Kansas

Recent / Pending Legislation

• HB 2129 (2023, died) –  would have required defendants who petition the court for forensic DNA testing to notify the court when such testing is complete and request a hearing based on whether the evidence is favorable or unfavorable. This is a post-conviction bill.

Arrests: Yes.

Qualifying Crimes: Yes, from adults and minors. Booking Station Rapid Ready, but possible analysis issues.

Felonies, and enumerated misdemeanors: criminal sodomy (between two members of the same sex 16 or more years of age [though this criminal statute has been held unconstitutional as applied (i.e. if there is consent between the parties)], or between a person and an animal), lewd and lascivious behavior in the presence of a person 16 or more years of age, cruelty to animals, criminal restraint when the victim is less than 18 years of age, adultery when one party is less than 18 years of age, buying sexual relations when the offender is less than 18 years of age, sexual battery, aggravated sexual battery, and attempt or conspiracy to commit or criminal solicitation to commit of any of the above. Any person required to register as an offender pursuant to the Kansas Offender Registration Act. Any person convicted as an adult for a crime prior to May 2, 1991, who remains in custody.

Time of Collection: Generally taken “at the same time such person is fingerprinted pursuant to the booking procedure, or as soon as practicable.” A person convicted before May 2, 1991 who remains in custody gives the sample before final discharge or conditional release.

Expungement: On the person’s petition, the Kansas Bureau of Investigation must expunge the sample and record where a court finds there was no probable cause for the arrest, or the charges are otherwise dismissed and the case is not appealed. The same applies on petition where a conviction is overturned or expunged, or the person is otherwise acquitted.

Statutes / Case Law

KAN. STAT. ANN.

21–2511. COLLECTION OF BIOLOGICAL SAMPLES, FINGERPRINTS AND OTHER IDENTIFIERS FROM CERTAIN PERSONS; KANSAS BUREAU OF INVESTIGATION, POWERS AND DUTIES; EXPUNGEMENT OF SAMPLE AND PROFILE RECORD; FAILURE TO PROVIDE SAMPLE, PENALTIES; OTHER UNLAWFUL ACTS KAN. ADMIN. REGS.

§ 10-21-4 EXPUNGEMENT

State v. Biery, 318 P.3d 1020 (Kan. Ct. App. 2014) (“The statute does not violate the Fourth Amendment to the United States Constitution or § 15 of the Kansas Constitution Bill of Rights and is constitutional.”)

State v. Martinez, 78 P.3d 769 (Kan. 2003) (“The addition of burglary to the crimes included in [K.S.A. 21–2511] does not make the statute unconstitutional.”). Prior to sample collection, the arresting, charging, or custodial law enforcement or juvenile justice agency must search the Kansas criminal history files through the Kansas criminal justice information system to determine if such person’s sample is currently on file. A sample shall be collected on where there is no sample on file.

Convicted Offenders: Yes.

Qualifying Crimes: Felonies, plus enumerated misdemeanors: criminal sodomy (between members of the same sex 16 or older — a provision held unconstitutional as applied where the parties consent — or between a person and an animal); lewd and lascivious behavior in the presence of a person 16 or older; cruelty to animals; criminal restraint of a victim under 18; adultery where a party is under 18; buying sexual relations where the offender is under 18; sexual battery; aggravated sexual battery; and attempts, conspiracies, and criminal solicitations to commit any of these. Also covered: anyone required to register under the Kansas Offender Registration Act, and any person convicted as an adult before May 2, 1991 who remains in custody.

Time of Collection: Generally collected “at the same time such person is fingerprinted pursuant to the booking procedure, or as soon as practicable.” For persons convicted before May 2, 1991 who remain in custody, collection occurs before final discharge or conditional release.

Expungement: On petition, the Kansas Bureau of Investigation must expunge the sample and record where a court finds no probable cause supported the arrest, or the charges are otherwise dismissed and not appealed; likewise where the conviction is overturned or expunged, or the person is otherwise acquitted.

