State Codes and Statutes

Statutes > Kansas > Chapter22 > Article49 > Statutes_12631

22-4906

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 49.--OFFENDER REGISTRATION

      22-4906.   Time period in which required to register;termination ofregistration requirement.(a) Except as provided in subsection (d), any person requiredto register as provided in this act shallbe required to register: (1) Upon thefirst conviction of a sexually violent crime as defined in subsection (c) ofK.S.A. 22-4902, and amendments thereto, any offense as defined insubsection(a) of K.S.A. 22-4902, and amendments thereto, or any offense asdefined insubsection (d) of K.S.A. 22-4902, and amendments thereto, if notconfined, fora period of 10 years after conviction, or, if confined, for a period of 10years after paroled, dischargedor released, whichever date is most recent. The ten-year periodshall not apply to any person while the person is incarcerated in any jail orcorrectional facility. The ten-year registration requirement does not includeany time period when any person who is required to register under this actknowingly or willfully fails to comply with the registration requirement;or (2) upon a second or subsequent conviction for such person'slifetime.

      (b)   Upon the first conviction, liability for registration terminates, ifnot confined, at theexpiration of 10 years fromthe date of conviction,or, if confined, at the expiration of 10 years from the date of parole,discharge or release, whichever date is most recent. The ten-year periodshall not apply to any person while the person is incarcerated in any jail orcorrectional facility. The ten-year registration requirement does not includeany time period when any person who is required to register under this actknowingly or willfully fails to comply with the registration requirement.Liability for registration does not terminateif the convicted offender again becomes liable to registeras provided bythis act during that period.

      (c)   Any person who has been convicted of an aggravated offense shall berequired to register for such person's lifetime.

      (d)   Any person who has been convicted of any of the following offensesshall be required to register for such person's lifetime:

      (1)   Aggravated trafficking, as defined in K.S.A. 21-3447, andamendments thereto, if the victim is less than 14 years of age;

      (2)   rape, as defined in subsection (a)(2) of K.S.A. 21-3502, andamendments thereto;

      (3)   aggravated indecent liberties with a child, as defined in subsection(a)(3) ofK.S.A. 21-3504, and amendments thereto;

      (4)   aggravated criminal sodomy, as defined in subsection (a)(1) or (a)(2) ofK.S.A. 21-3506, and amendments thereto;

      (5)   promoting prostitution, as defined in K.S.A. 21-3513, and amendmentsthereto, if the prostitute is less than 14 years of age; or

      (6)   sexual exploitation of a child, as defined in subsection (a)(5) or (a)(6)of K.S.A. 21-3516, and amendments thereto.

      (e)   Any person who has been declared a sexually violentpredator pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shallregister for such person's lifetime.

      (f)   Any nonresident worker shall register for the durationof such person's employment. The provisions of this subsection are in additionto subsections (a) and (b).

      (g)   Any nonresident student shall register for the durationof such person's attendance at a school or educational institution as providedin this act. The provisions of this subsection are in addition tosubsections (a) and (b).

      (h) (1)   Notwithstanding any other provisions ofthis section, a person who is adjudicated as a juvenile offender for an actwhich if committed by an adult would constitute the commission of a sexuallyviolent crime set forth in subsection (c) of K.S.A. 22-4902, and amendmentsthereto,and such crime is an off-grid felony or a felony ranked in severity level 1of the nondrug grid as provided in K.S.A. 21-4704, and amendments thereto,shall be required to register until such person reaches 18 years of age, at theexpiration of five years from the date of adjudication or, if confined, fromrelease from confinement, whichever date occurs later. The five-year periodshall not apply to any person while that person is incarcerated in any jail,juvenile facility or correctional facility. The five-year registrationrequirement does not include any time period when any person who is required toregister under this act knowingly or willfully fails to comply with theregistration requirement.

      (2) (A)   A person who is adjudicated as a juvenile offender for an actwhich ifcommitted by an adult would constitute the commission of a sexually violentcrime set forth in subsection (c) of K.S.A. 22-4902, and amendments thereto,and such crime is not an off-grid felony or a felony ranked in severity level 1of the nondrug grid as provided in K.S.A. 21-4704, and amendments thereto, may,by the court:

      (i)   Be required to register pursuant to the provisions of paragraph (1);

      (ii)   not be required to register if the judge, on the record, findssubstantial and compelling reasons therefor; or

      (iii)   be required to register with the sheriff pursuant to K.S.A. 22-4904,and amendments thereto, but such registration information shall not be open toinspection by the public or posted on any internet website, as provided inK.S.A. 22-4909, and amendments thereto.If the court requiresthe juvenile to register but such registration is not open to the public, thejuvenile shall provide a copy of such court order to the sheriff at the time ofregistration. The sheriff shall forward a copy of such court order to theKansas bureau of investigation.

