Kansas Code of Criminal Procedure

K.S.A. Chapter 22 - Article 46 - General Provisions

Current through end of 2017 legislative session

22-4602        Effect on pending actions

22-4603        Employment of county and city prisoners.

22-4605        Release from custody; query criminal databases.

22-4606        Racial and other profiling; definitions.

22-4607        Same; uniform collection of data; task force to design method; report and recommendations.

22-4609        Same; prohibited as sole basis for making stop or arrest.

22-4610        Same; policies preempting profiling, requirements; annual reports of complaints.

22-4611        Same; complaints, procedure; civil action.

22-4611a      Cities, counties, comprehensive plans, contents, data collection.

22-4611b      Community advisory board; establishment, cities, counties.

22-4612        Payment rate county, city or law enforcement agency liable to pay health care provider for person in custody; exceptions.

22-4613        Prohibition against releasing persons from custody to avoid cost of medical treatment; court order.

22-4614        Prohibition against subjecting sex offense victim to polygraph or other truth-telling device.

22-4615        Call location information of telecommunications device in emergency situations; telecommunications carrier; law enforcement agency (Kelsey Smith Act).

22-4616        Domestic violence offenses; designation.

22-4617.       Domestic violence offenses; DV Case Number.

22-4618        Sexually violent crime and pornographic materials; report

22-4619        Identifications; policies and procedures; requirements.

22-4620        Policy regarding electronic recording of custodial interrogation.

22-4602. Effect on pending actions.

          (1) The trial of any prosecution commenced prior to the effective date of this chapter, and proceedings incidental thereto, shall be governed by this chapter unless the defendant elects to be proceeded against under the law in force at the time the prosecution was commenced. Such election shall be made by the defendant in open court or in writing at or prior to the time of commencement of trial.

          (2) Appeals commenced prior to the effective date of this chapter shall be governed by the provisions of this chapter from and after its effective date.

History: L. 1970, ch. 129, § 22-4602; July 1.

22-4603. Employment of county and city prisoners.

          (1) Whenever any able-bodied prisoner is confined in the county jail or the jail of any town or city, having been convicted of a misdemeanor or of a violation of an ordinance of such town or city, the sheriff of such county, or the marshal or the chief of police of such town or city, under the direction of the county commissioners or the governing body of the town or city, may cause such persons to work at suitable public employment for not to exceed eight hours on each working day.

          (2) A person so employed shall receive a credit on any fine and costs imposed in an amount equal to $5 for each full hour spent by the person in the specified work.

          (3) Persons held in jail and awaiting trial or held on civil process, may, with their consent, be likewise so employed and shall receive a credit on any fines and costs in an amount equal to $5 for each full hour spent by the person in the specified work, or if there are no such fines and costs, compensation for such employment in an amount agreed to by the person and the city or county, but not less than $5 a day, to be paid by the city or the county.

          (4) Any prisoner employed as above provided, shall continue to be deemed prisoners during the hours of their employment and subject to all laws, rules and regulations relating to prisoners.

History: L. 1970, ch. 129, § 22-4603; L. 2011, ch. 100, § 10, July 1.

22-4605. Release from custody; query criminal databases.

          (a) No person, whether convicted or being held on suspicion of charges, who is incarcerated by the state or any political subdivision thereof shall be released from custody until the custodian of such person has queried available state and federal criminal databases to determine whether there are any outstanding warrants for such person's arrest.

          (b) This section shall be part of and supplemental to the Kansas code of criminal procedure.

History: L. 2000, ch. 181, § 2; July 1.

22-4606. Racial and other profiling; definitions.

As used in this act:

          (a) "Governmental unit" means the state, or any county, city or other political subdivision thereof, or any department, division, board or other agency of any of the foregoing, except governmental unit shall not include the board of education of any school district employing school security officers.

          (b) Law enforcement agency" means the governmental unit employing the law enforcement officer.

          (c) "Law enforcement officer" has the meaning ascribed thereto in K.S.A. 74-5602, and amendments thereto, except law enforcement officer shall not include school security officers designated as school law enforcement officers pursuant to K.S.A. 72-8222, and amendments thereto.

(d) "Racial or other biased-based policing" means the unreasonable use of race, ethnicity, national origin, gender or religion by a law enforcement officer in deciding to initiate an enforcement action. It is not racial or other biased-based policing when race, ethnicity, national origin, gender or religion is used in combination with other identifying factors as part of a specific individual description to initiate an enforcement action.

