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As Amended by House Committee
Session of 2025
HOUSE BILL No. 2404
By Committee on Taxation
Requested by Representative Estes
3-6
AN ACT concerning the Kansas offender registration act; making it
unlawful for certain adult sex offenders to enter onto certain school
property or attend certain school activities and creating criminal
penalties for violation thereof; prohibiting certain adult sex offenders
from residing within 1,000 feet of any school property; authorizing
certain offenders to petition for relief from registration
requirements; amending K.S.A. 22-4901 and , 22-4902 and 22-4908
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) Except as provided in paragraphs (2), (3)
and (4), it shall be unlawful for any sex offender who is 18 years of age or
older and whose underlying crime for which the offender is required to
register under the Kansas offender registration act was a crime against a
victim who was less than 18 16 years of age to enter onto school property
or attend a school activity.
(2) The provisions of this subsection shall not apply to a person
who enters onto school property for the sole purpose of:
(A) Voting in an election when such school property is being used
as a polling place and the person leaves such school property
immediately after voting; or
(B) attending a religious service when such school property is
being used for a religious service and the person leaves such school
property immediately after such religious service.
(3) The provisions of this subsection shall not apply to a person
who enters onto school property for instruction or attendance when
the person is a student enrolled at a school in the unified school
district that is using such property or at an accredited nonpublic
school that is using such property. Such school district or school may
take actions as necessary to protect the safety of students and school
employees.
(4) The provisions of this subsection shall not apply if such
offender is a parent or guardian of an enrolled student and complies
with any procedures established by the local school board to monitor
the whereabouts of the offender for the duration of such offender's
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presence on the school property or attendance at the school activity. A
local school board may create such procedures and, if created, shall
publish such procedures on the board's public website and include a
method to notify parents of any plan approved for such an offender to
be present on school property or attend a school activity at least 14
days prior to such presence or attendance.
(b) Violation of this section is:
(1) Upon a first conviction, a severity level 6 8, person felony;
(2) upon a second conviction, a severity level 5, person felony; and
(3) upon a third or subsequent conviction, a severity level 3, person
felony.
(c) This section shall be a part of and supplemental to the Kansas
offender registration act.
New Sec. 2. (a) Except as provided in subsection (b), a sex
offender who is 18 years of age or older and required to register for
such offender's lifetime and whose underlying crime for which the
offender is required to register under the Kansas offender registration
act was a crime against a victim who was less than 18 years of age
shall not reside within 1,000 feet of any school property.
(b) A sex offender described in subsection (a) may reside within
1,000 feet of a school property if such offender:
(1) Resides in a residence prior to July 1, 2025, that is within
1,000 feet of a school property. Such offender shall, prior to July 31,
2025, notify the registering law enforcement agency of the county or
location of jurisdiction where such school property is located that such
offender resides within 1,000 feet of such school property and provide
verifiable proof to such agency that such offender resided in such
residence prior to July 1, 2025; or
(2) resides in a residence that was not within 1,000 feet of a school
property but school property has been subsequently built or acquired
within 1,000 feet of such residence. Not later than 7 days after such
school property begins being used for instruction of students, such
offender shall notify the registering law enforcement agency of the
county or location of jurisdiction where such school property is
located that such offender resides within 1,000 feet of such school
property and provide verifiable proof to such agency that such
offender resided in such residence prior to such school property being
used for instruction of students.
(c) For the purposes of this section, 1,000 feet shall be measured
from the edge of the structure in which the offender resides, including
an attached garage, that is nearest to the school property to the edge
of the school property that is nearest to such structure.
(d) As used in this section, "school property" means property
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upon which is located a structure used by a unified school district or
an accredited nonpublic school for instruction for students enrolled in
kindergarten or any of the grades one through 12.
(e) This section shall be a part of and supplemental to the Kansas
offender registration act.
Sec. 2 3. K.S.A. 22-4901 is hereby amended to read as follows: 22-
4901. K.S.A. 22-4901 through 22-4911 and 22-4913 Article 49 of chapter
22 of the Kansas Statutes Annotated , and amendments thereto, shall be
known and may be cited as the Kansas offender registration act.
Sec. 3 4. K.S.A. 22-4902 is hereby amended to read as follows: 22-
4902. As used in the Kansas offender registration act, unless the context
otherwise requires:
(a) "Offender" means:
(1) A sex offender;
(2) a violent offender;
(3) a drug offender;
(4) any person who has been required to register under out-of-state
law or is otherwise required to be registered; and
(5) any person required by court order to register for an offense not
otherwise required as provided in the Kansas offender registration act.
