History: L. 1879, ch. 166, § 70; R.S. 1923, 75-701; L. 1967, ch. 434, § 49; July 1.
History: L. 1879, ch. 166, § 71; R.S. 1923, 75-702; L. 1975, ch. 431, § 1; L. 2005, ch. 110, § 9; July 1.
History: L. 2007, ch. 111, § 3; July 1.
History: L. 1879, ch. 166, § 72; R.S. 1923, 75-703; L. 1968, ch. 14, § 1; L. 1974, ch. 364, § 14; Jan. 13, 1975.
History: L. 1879, ch. 166, § 73; R.S. 1923, 75-704; L. 1968, ch. 14, § 2; L. 1974, ch. 364, § 15; Jan. 13, 1975.
The librarian shall then cause each copy of such opinions to be properly stamped with the words "Kansas state library" and placed in the reference and readers' services division of the state library.
In like manner, one (1) copy of each such opinion rendered after the effective date of this act shall be filed in the supreme court law library and the law libraries of the university of Kansas school of law and Washburn university law school in the custody of the law librarian within thirty (30) days after such opinions are rendered.
All opinions required to be filed under the provisions of this section, and amendments thereto, shall be given legal headings by the attorney general following the heading and chapter arrangement of the Kansas Statutes Annotated, except that in the event the Kansas Statutes Annotated do not have legal headings for areas of the law for any particular opinion, such title shall be assigned correct legal headings so as to follow the major legal subdivisions utilized in the recognized legal encyclopedias. A brief synopsis of each opinion shall be written by the attorney general to follow each title and each opinion shall be assigned a number for reference and indexing.
History: L. 1973, ch. 344, § 1; L. 1974, ch. 135, § 14; L. 1976, ch. 372, § 2; L. 2005, ch. 149, § 1; July 1.
History: L. 1879, ch. 166, § 74; R.S. 1923, 75-705; L. 1968, ch. 14, § 3; L. 1974, ch. 364, § 16; Jan. 13, 1975.
History: L. 1968, ch. 14, § 4; July 1, 1969.
History: L. 1879, ch. 166, § 75; R.S. 1923, 75-706; L. 2001, ch. 5, § 361; July 1.
History: L. 1879, ch. 166, § 76; March 20; R.S. 1923, 75-707.
History: L. 1879, ch. 166, § 77; March 20; R.S. 1923, 75-708.
History: R.S. 1923, 75-709; Dec. 27.
History: R.S. 1923, 75-710; L. 2005, ch. 149, § 2; July 1.
The director, associate director, deputy director, assistant directors and any assistant attorneys general assigned to the bureau shall be within the unclassified service under the Kansas civil service act. All other agents and employees of the bureau shall be in the classified service under the Kansas civil service act and their compensation shall be determined as provided in the Kansas civil service act and shall receive actual and necessary expenses.
Any person who was a member of the bureau at the time of appointment as director, associate director or assistant director, upon the expiration of their appointment, shall be returned to an unclassified or regular classified position under the Kansas civil service act with compensation comparable to and not lower than compensation being received at the time of appointment to the unclassified service. If all such possible positions are filled at that time, a temporary additional position shall be created for the person until a vacancy exists in the position. While serving in the temporary additional position, the person shall continue to be a contributing member of the retirement system for the agents of the Kansas bureau of investigation.
Each agent of the bureau shall subscribe to an oath to faithfully discharge the duties of such agent's office, as is required of other public officials.
History: L. 1939, ch. 310, § 1; L. 1943, ch. 276, § 2; L. 1945, ch. 318, § 1; L. 1947, ch. 413, § 1; L. 1949, ch. 423, § 7; L. 1955, ch. 362, § 1; L. 1961, ch. 405, § 1; L. 1963, ch. 418, § 1; L. 1965, ch. 460, § 1; L. 1968, ch. 331, § 1; L. 1971, ch. 267, § 1; L. 1973, ch. 335, § 1; L. 1974, ch. 373, § 1; L. 1975, ch. 401, § 2; L. 1978, ch. 332, § 33; L. 1981, ch. 325, § 1; L. 1982, ch. 347, § 49; L. 1987, ch. 331, § 4; L. 1995, ch. 213, § 1; L. 2001, ch. 66, § 1; July 1.
(b) The bureau shall acquire, collect, classify and preserve criminal identification and other crime records, and may exchange such criminal identification records with the duly authorized officials of governmental agencies, of states, cities and penal institutions.
