standards to ensure that the DNA records satisfystandards of acceptance of such records into the national DNA identificationindex.
(3) The provisions of the Kansas administrative procedure act shallapply toall actions taken under the rules and regulations so promulgated.
(k) The Kansas bureau of investigation is authorized to contract withthird parties for the purposes of implementing this section. Any other partycontracting to carry out the functions of this section shall be subject to thesame restrictions and requirements of this section, insofar as applicable, asthe bureau, as well as any additional restrictions imposed by the bureau.
(l) In the eventthat a person's DNA sample is lost or is not adequate for any reason, theperson shall provide another sample for analysis.
(m) Any person who is subject to the requirements of this section, and who,after receiving notification of the requirement to provide a DNA specimen,knowingly refuses to provide such DNA specimen, shall be guilty of a class Anonperson misdemeanor.
Article 25.--IDENTIFICATION AND DETECTION OF CRIMES AND CRIMINALS
21-2511.Collection of fingerprints, blood, salivaor other biological samples from certain persons; Kansas bureau ofinvestigation, powers and duties; expungement of DNA sample and profile record;failure to provide DNA specimen, penalties.(a) Any person convicted as an adult or adjudicated as a juvenile offenderbecause of the commission of any felony;a violation of subsection (a)(1) ofK.S.A. 21-3505; a violation of K.S.A. 21-3508; a violation of K.S.A. 21-4310; aviolation of K.S.A. 21-3424, and amendments thereto when the victim is lessthan 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 ofsubsection (b)(1) of K.S.A. 21-3513, and amendments thereto, when one of theparties 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 yearsof age; or a violation of K.S.A. 21-3517, and amendments thereto; including anattempt, 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 inthis subsection regardless of the sentence imposed, shall be required to submitspecimens of blood or an oral or other biological sampleauthorized by the Kansas bureau of investigation to the Kansas bureauof investigation inaccordance with the provisions of this act, if such person is:
(1) Convicted as an adult or adjudicated as a juvenile offender because ofthe commission of a crime specified in subsection (a) on or after the effectivedate of this act;
(2) ordered institutionalized as a result of being convicted as an adultor adjudicated as a juvenile offender because of the commission of a crimespecified 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 ofthe commission of a crime specified in this subsection before the effectivedate of this act and is presently confined as a result of such conviction oradjudication in any state correctional facility or county jail or is presentlyserving a sentence under K.S.A. 21-4603, 21-4603d, 22-3717 orK.S.A. 2007 Supp. 38-2361, andamendments thereto.
(b) Notwithstanding any other provision of law, the Kansas bureau ofinvestigation is authorized to obtain fingerprints and other identifiers forall persons, whether juveniles or adults, covered by this act.
(c) Any person required by paragraphs (a)(1) and (a)(2) to providesuch specimen or sample shall be ordered by thecourtto have such specimen or sample collected within 10 days aftersentencing or adjudication:
(1) If placed directly on probation, that person must provide such specimenor sample, at a collection sitedesignatedby the Kansas bureau ofinvestigation. Collection of specimens shall be conducted by qualifiedvolunteers, contractual personnel or employees designated by the Kansas bureauof investigation. Failure to cooperate with the collection of the specimens andany deliberate act by that person intended to impede, delay or stop thecollection of the specimens shall be punishable as contempt of court andconstitute grounds to revoke probation;
(2) if sentenced to the secretary of corrections, such specimen orsample will be obtained as soon as practicaluponarrival at the correctionalfacility; or
(3) if a juvenile offender is placed in the custody of the commissioner ofjuvenile justice, in a youth residential facility or in a juvenile correctionalfacility, such specimen orsample willbe obtained as soon aspractical upon arrival.
(d) Any person required by paragraph (a)(3) to provide such specimen orsample shall be required to provide suchsamplesprior to final discharge orconditional release at a collection site designated by the Kansas bureau ofinvestigation. Collection of specimens shall be conducted by qualifiedvolunteers, contractual personnel or employees designated by the Kansas bureauof investigation.
(e) (1) On and after January 1, 2007 through June 30, 2008, any adultarrested or charged or juvenile placed in custody for or charged with thecommission or attemptedcommission of any person felony ordrug severity level 1 or 2 felony shall be required to submit such specimen orsample atthe same time such person is fingerprintedpursuant to the booking procedure.
(2) On and after July 1, 2008, except as provided further, any adult arrestedor chargedor juvenile placed in custody for or charged with the commission or attemptedcommission of anyfelony; a violation of subsection (a)(1) ofK.S.A. 21-3505; a violation of K.S.A. 21-3508; a violation of K.S.A. 21-4310; aviolation of K.S.A. 21-3424, and amendments thereto, when the victim is lessthan 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 ofsubsection (b)(1) of K.S.A. 21-3513, and amendments thereto, when one of theparties 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 yearsof age; or a violation of K.S.A. 21-3517, and amendments thereto; shall berequired to submit such specimen or sample atthe same time such person is fingerprinted pursuant to the booking procedure.
