Session of 1998
SENATE BILL No. 584
By Committee on Judiciary
2-3
9
AN ACT concerning crimes, criminal procedure
and punishment; relating
10 to time limitations
for prosecution; amending K.S.A. 1997 Supp. 21-
11 3106 and repealing the
existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 21-3106 is hereby amended to read as
15 follows: 21-3106. (1) A prosecution for
murder may be commenced at
16 any time.
17 (2) Except as
provided by subsection (7), a prosecution for any of
the
18 following crimes must be commenced
within five years after its commis-
19 sion if the victim is less than 16
years of age: (a) Indecent liberties with
20 a child as defined in K.S.A.
21-3503 and amendments thereto; (b) aggra-
21 vated indecent liberties with a
child as defined in K.S.A. 21-3504 and
22 amendments thereto; (c) enticement
of a child as defined in K.S.A. 21-
23 3509 and amendments thereto; (d)
indecent solicitation of a child as de-
24 fined in K.S.A. 21-3510 and
amendments thereto; (e) aggravated indecent
25 solicitation of a child as defined
in K.S.A. 21-3511 and amendments
26 thereto; (f) sexual exploitation of
a child as defined in K.S.A. 21-3516 and
27 amendments thereto; or (g)
aggravated incest as defined in K.S.A. 21-
28 3603 and amendments
thereto.
29
(3) Except as provided in subsection
(7) (4), a prosecution for any
30 crime must be commenced within 10 years
after its commission if the
31 victim is the Kansas public employees
retirement system.
32 (4) Except as
provided by subsection (7), a prosecution for rape, as
33 defined in K.S.A. 21-3502 and
amendments thereto, or aggravated crim-
34 inal sodomy, as defined in K.S.A.
21-3506 and amendments thereto, must
35 be commenced within five years
after its commission.
36 (5) Except as
provided in subsection (7), a prosecution for any
crime
37 found in the Kansas medicaid fraud
control act must be commenced
38 within five years after its
commission.
39 (6)
(3) Except as provided by subsection
(7) (4), a prosecution for any
40 crime not governed by subsections
(1), and (2), (3), (4) and
(5) must be
41 commenced within two
five years after it is committed.
42 (7)
(4) The period within which a prosecution must be
commenced
43 shall not include any period in which:
SB 584
2
1 (a) The accused is
absent from the state;
2 (b) the accused is
concealed within the state so that process cannot
3 be served upon the accused;
4 (c) the fact of
the crime is concealed;
5 (d) a prosecution
is pending against the defendant for the same con-
6 duct, even if the indictment or
information which commences the pros-
7 ecution is quashed or the proceedings
thereon are set aside, or are re-
8 versed on appeal;
9 (e) an
administrative agency is restrained by court order from inves-
10 tigating or otherwise proceeding on a
matter before it as to any criminal
11 conduct defined as a violation of any of
the provisions of article 41 of
12 chapter 25 and article 2 of chapter 46 of
the Kansas Statutes Annotated
13 which may be discovered as a result thereof
regardless of who obtains
14 the order of restraint; or
15 (f) whether or not the
fact of the crime is concealed by the active act
16 or conduct of the accused, there is
substantially competent evidence to
17 believe two or more of the following
factors are present: (i) The victim
18 was a child under 15 years of age at the
time of the crime; (ii) the victim
19 was of such age or intelligence that the
victim was unable to determine
20 that the acts constituted a crime; (iii)
the victim was prevented by a parent
21 or other legal authority from making known
to law enforcement author-
22 ities the fact of the crime whether or not
the parent or other legal au-
23 thority is the accused; and (iv) there is
substantially competent expert
24 testimony indicating the victim
psychologically repressed such witness'
25 memory of the fact of the crime, and in the
expert's professional opinion
26 the recall of such memory is accurate and
free of undue manipulation,
27 and substantial corroborating evidence can
be produced in support of the
28 allegations contained in the complaint or
information but in no event may
29 a prosecution be commenced as provided in
this section later than the
30 date the victim turns 28 years of age.
Corroborating evidence may in-
31 clude, but is not limited to, evidence the
defendant committed similar
32 acts against other persons or evidence of
contemporaneous physical man-
33 ifestations of the crime. ``Parent or other
legal authority'' shall include
34 but not be limited to natural and
stepparents, grandparents, aunts, uncles
35 or siblings.
36 (8)
(5) An offense is committed either when every element
occurs,
37 or, if a legislative purpose to prohibit a
continuing offense plainly appears,
38 at the time when the course of conduct or
the defendant's complicity
39 therein is terminated. Time starts to run
on the day after the offense is
40 committed.
41 (9)
(6) A prosecution is commenced when a complaint or
information
42 is filed, or an indictment returned, and a
warrant thereon is delivered to
43 the sheriff or other officer for execution.
No such prosecution shall be
SB 584
3
1 deemed to have been commenced if the
warrant so issued is not executed
2 without unreasonable delay.
3
Sec. 2. K.S.A. 1997 Supp. 21-3106 is hereby repealed.
4 Sec. 3. This
act shall take effect and be in force from and after its
5 publication in the statute book.
6
7