Administering Entity
Kansas Bureau of Investigation (KBI)
Recent / Pending Legislation
- HB 2129 (2023, died) – This post-conviction bill 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
L. 1991, ch. 92, § 1 [PENDING] Original enactment of 21-2511; effective May 2, 1991
L. 1992, ch. 143, § 1 [PENDING] First amendment
L. 1995, ch. 218, § 1 [PENDING] Third amendment
L. 1996, ch. 224, § 1 — House Bill No. 2741 Expanded the list of qualifying offenses triggering DNA collection, adding specific violent and sex crimes (K.S.A. 21-3401, 21-3402, 21-3510, 21-3511, 21-3516, 21-3602, 21-3603, 21-3609) and their attempts, conspiracies, and criminal solicitations. Also amended related criminal procedure statutes including sex offender registration provisions.
L. 1997, ch. 156, § 36 — House Substitute for Senate Bill No. 69 Part of a comprehensive overhaul of the Kansas Juvenile Justice Code. Section 36 amended 21-2511 to clarify and align DNA collection procedures for juvenile offenders under the newly restructured juvenile justice system. Effective July 1, 1997.
L. 1999, ch. 164, § 3 — Senate Bill No. 149 Part of a broad criminal procedure and sentencing reform bill. Added all persons required to register under the Kansas Offender Registration Act (K.S.A. 22-4901 et seq.) as a standalone trigger for DNA collection — meaning any registered offender must submit specimens regardless of whether their specific offense was listed. Bundled with capital murder, sentencing, and dispositional alternative reforms.
L. 2001, ch. 208, § 2 — House Bill No. 2176 Major expansion of the qualifying offense list. Added “any off-grid felony” and “any nondrug severity level 1 through 6 felony” — broadening DNA collection far beyond sex crimes to all serious felonies. Also added specific drug trafficking offenses (K.S.A. 65-4142, 65-4159). Bundled with sex offender registration reforms.
L. 2002, ch. 128, § 1 — House Bill No. 2880 Added several age-based sexual misconduct offenses as qualifying triggers: unlawful sexual relations (21-3424) when victim under 18; buying sexual relations (21-3507) when parties under 18; indecent liberties (21-3513(b)(1)) when parties under 18; and promoting prostitution (21-3515) when parties under 18. Also related to sexual assault victim examination procedures.
L. 2004, ch. 11, § 1 — House Bill No. 2542 Sweeping expansion: replaced the enumerated severity-level felony list with “any felony,” making every adult felony conviction and juvenile felony adjudication a DNA collection trigger. Expressly authorized the KBI to collect fingerprints and other biometric identifiers from all covered persons. Dedicated amendment to 21-2511 only.
L. 2006, ch. 171, § 2 — House Bill No. 2554 Created the DNA Database Fund (codified at K.S.A. 75-724) to fund KBI database operations. Expanded expungement provisions allowing persons to petition for destruction of samples and profile records upon dismissal, acquittal, or overturned conviction. This bill was one of two 2006 amendments that produced a parallel section (21-2511a), which was later consolidated.
L. 2007, ch. 145, § 2 — House Substitute for Senate Bill No. 103 Consolidated the statute by repealing 21-2511a (the parallel version created in 2006) and folding its provisions back into 21-2511. Updated CODIS compatibility language and amended related statutes governing DNA collection authority (K.S.A. 22-2802, 22-2803, 22-2807) and the DNA database fee (K.S.A. 75-724).
L. 2010, ch. 119, § 15 — House Substitute for Senate Bill No. 262 Primarily an emergency medical services reform bill. Section 15’s amendment to 21-2511 updated specimen terminology from “blood and saliva specimens” to “biological samples” and added a statutory definition of “biological sample” (body tissue, fluid, or other bodily sample on which DNA analysis can be carried out) — a technical conforming change driven by the EMS bill’s broader use of biological sample terminology.
L. 2014, ch. 102, § 1 — Senate Substitute for House Bill No. 2448 Major structural revision following Maryland v. King (2013). Shifted collection from post-conviction to arrest-based: any adult arrested or charged with any felony (or 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 upon petition. Added specific misdemeanor triggers (lewd behavior in presence of a minor; buying sexual relations when offender under 18). Required law enforcement to check KBI records before collecting a new sample to avoid duplicates. Approved May 12, 2014.
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.