(c) (1)Except as provided in subsection (c)(3), violation of the Kansas offender registration act is: (A)Upon a first conviction, a severity level 6 felony; (B)upon a second conviction, a severity level 5 felony; and. 155, 26. 64081. Sec. 22-4909, and amendments thereto. 2021 Supp. (2) Except as otherwise provided by the Kansas offender registration act, the duration of registration terminates, if not confined, at the expiration of 25 years from the date of conviction. 2021 Supp. 2021 Supp. 21-3401, prior to its repeal, or K.S.A. The charge established in this section shall be the only fee collected or moneys in the nature of a fee collected for the case. 21-5703, and amendments thereto; (B)possession of ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with intent to use the product to manufacture a controlled substance, as defined in K.S.A. Web(c) (1) Violation of the Kansas offender registration act is: (A) Upon a first conviction, a severity level 6, person felony; (B) upon a second conviction, a severity level 5, person 21-5506(a), and amendments thereto; (F) unlawful sexual relations, as defined in K.S.A. 21-5404, and amendments thereto; (E) involuntary manslaughter, as defined in K.S.A. If the offender is required to be registered under both a person and nonperson underlying crime, the violation shall be designated as a person crime. 22-4901 et seq., and amendments thereto, there shall be no expungement of any conviction or any part of the offenders criminal record while the offender is required to register as provided in the Kansas offender registration act. 164, 29; L. 2001, ch. 214, 6; L. 2007, ch. Third and beyond For purposes of this subsection, coercion means: Threats of harm or physical restraint against any person; a scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in bodily harm or physical restraint against any person; or the abuse or threatened abuse of the legal process. for SB 37 In KSA 22-4903, a first conviction of failure to comply with the provisions of the Act becomes a severity level 5, person felony, (formerly a level 6, person felony); a second conviction remains a level 5, person felony; and a third or subsequent conviction becomes level 3, person felony. This site is protected by reCAPTCHA and the Google, There is a newer version of the Kansas Statutes. 21-3404, prior to its repeal, or K.S.A. Such violation shall be designated as a person or nonperson crime in accordance with the designation assigned to the underlying crime for which the offender is required to be registered under the Kansas offender registration act. 75-7e01 through 75-7e09, and amendments thereto, and K.S.A. Nothing in the Kansas offender registration act shall be construed to state that an offender may only have one residence for the purpose of such act. (I)aggravated human trafficking, as defined in K.S.A. (l) Transient means having no fixed or identifiable residence. Kansas (q)"Correctional facility" means any public or private correctional facility, juvenile detention facility, prison or jail. 21-5301, 21-5302, 21-5303, and amendments thereto, of a sexually violent crime, as defined in this subsection; or. 2021 Supp. 212, 20; L. 2007, ch. Sec. 253, 19; L. 1999, ch. Webrequired as provided in the Kansas offender registration act. 21-5511, and amendments thereto; (B)criminal sodomy, as defined in K.S.A. This site is protected by reCAPTCHA and the Google, There is a newer version Web(a) (1) Except as provided in subsection (c), if convicted of any of the following offenses, an offender's duration of registration shall be, if confined, 15 years after the date of parole, discharge or release, whichever date is most recent, or, if not confined, 15 years from the date of conviction: 21-36a03, prior to its transfer, or K.S.A. No ex post facto violation if criminal violation charged occurs after effective date of statute providing punishment for violation. [See Revisor's Note] (a) Violation of the Kansas offender registration act is the failure by an offender, as defined in K.S.A. Disclaimer: These codes may not be the most recent version. 123, 3; L. 2006, ch. Web(c) (1) Except as provided in subsection (c)(3), violation of the Kansas offender registration act is: (A) Upon a first conviction, a severity level 6 felony; (B) upon a 2019 Supp. 22-4902, and amendments thereto, to comply withany and all This site is protected by reCAPTCHA and the Google, There is a newer version of the Kansas Statutes. 74, 11, L. 2010, ch. 21-5403, and amendments thereto; (D)voluntary manslaughter, as defined in K.S.A. Additionally, any violations or other convictions also are considered in determining duration. 127, 2; L. 2016, ch. Any offender required to register as provided in the Kansas offender registration act shall: (a)Except as otherwise provided in this subsection, register in person with the registering law enforcement agency within three business days of coming into any county or location of jurisdiction in which the offender resides or intends to reside, maintains employment or intends to maintain employment, or attends school or intends to attend school. 