Chapter 22: Criminal Procedure

KANSAS CODE OF CRIMINAL PROCEDURE

Article 47: Criminal History Record Information

Statute 22-4705: Reportable events; establishment of criminal justice information system central repository; reports; method of reporting. (a) The following events are reportable events under this act:

      (1)   Issuance of an arrest warrant;

      (2)   an arrest;

      (3)   release of a person after arrest without the filing of a charge;

      (4)   dismissal or quashing of an indictment or criminal information;

      (5)   an acquittal, conviction or other disposition at or following trial, including a finding of probation before judgment;

      (6)   imposition of a sentence;

      (7)   commitment to a correctional facility, whether state or locally operated;

      (8)   release from detention or confinement;

      (9)   an escape from confinement;

      (10)   a pardon, reprieve, commutation of sentence or other change in a sentence, including a change ordered by a court;

      (11)   judgment of an appellate court that modifies or reverses the lower court decision;

      (12)   order of a court in a collateral proceeding that affects a person's conviction, sentence or confinement, including any expungement or annulment of arrests or convictions pursuant to state statute; and

      (13)   any other event arising out of or occurring during the course of criminal justice proceedings declared to be reportable by rule or regulation of the director.

      (b)   There is hereby established a criminal justice information system central repository for the collection, storage, and dissemination of criminal history record information. The central repository shall be operated by the Kansas bureau of investigation under the administrative control of the director.

      (c)   Except as otherwise provided by this subsection, every criminal justice agency shall report criminal history record information, whether collected manually or by means of an automated system, to the central repository, in accordance with rules and regulations adopted pursuant to this act. A criminal justice agency shall report to the central repository those reportable events involving a violation of a county resolution or city ordinance only when required by rules and regulations adopted by the director.

      (d)   Reporting methods may include:

      (1)   Submittal of criminal history record information by a criminal justice agency directly to the central repository;

      (2)   if the information can readily be collected and reported through the court system, submittal to the central repository by the administrative office of the courts; or

      (3)   if the information can readily be collected and reported through criminal justice agencies that are part of a geographically based information system, submittal to the central repository by the agencies.

      (e)   Nothing in this section shall prevent a criminal justice agency from maintaining more detailed information than is required to be reported to the central repository. However, the dissemination of that criminal history record information is governed by the provisions of this act.

      (f)   The director may determine, by rule and regulation, the reportable events to be reported by each criminal justice agency, in order to avoid duplication in reporting.

      History:   L. 1978, ch. 118, § 5; L. 1982, ch. 151, § 1; July 1.