      (B)   If such juvenile offender violates a condition ofrelease during the term of the conditional release, the judge may require thejuvenile offender to register pursuant to paragraph (1).

      (3)   Liability for registration does notterminate if the adjudicated offender again becomes liable to register asprovided by this act during the required period.

      (4)   The provisions of paragraph (2)(A)(ii) shall apply to adjudications onand after theeffective date of this act and retroactively to adjudications prior to July 1,2007.

      (i)   Any person moving to the state of Kansas who has been convicted inanother state, and who was required to register under that state's laws, shallregister for the same length of time required by that state or Kansas,whichever length of time is longer.The provisions of this subsection shall apply to convictionsprior to June 1, 2006 and to persons who moved to Kansas prior toJune l, 2006.

      History:   L. 1993, ch. 253, § 22;L. 1994, ch. 107, § 5;L. 1997, ch. 181, § 11;L. 1999, ch. 164, § 33;L. 2001, ch. 208, § 13;L. 2002, ch. 55, § 2;L. 2005, ch. 202, § 1;L. 2006, ch. 214, § 9;L. 2007, ch. 183, § 4; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article49 > Statutes_12631

22-4906

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 49.--OFFENDER REGISTRATION

      22-4906.   Time period in which required to register;termination ofregistration requirement.(a) Except as provided in subsection (d), any person requiredto register as provided in this act shallbe required to register: (1) Upon thefirst conviction of a sexually violent crime as defined in subsection (c) ofK.S.A. 22-4902, and amendments thereto, any offense as defined insubsection(a) of K.S.A. 22-4902, and amendments thereto, or any offense asdefined insubsection (d) of K.S.A. 22-4902, and amendments thereto, if notconfined, fora period of 10 years after conviction, or, if confined, for a period of 10years after paroled, dischargedor released, whichever date is most recent. The ten-year periodshall not apply to any person while the person is incarcerated in any jail orcorrectional facility. The ten-year registration requirement does not includeany time period when any person who is required to register under this actknowingly or willfully fails to comply with the registration requirement;or (2) upon a second or subsequent conviction for such person'slifetime.

      (b)   Upon the first conviction, liability for registration terminates, ifnot confined, at theexpiration of 10 years fromthe date of conviction,or, if confined, at the expiration of 10 years from the date of parole,discharge or release, whichever date is most recent. The ten-year periodshall not apply to any person while the person is incarcerated in any jail orcorrectional facility. The ten-year registration requirement does not includeany time period when any person who is required to register under this actknowingly or willfully fails to comply with the registration requirement.Liability for registration does not terminateif the convicted offender again becomes liable to registeras provided bythis act during that period.

      (c)   Any person who has been convicted of an aggravated offense shall berequired to register for such person's lifetime.

      (d)   Any person who has been convicted of any of the following offensesshall be required to register for such person's lifetime:

      (1)   Aggravated trafficking, as defined in K.S.A. 21-3447, andamendments thereto, if the victim is less than 14 years of age;

      (2)   rape, as defined in subsection (a)(2) of K.S.A. 21-3502, andamendments thereto;

      (3)   aggravated indecent liberties with a child, as defined in subsection(a)(3) ofK.S.A. 21-3504, and amendments thereto;

      (4)   aggravated criminal sodomy, as defined in subsection (a)(1) or (a)(2) ofK.S.A. 21-3506, and amendments thereto;

      (5)   promoting prostitution, as defined in K.S.A. 21-3513, and amendmentsthereto, if the prostitute is less than 14 years of age; or

      (6)   sexual exploitation of a child, as defined in subsection (a)(5) or (a)(6)of K.S.A. 21-3516, and amendments thereto.

      (e)   Any person who has been declared a sexually violentpredator pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shallregister for such person's lifetime.

      (f)   Any nonresident worker shall register for the durationof such person's employment. The provisions of this subsection are in additionto subsections (a) and (b).

      (g)   Any nonresident student shall register for the durationof such person's attendance at a school or educational institution as providedin this act. The provisions of this subsection are in addition tosubsections (a) and (b).

