38-2313.Fingerprints and photographs.(a) Fingerprints or photographs shall not be taken of anyjuvenilewho is taken intocustody for any purpose, except that:
(1) Fingerprints or photographs of a juvenile may be taken if authorizedby a judge of the districtcourt having jurisdiction;
(2) a juvenile's fingerprints shall be taken, and photographs of a juvenilemaybe taken, immediately upon taking the juvenile into custody or upon firstappearance or in any event before final sentencing, before the court for anoffense which, if committed by an adult, would constitute the commission of afelony, a class A or B misdemeanor or assault, as defined by K.S.A. 21-3408,and amendments thereto;
(3) fingerprints or photographs of a juvenile may be taken under K.S.A.21-2501, andamendments thereto, if the juvenile has been: (A) Prosecuted as an adultpursuant toK.S.A. 2009 Supp.38-2347, andamendments thereto; or (B) taken into custody for an offense described insubsection (n)(1) or (n)(2) ofK.S.A. 2009 Supp.38-2302, and amendmentsthereto;
(4) fingerprints or photographs shall be taken of anyjuvenile admitted to ajuvenile correctionalfacility; and
(5) photographs may be taken of any juvenile placed in a juvenile detentionfacility. Photographs taken under this paragraph shall be used solely by thejuvenile detention facility for the purposes of identification, security andprotection and shall not be disseminated to any other person or agency exceptafter an escape and necessary to assist in apprehension.
(b) Fingerprints and photographs taken under subsection (a)(1) or(a)(2) shall be keptreadilydistinguishable from those of persons of the age of majority. Fingerprints andphotographs takenunder subsections (a)(3) and (a)(4) may be kept in the samemanner asthose of persons ofthe age of majority.
(c) Fingerprints and photographs of a juvenile shall not be sent to a stateor federal repository,except that:
(1) Fingerprints and photographs may be sent to the stateand federal repositoryif authorized by ajudge of the district court having jurisdiction;
(2) a juvenile's fingerprints shall, and photographs of a juvenile may, besent to the state and federal repository if taken under subsection (a)(2) or(a)(4); and
(3) fingerprints or photographs taken undersubsection (a)(3)shall beprocessed and disseminated in the same manner as those of persons of the age ofmajority.
(d) Fingerprints or photographs of a juvenile may be furnished to anotherjuvenile justiceagency, as defined byK.S.A. 2009 Supp.38-2325, and amendments thereto, if theother agency has a legitimateneed for the fingerprints or photographs.
(e) Any fingerprints or photographs of an alleged juvenile offender takenunder the provisionsof subsection (a)(2) of K.S.A. 38-1611, prior to its repeal, may be sent to astate orfederal repository on or before December 31, 2006.
(f) Any law enforcement agency that willfully fails to submit anyfingerprints or photographs required by this section shall be liable to thestate for the payment of a civil penalty,recoverablein an action brought by the attorney general, in an amount not exceeding $500for each report notmade. Any civil penalty recovered under this subsection shall be paid into thestate general fund.
(g) The director of the Kansas bureau of investigation shall adopt anyrules and regulationsnecessary to implement, administer and enforce the provisions of this section,including timelimits within which fingerprints shall be sent to a state or federal repositorywhen required by thissection.
(h) Nothing in this section shall preclude the custodian of a juvenile fromauthorizingphotographs or fingerprints of the juvenile to be used in any action under theKansas parentageact.
History: L. 2006, ch. 169, § 13;L. 2007, ch. 23, § 1; March 29.
38-2313.Fingerprints and photographs.(a) Fingerprints or photographs shall not be taken of anyjuvenilewho is taken intocustody for any purpose, except that:
(1) Fingerprints or photographs of a juvenile may be taken if authorizedby a judge of the districtcourt having jurisdiction;
(2) a juvenile's fingerprints shall be taken, and photographs of a juvenilemaybe taken, immediately upon taking the juvenile into custody or upon firstappearance or in any event before final sentencing, before the court for anoffense which, if committed by an adult, would constitute the commission of afelony, a class A or B misdemeanor or assault, as defined by K.S.A. 21-3408,and amendments thereto;
(3) fingerprints or photographs of a juvenile may be taken under K.S.A.21-2501, andamendments thereto, if the juvenile has been: (A) Prosecuted as an adultpursuant toK.S.A. 2009 Supp.38-2347, andamendments thereto; or (B) taken into custody for an offense described insubsection (n)(1) or (n)(2) ofK.S.A. 2009 Supp.38-2302, and amendmentsthereto;
(4) fingerprints or photographs shall be taken of anyjuvenile admitted to ajuvenile correctionalfacility; and
(5) photographs may be taken of any juvenile placed in a juvenile detentionfacility. Photographs taken under this paragraph shall be used solely by thejuvenile detention facility for the purposes of identification, security andprotection and shall not be disseminated to any other person or agency exceptafter an escape and necessary to assist in apprehension.
(b) Fingerprints and photographs taken under subsection (a)(1) or(a)(2) shall be keptreadilydistinguishable from those of persons of the age of majority. Fingerprints andphotographs takenunder subsections (a)(3) and (a)(4) may be kept in the samemanner asthose of persons ofthe age of majority.
