State Codes and Statutes

Statutes > Kansas > Chapter22 > Article47 > Statutes_12611

22-4701

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 47.--CRIMINAL HISTORY RECORD INFORMATION

      22-4701.   Definitions.As used in this act, unless the context clearly requires otherwise:

      (a)   "Central repository" means the criminal justice informationsystem central repository created by this act and the juvenile offenderinformation system created pursuant toK.S.A. 2007 Supp.38-2326,and amendments thereto.

      (b)   "Criminal history record information" means data initiated orcollected by a criminal justice agency on a person pertaining to areportable event. The term does not include:

      (1)   Data contained in intelligence or investigatory files or policework-product records used solely for police investigation purposes;

      (2)   wanted posters, police blotter entries, court records ofpublicjudicial proceedings or published court opinions;

      (3)   data pertaining to violations of the traffic laws of the stateor any other traffic law or ordinance, other than vehicular homicide; or

      (4)   presentence investigation and other reports prepared for use bya court in the exercise of criminal jurisdiction or by the governor inthe exercise of the power of pardon, reprieve or commutation.

      (c)   "Criminal justice agency" means any government agency orsubdivision of any such agency which is authorized by law to exercisethe power of arrest, detention, prosecution, adjudication, correctionalsupervision, rehabilitation or release of persons suspected, chargedor convicted of a crime and which allocates a substantial portion of itsannual budget to any of these functions. The term includes, but is notlimited to, the following agencies, when exercising jurisdiction overcriminal matters or criminal history record information:

      (1)   State, county, municipal and railroad police departments,sheriffs' offices and countywide law enforcement agencies,correctional facilities, jails and detention centers;

      (2)   the offices of the attorney general, county or districtattorneys and any other office in which are located persons authorizedby law to prosecute persons accused of criminal offenses;

      (3)   the district courts, the court of appeals, the supreme court,the municipal courts and the offices of the clerks of these courts;

      (4)   the Kansas sentencing commission;

      (5)   the Kansas parole board; and

      (6)   the juvenile justice authority.

      (d)   "Criminal justice information system" means the equipment(including computer hardware and software), facilities, procedures,agreements and personnel used in the collection, processing,preservation and dissemination of criminal history record information.

      (e)   "Director" means the director of the Kansas bureau of investigation.

      (f)   "Disseminate" means to transmit criminal history recordinformation in any oral or written form. The term does not include:

      (1)   The transmittal of such information within a criminal justiceagency;

      (2)   the reporting of such information as required by this act; or

      (3)   the transmittal of such information between criminal justiceagencies in order to permit the initiation of subsequent criminaljustice proceedings against a person relating to the same offense.

      (g)   "Reportable event" means an event specified or provided forin K.S.A. 22-4705, and amendments thereto.

      History:   L. 1978, ch. 118, § 1;L. 1982, ch. 182, § 125;L. 1983, ch. 140, § 5;L. 1990, ch. 115, § 2;L. 1996, ch. 229, § 27;L. 1997, ch. 156, § 39;L. 2006, ch. 169, § 101; Jan. 1, 2007.

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article47 > Statutes_12611

22-4701

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 47.--CRIMINAL HISTORY RECORD INFORMATION

      22-4701.   Definitions.As used in this act, unless the context clearly requires otherwise:

      (a)   "Central repository" means the criminal justice informationsystem central repository created by this act and the juvenile offenderinformation system created pursuant toK.S.A. 2007 Supp.38-2326,and amendments thereto.

      (b)   "Criminal history record information" means data initiated orcollected by a criminal justice agency on a person pertaining to areportable event. The term does not include:

      (1)   Data contained in intelligence or investigatory files or policework-product records used solely for police investigation purposes;

      (2)   wanted posters, police blotter entries, court records ofpublicjudicial proceedings or published court opinions;

      (3)   data pertaining to violations of the traffic laws of the stateor any other traffic law or ordinance, other than vehicular homicide; or

      (4)   presentence investigation and other reports prepared for use bya court in the exercise of criminal jurisdiction or by the governor inthe exercise of the power of pardon, reprieve or commutation.