(e) "Enforcement action" means any law enforcement act, as described in K.S.A. 22-4609, and amendments thereto, during a nonconsensual contact with an individual or individuals.

(f) "Collection of data" means that information collected by Kansas law enforcement officers after each traffic stop.

History: L. 2005, ch. 159, § 1; L. 2011, ch. 94, § 1, May 26.

22-4607. Same; uniform collection of data; task force to design method; report and recommendations.

          (a) A 15-member task force on racial profiling shall be appointed by the governor. The task force shall include representatives of the Kansas attorney general's office, the Kansas highway patrol, city and county law enforcement agencies, the Hispanic and Latino American affairs commission, the advisory commission on African-American affairs, the department of revenue, Kansas human rights commission, Kansas district courts, Kansas civil rights advocates and others who can assist in the performance of the functions of the task force.

          (b) The governor’s task force on racial profiling shall work in partnership with local and state law enforcement agencies to review current policies and make recommendations for future policies and procedures statewide for the full implementation of the provisions of K.S.A. 22-4606 through 22-4611, and amendments thereto. The task force shall hold public hearings and meetings as needed to involve and inform the public on issues related to racial profiling.

          (c) On July 1, 2009, the governor shall appoint the membership of the task force. Any person serving as a member of the task force on June 30, 2009, may be reappointed. The terms of members appointed or reappointed to the task force shall expire on July 1, 2011. Vacancies occurring before the expiration of a term shall be filled in the same manner as the original appointment.

          (d) The chairperson of the task force shall be designated by the governor. The task force shall meet at the call of the chairperson at least quarterly or as often as necessary to carry out the functions of the task force.

          (e) The staff of the Kansas advisory commission on African-American affairs and the Kansas Hispanic/Latino American affairs commission shall provide administrative support to the task force and its chairperson.

          (f) Members of the task force attending a meeting of the task force, or any subcommittee meeting authorized by the task force, shall receive amounts provided for in subsection (e) of K.S.A. 75-3223, and amendments thereto.

(g) The task force shall make a report of its activity to the public each calendar year.

(h) The provisions of this section shall expire on July 1, 2011.

History: L. 2005, ch. 159, § 2; L. 2006, ch. 170, § 1; L. 2009, ch. 126, § 1, July 1.

22-4609. Same; prohibited as sole basis for making stop or arrest.

          It is unlawful to use racial or other biased-based policing in:

          (a) Determining the existence of probable cause to take into custody or to arrest an individual;

          (b) constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle; or

          (c) determining the existence of probable cause to conduct a search of an individual or a conveyance.

History: L. 2005, ch. 159, § 4; L. 2011, ch. 94, § 2, May 26.

22-4610. Same; policies preempting profiling, requirements; annual reports of complaints.

          (a) All law enforcement agencies in this state shall adopt a detailed, written policy to preempt racial or other biased-based policing. Each agency's policy shall include the definition of racial or other biased-based policing found in K.S.A. 22-4606, and amendments thereto.

          (b) Policies adopted pursuant to this section shall be implemented by all Kansas law enforcement agencies within one year after the effective date of this act. The policies and data collection procedures shall be available for public inspection during normal business hours.

          (c) The policies adopted pursuant to this section shall include, but not be limited to, the following:

          (1) A detailed written policy that prohibits racial or other biased-based policing and that clearly defines acts constituting racial or other biased-based policing using language that has been recommended by the attorney general.

          (2) (A) The agency policies shall require annual racial or other biased- based policing training which shall include, but not be limited to, training relevant to racial or other biased-based policing. Distance learning training technology shall be allowed for racial or other biased-based policing training.

          (B) Law enforcement agencies may appoint an advisory body of not less than five persons composed of representatives of law enforcement, community leaders and educational leaders to recommend and review appropriate training curricula.

          (3) (A) For law enforcement agencies of cities or counties that have exercised the option to establish community advisory boards pursuant to section 6, and amendments thereto, use of such community advisory boardswhich include participants who reflect the racial and ethnic community, to advise and assist in policy development, education and community outreach and communications related to racial or other biased-based policing by law enforcement officers and agencies.

          (B) Community advisory boards shall receive training on fair and impartial policing and comprehensive plans for law enforcement agencies.