21-5514, and amendments thereto, if the victim is 14 or more years of age but less than 18 years of age; (K) promoting prostitution, as defined in K.S.A. 2021 Supp. Adjourned until Monday, January 09, 2017 at 02:00 p.m. This section shall include any person with any out-of-state conviction or adjudication for an offense that would require registration under the laws of this state (a) Except as provided in subsection (b), a drug offender who is required to register under the Kansas offender registration act may file a verified petition for relief from registration requirements if the offender has registered for a period of at least five years after the date of parole, discharge or release, whichever date is most recent, or, if not confined, five years from the date of conviction or adjudication. 2021 Supp. 2010 Supp. You can explore additional available newsletters here. 22-4908 is hereby amended to read as follows: 22-4908. 21-5404, and amendments thereto; (J) involuntary manslaughter, as defined in K.S.A. 21-5426(b), and amendments thereto, if not committed in whole or in part for the purpose of the sexual gratification of the defendant or another; (2) on or after July 1, 2006, is convicted of any person felony and the court makes a finding on the record that a deadly weapon was used in the commission of such person felony; (3) has been convicted of an offense that is comparable to any crime defined in this subsection, any out-of-state conviction for an offense that under the laws of this state would be an offense defined in this subsection; or. 95, 3; L. 2012, ch. 253, 19; L. 1999, ch. 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage; or. 21-3506, prior to its repeal, or K.S.A. (c) Any period of time during which an offender is incarcerated in any jail or correctional facility or during which the offender does not substantially comply with the requirements of the Kansas offender registration act shall not count toward the duration of registration required in subsection (a). 2021 Supp. 22-4902, and amendments thereto, to comply with any and all provisions of such act, including any and all duties set forth in K.S.A. (4)in the county in which any conviction or adjudication occurred for which the offender is required to be registered under the Kansas offender registration act. KSJC 08/2022 IN THE JUDICIAL DISTRICT DISTRICT COURT OF COUNTY, KANSAS THE STATE OF KANSAS vs. _______________________________ [Name] Defendant Case No. 22-4902, and amendments thereto, to comply with any and all provisions of such act, including any and all duties set forth in K.S.A. (l) For any person residing, maintaining employment or attending school in this state who has been convicted or adjudicated by an out-of-state court of an offense that is comparable to any crime requiring registration pursuant to the Kansas offender registration act, but who was not required to register in the jurisdiction of conviction or adjudication, the duration of registration shall be the duration required for the comparable offense pursuant to the Kansas offender registration act. 2019 Supp. 21-5401, and amendments thereto; (B)murder in the first degree, as defined in K.S.A. In addition to the quarterly reports, other activities may require notification to local police. 2021 Supp. 21-6420, and amendments thereto; (16)any conviction or adjudication for an offense that is comparable to a sexually violent crime as defined in this subsection, or any out-of-state conviction or adjudication for an offense that under the laws of this state would be a sexually violent crime as defined in this subsection; (17)an attempt, conspiracy or criminal solicitation, as defined in K.S.A. Such offender shall comply with the provisions of the Kansas offender registration act and, in addition, shall: (1)Provide a list of places where the offender has slept and otherwise frequented during the period of time since the last date of registration; and. 2021 Supp. The first and most well-known are sex offendersindividuals convicted of a crime involving some element of sexual desire. 95, 3; L. 2012, ch. 2019 Supp. Such violation shall be designated as a person or nonperson crime in accordance with the designation assigned to the underlying crime for which the offender is required to be registered under the Kansas offender registration act. These individuals have been convicted of a violent crime, such as murder, kidnapping, or manslaughter. 2021 Supp. (4) When a petition is filed, the court shall set a date for a hearing on such petition and cause notice of the hearing to be given to the county or district attorney in the county where the petition is filed. (b)"Sex offender" includes any person who: (1)On or after April 14, 1994, is convicted of any sexually violent crime; (2)on or after July 1, 2002, is adjudicated as a juvenile offender for an act which if committed by an adult would constitute the commission of a sexually violent crime, unless the court, on the record, finds that the act involved non-forcible sexual conduct, the victim was at least 14 years of age and the offender was not more than four years older than the victim; (3)has been determined to be a sexually violent predator; (4)on or after July 1, 1997, is convicted of any of the following crimes when one of the parties involved is less than 18 years of age: (A)Adultery, as defined in K.S.A. 21-6804, and amendments thereto, the court shall: (h) Notwithstanding any other provisions of this section, an offender 14 years of age or more who is adjudicated as a juvenile offender for an act which, if committed by an adult, would constitute a sexually violent crime set forth in K.S.A. 2021 Supp. An Act concerning offender registration; relating to the Kansas offender registration act; providing a mechanism to seek relief from registration requirements for drug offenders; expungement for such offenses; requiring registration for certain violations of breach of privacy, internet trading in child pornography and aggravated internet trading in child pornography; amending K.S.A. Kansas 21-5405(a)(1), (a)(2) or (a)(4), and amendments thereto; (K) criminal restraint, as defined in K.S.A. 2021 Supp. As used in this paragraph, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification. (J)(L) any attempt, conspiracy or criminal solicitation, as defined in K.S.A. 2016 Supp. 21-3517, prior to its repeal, or K.S.A. WebConviction under act requires registration and public access of such; no preregistration hearing required, act not violative of procedural due process nor cruel and unusual. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of an offense defined in this subsection. 59-29a01 et seq., and amendments thereto, shall register for such persons lifetime. Kansas Statutes 22-4903. Violation of act; aggravated violation 2021 Supp. Any aggravated violation of the Kansas offender registration act which continues for more than 180 consecutive days shall, upon the 181st consecutive day, constitute a new and separate offense, and shall continue to constitute a new and separate violation of the Kansas offender registration act every 30 days thereafter, or a new and separate aggravated violation of the Kansas offender registration act every 180 days thereafter, for as long as the violation continues. (i)"Employment" means any full-time, part-time, transient, day-labor employment or volunteer work, with or without compensation, for three or more consecutive days or parts of days, or for 10 or more nonconsecutive days in a period of 30 consecutive days. The municipal court shall order the case expunged once the certified copy of the order of expungement is received. 21-3511, prior to its repeal, or K.S.A. 2021 Supp. 65-4159, prior to its repeal, K.S.A. KS Violation of act; aggravated violation; penalties; new and separate offense; prosecution, venue. 21-3516, prior to its repeal, or K.S.A. 2021 Supp. A copy of the registration form and any updated registrations for an offender released on work or school release shall be sent, within three business days, to the registering law enforcement agency where the offender is incarcerated, maintains employment or attends school, and to the Kansas bureau of investigation; (e)if involuntarily committed pursuant to the Kansas sexually violent predator act, register within three business days of arrival in the county where the offender resides during commitment. 65-4159, prior to its repeal, K.S.A. (m) Law enforcement agency having initial jurisdiction means the registering law enforcement agency of the county or location of jurisdiction where the offender expects to most often reside upon the offenders discharge, parole or release. (d)Prosecution of violations of this section may be held: (1)In any county in which the offender resides; (2)in any county in which the offender is required to be registered under the Kansas offender registration act; (3)in any county in which the offender is located during which time the offender is not in compliance with the Kansas offender registration act; or. An individual violates KORA by failing to comply with any reporting requirement, including missing reporting deadlines. 164, 30; L. 2003, ch. Thus, first violations are considered level 6 felonies. 2010 Supp. 21-5408(a), and amendments thereto; (G)aggravated kidnapping, as defined in K.S.A. 21-6101(a)(6), (a)(7) or (a)(8), and amendments thereto; (8) is convicted of an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5512, and amendments thereto; (13) aggravated human trafficking, as defined in K.S.A. 21-3405b, prior to its repeal. 21-3506, prior to its repeal, or K.S.A. Notwithstanding other provisions herein, payment of this fee is not required: (1)When an offender provides updates or changes in information or during an initial registration unless such updates, changes or initial registration is during the month of such offender's birthday and every third, sixth and ninth month occurring before and after the month of the offender's birthday; (2)when an offender is transient and is required to register every 30 days, or more frequently as ordered by the registering law enforcement agency, except during the month of the offender's birthday and every third, sixth and ninth month occurring before and after the month of the offender's birthday; or. THE COURT Mandatory lifetime postrelease 21-5408(b), and amendments thereto; (11) aggravated internet trading in child pornography, as defined in K.S.A. Noncompliance with KORA is a single violation for the first 30 days. 2019 Supp. 21-3513, prior to its repeal, or K.S.A. 2019 Supp. Nothing in the Kansas offender registration act shall be construed to state that an offender may only have one residence for the purpose of such act. (b) (1) Except as provided in subsection (c), if convicted of any of the following offenses, an offenders duration of registration shall be, if confined, 25 years after the date of parole, discharge or release, whichever date is most recent, or, if not confined, 25 years from the date of conviction: (A) Criminal sodomy, as defined in K.S.A. 3. Who Is An Offender Under KORA?Section 22-4902 outlines the five basic types of offenders KORA covers. 