      (c)   "Criminal justice agency" means any government agency orsubdivision of any such agency which is authorized by law to exercisethe power of arrest, detention, prosecution, adjudication, correctionalsupervision, rehabilitation or release of persons suspected, chargedor convicted of a crime and which allocates a substantial portion of itsannual budget to any of these functions. The term includes, but is notlimited to, the following agencies, when exercising jurisdiction overcriminal matters or criminal history record information:

      (1)   State, county, municipal and railroad police departments,sheriffs' offices and countywide law enforcement agencies,correctional facilities, jails and detention centers;

      (2)   the offices of the attorney general, county or districtattorneys and any other office in which are located persons authorizedby law to prosecute persons accused of criminal offenses;

      (3)   the district courts, the court of appeals, the supreme court,the municipal courts and the offices of the clerks of these courts;

      (4)   the Kansas sentencing commission;

      (5)   the Kansas parole board; and

      (6)   the juvenile justice authority.

      (d)   "Criminal justice information system" means the equipment(including computer hardware and software), facilities, procedures,agreements and personnel used in the collection, processing,preservation and dissemination of criminal history record information.

      (e)   "Director" means the director of the Kansas bureau of investigation.

      (f)   "Disseminate" means to transmit criminal history recordinformation in any oral or written form. The term does not include:

      (1)   The transmittal of such information within a criminal justiceagency;

      (2)   the reporting of such information as required by this act; or

      (3)   the transmittal of such information between criminal justiceagencies in order to permit the initiation of subsequent criminaljustice proceedings against a person relating to the same offense.

      (g)   "Reportable event" means an event specified or provided forin K.S.A. 22-4705, and amendments thereto.

      History:   L. 1978, ch. 118, § 1;L. 1982, ch. 182, § 125;L. 1983, ch. 140, § 5;L. 1990, ch. 115, § 2;L. 1996, ch. 229, § 27;L. 1997, ch. 156, § 39;L. 2006, ch. 169, § 101; Jan. 1, 2007.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article47 > Statutes_12611

22-4701

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 47.--CRIMINAL HISTORY RECORD INFORMATION

      22-4701.   Definitions.As used in this act, unless the context clearly requires otherwise:

      (a)   "Central repository" means the criminal justice informationsystem central repository created by this act and the juvenile offenderinformation system created pursuant toK.S.A. 2007 Supp.38-2326,and amendments thereto.

      (b)   "Criminal history record information" means data initiated orcollected by a criminal justice agency on a person pertaining to areportable event. The term does not include:

      (1)   Data contained in intelligence or investigatory files or policework-product records used solely for police investigation purposes;

      (2)   wanted posters, police blotter entries, court records ofpublicjudicial proceedings or published court opinions;

      (3)   data pertaining to violations of the traffic laws of the stateor any other traffic law or ordinance, other than vehicular homicide; or

      (4)   presentence investigation and other reports prepared for use bya court in the exercise of criminal jurisdiction or by the governor inthe exercise of the power of pardon, reprieve or commutation.

      (c)   "Criminal justice agency" means any government agency orsubdivision of any such agency which is authorized by law to exercisethe power of arrest, detention, prosecution, adjudication, correctionalsupervision, rehabilitation or release of persons suspected, chargedor convicted of a crime and which allocates a substantial portion of itsannual budget to any of these functions. The term includes, but is notlimited to, the following agencies, when exercising jurisdiction overcriminal matters or criminal history record information:

      (1)   State, county, municipal and railroad police departments,sheriffs' offices and countywide law enforcement agencies,correctional facilities, jails and detention centers;

      (2)   the offices of the attorney general, county or districtattorneys and any other office in which are located persons authorizedby law to prosecute persons accused of criminal offenses;

      (3)   the district courts, the court of appeals, the supreme court,the municipal courts and the offices of the clerks of these courts;

      (4)   the Kansas sentencing commission;

      (5)   the Kansas parole board; and

      (6)   the juvenile justice authority.

      (d)   "Criminal justice information system" means the equipment(including computer hardware and software), facilities, procedures,agreements and personnel used in the collection, processing,preservation and dissemination of criminal history record information.

      (e)   "Director" means the director of the Kansas bureau of investigation.

      (f)   "Disseminate" means to transmit criminal history recordinformation in any oral or written form. The term does not include:

      (1)   The transmittal of such information within a criminal justiceagency;

      (2)   the reporting of such information as required by this act; or

      (3)   the transmittal of such information between criminal justiceagencies in order to permit the initiation of subsequent criminaljustice proceedings against a person relating to the same offense.

      (g)   "Reportable event" means an event specified or provided forin K.S.A. 22-4705, and amendments thereto.

      History:   L. 1978, ch. 118, § 1;L. 1982, ch. 182, § 125;L. 1983, ch. 140, § 5;L. 1990, ch. 115, § 2;L. 1996, ch. 229, § 27;L. 1997, ch. 156, § 39;L. 2006, ch. 169, § 101; Jan. 1, 2007.