SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2349
As Amended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2349, as amended would amend the Kansas
Offender Registration Act (KORA) and create new provisions.

KORA Definitions (Section 5)
The bill would amend several terms used in KORA and
would remove the requirement to register for persons
convicted of certain crimes.
Offender
The bill would amend the definition of “offender” to
include any person required by an agreement entered into by
the parties to register for an offense not otherwise required by
KORA, and would remove a provision allowing a court to
order such person to register. The bill would specify that the
duration of registration would be controlled by such
agreement.
The bill would exclude a person who is convicted of a
crime in municipal court from the definition of offender. The
bill would also remove a reference to the Revised Kansas
Juvenile Justice Code, but would clarify that a juvenile
offender adjudicated for unlawful transmission of a visual
depiction of a child, aggravated transmission of a visual
depiction of a child, or unlawful possession of a visual
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
depiction of a child would be excluded from the definition of
offender.
Sex Offender
The definition for “sex offender” in current law includes
convictions for certain sex crimes after July 1, 1997, when
one of the parties involved is under 18 years of age. The bill
would specify that the party under 18 years of age would be
other than the offender. The bill would also remove from the
definition of sex offender a conviction when one of the parties
other than the offender is under age 18 of the crimes of
adultery or patronizing a prostitute, prior to amendments
made to the section defining the latter crime in 2013.
The bill would further amend the definition to include
convictions of breach of privacy involving videotape or other
images taken of a person without the knowledge and consent
of the person and dissemination of those videos and photos.
The bill would also remove misdemeanor violations of lewd
and lascivious behavior from the convictions that define “sex
offender.”
Sexually Violent Crime
The bill would amend the definition of “sexually violent
crime” to include the crime of internet trading in child
pornography as defined in continuing law, and would remove
a reference to any out-of-state juvenile adjudication for an
offense that requires registration under the laws of that state.
Violent Offender
The bill would amend the definition of “violent offender”
to remove convictions after July 1, 1997, of the crimes of
voluntary manslaughter, involuntary manslaughter,
kidnapping of an adult, aggravated kidnapping of an adult,
and criminal restraint from the offenses that require an
offender to register.
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Amendments to Criminal Penalties (Sections 2, 4, and 6)
Aiding in Obstructing Apprehension or Prosecution
Current law defines the crime as a person knowingly
harboring, concealing, or aiding certain persons who have
committed certain crimes and who are intending to avoid or
escape from arrest, trial, conviction, or punishment for such
crime, or who are required to register under KORA and are
not in compliance with KORA, with the intent that such person
may avoid registration. Current law provides for different
penalties depending on the elements applied.
The bill would amend the penalty to a level 8, nonperson
felony if the person who is harbored, concealed, or aided has
committed or been charged with committing a felony. The bill
would amend the criminal penalty to a class C misdemeanor
if the person who is harbored, concealed, or aided has
committed or been charged with a misdemeanor.
The bill would also remove a provision that requires a
presumptive imprisonment sentence for the offense, but
allows an optional probation sentence if the offense is
classified in certain grid blocks.
Offender Obstructing Apprehension or Prosecution
A special sentencing rule making a violation of KORA or
a violation of obstructing apprehension or prosecution with
intent to avoid registration presumptive imprisonment would
be removed, and the bill would make only aggravated
violations of KORA punishable by presumptive imprisonment.
Violation of KORA
Current law provides that a violation of KORA that
continues for more than 30 consecutive days, upon the 31st
day, constitutes a new and separate violation. The bill would

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amend the length of time to be more than 90 consecutive
days and constitute a new offense on the 91st day. As
provided in continuing law, continued violation constitutes a
new and separate offense every 30 days thereafter for as
long as the violation continues.
Violation of KORA—Classification
Current law classifies a KORA violation as person or
nonperson based on the underlying offense for which the
person is required to register. The bill would remove those
provisions.
Current law also provides a violation of KORA is a level
6 felony on first conviction, level 5 felony on second
conviction, and a level 3 felony on third or subsequent
convictions. The bill would remove a requirement that
violation be a presumptive imprisonment sentence.
The bill would make a violation of KORA when the crime
that requires registration is a felony:
● A Class A nonperson misdemeanor upon a first
conviction;
● A severity level 8, nonperson felony upon a second
conviction; and
● A severity level 5, nonperson felony upon a third or
subsequent conviction.
The bill would make a violation of KORA when the crime
that requires registration is a misdemeanor:
● A Class A nonperson misdemeanor upon a first or
second conviction; and
● A severity level 8, nonperson felony upon a third or
subsequent conviction.

