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Session of 2025
HOUSE BILL No. 2173
By Committee on Judiciary
Requested by Representative Schreiber
1-30
AN ACT concerning the Kansas offender registration act; relating to relief
from registration requirements; authorizing certain offenders to petition
for such relief; amending K.S.A. 22-4908 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 22-4908 is hereby amended to read as follows: 22-
4908. (a) (1) 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.
(2) Except as provided in subsection (b), an offender described in this
paragraph 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 10 years
after the date of parole, discharge or release, whichever date is most
recent, or, if not confined, 10 years from the date of conviction or
adjudication:
(A) An offender who was convicted or adjudicated of an offense prior
to July 1, 2011, that, at the time of conviction or adjudication, did not
require such offender to register under the Kansas offender registration
act, but is required to register because of the retroactive application of
section 6 of chapter 95 of the 2011 Session Laws of Kansas; and
(B) an offender who was originally required to register under the
Kansas offender registration act for 10 years for an offense committed
prior to July 1, 2011, but is required to register for a longer period
because of the retroactive application of section 6 of chapter 95 of the
2011 Session Laws of Kansas.
(b) An offender who is required to register pursuant to K.S.A. 22-
4906(k), and amendments thereto, because of an out-of-state conviction or
adjudication may not petition for relief from registration requirements in
this state if the offender would be required to register under the law of the
state or jurisdiction where the conviction or adjudication occurred. If the
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offender would no longer be required to register under the law of the state
or jurisdiction where the conviction or adjudication occurred, the offender
may file a verified petition pursuant to subsection (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).
(d) (1) A verified petition for relief from registration requirements
shall be filed in the district court in the county where the offender was
convicted or adjudicated of the offense requiring registration. 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. The docket
fee shall be as provided in K.S.A. 60-2001, and amendments thereto.
(2) The petition shall include:
(A) The offender's full name;
(B) the offender's full name at the time of conviction or adjudication
for the offense or offenses requiring registration, if different than the
offender's current name;
(C) the offender's sex, race and date of birth;
(D) the offense or offenses requiring registration;
(E) the date of conviction or adjudication for the offense or offenses
requiring registration;
(F) the court in which the offender was convicted or adjudicated of
the offense or offenses requiring registration;
(G) whether the offender has been arrested, convicted, adjudicated or
entered into a diversion agreement for any crime during the period the
offender is required to register; and
(H) the names of all treatment providers and agencies that have
treated the offender for mental health, substance abuse and offense-related
behavior since the date of the offense or offenses requiring registration.
(3) The judicial council shall develop a petition form for use under
this section.
(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. Any person who
may have relevant information about the offender may testify at the
hearing.
(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 victim's family if the family's address is
known. The victim or victim's family shall not be compelled to testify or
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provide any discovery to the offender.
(6) The county or district attorney shall have access to all applicable
records, including records that are otherwise confidential or privileged.
(e) (1) The court may require a drug offender who is petitioning for
relief under this section to undergo a risk assessment.
(2) Any risk assessment ordered under this subsection shall be
performed by a professional agreed upon by the parties or a professional
approved by the court. Such risk assessment shall be performed at the
offender's expense.
(f) The court shall order relief from registration requirements if the
offender shows by clear and convincing evidence that:
(1) The offender has not been convicted or adjudicated of a felony,
other than a felony violation or aggravated felony violation of K.S.A. 22-
4903, and amendments thereto, within the five years immediately
preceding the filing of the petition, and no proceedings involving any such
felony are presently pending or being instituted against the offender;
(2) the offender's circumstances, behavior and treatment history
demonstrate that the offender is sufficiently rehabilitated to warrant relief;
and
(3) registration of the offender is no longer necessary to promote
public safety.
(g) If the court denies an offender's petition for relief, the offender
shall not file another petition for relief until three years have elapsed,
unless a shorter time period is ordered by the court.
(h) If the court grants relief from registration requirements, the court
shall order that the offender be removed from the offender registry and that
the offender is no longer required to comply with registration
requirements. Within 14 days of any order, the court shall notify the
Kansas bureau of investigation and any local law enforcement agency that
registers the offender that the offender has been granted relief from
registration requirements. The Kansas bureau of investigation shall remove
such offender from any internet website maintained pursuant to K.S.A. 22-
4909, and amendments thereto.
(i) An offender may combine a petition for relief under this section
with a petition for expungement under K.S.A. 21-6614, and amendments
thereto, if the offense requiring registration is otherwise eligible for
expungement.
Sec. 2. K.S.A. 22-4908 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.
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