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Session of 2025
SENATE BILL No. 206
By Committee on Judiciary
2-5
AN ACT concerning the Kansas offender registration act; requiring any
person convicted of distribution of a controlled substance causing great
bodily harm or death to register under the Kansas offender registration
act; amending K.S.A. 22-4902 and 22-4906 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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;
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(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;
(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
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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
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;
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(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;
(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; or
(J) distribution of a controlled substance causing great bodily harm
or death, as defined in K.S.A. 21-5430, and amendments thereto;
(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-
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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;
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
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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
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) (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);
(C) adjudicated as a juvenile offender for an act which, if committed
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
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the offenses described in subsection (t)(1).
Sec. 2. K.S.A. 22-4906 is hereby amended to read as follows: 22-
4906. (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:
(A) Sexual battery, as defined in K.S.A. 21-3517, prior to its repeal,
or K.S.A. 21-5505(a), and amendments thereto;
(B) adultery, as defined in K.S.A. 21-3507, prior to its repeal, or
K.S.A. 21-5511, and amendments thereto, when one of the parties
involved is less than 18 years of age;
(C) promoting the sale of sexual relations, as defined in K.S.A. 21-
6420, and amendments thereto;
(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, when one of the
parties involved is less than 18 years of age;
(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, when one of the
parties involved is less than 18 years of age;
(F) capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
or K.S.A. 21-5401, and amendments thereto;
(G) 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;
(H) 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;
(I) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to its
repeal, or K.S.A. 21-5404, and amendments thereto;
(J) 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;
(K) 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;
(L) sexual extortion, as defined in K.S.A. 21-5515, and amendments
thereto, when one of the parties involved is less than 18 years of age;
(M) breach of privacy, as defined in K.S.A. 21-6101(a)(6), (a)(7) or
(a)(8), and amendments thereto;
(N) 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
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victim;
(O) conviction of any person required by court order to register for an
offense not otherwise required as provided in the Kansas offender
registration act;
(P) conviction 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;
(Q) 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;
(R) 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 by 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;
(S) 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;
(T) distribution of a controlled substance causing great bodily harm
or death, as defined in K.S.A. 21-5430, and amendments thereto; or
(T)(U) any 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.
(2) Except as otherwise provided by the Kansas offender registration
act, the duration of registration terminates, if not confined, at the
expiration of 15 years from the date of conviction. Any period of time
during which any offender is incarcerated in any jail or correctional
facility or during which the offender does not comply with any and all
requirements of the Kansas offender registration act shall not count toward
the duration of registration.
(b) (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, 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. 21-3505(a)(1), prior to its
repeal, or K.S.A. 21-5504(a)(1) or (a)(2), and amendments thereto, when
one of the parties involved is less than 18 years of age;
(B) indecent solicitation of a child, as defined in K.S.A. 21-3510,
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prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(C) electronic solicitation, as defined in K.S.A. 21-3523, prior to its
repeal, or K.S.A. 21-5509, and amendments thereto;
(D) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(E) 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;
(F) unlawful sexual relations, as defined in K.S.A. 21-3520, prior to
its repeal, or K.S.A. 21-5512, and amendments thereto;
(G) 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, if the victim is
14 or more years of age but less than 18 years of age;
(H) 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;
(I) internet trading in child pornography, as defined in K.S.A. 21-
5514, and amendments thereto;
(J) aggravated internet trading in child pornography, as defined in
K.S.A. 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. 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, if the person
selling sexual relations is 14 or more years of age but less than 18 years of
age; or
(L) any 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.
(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. Any period of time
during which any offender is incarcerated in any jail or correctional
facility or during which the offender does not comply with any and all
requirements of the Kansas offender registration act shall not count toward
the duration of registration.
(c) Upon a second or subsequent conviction of an offense requiring
registration, an offender's duration of registration shall be for such
offender's lifetime.
(d) The duration of registration for any offender who has been
convicted of any of the following offenses shall be for such offender's
lifetime:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
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(2) 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;
(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) 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;
(7) 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, if the victim is
less than 14 years of age;
(8) 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, if the person
selling sexual relations is less than 14 years of age;
(9) kidnapping, as defined in K.S.A. 21-3420, prior to its repeal, or
K.S.A. 21-5408(a), and amendments thereto;
(10) aggravated kidnapping, as defined in K.S.A. 21-3421, prior to its
repeal, or K.S.A. 21-5408(b), and amendments thereto;
(11) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514, and amendments thereto, if the victim is less than 14
years of age;
(12) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto; or
(13) any 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.