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Aggravated Violation of KORA
Current law provides that a violation of KORA that
continues for more than 180 consecutive days is an
aggravated violation; and any aggravated violation that
continues for more than 180 consecutive days shall, upon the
181st day, constitute a new and separate offense, and shall
continue to constitute a new and separate aggravated
violation every 180 days thereafter for as long as the violation
continues.
The bill would add the following to the definition of an
aggravated violation:
● Providing a false address or an address where the
offender does not reside, or providing false
information about the offender’s employer; or
● Failure to register if, within the immediately
preceding 120 days, the offender has not
registered and is not residing at the residence
listed in the last registration, or is not employed at
the place of employment listed in the last
registration.
Aggravated Violation of KORA—Classification
The bill would remove provisions that provide an
aggravated violation of KORA is a level 3 felony, and classify
an aggravated KORA violation as person or nonperson based
on the underlying offense for which the person is required to
register.
The bill would make an aggravated violation of KORA a
severity level 7, nonperson felony and a severity level 5,
nonperson felony if the person being sentenced has a prior
conviction for a violation of providing a false address or false
employment information or failure to register within the
previous 120 days.

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 The bill would clarify that aggravated violation of KORA
shall be presumptive imprisonment and would remove a
provision allowing a court to impose an optional probation
sentence.
The bill would specify that an aggravated violation of
KORA is a Class A nonperson misdemeanor when the
underlying crime for which the offender is required to be
registered is a misdemeanor.

Registration Location and Notification (Sections 7, 8, and
10)
Court Order—Registration
Current law requires the court, upon any conviction or
adjudication for an offense requiring registration to provide
certain registration information to the offender, and if the
offender is released, follow certain statutory duties
concerning a notice to register, including ordering the
offender to report within three business days to the
registering law enforcement agency in certain jurisdictions,
including where the offender resides, to complete a
registration form. The bill would remove the requirement that
the order require the offender to report to the registering law
enforcement agency where the offender maintains
employment or attends school.
Registration—Location
Continuing law requires an offender required to register
in person with the registering law enforcement agency within
three business days of coming into any county or location or
jurisdiction in which the offender resides or intends to reside.
The bill would remove a requirement that requires the
offender complete such registration in the jurisdiction where
the offender maintains or intends to maintain employment,
attends school, or intends to attend school.

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 Continuing law requires offenders to report in person
four times each year to the registering law enforcement
agency in the county or location of jurisdiction and in which
the offender resides. The bill would remove a requirement
that requires the offender also complete such registration in
the jurisdiction where the offender maintains employment or
attends school.
The bill would make conforming amendments to
provisions requiring an updated photograph be taken on each
occasion the offender registers, and requiring remission of
payment required under continuing law, to remove references
that require the offender take an updated photograph and
remit payment in the jurisdiction in which the offender
maintains employment or attends school.
Registration—Employer or School Location
Continuing law requires offenders report certain
information on a registration form. The bill would specify that
if an offender reports an employer or a school that is in a
county other than the county in which the offender resides or
intends to reside, the Kansas Bureau of Investigation (KBI)
shall notify the sheriff of the county in which the employer or
school is located, and provide registration information

Registration—Fee Waiver or Modification (New Section 1
and Section 8)
The bill would make changes to law that requires an
offender to remit payment of $20 each time the offender is
required to report as part of the reporting process.
Payment of Fee—Minor
The bill would specify that when an offender is under 18
years of age, payment of the registration fee is not required.