(3) Prior to taking such samples, the arresting, charging or custodial lawenforcement agency shall search the Kansas criminal history files through theKansas criminal justice information system to determine if such person'ssample is currently on file with the Kansas bureau of investigation. In theevent that it cannot reasonably beestablished that a DNA sample for such person is on file at the Kansas bureauof investigation, thearresting, charging or custodial law enforcement agency shall cause a sample tobecollected.If such person's sample ison file with the Kansas bureau of investigation, the law enforcement agency isnot required to take the sample.
(4) If a court later determines that there was not probable cause for thearrest,charge or placement in custody or the charges are otherwisedismissed, and the case is not appealed, theKansas bureau of investigation, upon petition by such person, shall expungeboth the DNA sample and the profile record of such person.
(5) If a conviction against a person, who is requiredto submit such specimenorsample, is expunged or averdict of acquittal with regard to such person is returned,the Kansas bureau ofinvestigation shall, upon petition by such person, expunge both the DNAsample and the profile record of such person.
(f) All persons required to register as offenders pursuant to K.S.A. 22-4901et seq., and amendments thereto, shall be required to submit specimens of bloodor an oral or other biological sample authorized by the Kansas bureau ofinvestigation to the Kansas bureau of investigation in accordance with theprovisions of this act.
(g) The Kansas bureau of investigation shall provide allspecimen vials,mailing tubes, labels and instructions necessary for the collection ofblood, oral or other biological samples. The collection of samples shallbeperformed in a medicallyapproved manner. No person authorized by this section to withdraw blood, and noperson assisting in thecollection of these samplesshall be liable in any civil or criminal action when the act is performed in areasonable manner according to generally accepted medical practices. Thewithdrawal of blood for purposes of this act may be performed only by: (1) Aperson licensed to practice medicine and surgery or a person acting under thesupervision of any such licensed person; (2) a registered nurse or a licensedpractical nurse; or (3) any qualified medical technician including, but notlimited to, an emergency medical technician-intermediate or mobile intensivecare technician, as those terms are defined in K.S.A. 65-6112, and amendmentsthereto, or a phlebotomist. The samples shall thereafter be forwarded to theKansas bureau of investigation. The bureau shall analyze the samples to theextent allowed by funding available for this purpose.
(h) The DNA (deoxyribonucleic acid) records and DNA samplesshall bemaintained by the Kansas bureau of investigation. The Kansas bureau ofinvestigation shall establish, implement and maintain a statewide automated DNAdatabank and DNA database capable of, but not limited to, searching, matchingand storing DNA records. The DNA database as established by this act shall becompatible with the procedures specified by the federal bureau ofinvestigation's combined DNA index system (CODIS). The Kansas bureau ofinvestigation shall participate in the CODIS program by sharing data andutilizing compatible test procedures, laboratory equipment, supplies andcomputer software.
(i) The DNA records obtained pursuant to this act shall beconfidential andshall be released only to authorized criminal justice agencies. The DNArecords shall be used only for law enforcement identification purposes or toassist in the recovery or identification of human remains from disasters or forother humanitarian identification purposes, including identification of missingpersons.
(j) (1) The Kansas bureau of investigation shall be thestate central repository for all DNA records and DNA samples obtained pursuantto this act. The Kansas bureau of investigation shall promulgate rules andregulations for: (A) The form and manner of thecollection andmaintenance of DNA samples;
(B) a procedure which allows the defendant to petition toexpunge and destroy the DNA samples and profilerecord in the event of a dismissal of charges, expungementor acquittal at trial; and
(C) other procedures for the operation of this act.
(2) These rules and regulations also shall require compliance withnational quality assurance standards to ensure that the DNA records satisfystandards of acceptance of such records into the national DNA identificationindex.
(3) The provisions of the Kansas administrative procedure act shallapply toall actions taken under the rules and regulations so promulgated.
(k) The Kansas bureau of investigation is authorized to contract withthird parties for the purposes of implementing this section. Any other partycontracting to carry out the functions of this section shall be subject to thesame restrictions and requirements of this section, insofar as applicable, asthe bureau, as well as any additional restrictions imposed by the bureau.
(l) In the eventthat a person's DNA sample is lost or is not adequate for any reason, theperson shall provide another sample for analysis.
(m) Any person who is subject to the requirements of this section, and who,after receiving notification of the requirement to provide a DNA specimen,knowingly refuses to provide such DNA specimen, shall be guilty of a class Anonperson misdemeanor.