      (h) (1)   Notwithstanding any other provisions ofthis section, a person who is adjudicated as a juvenile offender for an actwhich if committed by an adult would constitute the commission of a sexuallyviolent crime set forth in subsection (c) of K.S.A. 22-4902, and amendmentsthereto,and such crime is an off-grid felony or a felony ranked in severity level 1of the nondrug grid as provided in K.S.A. 21-4704, and amendments thereto,shall be required to register until such person reaches 18 years of age, at theexpiration of five years from the date of adjudication or, if confined, fromrelease from confinement, whichever date occurs later. The five-year periodshall not apply to any person while that person is incarcerated in any jail,juvenile facility or correctional facility. The five-year registrationrequirement does not include any time period when any person who is required toregister under this act knowingly or willfully fails to comply with theregistration requirement.

      (2) (A)   A person who is adjudicated as a juvenile offender for an actwhich ifcommitted by an adult would constitute the commission of a sexually violentcrime set forth in subsection (c) of K.S.A. 22-4902, and amendments thereto,and such crime is not an off-grid felony or a felony ranked in severity level 1of the nondrug grid as provided in K.S.A. 21-4704, and amendments thereto, may,by the court:

      (i)   Be required to register pursuant to the provisions of paragraph (1);

      (ii)   not be required to register if the judge, on the record, findssubstantial and compelling reasons therefor; or

      (iii)   be required to register with the sheriff pursuant to K.S.A. 22-4904,and amendments thereto, but such registration information shall not be open toinspection by the public or posted on any internet website, as provided inK.S.A. 22-4909, and amendments thereto.If the court requiresthe juvenile to register but such registration is not open to the public, thejuvenile shall provide a copy of such court order to the sheriff at the time ofregistration. The sheriff shall forward a copy of such court order to theKansas bureau of investigation.

      (B)   If such juvenile offender violates a condition ofrelease during the term of the conditional release, the judge may require thejuvenile offender to register pursuant to paragraph (1).

      (3)   Liability for registration does notterminate if the adjudicated offender again becomes liable to register asprovided by this act during the required period.

      (4)   The provisions of paragraph (2)(A)(ii) shall apply to adjudications onand after theeffective date of this act and retroactively to adjudications prior to July 1,2007.

      (i)   Any person moving to the state of Kansas who has been convicted inanother state, and who was required to register under that state's laws, shallregister for the same length of time required by that state or Kansas,whichever length of time is longer.The provisions of this subsection shall apply to convictionsprior to June 1, 2006 and to persons who moved to Kansas prior toJune l, 2006.

      History:   L. 1993, ch. 253, § 22;L. 1994, ch. 107, § 5;L. 1997, ch. 181, § 11;L. 1999, ch. 164, § 33;L. 2001, ch. 208, § 13;L. 2002, ch. 55, § 2;L. 2005, ch. 202, § 1;L. 2006, ch. 214, § 9;L. 2007, ch. 183, § 4; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article49 > Statutes_12631

22-4906

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 49.--OFFENDER REGISTRATION

      22-4906.   Time period in which required to register;termination ofregistration requirement.(a) Except as provided in subsection (d), any person requiredto register as provided in this act shallbe required to register: (1) Upon thefirst conviction of a sexually violent crime as defined in subsection (c) ofK.S.A. 22-4902, and amendments thereto, any offense as defined insubsection(a) of K.S.A. 22-4902, and amendments thereto, or any offense asdefined insubsection (d) of K.S.A. 22-4902, and amendments thereto, if notconfined, fora period of 10 years after conviction, or, if confined, for a period of 10years after paroled, dischargedor released, whichever date is most recent. The ten-year periodshall not apply to any person while the person is incarcerated in any jail orcorrectional facility. The ten-year registration requirement does not includeany time period when any person who is required to register under this actknowingly or willfully fails to comply with the registration requirement;or (2) upon a second or subsequent conviction for such person'slifetime.

      (b)   Upon the first conviction, liability for registration terminates, ifnot confined, at theexpiration of 10 years fromthe date of conviction,or, if confined, at the expiration of 10 years from the date of parole,discharge or release, whichever date is most recent. The ten-year periodshall not apply to any person while the person is incarcerated in any jail orcorrectional facility. The ten-year registration requirement does not includeany time period when any person who is required to register under this actknowingly or willfully fails to comply with the registration requirement.Liability for registration does not terminateif the convicted offender again becomes liable to registeras provided bythis act during that period.