          (4) Policies for discipline of law enforcement officers who engage in racial or other biased-based policing.

          (5) A provision that, if the investigation of a complaint of racial or other biased-based policing reveals the officer was in direct violation of the law enforcement agency's written policies regarding racial or other biased-based policing, the employing law enforcement agency shall take appropriate action consistent with applicable laws, rules and regulations, resolutions, ordinances or policies, including demerits, suspension or removal of the officer from the agency.

          (6) Provisions for community outreach and communications efforts to inform the public of the individual's right to file with the law enforcement agency or the office of the attorney general complaints regarding racial or other biased-based policing,, which outreach and communications to the community shall include ongoing efforts to notify the public of the law enforcement agency's complaint process.

          (7) Procedures for individuals to file complaints of racial or other biased-based policing, with the agency, which, if appropriate, may provide for use of current procedures for addressing such complaints.

          (d) (1) Each law enforcement agency shall compile an annual report for the period of July 1 to June 30 and shall submit the report on or before July 31 to the office of the attorney general for review. Annual reports filed pursuant to this subsection shall be open public records and shall be posted on the official website of the attorney general.

          (2) The annual report shall include:

          (A) The number of racial or other biased-based policing complaints received;

          (B) the date each racial or other biased-based policing complaint is filed;

          (C) action taken in response to each racial or other biased-based policing complaint;

          (D) the disposition of each racial or other biased-based policing complaint;

          (E) the date each racial or other biased-based policing complaint is closed;

          (F) whether or not all agency law enforcement officers not exempted by Kansas commission on peace officers’ standards and training received the training required in subsection (c)(2)(A);

          (G) whether the agency has a policy prohibiting racial or other biased- based policing;

          (H) whether the agency policy mandates specific discipline for sustained complaints of racial or other biased-based policing;

          (I) whether the agency has a community advisory board; and

          (J) whether the agency has a racial or other biased-based policing comprehensive plan or if it collects traffic or pedestrian stop data.

History: L. 2005, ch. 159, § 5; L. 2011, ch. 94, § 3, May 26.

22-4611. Same; complaints, procedure; civil action.

          (a) Any person who believes such person has been subjected to racial or other biased-based policing by a law enforcement officer or agency may file a complaint with the law enforcement agency. The complainant may also file a complaint with the office of the attorney general. The office of the attorney general shall review and, if necessary, investigate the complaint and may find there is insufficient evidence of racial or other biased-based policing or may forward the complaint for further review and possible action to the Kansas commission on peace officers’ standards and training. The commission shall review and, if necessary, further investigate the complaint. The com-mission may take action on the officer’s certification or other corrective action as allowed by its governing statutes and rules and regulations. The commission shall consult with the head of the law enforcement agency before taking final action regarding discipline of any law enforcement officer or other disposition of the complaint.

          (b) Within 10 days of receiving a complaint, the office of the attorney general shall provide notification that such complaint has been filed to the accused officer and to the head of the accused officer’s law enforcement agency, including a copy of all complaint documentation submitted by the complainant.

          (c) Upon disposition of a complaint as provided for in subsection (a) the complainant shall have a civil cause of action in the district court against the law enforcement officer or law enforcement agency, or both, and shall be entitled to recover damages if it is determined by the court that such officer or agency engaged in racial or other biased-based policing.. The court may allow the prevailing party reasonable attorney fees and court costs.

History: L. 2005, ch. 159, § 6; L. 2011, ch. 94, § 4, May 26.

22-4611a. Cities, counties, comprehensive plans, contents, data collection.

          (a) The governing body of a city or the sheriff of the county may develop a comprehensive plan in conjunction with a community advisory board, if one exists, or with community leaders to prevent racial or other biased-based policing or may require the law enforcement agency of such city or county to collect traffic or pedestrian stop data and make such data available to the public.

          (b) Any comprehensive plan adopted pursuant to this section shall include the following:

          (1) Policies prohibiting racial or other biased-based policing to guide well-meaning officers and address racist officers;

          (2) policies to promote the recruitment and hiring of a diverse workforce to ensure the workforce is comprised of people who can police in a race-neutral and nonbiased fashion;

          (3) training to promote employees’ controlled responses to override racial and other biases;

          (4) ongoing training of supervisors to enable them to detect and respond effectively to biased behavior;

          (5) implement a style of policing that promotes positive interactions between police officers and all communities;

          (6) whether or not the governing body or sheriff has included data collection as part of the comprehensive plan; and

          (7) other matters deemed appropriate.