(c) For purposes of carrying out the powers and duties of the bureau, the director may request and accept grants or donations from any person, firm, association or corporation or from the federal government or any federal agency and may enter into contracts or other transactions with any federal agency in connection therewith.
(d) The bureau, at the direction of the governor, shall conduct background investigations of gubernatorial appointees who are subject to confirmation by the senate of the state of Kansas and all judicial appointments. The bureau shall require the appointee to be fingerprinted. The fingerprints shall be submitted to the bureau and to the federal bureau of investigation for the identification of the appointee and to obtain criminal history record information, including arrest and nonconviction data. Background reports may include criminal intelligence information and information relating to criminal and background investigations. Information received pursuant to this subsection shall be confidential and shall not be disclosed except to the governor or members of the governor's staff as necessary to determine the appointee's qualifications.
(e) Reports of all investigations made by the members of the bureau shall be made to the attorney general of Kansas.
History: L. 1939, ch. 310, § 2; L. 1997, ch. 60, § 1; L. 1999, ch. 104, § 1; July 1.
History: L. 1982, ch. 324, § 2; Repealed, L. 1994, ch. 315, § 2; May 19.
(b) All law enforcement agencies and coroners in this state shall report to the missing and unidentified person system established pursuant to this section all information received relating to missing persons or unidentified persons or human remains. Such reports shall be made in accordance with rules and regulations adopted pursuant to this section.
(c) The information in the missing and unidentified person system established pursuant to this section shall be available to all law enforcement officers and coroners in this state and all governmental entities in this state which have a need for information relating to missing persons or unidentified persons or human remains in this state, in accordance with rules and regulations adopted pursuant to this section.
(d) The director of the Kansas bureau of investigation may apply for, accept and expend grants, gifts and bequests from any source for the purpose of carrying out the provisions of this section.
(e) The director of the Kansas bureau of investigation shall adopt rules and regulations prescribing:
(1) Procedures and forms for reports made to the missing and unidentified person system established pursuant to this section; and
(2) procedures for disseminating information maintained in the missing person system to law enforcement agencies and the federal bureau of investigation as authorized by this section.
(f) Any law enforcement agency or coroner that willfully fails to make any report required by this section shall be liable to the state for the payment of a civil penalty, recoverable in an action brought by the attorney general, in an amount not exceeding $500 for each report not made. Any civil penalty recovered under this subsection shall be paid into the state general fund.
History: L. 1984, ch. 115, § 3; L. 1987, ch. 331, § 2; L. 2006, ch. 37, § 1; July 1.
(b) The reporting party shall be advised to immediately notify the law enforcement agency in the event the missing person returns or is located. Except as provided further, the law enforcement agency shall immediately notify the reporting party if the missing person is located or contacted. The law enforcement agency investigating the report shall not give information to the reporting party if the law enforcement agency has reason to believe the missing person is an adult or an emancipated minor and is staying at or has made contact with a domestic violence or sexual assault program and does not expressly consent to the release of this information. Upon location of or contact by the missing person, the law enforcement agency shall clear the case in the national crime information center and Kansas bureau of investigation databases.
History: L. 1986, ch. 155, § 1; L. 1987, ch. 331, § 3; L. 2006, ch. 37, § 2; July 1.
(b) The missing and unidentified persons information clearinghouse shall:
(1) Collect, process, maintain and disseminate statistics and other information relating to missing and unidentified persons in this state;
(2) develop and maintain a system of communication, cooperation and coordination among organizations and agencies within this state which deal with missing persons or unidentified persons or human remains;
(3) cooperate and coordinate with organizations and agencies in other states and agencies of the federal government in efforts to locate missing persons and identify unidentified persons or human remains;
(4) establish such educational services and information as appropriate to aid organizations, agencies and persons dealing with missing persons;
(5) maintain a listing of agencies, individuals and materials pertaining to missing persons activities and programs;
(6) assist in the training of law enforcement and other professionals on issues relating to missing persons and unidentified persons or human remains; and
(7) perform any other services appropriate to aid in the location of missing persons and identification of unidentified persons or human remains.
(c) The director of the Kansas bureau of investigation may apply for, accept and expend grants, gifts and bequests from any source for the purpose of carrying out the provisions of this section.
(d) The director of the Kansas bureau of investigation shall adopt such rules and regulations as necessary to implement the provisions of this section.