Statutes / Case Law

KAN STAT. ANN. § 21-2511. Collection of biological samples, fingerprints and other identifiers from certain persons; Kansas bureau of investigation, powers and duties; expungement of sample and profile record; failure to provide sample, penalties; other unlawful acts

KAN. ADMIN. REGS. § 10-21-4 Expungement

Kansas v. Biery, 318 P.3d 1020 (Kan. Ct. App. 2014) (“The statute does not violate the Fourth Amendment to the United States Constitution or § 15 of the Kansas Constitution Bill of Rights and is constitutional.”).

State v. Martinez, 78 P.3d 769 (Kan. 2003) (“The addition of burglary to the crimes included in [K.S.A. 21–2511] does not make the statute unconstitutional.”). Prior to sample collection, the arresting, charging, or custodial law enforcement or juvenile justice agency must search the Kansas criminal history files through the Kansas criminal justice information system to determine if such person’s sample is currently on file. A sample shall be collected on where there is no sample on file.

Legislative History

• SB 329 (1991) — L. 1991, ch. 92, § 1, approved April 23, 1991, effective on publication in the Kansas Register May 2, 1991. Created K.S.A. 21-2511. Required persons convicted of an unlawful sexual act under K.S.A. 21-3501(4) or an attempt, or of murder in the first or second degree (21-3401, 21-3402), incest (21-3602), aggravated incest (21-3603), or abuse of a child (21-3609), to submit blood and saliva specimens to the KBI regardless of sentence — reaching those convicted after the effective date, those institutionalized, and those already confined or serving a disposition. Set collection within 10 days of sentencing, as a probation condition, or immediately on arrival at the Topeka Correctional Facility, with pre-release collection for those already confined. Specified who may withdraw blood (licensed physician or supervisee, RN or LPN, qualified medical technician), granted civil and criminal immunity for good-faith collection, made the KBI the state central repository, directed it to build a statewide automated personal identification system for classifying, matching, and storing DNA analysis, made the results confidential and releasable only to law enforcement and prosecutors, and authorized KBI rulemaking under the Kansas Administrative Procedure Act.
• HB 3012 (1992) — L. 1992, ch. 143, § 1, approved April 16, 1992. Extended the mandate to juveniles adjudicated as juvenile offenders for the same crimes, inserting “or adjudicated as a juvenile offender because of the commission of” throughout the section. Added dispositions under K.S.A. 22-3717 and 38-1663 to the reach-back category, and added a new collection trigger: where a juvenile offender is placed in the custody of the Secretary of SRS, a youth residential facility, or a state youth center, specimens are obtained immediately upon arrival. Repealed and reenacted the existing section.
• SB 333 (1995) — L. 1995, ch. 218, § 1, approved April 22, 1995, published in the Kansas Register May 18, 1995. Carried in a controlled-substances bill but made three substantive DNA changes. Added the CODIS linkage — the genetic marker grouping analysis information and identification system must be compatible with FBI CODIS procedures, and the KBI may participate in CODIS by sharing data and using compatible test procedures, equipment, supplies, and software. Added an enforcement mechanism: failure to cooperate with collection, and any deliberate act intended to impede, delay, or stop collection, is punishable as contempt of court and constitutes grounds to revoke probation. Broadened the authorized collectors to include emergency medical technician-intermediates and mobile intensive care technicians as defined in K.S.A. 65-6112, and phlebotomists.
• HB 2741 (1996) — L. 1996, ch. 224, § 1, approved May 11, 1996. Expanded the qualifying offense list by adding indecent liberties with a child (21-3510), aggravated indecent liberties with a child (21-3511), and sexual exploitation of a child (21-3516), and extended every listed offense to cover attempt (21-3301), conspiracy (21-3302), and criminal solicitation (21-3303). Also recast the trigger as “convicted as an adult or adjudicated as a juvenile.” Bundled with amendments to related criminal procedure statutes including sex offender registration (22-4904, 22-4907).
