22-4705. Reportable events; establishment of criminal justice information system central repository; reports; method of reporting.

22-4705

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 47.--CRIMINAL HISTORY RECORD INFORMATION

      22-4705.   Reportable events; establishment of criminaljustice 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 asentence, including a change ordered by a court;

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

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

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

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

      (c)   Except as otherwise provided by this subsection, every criminal justiceagency shall report criminal history record information, whether collectedmanually or by means of an automated system, to the central repository,in accordance with rules and regulations adopted pursuant to this act. Acriminal justice agency shall report to the central repository thosereportable events involving a violation of a county resolution or city ordinanceonly 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 justiceagency directly to the central repository;

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

      (3)   if the information can readily be collected and reported through criminaljustice 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 frommaintaining more detailed information than is required to be reported tothe central repository. However, the dissemination of thatcriminal history record information is governed by the provisions of this act.

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

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