History: L. 1987, ch. 331, § 1; L. 2006, ch. 37, § 5; July 1.
History: L. 1991, ch. 261, § 2; July 1.
(b) A person or entity required to notify a law enforcement agency pursuant to this section shall notify the law enforcement agency not later than 24 hours after the missing person returns or is located.
History: L. 2006, ch. 37, § 3; July 1.
(b) Notwithstanding any other action deemed appropriate for the handling of unidentified human remains, the coroner, in conjunction with the law enforcement agencies involved, shall make reasonable attempts to promptly identify such remains. Such attempts may include, but are not limited to, obtaining: Photographs of the human remains, prior to an autopsy; dental or skeletal x-rays; photographs of items found with the human remains; fingerprints from the remains, if possible; samples of tissue suitable for DNA typing, if possible; samples of whole bone or hair, or both, suitable for DNA typing; and any other information that may support identification efforts.
(c) The coroner shall submit any photos, dental x-rays, skeletal x-rays, fingerprints and other evidence relevant to identification to the reporting law enforcement agency within one week of obtaining them, if identification efforts have otherwise failed.
(d) If unidentified human remains have not been identified by other means within 30 days, the law enforcement agency shall make reasonable efforts to obtain prompt DNA analysis of biological samples by submitting the DNA biological samples to the Kansas bureau of investigation laboratory for analysis.
(e) No coroner or other person shall dispose of, or engage in actions that will materially affect, unidentified human remains before the coroner obtains samples suitable for DNA identification and archiving, photographs of the unidentified person or human remains and all other appropriate steps for identification have been exhausted.
(f) Cremation of unidentified human remains is prohibited.
History: L. 2006, ch. 37, § 4; July 1.
History: L. 1968, ch. 33, § 1; Repealed, L. 2000, ch. 136, § 28; July 1.
History: L. 1969, ch. 285, § 1; July 1.
History: L. 1970, ch. 348, § 1; L. 1976, ch. 372, § 3; L. 2000, ch. 136, § 26; L. 2001, ch. 5, § 362; July 1.
History: L. 1970, ch. 348, § 2; L. 1976, ch. 372, § 4; L. 1977, ch. 290, § 8; L. 1991, ch. 256, § 1; L. 2000, ch. 136, § 27; July 1.
History: L. 1976, ch. 372, § 6; May 8.
The special assistant attorney general appointed under the provisions of this section may commence any civil action in the name of the state, which such special assistant attorney general deems warranted as a result of the inquiry and investigation undertaken pursuant to this section. Such special assistant attorney general shall have all the powers and duties prescribed by law for assistant attorneys general and such other powers and duties as are lawfully delegated to him or her by the attorney general. Such special assistant attorney general shall not be prohibited from engaging in the practice of law but shall devote such time to the inquiry and investigation undertaken pursuant to this section as may be necessary. No contract entered into under authority of this section shall require approval under any other act or statute.
History: L. 1978, ch. 331, § 1; April 8.
(b) As used in this section:
(1) "Beneficiary under an order of restitution" means the victim or victims of a crime to whom a district court has ordered restitution be paid;
(2) "contracting agent" means a person, firm, agency or other entity who contracts hereunder to provide collection services;
(3) "cost of collection" means the fee specified in contracts hereunder to be paid to or retained by a contracting agent for collection services. Cost of collection also includes any filing fee required under K.S.A. 60-4303 and amendments thereto or administrative costs prescribed by the attorney general pursuant to rules and regulations; and
(4) "debts owed to courts" means any assessment of court costs, fines, fees, moneys expended by the state in providing counsel and other defense services to indigent defendants or other charges which a district court judgment has ordered to be paid to the court, and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amounts as provided for in the judgment or by law. Debts owed to courts also includes the cost of collection when collection services of a contracting agent hereunder are utilized.
(c) (1) Contracts authorized by this section may be entered into with state or federal agencies or political subdivisions of the state of Kansas, including contracts for participation in the collection program authorized by K.S.A. 75-6201 et seq. and amendments thereto. Such contracts also may be entered into with private firms or individuals selected by a procurement negotiation committee in accordance with K.S.A. 75-37,102 and amendments thereto, except that the attorney general shall designate a representative to serve as the chief administrative officer member of such committee and that the other two members of such committee shall be designated by the director of purchases and the judicial administrator.