          (c) Data collection, if required , may consist of, but shall not be limited to, one or more of the following for every vehicle or pedestrian stop:

          (1) Originating agency and officer identifier number;

          (2) time and date of the stop;

          (3) duration of the stop in ranges of one to 15 minutes, 16 to 30 minutes or more than 30 minutes;

          (4) beat, district, territory or response area where the traffic stop is conducted;

          (5) primary reason for the officer’s investigation, and specifically, whether the stop was call related or self initiated;

          (6) primary reason for the stop, and specifically, whether the stop was based on a moving violation, an equipment violation, reasonable suspicion of a criminal offense, other violation, to render service or assistance, suspicious circumstances, pre-existing knowledge or special detail;

          (7) if a vehicle stop, the county code of vehicle registration, if registered in Kansas, and state code, if registered outside Kansas;

          (8) age, race, gender and ethnicity of the primary person stopped by the officer;

          (9) source of the information required by paragraph (8), and specifically, whether it was obtained from officer perception or investigation;

          (10) whether the officer was aware of the information required by paragraph (8) prior to the stop;

          (11) if a vehicle stop, the number of occupants in the stopped vehicle, including the driver;

          (12) type of action taken, including citation, warning, search, arrest, assistance provided or no action. If the action taken is an arrest, the data collection shall also include the type of arrest, including warrant, resisting arrest, property crime, persons crime, drug crime, traffic crime, DUI or other type of arrest;

          (13) if a search was conducted, the rationale for the search, including vehicle indicators, verbal indicators, physical or visual indicators, document indicators (DOT), incident to arrest or other rationale;

          (14) if a search was conducted, the type of search, including consent search, consent requested but consent denied, inventory, stop and frisk, search warrant, incident to arrest, plain view or probable cause; or

          (15) if a search was conducted, the type of contraband seized, if any, including currency, firearms, other weapons, drugs, drug paraphernalia, alcohol products, tobacco products, stolen property or other contraband.

          (d) Nothing in this section shall require a governmental entity to collect data concerning pedestrian stops.

History: L. 2011, ch. 94, § 5, May 26.

22-4611b. Community advisory board; establishment, cities, counties.

          The governing body of any city, by ordinance or the sheriff of any county may, establish a community advisory board to work with the law enforcement agency of such city or county in accordance with the provisions of K.S.A. 22-4606 et seq., and amendments thereto.

History: L. 2011, ch. 94, § 6, May 26.

22-4612.       Payment rate county, city or law enforcement agency liable to pay health care provider for person in custody; exceptions.

          (a) Except as otherwise provided in this section, a county, a city, a county or city law enforcement agency, a county department of corrections or the Kansas highway patrol shall be liable to pay a health care provider for health care services rendered to persons in the custody of such agencies the lesser of the actual amount billed by such health care provider or the medicaid rate. The provisions of this section shall not apply if a person in the custody of a county or city law enforcement agency, a county department of corrections or the Kansas highway patrol is covered under a current individual or group accident and health insurance policy, medical service plan contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society or health maintenance organization contract.

          (b) Nothing in this section shall prevent a county or city law enforcement agency, a county department of corrections, the Kansas highway patrol or such agencies authorized vendors from entering into agreements with health care providers for the provision of health care services at terms, conditions and amounts which are different than the medicaid rate.

          (c) It shall be the responsibility of the custodial county or city law enforcement agency, county department of corrections or the Kansas highway patrol or such agencies’ agents, to determine, under agreement with the secretary of health and environment, the amount payable for the services provided and to communicate that determination along with the remittance advice and payment for the services provided.

          (d) Nothing in this section shall be construed to create a duty on the part of a health care provider to render health care services to a person in the custody of a county or city law enforcement agency, a county department of corrections or the Kansas highway patrol.

          (e) As used in this section:

          (1) "County or city law enforcement agency" means a city police department, a county sheriff’s department, a county law enforcement department as defined in K.S.A. 19-4401, and amendments thereto, or a law enforcement agency established pursuant to the consolidated city-county powers in K.S.A. 12-345, and amendments thereto.