      (c)   Any person who has been convicted of an aggravated offense shall berequired to register for such person's lifetime.

      (d)   Any person who has been convicted of any of the following offensesshall be required to register for such person's lifetime:

      (1)   Aggravated trafficking, as defined in K.S.A. 21-3447, andamendments thereto, if the victim is less than 14 years of age;

      (2)   rape, as defined in subsection (a)(2) of K.S.A. 21-3502, andamendments thereto;

      (3)   aggravated indecent liberties with a child, as defined in subsection(a)(3) ofK.S.A. 21-3504, and amendments thereto;

      (4)   aggravated criminal sodomy, as defined in subsection (a)(1) or (a)(2) ofK.S.A. 21-3506, and amendments thereto;

      (5)   promoting prostitution, as defined in K.S.A. 21-3513, and amendmentsthereto, if the prostitute is less than 14 years of age; or

      (6)   sexual exploitation of a child, as defined in subsection (a)(5) or (a)(6)of K.S.A. 21-3516, and amendments thereto.

      (e)   Any person who has been declared a sexually violentpredator pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shallregister for such person's lifetime.

      (f)   Any nonresident worker shall register for the durationof such person's employment. The provisions of this subsection are in additionto subsections (a) and (b).

      (g)   Any nonresident student shall register for the durationof such person's attendance at a school or educational institution as providedin this act. The provisions of this subsection are in addition tosubsections (a) and (b).

      (h) (1)   Notwithstanding any other provisions ofthis section, a person who is adjudicated as a juvenile offender for an actwhich if committed by an adult would constitute the commission of a sexuallyviolent crime set forth in subsection (c) of K.S.A. 22-4902, and amendmentsthereto,and such crime is an off-grid felony or a felony ranked in severity level 1of the nondrug grid as provided in K.S.A. 21-4704, and amendments thereto,shall be required to register until such person reaches 18 years of age, at theexpiration of five years from the date of adjudication or, if confined, fromrelease from confinement, whichever date occurs later. The five-year periodshall not apply to any person while that person is incarcerated in any jail,juvenile facility or correctional facility. The five-year registrationrequirement does not include any time period when any person who is required toregister under this act knowingly or willfully fails to comply with theregistration requirement.

      (2) (A)   A person who is adjudicated as a juvenile offender for an actwhich ifcommitted by an adult would constitute the commission of a sexually violentcrime set forth in subsection (c) of K.S.A. 22-4902, and amendments thereto,and such crime is not an off-grid felony or a felony ranked in severity level 1of the nondrug grid as provided in K.S.A. 21-4704, and amendments thereto, may,by the court:

      (i)   Be required to register pursuant to the provisions of paragraph (1);

      (ii)   not be required to register if the judge, on the record, findssubstantial and compelling reasons therefor; or

      (iii)   be required to register with the sheriff pursuant to K.S.A. 22-4904,and amendments thereto, but such registration information shall not be open toinspection by the public or posted on any internet website, as provided inK.S.A. 22-4909, and amendments thereto.If the court requiresthe juvenile to register but such registration is not open to the public, thejuvenile shall provide a copy of such court order to the sheriff at the time ofregistration. The sheriff shall forward a copy of such court order to theKansas bureau of investigation.

      (B)   If such juvenile offender violates a condition ofrelease during the term of the conditional release, the judge may require thejuvenile offender to register pursuant to paragraph (1).

      (3)   Liability for registration does notterminate if the adjudicated offender again becomes liable to register asprovided by this act during the required period.

      (4)   The provisions of paragraph (2)(A)(ii) shall apply to adjudications onand after theeffective date of this act and retroactively to adjudications prior to July 1,2007.

      (i)   Any person moving to the state of Kansas who has been convicted inanother state, and who was required to register under that state's laws, shallregister for the same length of time required by that state or Kansas,whichever length of time is longer.The provisions of this subsection shall apply to convictionsprior to June 1, 2006 and to persons who moved to Kansas prior toJune l, 2006.

      History:   L. 1993, ch. 253, § 22;L. 1994, ch. 107, § 5;L. 1997, ch. 181, § 11;L. 1999, ch. 164, § 33;L. 2001, ch. 208, § 13;L. 2002, ch. 55, § 2;L. 2005, ch. 202, § 1;L. 2006, ch. 214, § 9;L. 2007, ch. 183, § 4; July 1.