2019 Supp. 22-4905 through 22-4907, and amendments thereto. Why not? (12)(13) any attempt, conspiracy or criminal solicitation, as defined in K.S.A. (3) All petitions for expungement shall be docketed in the original criminal action. (2) indecent liberties with a child, as defined in K.S.A. 2021 Supp. 21-5611(a), and amendments thereto, aggravated unlawful transmission of a visual depiction of a child, as defined in K.S.A. felony if, within 15 days of the most recent registration. 95, 5; L. 2012, ch. 123, 4; L. 2006, ch. 3. (a) (1) Except as provided in subsections (b), (c), (d), (e) and (f), any person convicted in this state of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1, 1993, any nongrid felony or felony ranked in severity levels 6 through 10 of the nondrug grid, or for crimes committed on or after July 1, 1993, but prior to July 1, 2012, any felony ranked in severity level 4 of the drug grid, or for crimes committed on or after July 1, 2012, any felony ranked in severity level 5 of the drug grid may petition the convicting court for the expungement of such conviction or related arrest records if three or more years have elapsed since the person: (A) Satisfied the sentence imposed; or (B) was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence. 2021 Supp. 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the defendant or another; (14) commercial sexual exploitation of a child, as defined in K.S.A. 55, 1; L. 2002, ch. If the offender was not convicted or adjudicated in this state of the offense requiring registration, such petition shall be filed in the district court of any county where the offender is currently required to register. Issue 19 - Kansas Secretary of State As used in the Kansas offender registration act, unless the context otherwise requires: Adjourned until Monday, January 11, 2021 at 02:00 p.m. Here's how you know. (5) The county or district attorney shall notify any victim of the offense requiring registration who is alive and whose address is known or, if the victim is deceased, the victims family if the familys address is known. When a second violation occurs, the conviction will be treated as severity level 5. 22-4907, and amendments thereto, within three business days of such commencement, change or termination, to the registering law enforcement agency or agencies where last registered and provide written notice to the Kansas bureau of investigation; (i)report in person to the registering law enforcement agency or agencies within three business days of any change in name; (j)if receiving inpatient treatment at any treatment facility, inform the treatment facility of the offender's status as an offender and inform the registering law enforcement agency of the county or location of jurisdiction in which the treatment facility is located of the offender's presence at the treatment facility and the expected duration of the treatment; (k)submit to the taking of an updated photograph by the registering law enforcement agency on each occasion when the offender registers with or reports to the registering law enforcement agency in the county or location of jurisdiction in which the offender resides, maintains employment or attends school. Kansas Offender Registration Act. 21-3513, prior to its repeal, or K.S.A. 2019 Supp. Such violation shall be designated as a person or nonperson crime in accordance with the designation assigned to the underlying crime for which the offender is required to be registered under the Kansas offender registration act. 21-5506(b), and amendments thereto; (4) criminal sodomy, as defined in K.S.A. Your message has failed. Sign up for our free summaries and get the latest delivered directly to you. 2021 Supp. (8)(9) has been convicted of an offense that is comparable to any crime defined in this subsection, or any out-of-state conviction for an offense that under the laws of this state would be an offense defined in this subsection. Duties of offender required to register; reporting; updated photograph; fee; driver's license; identification card. 2021 Supp. (b) Sex offender includes any person who: (1) On or after April 14, 1994, is convicted of any sexually violent crime; 2019 Supp. 22-4902. Who is Required to Register - Reno County, KS 21-5508(b), and amendments thereto; (6) aggravated human trafficking, as defined in K.S.A. Public Offender Registry - KBI - Kansas Bureau of 21-3401, prior to its repeal, or K.S.A. Make your practice more effective and efficient with Casetexts legal research suite. Current through 2023 Session Acts Chapter 108.

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