          (2) "Health care provider" means a person licensed to practice any branch of the healing arts by the state board of healing arts, a person who holds a temporary permit to practice any branch of the healing arts issued by the state board of healing arts, a person engaged in a postgraduate training program approved by the state board of healing arts, a licensed physician assistant, a person licensed by the behavioral sciences regulatory board, a medical care facility licensed by the department of health and environment, a podiatrist licensed by the state board of healing arts, an optometrist licensed by the board of examiners in optometry, a registered nurse, and advanced nurse practitioner, a licensed professional nurse who is authorized to practice as a registered nurse anesthetist, a licensed practical nurse, a licensed physical therapist, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a Kansas limited liability company organized for the purpose of rendering professional services by its members who are health care providers as defined by this subsection and who are legally authorized to render the professional services for which the limited liability company is organized, a partnership of persons who are health care providers under this subsection, a Kansas not-for-profit corporation organized for the purpose of rendering professional services by persons who are health care providers as defined by this subsection, a dentist certified by the state board of healing arts to administer anesthetics under K.S.A. 65-2899, and amendments thereto, a psychiatric hospital licensed under K.S.A. 75-3307b, and amendments thereto, a licensed social worker or a mental health center or mental health clinic licensed by the secretary of social and rehabilitation services and any health care provider licensed by the appropriate regulatory body in another state that has a current approved provider agreement with the secretary of health and environment.

          (3) ‘‘Medicaid rate’’ means the terms, conditions and amounts a health care provider would be paid for health care services rendered pursuant to a contract or provider agreement with the secretary of health and environment.

History: L. 2006, ch. 183, § 1; L. 2012, ch. 102, § 2; July 1.

22-4613. Prohibition against releasing persons from custody to avoid cost of medical treatment; court order.

          (a) A law enforcement officer having custody of a person shall not release such person from custody merely to avoid the cost of necessary medical treatment while the person is receiving treatment from a health care provider unless the health care provider consents to such release, or unless the release is ordered by a court of competent jurisdiction. When the law enforcement officer is satisfied that probable cause no longer exists to believe the suspect committed a crime based upon the ongoing investigation, or the prosecuting attorney gives notice that no prosecution will be forthcoming at this time, the law enforcement officer may release such person from custody. Upon the date of notification to the health care provider that the person is being released from custody because the ongoing investigation indicates that probable cause no longer exists or a decision by the prosecuting attorney that no charges will be filed, the law enforcement agency shall no longer be responsible for the cost of such person’s medical treatment.

          (b) As used in this section:

          (1) "Law enforcement officer" has the meaning ascribed thereto in K.S.A. 22-2202, and amendments thereto.

          (2) "Health care provider" has the meaning ascribed thereto in K.S.A. 22-4612, and amendments thereto.

History: L. 2006, ch. 183, § 2; July 1.

22-4614. Prohibition against subjecting sex offense victim to polygraph or other truth-telling device.

          No law enforcement officer, government official or prosecutor shall request or require any person who is alleged to be a victim of an offense described in K.S.A. 21-5501 through 21-5513 or K.S.A. 21-6419 through 21-6422, and amendments thereto, human trafficking or aggravated human trafficking as defined in K.S.A. 2014 Supp. 21-5426, and amendments thereto, or incest or aggravated incest as defined in K.S.A. 2014 Supp. 21-5604, and amendments thereto, to submit to a polygraph examination or similar truth telling device as a condition for proceeding with an investigation, or charging or prosecuting such an offense.

History: L. 2008, ch, 62, § 1; L. 2011, ch. 30, § 140, L. 2015, ch. 94, § 9; July 1.

22-4615. Call location information of telecommunications device in emergency situations; telecommunications carrier; law enforcement agency (Kelsey Smith Act).

          (a) Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information concerning the telecommunications device of the user to the requesting law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.

          (b) Notwithstanding any other provision of law to the contrary, nothing in this section prohibits a wireless telecommunications carrier from establishing protocols by which the carrier could voluntarily disclose call location information.

          (c) No cause of action shall lie in any court against any wireless telecommunications carrier, its officers, employees, agents or other specified persons for providing call location information while acting in good faith and in accordance with the provisions of this section.

          (d) (1) All wireless telecommunications carriers registered to do business in the state of Kansas or submitting to the jurisdiction thereof and all resellers of wireless telecommunications services shall submit their emergency contact information to the Kansas bureau of investigation in order to facilitate a request requests from a law enforcement agency for call location information in accordance with this section. This contact information must be submitted annually by June 15th or immediately upon any change in contact information.