(2) Prior to negotiating any contract for collection services, this procurement negotiation committee shall advertise for proposals, negotiate with firms and individuals submitting proposals and select among those submitting such proposals the party or parties to contract with for the purpose of collection services.
(3) The attorney general may adopt rules and regulations as deemed appropriate for the administration of this section, including procedures to be used in the negotiation and execution of contracts pursuant to this section and procedures to be followed by those who utilize collection services under such contracts.
(4) For purposes of this section, the agencies, firms or individuals with whom contracts are entered under this section shall be known as contracting agents. The attorney general shall publish a list of the contracting agents for use by courts or beneficiaries under orders of restitution who desire to utilize the collection services of such agents.
(5) Each contract entered pursuant to this section shall provide for a fee to be paid to or retained by the contracting agent for collection services. Such fee shall be designated as the cost of collection hereunder, and shall not exceed 33% of the amount collected. The cost of collection shall be paid from the amount collected, but shall not be deducted from the debts owed to courts or restitution.
(d) Judicial districts of the state of Kansas are authorized to utilize the collection services of contracting agents pursuant to this section for the purpose of collecting all outstanding debts owed to courts. Subject to rules and orders of the Kansas supreme court, each judicial district may establish by local rule guidelines for the compromise of court costs, fines, attorney fees and other charges assessed in district court cases.
(e) Any beneficiary under an order of restitution entered by a court after this section takes effect is authorized to utilize the collection services of contracting agents pursuant to this section for the purpose of collecting all outstanding amounts owed under such order of restitution.
(f) Contracts entered hereunder shall provide for the payment of any amounts collected to the clerk of the district court for the court in which the debt being collected originated, after first deducting the collection fee. In accounting for amounts collected from any person pursuant to this section, the district court clerk shall credit the person's amount owed in the amount of the net proceeds collected and shall not reduce the amount owed by any person by that portion of any payment which constitutes the cost of collection pursuant to this section.
(g) With the appropriate cost of collection paid to the contracting agent as agreed upon in the contract hereunder, the clerk shall then distribute amounts collected hereunder as follows:
(1) When collection services are utilized pursuant to subsection (d), all amounts shall be applied against the debts owed to the court as specified in the original judgment creating the debt;
(2) when collection services are utilized pursuant to subsection (e), all amounts shall be paid to the beneficiary under the order of restitution designated to receive such restitution, except where that beneficiary has received recovery from the Kansas crime victims compensation board and such board has subrogation rights pursuant to K.S.A. 74-7312 and amendments thereto, in which case all amounts shall be paid to the board until its subrogation lien is satisfied.
(h) Whenever collection services are being utilized against the same debtor pursuant to both subsections (d) and (e), any amounts collected by a contracting agent shall be first applied to satisfy subsection (e) debts, debts pursuant to an order of restitution. Upon satisfaction of all such debts, amounts received from the same debtor shall then be applied to satisfy subsection (d) debts, debts owed to courts.
History: L. 1996, ch. 195, § 1; L. 1997, ch. 181, § 25; L. 1999, ch. 131, § 16; July 1.
(b) A child exchange and visitation center shall provide:
(1) A secure setting and specialized procedures for supervised visitation and the exchange or transfer of children for visitation; and
(2) supervision by a person trained in security and the avoidance of domestic and family violence.
(c) A child exchange and visitation center is for children who have been removed from such children's parents and placed outside the home as a result of abuse or neglect or other risk of harm to such children and for children whose parents are separated or divorced and the children are at risk because:
(1) There is documented sexual, physical or emotional abuse as determined by the court;
(2) there is suspected or elevated risk of sexual, physical or emotional abuse, or there have been threats of parental abduction of the child;
(3) due to domestic violence, there is an ongoing risk of harm to a parent or child;
(4) a parent is impaired because of substance abuse or mental illness;
(5) there are allegations that a child is at risk for any of the reasons stated in paragraphs (1) through (4) pending an investigation; or
(6) other circumstances, as determined by the court, point to the existence of such a risk.
(d) The attorney general may apply for, receive and accept moneys from any source for the purposes of establishing child exchange and visitation centers for victims of domestic violence.
(e) There is hereby created in the state treasury the child exchange and visitation centers fund. All moneys credited to the fund shall be used solely for the purpose of establishing and maintaining child exchange and visitation centers for victims of domestic violence. All expenditures from the child exchange and visitation center fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by the attorney general's designee.