(c) Fingerprints and photographs of a juvenile shall not be sent to a stateor federal repository,except that:
(1) Fingerprints and photographs may be sent to the stateand federal repositoryif authorized by ajudge of the district court having jurisdiction;
(2) a juvenile's fingerprints shall, and photographs of a juvenile may, besent to the state and federal repository if taken under subsection (a)(2) or(a)(4); and
(3) fingerprints or photographs taken undersubsection (a)(3)shall beprocessed and disseminated in the same manner as those of persons of the age ofmajority.
(d) Fingerprints or photographs of a juvenile may be furnished to anotherjuvenile justiceagency, as defined byK.S.A. 2009 Supp.38-2325, and amendments thereto, if theother agency has a legitimateneed for the fingerprints or photographs.
(e) Any fingerprints or photographs of an alleged juvenile offender takenunder the provisionsof subsection (a)(2) of K.S.A. 38-1611, prior to its repeal, may be sent to astate orfederal repository on or before December 31, 2006.
(f) Any law enforcement agency that willfully fails to submit anyfingerprints or photographs required by this section shall be liable to thestate for the payment of a civil penalty,recoverablein an action brought by the attorney general, in an amount not exceeding $500for each report notmade. Any civil penalty recovered under this subsection shall be paid into thestate general fund.
(g) The director of the Kansas bureau of investigation shall adopt anyrules and regulationsnecessary to implement, administer and enforce the provisions of this section,including timelimits within which fingerprints shall be sent to a state or federal repositorywhen required by thissection.
(h) Nothing in this section shall preclude the custodian of a juvenile fromauthorizingphotographs or fingerprints of the juvenile to be used in any action under theKansas parentageact.
History: L. 2006, ch. 169, § 13;L. 2007, ch. 23, § 1; March 29.
38-2313.Fingerprints and photographs.(a) Fingerprints or photographs shall not be taken of anyjuvenilewho is taken intocustody for any purpose, except that:
(1) Fingerprints or photographs of a juvenile may be taken if authorizedby a judge of the districtcourt having jurisdiction;
(2) a juvenile's fingerprints shall be taken, and photographs of a juvenilemaybe taken, immediately upon taking the juvenile into custody or upon firstappearance or in any event before final sentencing, before the court for anoffense which, if committed by an adult, would constitute the commission of afelony, a class A or B misdemeanor or assault, as defined by K.S.A. 21-3408,and amendments thereto;
(3) fingerprints or photographs of a juvenile may be taken under K.S.A.21-2501, andamendments thereto, if the juvenile has been: (A) Prosecuted as an adultpursuant toK.S.A. 2009 Supp.38-2347, andamendments thereto; or (B) taken into custody for an offense described insubsection (n)(1) or (n)(2) ofK.S.A. 2009 Supp.38-2302, and amendmentsthereto;
(4) fingerprints or photographs shall be taken of anyjuvenile admitted to ajuvenile correctionalfacility; and
(5) photographs may be taken of any juvenile placed in a juvenile detentionfacility. Photographs taken under this paragraph shall be used solely by thejuvenile detention facility for the purposes of identification, security andprotection and shall not be disseminated to any other person or agency exceptafter an escape and necessary to assist in apprehension.
(b) Fingerprints and photographs taken under subsection (a)(1) or(a)(2) shall be keptreadilydistinguishable from those of persons of the age of majority. Fingerprints andphotographs takenunder subsections (a)(3) and (a)(4) may be kept in the samemanner asthose of persons ofthe age of majority.
(c) Fingerprints and photographs of a juvenile shall not be sent to a stateor federal repository,except that:
(1) Fingerprints and photographs may be sent to the stateand federal repositoryif authorized by ajudge of the district court having jurisdiction;
(2) a juvenile's fingerprints shall, and photographs of a juvenile may, besent to the state and federal repository if taken under subsection (a)(2) or(a)(4); and
(3) fingerprints or photographs taken undersubsection (a)(3)shall beprocessed and disseminated in the same manner as those of persons of the age ofmajority.
(d) Fingerprints or photographs of a juvenile may be furnished to anotherjuvenile justiceagency, as defined byK.S.A. 2009 Supp.38-2325, and amendments thereto, if theother agency has a legitimateneed for the fingerprints or photographs.
(e) Any fingerprints or photographs of an alleged juvenile offender takenunder the provisionsof subsection (a)(2) of K.S.A. 38-1611, prior to its repeal, may be sent to astate orfederal repository on or before December 31, 2006.
(f) Any law enforcement agency that willfully fails to submit anyfingerprints or photographs required by this section shall be liable to thestate for the payment of a civil penalty,recoverablein an action brought by the attorney general, in an amount not exceeding $500for each report notmade. Any civil penalty recovered under this subsection shall be paid into thestate general fund.
(g) The director of the Kansas bureau of investigation shall adopt anyrules and regulationsnecessary to implement, administer and enforce the provisions of this section,including timelimits within which fingerprints shall be sent to a state or federal repositorywhen required by thissection.
(h) Nothing in this section shall preclude the custodian of a juvenile fromauthorizingphotographs or fingerprints of the juvenile to be used in any action under theKansas parentageact.
History: L. 2006, ch. 169, § 13;L. 2007, ch. 23, § 1; March 29.