          (2) The Kansas bureau of investigation shall maintain a database containing emergency contact information for all wireless telecommunications carriers registered to do business in the state of Kansas and shall make the information immediately available upon request to all public safety answer points in the state.

          (e) Rules and regulations shall be promulgated by the director of the Kansas bureau of investigation to fulfill the requirements of this section no later than July 1, 2011.

          (f) This section shall be known and may be cited as the Kelsey Smith act.

History: L. 2009, ch. 143, § 1 ; L. 2010, ch. 100, § 1; April 22.

22-4616. Domestic violence offenses; designation.

          (a) On and after July 1, 2011, in all criminal cases filed in the district court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense. On and after July 1, 2013, in all criminal cases filed in the municipal court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense.

          (1) Except as provided further, if the trier of fact determines that the defendant committed a domestic violence offense, the court shall place a domestic violence designation on the criminal case and the defendant shall be subject to the provisions of subsection (p) of K.S.A. 21-6604, and amendments thereto.

          (2) The court shall not place a domestic violence designation on the criminal case and the defendant shall not be subject to the provisions of subsection (p) of K.S.A. 21-6604, and amendments thereto, only if the court finds on the record that:

          (A) The defendant has not previously committed a domestic violence offense or participated in a diversion upon a complaint alleging a domestic violence offense; and

          (B) the domestic violence offense was not used to coerce, control, punish, intimidate or take revenge against a person with whom the offender is involved or has been involved in a dating relationship or against a family or household member.

          (b) The term "domestic violence offense" shall have the meaning provided in K.S.A. 21-5111, and amendments thereto.

          (c) This section shall be a part of and supplemental to the Kansas code for criminal procedure.

History: L. 2010, ch. 101, § 1, L. 2011, ch. 30, § 141, L. 2012, ch. 162, § 17; July 1.

22-4617. Domestic violence offenses; DV Case Number.

          In all criminal cases, when a complaint is filed charging a defendant with commission of any crime whereby the underlying factual basis includes an act of domestic violence, as defined in K.S.A. 21-5111, and amendments thereto, the court may place a "DV" designation in the unique identifying case number assigned to such case. Nothing in this section shall be construed to limit the courts of this state from adopting a system of case designation deemed by the courts to be beneficial to the efficient administration of justice.

History: L. 2010, ch. 101, § 2, L. 2011, ch. 30, § 142, July 1.

22-4618. Sexually violent crime and pornographic materials; report

          (a) As used in this section:

          (1) "Nudity" means the showing, unclothed or with less than a fully opaque covering, of the human male or female genitals, pubic area, buttocks or female breast below a point immediately above the top of the areola.

          (2) "Pornographic materials" means sexual devices or books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video presentations, computer-generated images or pictures, slides or other visual representations, whether made or produced by electronic, mechanical or other means, which depict, describe or simulate sexually explicit conduct or nudity.

          (3) "Sexually explicit conduct" means acts of masturbation, sexual intercourse, sodomy, sadomasochistic abuse or physical contact with a person’s clothed or unclothed genitals, pubic area or buttocks or with a human female’s breast.

          (4) "Sexually violent crime" means the same as in K.S.A. 22-4902, and amendments thereto.

          (b) The Kansas bureau of investigation will work with the office of the attorney general and with state and local law enforcement to identify a process to uniformly report data to the central repository enabling the production of a report generated at least annually to identify the total number of sexually violent crimes reported and the number of such crimes where pornographic materials are seized or documented as evidence. This process shall be in place within one year of the implementation of a capable central repository system.

          (c) Reports of materials found pursuant to the provisions of subsection (b) shall be used for statistical purposes only.

          (d) Upon implementation of a central repository system, the Kansas bureau of investigation shall:

          (1) Make the necessary changes to the Kansas standard offense report and the Kansas incident based reporting system handbook; and

          (2) promulgate rules and regulations concerning the training for law enforcement agencies to implement the provisions of this section.

          (e) Nothing in this section shall be construed to expand the scope of the officer’s search.

          (f) The provisions of this section are subject to appropriations.

History: L. 2013, ch. 118, § 7; July 1.