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Waiver—Indigency
Current law allows a court of law to waive the required
registration fee if the offender has, prior to the required
reporting and within the last three years, been determined to
be indigent. The bill would clarify that the indigency
determination must have been made by a court of law in the
criminal case for which the offender is required to register.
Waiver—Petition
The bill would allow a person who is required to register
as an offender, pursuant to KORA, to petition the district court
in their residing county to waive payment of the registration
fee required by KORA.
The offender would be required to submit an affidavit
form created by the Judicial Council to the court for
determination of the registration fee waiver, and no docket fee
would be required. The court would be able to question the
offender under oath regarding the affidavit and require the
offender to produce evidence concerning their financial
inability to pay.
Manifest Hardship
If the court determines requiring a payment would
impose a manifest hardship on the offender or the offender’s
immediate family, the bill would allow the court to waive the
current payment, extend the time for making the payment, or
waive the payment for a specific time period not to exceed
one year.
If the court orders a modification for the offender’s
payment, then the court would be required to provide the
offender with a copy of the order, which would modify the
offender’s obligation to pay the fee in any county where the
offender is required to register.

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Registration Duration (Section 9)
The KORA requires registration for 15 years, 25 years,
or a lifetime. Continuing law provides that the duration of
registration shall be, if confined, applicable to the number of
years after the date of parole, discharge, or release,
whichever date is most recent; or if not confined, the
applicable number of years from the date of conviction.
Further, continuing law provides that any period of time during
which an offender is incarcerated in any jail or correctional
facility, or during which the offender does not comply with
KORA, shall not count toward the duration of registration.
The bill would add a 5-year registration period, and
would make amendments to the crimes listed in the 15-year
and 25-year required registration durations.
5-Year Registration
The bill would create provisions requiring registration for
a period of five years for conviction of the following crimes,
including any attempt, conspiracy, or criminal solicitation of
the crimes:
● Possession of certain controlled substance
precursors;
● Unlawful cultivation or distribution of a controlled
substance; or
● A person felony when the court makes a finding
that a deadly weapon was used.
15-Year Registration
The bill would add the following crimes to the list of
convictions requiring registration for 15 years:
● Breach of privacy involving videotapes and images
taken of a person without the knowledge and
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 consent of such person, and dissemination of such
videotapes and images; and
● Kidnapping a person under age 18.
The bill would also remove the following crimes from the
list of convictions requiring registration for 15 years: adultery;
patronizing a prostitute prior to 2013 amendments;
misdemeanor violations of lewd and lascivious behavior;
capital murder; murder in the first degree; voluntary
manslaughter; involuntary manslaughter; criminal restraint;
convictions requiring registration by court order; convictions
of a person felony when the court makes a finding that a
deadly weapon was used; possession of certain controlled
substance precursors; and unlawful cultivation or distribution
of a controlled substance.
25-Year Registration
Current law requires a 25-year registration for a
conviction of criminal sodomy when one of the parties
involved is less than 18 years of age. The bill would clarify
that the involved party under age 18 must be a party other
than the offender.
The bill would also add internet trading in child
pornography, if the victim is 14 or more years of age but less
than 18 years of age, to the list of convictions requiring
registration for 25 years.
Lifetime Registration
Continuing law requires lifetime registration for certain
offenses. The bill would add internet trading in child
pornography if the victim is less than 14 years of age, capital
murder, and murder in the first degree to the list of
convictions requiring lifetime registration.


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 Current law requires lifetime registration for persons
convicted of aggravated kidnapping. The bill would remove
that requirement if the victim is 18 or older. The bill would also
remove the crime of kidnapping from the list.
Current law requires lifetime registration for a second or
subsequent conviction of an offense requiring registration.
The bill would remove that condition for offenders convicted
of more than one drug offense requiring registration. The bill
would further specify that upon a second or subsequent
conviction of an offense requiring registration that does not
result in lifetime registration, the registration terms shall not
aggregate.

Registration Relief Mechanism (Sections 3, 11, and 13)
Current law provides that no person required to register
under KORA shall be granted an order relieving the offender
of further registration.
The bill would create provisions to allow an offender to
seek relief from registration requirements if the offender has
registered for a certain period of time after the date of parole,
discharge, or release, whichever date is most recent, or if not
confined, a certain period of time from the date of conviction
or adjudication.
Eligibility
The bill would allow offenders to file a verified petition for
relief from registration requirements if the offender was:
● Required to register for 15 years, and the offender
has registered for a period of at least 5 years;
● Required to register for 25 years, and the offender
has registered for a period of at least 10 years; or

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 ● Required to register for lifet