History: L. 1996, ch. 188, § 1; July 1.
(b) The D.A.R.E. coordinator shall:
(1) Assist local law enforcement agencies and schools in creation of local D.A.R.E. programs;
(2) provide training to local law enforcement officers to teach the D.A.R.E. curriculum; and
(3) perform other services, and provide material and information as required to support the D.A.R.E. program in Kansas.
History: L. 1999, ch. 90, § 1; July 1.
(1) Consult with the other law enforcement agencies to gather information and detect trends with regard to the types of drug paraphernalia and evidence found at crime scenes. The bureau shall take into consideration such information and trends in developing the recommendations required by paragraph (2); and
(2) consult with the state board of pharmacy to develop recommendations concerning the most appropriate controls for liquid, capsule and gel capsule form of ephedrine and pseudoephedrine.
(b) Such recommendations shall be submitted on or before February 1 each year to the standing committee on judiciary in the senate and the standing committee on corrections and juvenile justice in the house of representatives.
History: L. 2005, ch. 153, § 4; Apr. 21.
(b) Except as provided by subsection (h), the information obtained and the investigations conducted by the unit shall be confidential as required by state or federal law. Upon request of the unit, the unit shall have access to all records of reports, investigation documents and written reports of findings related to confirmed cases of abuse, neglect or exploitation of persons or cases in which there is reasonable suspicion to believe abuse, neglect or exploitation of persons has occurred which are received or generated by the department of social and rehabilitation services, department on aging or department of health and environment.
(c) Except for reports alleging only self-neglect, such state agency receiving reports of abuse, neglect or exploitation of persons shall forward to the unit:
(1) Within 10 days of confirmation, reports of findings concerning the confirmed abuse, neglect or exploitation of persons; and
(2) within 10 days of such denial, each report of an investigation in which such state agency was denied the opportunity or ability to conduct or complete a full investigation of abuse, neglect or exploitation of persons.
(d) On or before the first day of the regular legislative session each year, the unit shall submit to the legislature a written report of the unit's activities, investigations and findings for the preceding fiscal year.
(e) The attorney general shall adopt rules and regulations as deemed appropriate for the administration of this section.
(f) No state funds appropriated to support the provisions of the abuse, neglect or exploitation of persons unit and expended to contract with any third party shall be used by a third party to file any civil action against the state of Kansas or any agency of the state of Kansas. Nothing in this section shall prohibit the attorney general from initiating or participating in any civil action against any party.
(g) The attorney general may contract with other agencies or organizations to provide services related to the investigation or litigation of findings related to abuse, neglect or exploitation of persons.
(h) Notwithstanding any other provision of law, nothing shall prohibit the attorney general or the unit from distributing or utilizing only that information obtained pursuant to a confirmed case of abuse, neglect or exploitation or cases in which there is reasonable suspicion to believe abuse, neglect or exploitation has occurred pursuant to this section with any third party contracted with by the attorney general to carry out the provisions of this section.
History: L. 2006, ch. 181, § 1; May 25.
(b) Such fees shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense.
(c) Disbursements from the Kansas bureau of investigation DNA database fee deposited into the DNA database fee fund of the Kansas bureau of investigation shall be made for the following:
(1) Providing DNA laboratory services;
(2) the purchase and maintenance of equipment for use by the laboratory in performing DNA analysis; and
(3) education, training and scientific development of Kansas bureau of investigation personnel regarding DNA analysis.
(d) Expenditures from the DNA database fee fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.
(e) All fees shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the DNA database fee fund, which is hereby established in the state treasury.
(f) Fees received into this fund shall be supplemental to regular appropriations to the Kansas bureau of investigation.
History: L. 2006, ch. 171, § 3; L. 2007, ch. 145, § 6; July 1.
History: L. 1987, ch. 283, §§ 1 to 10; Repealed, L. 1990, ch. 300, § 1; July 1.
History: L. 1991, ch. 48, § 2; L. 2001, ch. 5, § 363; July 1.
History: L. 1997, ch. 182, § 95; July 3.
History: L. 2004, ch. 68, § 1; July 1.
(b) The attorney general shall compile information received pursuant to subsection (a) with information relating to investigations of violations of the open records act and the open meetings act conducted by the office of the attorney general. The attorney general shall publish a yearly abstract of such information listing by name the public agencies which are the subject of such complaints or investigations.
History: L. 2005, ch. 126, § 5; July 1.