2004 LEGISLATIVE SESSION

Kansas House Bill 2779

RELATED:
SPONSOR:
Committee on Corrections and Juvenile Justice
INTRODUCED FEBRUARY 10, 2004
COMMITTEE ASSIGNMENT:

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(TEXT AS INTRODUCED)

Session of 2004

HOUSE BILL No. 2779

By Committee on Corrections and Juvenile Justice

2-10

AN ACT concerning offender registration; concerning lewd and lascivious
behavior; amending K.S.A. 2003 Supp. 22-4902 and repealing the
existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2003 Supp. 22-4902 is hereby amended to read as
follows: 22-4902. As used in this act, unless the context otherwise
requires:

(a) Offender means: (1) A sex offender as defined in subsection (b);

    (2) a violent offender as defined in subsection (d);

    (3) a sexually violent predator as defined in subsection (f);

    (4) any person who, on and after the effective date of this act, is
    convicted of any of the following crimes when the victim is less than 18
    years of age:

      (A) Kidnapping as defined in K.S.A. 21-3420 and amendments
      thereto, except by a parent;

      (B) aggravated kidnapping as defined in K.S.A. 21-3421 and amendments
      thereto; or

      (C) criminal restraint as defined in K.S.A. 21-3424 and amendments
      thereto, except by a parent;

    (5) any person convicted of any of the following criminal sexual conduct
    if one of the parties involved is less than 18 years of age:

      (A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;

      (B) criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-
      3505, and amendments thereto;

      (C) promoting prostitution as defined by K.S.A. 21-3513, and amendments
      thereto;

      (D) patronizing a prostitute as defined by K.S.A. 21-3515, and
      amendments thereto; or

      (E) lewd and lascivious behavior as defined by K.S.A. 21-3508, and amendments thereto; or

      (F) unlawful sexual relations as defined by K.S.A. 21-3520, and
      amendments thereto;

    (6) any person who has been required to register under any federal,
    military or other states law or is otherwise required to be registered;

    (7) any person who has been convicted of an offense in effect at any
    time prior to the effective date of this act, that is comparable to any crime
    defined in subsection (4) or (5), or any federal, military or other state
    conviction for an offense that under the laws of this state would be an
    offense defined in subsection (4) or (5); or

    (8) any person who has been convicted of an attempt, conspiracy or
    criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303
    and amendments thereto, of an offense defined in subsection (4) or (5).

         Convictions which 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. Any conviction set aside pursuant
    to law is not a conviction for purposes of this section. A conviction
    from another state shall constitute a conviction for purposes of this
    section.

(b) Sex offender includes any person who, after the effective date
of this act, is convicted of any sexually violent crime set forth in subsection
(c) or is adjudicated as a juvenile offender for an act which if committed
by an adult would constitute the commission of a sexually violent crime
set forth in subsection (c).

(c) Sexually violent crime means:

    (1) Rape as defined in K.S.A. 21-3502 and amendments thereto;

    (2) indecent liberties with a child as defined in K.S.A. 21-3503 and
    amendments thereto;

    (3) aggravated indecent liberties with a child as defined in K.S.A. 21-
    3504 and amendments thereto;

    (4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of
    K.S.A. 21-3505 and amendments thereto;

    (5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and
    amendments thereto;

    (6) indecent solicitation of a child as defined by K.S.A. 21-3510 and
    amendments thereto;

    (7) aggravated indecent solicitation of a child as defined by K.S.A.
    21-3511 and amendments thereto;

    (8) sexual exploitation of a child as defined by K.S.A. 21-3516 and
    amendments thereto;

    (9) sexual battery as defined by K.S.A. 21-3517 and amendments
    thereto;

    (10) aggravated sexual battery as defined by K.S.A. 21-3518 and
    amendments thereto;

    (11) aggravated incest as defined by K.S.A. 21-3603 and amendments
    thereto; or

    (12) lewd and lascivious behavior as defined by K.S.A. 21-3508, and
    amendments thereto;

    (13) any conviction for an offense in effect at any time prior to the
    effective date of this act, that is comparable to a sexually violent crime as
    defined in subparagraphs (1) through (11), or any federal, military or
    other state conviction for an offense that under the laws of this state would
    be a sexually violent crime as defined in this section;

    (13) (14) an attempt, conspiracy or criminal solicitation, as defined in
    K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of a sexually
    violent crime, as defined in this section; or

    (14) (15) any act which at the time of sentencing for the offense has
    been determined beyond a reasonable doubt to have been sexually motivated.
    As used in this subparagraph, sexually motivated means that
    one of the purposes for which the defendant committed the crime was
    for the purpose of the defendants sexual gratification.

(d) Violent offender includes any person who, after the effective
date of this act, is convicted of any of the following crimes:

    (1) Capital murder as defined by K.S.A. 21-3439 and amendments
    thereto;

    (2) murder in the first degree as defined by K.S.A. 21-3401 and
    amendments thereto;

    (3) murder in the second degree as defined by K.S.A. 21-3402 and
    amendments thereto;

    (4) voluntary manslaughter as defined by K.S.A. 21-3403 and amendments
    thereto;

    (5) involuntary manslaughter as defined by K.S.A. 21-3404 and
    amendments thereto; or

    (6) any conviction for an offense in effect at any time prior to the
    effective date of this act, that is comparable to any crime defined in this
    subsection, or any federal, military or other state conviction for an offense
    that under the laws of this state would be an offense defined in this
    subsection; or

    (7) an attempt, conspiracy or criminal solicitation, as defined in
    K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an offense
    defined in this subsection.

(e) Law enforcement agency having jurisdiction means the sheriff
of the county in which the offender expects to reside upon the offenders
discharge, parole or release.

(f) 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.

(g) Nonresident student or worker includes any offender who
crosses into the state or county for more than 14 days, or for an aggregate
period exceeding 30 days in a calendar year, for the purposes of employment,
with or without compensation, or to attend school as a student.

(h) Aggravated offenses means engaging in sexual acts involving
penetration with victims of any age through the use of force or the threat
of serious violence, or engaging in sexual acts involving penetration with
victims less than 14 years of age, and includes the following offenses:

    (1) Rape as defined in subsection (a)(1)(A) and subsection (a)(2) of
    K.S.A. 21-3502, and amendments thereto;

    (2) aggravated criminal sodomy as defined in subsection (a)(1) and
    subsection (a)(3)(A) of K.S.A. 21-3506, and amendments thereto; and

    (3) any attempt, conspiracy or criminal solicitation, as defined in
    K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an offense
    defined in this subsection.

      (i) Institution of higher education means any post-secondary school
      under the supervision of the Kansas board of regents.

    Sec. 2. K.S.A. 2003 Supp. 22-4902 is hereby repealed.

    Sec. 3. This act shall take effect and be in force from and after its
    publication in the statute book.

     

 

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    BILL HISTORY
    02/19/2004     HEARING: THURS., 2/19/2004, 1:30 PM, RM 241-N
    02/11/2004     (H) REFERRED TO CORRECTIONS AND JUVENILE JUSTICE;
    02/10/2004     (H) INTRODUCED -HJ 1041

 

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