22-4619. Identifications; policies and procedures; requirements.

          (a) All law enforcement agencies in this state shall adopt a detailed, written policy relating to the procedures to be employed when a citizen is asked to identify a person in the context of a criminal investigation.

          (b) All law enforcement agencies in this state shall collaborate with the county or district attorney in the appropriate jurisdiction to adopt written policies regarding eyewitness procedures. Such policies shall be made available to all officers of such agency.

          (c) Policies adopted pursuant to this section shall be implemented by all Kansas law enforcement agencies within two years after the effective date of this act. Such policies shall be available for public inspection during normal business hours.

          (d) The policies adopted pursuant to this section shall include, but not be limited to, identifying the procedures the law enforcement agency should employ when asking a citizen to identify a person in the context of a criminal investigation. The procedures should include:

          (1) Use of blind and blinded procedures;

          (2) instructions to the witness that the perpetrator may or may not be present;

          (3) use of non-suspect fillers who are reasonably similar to the perpetrator and do not make the suspect stand out; and

          (4) after an identification is made by the witness, eliciting a confidence statement, in the witness’s own words, regarding the level of cer- tainty in the selection.

History: L. 2016, ch. 87, § 2; July 1.

22-4620. Policy regarding electronic recording of custodial interrogation.

          (a) All law enforcement agencies in this state shall adopt a detailed, written policy requiring electronic recording of any custodial interrogation conducted at a place of detention.

          (b) All local law enforcement agencies in this state shall collaborate with the county or district attorney in the appropriate jurisdiction regarding the contents of written policies required by this section.

          (c) Policies adopted pursuant to this section shall be made available to all officers of such agency and shall be available for public inspection during normal business hours.

          (d) Policies adopted pursuant to this section shall be implemented by all Kansas law enforcement agencies on or before July 1, 2018.

          (e) Policies adopted pursuant to this section shall include the following:

          (1) A requirement that an electronic recording shall be made of an entire custodial interrogation at a place of detention when the interrogation concerns a homicide or a felony sex offense;

          (2) a requirement that if the defendant elects to make or sign a written statement during the course of a custodial interrogation concerning a homicide or a felony sex offense, the making and signing of the statement shall be electronically recorded;

          (3) a statement of exceptions to the requirement to electronically record custodial interrogations, including, but not limited to:

          (A) An equipment malfunction preventing electronic recording of the interrogation in its entirety, and replacement equipment is not immediately available;

          (B) the officer, in good faith, fails to record the interrogation because the officer inadvertently fails to operate the recording equipment properly, or without the officer’s knowledge the recording equipment malfunctions or stops recording;

          (C) the suspect affirmatively asserts the desire to speak with officers without being recorded;

          (D) multiple interrogations are taking place, exceeding the available electronic recording capacity;

          (E) the statement is made spontaneously and not in response to an interrogation question;

          (F) the statement is made during questioning that is routinely asked during the processing of an arrest of a suspect;

          (G) the statement is made at a time when the officer is unaware of the suspect’s involvement in an offense covered by the policy;

          (H) exigent circumstances make recording impractical;

          (I) at the time of the interrogation, the officer, in good faith, is unaware of the type of offense involved; and

          (J) the recording is damaged or destroyed, without bad faith on the part of any person or entity in control of the recording; and

          (4) requirements pertaining to the retention and storage requirements of the electronic recording.

          (f) (1) During trial, the officer may be questioned pursuant to the rules of evidence regarding any violation of the policies adopted pursuant to this section.

          (2) Lack of an electronic recording shall not be the sole basis for suppression of the interrogation or confession.

          (g) Every electronic recording of any statement as required by this section shall be confidential and exempt from the Kansas open records act in accordance with K.S.A. 45-229, and amendments thereto. The provisions of this subsection shall expire on July 1, 2022, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2022.

          (h) The following words and phrases, as used in this section, are defined as follows:

          (1) ‘‘Custodial interrogation’’ means questioning of a person to whom warnings given pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), are required to be given;

          (2) ‘‘place of detention’’ means a fixed location under the control of a Kansas law enforcement agency where individuals are questioned about alleged crimes; and

          (3) ‘‘electronic recording’’ means audio or audiovisual recording. An audiovisual recording is preferred.

          (i) This section shall take effect on and after July 1, 2017.

History: L. 2017, ch. 62, § 1; May 18.