(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. 21-3507, prior to its repeal, or
K.S.A. 21-5511, and amendments thereto;
(B) criminal sodomy, as defined in K.S.A. 21-3505(a)(1), prior to its
repeal, or K.S.A. 21-5504(a)(1) or (a)(2), and amendments thereto;
(C) promoting prostitution, as defined in K.S.A. 21-3513, prior to its
repeal, or K.S.A. 21-6420, prior to its amendment by section 17 of chapter
120 of the 2013 Session Laws of Kansas on July 1, 2013;
(D) patronizing a prostitute, as defined in K.S.A. 21-3515, prior to its
repeal, or K.S.A. 21-6421, prior to its amendment by section 18 of chapter
120 of the 2013 Session Laws of Kansas on July 1, 2013; or
(E) lewd and lascivious behavior, as defined in K.S.A. 21-3508, prior
to its repeal, or K.S.A. 21-5513, and amendments thereto;
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(5) is convicted of sexual battery, as defined in K.S.A. 21-3517, prior
to its repeal, or K.S.A. 21-5505(a), and amendments thereto;
(6) is convicted of sexual extortion, as defined in K.S.A. 21-5515,
and amendments thereto;
(7) is convicted of breach of privacy, 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. 21-3301, 21-3302 or 21-3303, prior to their repeal, or
K.S.A. 21-5301, 21-5302, 21-5303, and amendments thereto, of an offense
defined in this subsection; or
(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.
(c) "Sexually violent crime" means:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior
to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A.
21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
thereto;
(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510,
prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A.
21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments
thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
to its repeal, or K.S.A. 21-5510, and amendments thereto;
(9) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(10) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(11) electronic solicitation, as defined in K.S.A. 21-3523, prior to its
repeal, and K.S.A. 21-5509, and amendments thereto;
(12) unlawful sexual relations, as defined in K.S.A. 21-3520, prior to
its repeal, or K.S.A. 21-5512, and amendments thereto;
(13) aggravated human trafficking, as defined in K.S.A. 21-3447,
prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
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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.
21-6422, and amendments thereto;
(15) promoting the sale of sexual relations, as defined in K.S.A. 21-
6420, and amendments thereto;
(16) internet trading in child pornography or aggravated internet
trading in child pornography, as defined in K.S.A. 21-5514, and
amendments thereto;
(17) 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;
(18) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302, 21-5303, and amendments thereto, of a sexually violent
crime, as defined in this subsection; or
(19) any act that has been determined beyond a reasonable doubt to
have been sexually motivated, 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. 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.
(d) "Sexually violent predator" means any person who, on or after
July 1, 2001, is found to be a sexually violent predator pursuant to K.S.A.
59-29a01 et seq., and amendments thereto.
(e) "Violent offender" includes any person who:
(1) On or after July 1, 1997, is convicted of any of the following
crimes:
(A) Capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
or K.S.A. 21-5401, and amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 21-3401, prior to
its repeal, or K.S.A. 21-5402, and amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-3402, prior
to its repeal, or K.S.A. 21-5403, and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to its
repeal, or K.S.A. 21-5404, and amendments thereto;
(E) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to
its repeal, or K.S.A. 21-5405(a)(1), (a)(2) or (a)(4), and amendments
thereto. The provisions of this paragraph shall not apply to violations of
K.S.A. 21-5405(a)(3), and amendments thereto, that occurred on or after
July 1, 2011, through July 1, 2013;
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(F) kidnapping, as defined in K.S.A. 21-3420, prior to its repeal, or
K.S.A. 21-5408(a), and amendments thereto;
(G) aggravated kidnapping, as defined in K.S.A. 21-3421, prior to its
repeal, or K.S.A. 21-5408(b), and amendments thereto;
(H) criminal restraint, as defined in K.S.A. 21-3424, prior to its
repeal, or K.S.A. 21-5411, and amendments thereto, except by a parent,
and only when the victim is less than 18 years of age; or
(I) aggravated human trafficking, as defined in K.S.A. 21-3447, prior
to its repeal, or 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
(4) is convicted of an attempt, conspiracy or criminal solicitation, as
defined in K.S.A. 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.
(f) "Drug offender" includes any person who, on or after July 1, 2007:
(1) Is convicted of any of the following crimes:
(A) Unlawful manufacture or attempting such of any controlled
substance or controlled substance analog, as defined in K.S.A. 65-4159,
prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or
K.S.A. 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. 65-7006(a), prior to its repeal, K.S.A. 2010
Supp. 21-36a09(a), prior to its transfer, or K.S.A. 21-5709(a), and
amendments thereto;
(C) K.S.A. 65-4161, prior to its repeal, K.S.A. 2010 Supp. 21-
36a05(a)(1), prior to its transfer, or K.S.A. 21-5705(a)(1), and
amendments thereto. The provisions of this paragraph shall not apply to
violations of K.S.A. 2010 Supp. 21-36a05(a)(2) through (a)(6) or (b) that
occurred on or after July 1, 2009, through April 15, 2010;
(2) 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;
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or
(3) is or has been convicted of an attempt, conspiracy or criminal
solicitation, as defined in K.S.A. 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.