• House Substitute for SB 69 (1997) — L. 1997, ch. 156, § 36, effective July 1, 1997. Part of the comprehensive overhaul of the Kansas Juvenile Justice Code. Section 36 amended 21-2511 to align DNA collection procedures with the newly restructured juvenile system, conforming cross-references and custody terminology to the reorganized code.
• SB 149 (1999) — L. 1999, ch. 164, § 3. A broad crimes, criminal procedure, and sentencing bill. Added all persons required to register under the Kansas Offender Registration Act (K.S.A. 22-4901 et seq.) as a standalone collection trigger, so any registrant must submit specimens regardless of whether the specific offense of conviction appeared on the enumerated list. Bundled with capital murder, sentencing, and dispositional alternative reforms.
• HB 2176 (2001) — L. 2001, ch. 208, § 2. Major expansion beyond sex and violent crimes. Added “any off-grid felony” and “any nondrug severity level 1 through 6 felony” as qualifying triggers, sweeping in all serious felonies, plus specific drug trafficking offenses at K.S.A. 65-4142 and 65-4159. Bundled with sex offender registration reforms.
• HB 2880 (2002) — L. 2002, ch. 128, § 1, approved May 16, 2002. Added age-based sexual misconduct triggers: unlawful sexual relations (21-3424) where the victim is under 18; buying sexual relations (21-3507) where the parties are under 18; indecent liberties under 21-3513(b)(1) where the parties are under 18; and promoting prostitution (21-3515) where the parties are under 18. Also addressed sexual assault victim examination procedures and KBI-approved sexual assault evidence collection kits.
• HB 2542 (2004) — L. 2004, ch. 11, § 1, approved March 29, 2004. Sweeping simplification: replaced the enumerated severity-level felony list with “any felony,” making every adult felony conviction and every juvenile felony adjudication a collection trigger. Expressly authorized the KBI to collect fingerprints and other biometric identifiers from all covered persons. A dedicated amendment to 21-2511 alone.
• HB 2554 (2006) — L. 2006, ch. 171, § 2. A criminal procedure bill on expungements and DNA specimen collection. Created the DNA Database Fund (K.S.A. 75-724) to underwrite KBI database operations, and expanded expungement, letting a person petition for destruction of the sample and profile record upon dismissal, acquittal, or overturned conviction. One of two 2006 amendments touching the section, which together produced a parallel provision at 21-2511a.
• House Substitute for SB 103 (2007) — L. 2007, ch. 145, § 2, approved April 18, 2007. Consolidated the statute by repealing 21-2511a and folding its provisions back into 21-2511. Updated CODIS compatibility language and amended the related collection-authority statutes (K.S.A. 22-2802, 22-2803, 22-2807) and the DNA database fee (K.S.A. 75-724).
• House Substitute for SB 262 (2010) — L. 2010, ch. 119, § 15. Primarily an emergency medical services scope-of-practice bill. Section 15 modernized 21-2511’s terminology from “blood and saliva specimens” to “biological samples,” and added a statutory definition — body tissue, fluid, or other bodily sample on which DNA analysis can be carried out. A conforming change driven by the EMS bill’s broader use of biological-sample terminology, but one that untethered the statute from two specific collection methods.
• Senate Substitute for HB 2448 (2014) — L. 2014, ch. 102, § 1, approved May 12, 2014. Major structural revision following Maryland v. King, 569 U.S. 435 (2013). Shifted collection from post-conviction to arrest-based: any adult arrested or charged with any felony, or with a qualifying misdemeanor, must submit a sample at booking. Added expungement rights keyed to arrest outcomes — if no probable cause is found or charges are dismissed, the KBI must destroy the sample and profile on petition. Added specific misdemeanor triggers (lewd and lascivious behavior in the presence of a minor; buying sexual relations where the offender is under 18). Required law enforcement to check KBI records before collecting to avoid duplicate samples.

No program or law found.

• No program or law found.
• Evidence of use:
  • Othram letter to Legislature requesting budget for FGG outsourcing – https://kslegislature.gov/b2025_26/committees/testimony/pdf/?apn=b2025_26/year2/senate/committees/ctte_s_wam_1/testimony/published/ctte_s_wam_1_20250306_03_testimony.html
  • Kansas Peace Officers Association – https://kpoa.org/event-5660226

No program or law found.

No program or law found.