(e) Any person who has been declared a sexually violent predator
pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shall
register for such person's lifetime.
(f) Notwithstanding any other provisions of this section, for an
offender less than 14 years of age 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. 22-4902(c), and amendments thereto, the
court shall:
(1) Require registration until such offender reaches 18 years of age, at
the expiration of five years from the date of adjudication or, if confined,
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from release from confinement, whichever date occurs later. Any period of
time during which the offender is incarcerated in any jail, juvenile facility
or correctional facility or during which the offender does not comply with
any and all requirements of the Kansas offender registration act shall not
count toward the duration of registration;
(2) not require registration if the court, on the record, finds substantial
and compelling reasons therefor; or
(3) require registration, but such registration information shall not be
open to inspection by the public or posted on any internet website, as
provided in K.S.A. 22-4909, and amendments thereto. If the court requires
registration but such registration is not open to the public, such offender
shall provide a copy of such court order to the registering law enforcement
agency at the time of registration. The registering law enforcement agency
shall forward a copy of such court order to the Kansas bureau of
investigation.
If such offender violates a condition of release during the term of the
conditional release, the court may require such offender to register
pursuant to paragraph (1).
(g) Notwithstanding any other provisions of this section, for 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. 22-4902(c), and amendments thereto, and
such crime is not an off-grid felony or a felony ranked in severity level 1
of the nondrug grid as provided in K.S.A. 21-4704, prior to its repeal, or
K.S.A. 21-6804, and amendments thereto, the court shall:
(1) Require registration until such offender reaches 18 years of age, at
the expiration of five years from the date of adjudication or, if confined,
from release from confinement, whichever date occurs later. Any period of
time during which the offender is incarcerated in any jail, juvenile facility
or correctional facility or during which the offender does not comply with
any and all requirements of the Kansas offender registration act shall not
count toward the duration of registration;
(2) not require registration if the court, on the record, finds substantial
and compelling reasons therefor; or
(3) require registration, but such registration information shall not be
open to inspection by the public or posted on any internet website, as
provided in K.S.A. 22-4909, and amendments thereto. If the court requires
registration but such registration is not open to the public, such offender
shall provide a copy of such court order to the registering law enforcement
agency at the time of registration. The registering law enforcement agency
shall forward a copy of such court order to the Kansas bureau of
investigation.
If such offender violates a condition of release during the term of the
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conditional release, the court may require such offender to register
pursuant to paragraph (1).
(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. 22-4902(c), and amendments thereto, and such
crime is an off-grid felony or a felony ranked in severity level 1 of the
nondrug grid as provided in K.S.A. 21-4704, prior to its repeal, or K.S.A.
21-6804, and amendments thereto, shall be required to register for such
offender's lifetime.
(i) Notwithstanding any other provision of law, if a diversionary
agreement or probation order, either adult or juvenile, or a juvenile
offender sentencing order, requires registration under the Kansas offender
registration act for an offense that would not otherwise require registration
as provided in K.S.A. 22-4902(a)(5), and amendments thereto, then all
provisions of the Kansas offender registration act shall apply, except that
the duration of registration shall be controlled by such diversionary
agreement, probation order or juvenile offender sentencing order.
(j) The duration of registration does not terminate if the convicted or
adjudicated offender again becomes liable to register as provided by the
Kansas offender registration act during the required period of registration.
(k) For any person moving to Kansas who has been convicted or
adjudicated in an out-of-state court, or who was required to register under
an out-of-state law, the duration of registration shall be the length of time
required by the out-of-state jurisdiction or by the Kansas offender
registration act, whichever length of time is longer. The provisions of this
subsection shall apply to convictions or adjudications prior to June 1,
2006, and to persons who moved to Kansas prior to June l, 2006, and to
convictions or adjudications on or after June 1, 2006, and to persons who
moved to Kansas on or after June l, 2006.
(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.
Sec. 3. K.S.A. 22-4902 and 22-4906 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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