(g) Convictions or adjudications that result from or are connected
with the same act, or result from crimes committed at the same time, shall
be counted for the purpose of this section as one conviction or
adjudication. Any conviction or adjudication set aside pursuant to law is
not a conviction or adjudication for purposes of this section. A conviction
or adjudication from any out-of-state court shall constitute a conviction or
adjudication for purposes of this section.
(h) "School" means any public or private educational institution,
including, but not limited to, postsecondary school, college, university,
community college, secondary school, high school, junior high school,
middle school, elementary school, trade school, vocational school or
professional school providing training or education to an offender for three
or more consecutive days or parts of days, or for 10 or more
nonconsecutive days in a period of 30 consecutive days.
(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.
(j) "Reside" means to stay, sleep or maintain with regularity or
temporarily one's person and property in a particular place other than a
location where the offender is incarcerated. It shall be presumed that an
offender resides at any and all locations where the offender stays, sleeps or
maintains the offender's person for three or more consecutive days or parts
of days, or for ten or more nonconsecutive days in a period of 30
consecutive days.
(k) "Residence" means a particular and definable place where an
individual resides. 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.
(l) "Transient" means having no fixed or identifiable residence.
(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
offender's discharge, parole or release.
(n) "Registering law enforcement agency" means the sheriff's office
or tribal police department responsible for registering an offender.
(o) "Registering entity" means any person, agency or other
governmental unit, correctional facility or registering law enforcement
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agency responsible for obtaining the required information from, and
explaining the required registration procedures to, any person required to
register pursuant to the Kansas offender registration act. "Registering
entity" includes, but is not limited to, sheriff's offices, tribal police
departments and correctional facilities.
(p) "Treatment facility" means any public or private facility or
institution providing inpatient mental health, drug or alcohol treatment or
counseling, but does not include a hospital, as defined in K.S.A. 65-425,
and amendments thereto.
(q) "Correctional facility" means any public or private correctional
facility, juvenile detention facility, prison or jail.
(r) "Out-of-state" means: the District of Columbia; any federal,
military or tribal jurisdiction, including those within this state; any foreign
jurisdiction; or any state or territory within the United States, other than
this state.
(s) "Duration of registration" means the length of time during which
an offender is required to register for a specified offense or violation.
(t) "School activity" means an activity sponsored by a unified school
district or an accredited nonpublic school at which students in
kindergarten or any of the grades one through 12 or children under the
age of eligibility to attend kindergarten who attend a preschool program
are the primary intended participants or the primary intended audience,
including, but not limited to, school instructional time, after school care,
after school tutoring, athletic events, school dances and social events,
field trips, school plays or assemblies.
(u) "School property" means property upon which is located a
structure used by a unified school district or an accredited nonpublic
school for instruction, attendance or extracurricular activities for students
enrolled in kindergarten or any of the grades one through 12 or for
children under the age of eligibility to attend kindergarten who attend a
preschool program.
(v) (1) Notwithstanding any other provision of this section,
"offender" shall not include any person who is:
(A) Convicted of unlawful transmission of a visual depiction of a
child, as defined in K.S.A. 21-5611(a), and amendments thereto,
aggravated unlawful transmission of a visual depiction of a child, as
defined in K.S.A. 21-5611(b), and amendments thereto, or unlawful
possession of a visual depiction of a child, as defined in K.S.A. 21-5610,
and amendments thereto;
(B) adjudicated as a juvenile offender for an act which, if committed
by an adult, would constitute the commission of a crime defined in
subsection (t)(1)(A) (v)(1)(A);
(C) adjudicated as a juvenile offender for an act which, if committed
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by an adult, would constitute the commission of sexual extortion as
defined in K.S.A. 21-5515, and amendments thereto; or
(D) adjudicated as a juvenile offender for an act which, if committed
by an adult, would constitute a violation of K.S.A. 21-6101(a)(6), (a)(7) or
(a)(8), and amendments thereto.
(2) Notwithstanding any other provision of law, a court shall not
order any person to register under the Kansas offender registration act for
the offenses described in subsection (t)(1) (v)(1).
Sec. 5. 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 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
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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 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
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HB 2404—Am. by HC 11
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. 4. 6. K.S.A. 22-4901 and , 22-4902 and 22-4908 are hereby
repealed.
Sec. 5. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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