Session of 1999
         
HOUSE BILL No. 2307
         
By Committee on Judiciary
          
2-5
          
  9             AN ACT concerning crimes and punishments; revising the definition of
10             conviction; amending K.S.A. 21-3110 and repealing the existing
11             section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section 1.   K.S.A. 21-3110 is hereby amended to read as follows: 21-
15       3110. The following definitions shall apply when the words and phrases
16       defined are used in this code, except when a particular context clearly
17       requires a different meaning.
18             (1)   "Act" includes a failure or omission to take action.
19             (2)   "Another" means a person or persons as defined in this code other
20       than the person whose act is claimed to be criminal.
21             (3)   "Conduct" means an act or a series of acts, and the accompanying
22       mental state.
23             (4)   "Conviction" includes a judgment of guilt entered upon a plea of
24       guilty and revocation of a stay of execution of an adult criminal sentence
25       following termination of status as an extended jurisdiction juvenile pur-
26       suant to K.S.A. 1998 Supp. 38-16,126, and amendments thereto.
27             (5)   "Deception" means knowingly and willfully making a false state-
28       ment or representation, express or implied, pertaining to a present or past
29       existing fact.
30             (6)   To "deprive permanently" means to:
31             (a)   Take from the owner the possession, use or benefit of his or her
32       property, without an intent to restore the same; or
33             (b)   Retain property without intent to restore the same or with intent
34       to restore it to the owner only if the owner purchases or leases it back,
35       or pays a reward or other compensation for its return; or
36             (c)   Sell, give, pledge or otherwise dispose of any interest in property
37       or subject it to the claim of a person other than the owner.
38             (7)   "Dwelling" means a building or portion thereof, a tent, a vehicle
39       or other enclosed space which is used or intended for use as a human
40       habitation, home or residence.
41             (8)   "Forcible felony" includes any treason, murder, voluntary man-
42       slaughter, rape, robbery, burglary, arson, kidnapping, aggravated battery,
43       aggravated sodomy and any other felony which involves the use or threat

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  1       of physical force or violence against any person.
  2             (9)   "Intent to defraud" means an intention to deceive another person,
  3       and to induce such other person, in reliance upon such deception, to
  4       assume, create, transfer, alter or terminate a right, obligation or power
  5       with reference to property.
  6             (10)   "Law enforcement officer" means any person who by virtue of
  7       such person's office or public employment is vested by law with a duty
  8       to maintain public order or to make arrests for crimes, whether that duty
  9       extends to all crimes or is limited to specific crimes or any officer of the
10       Kansas department of corrections or for the purposes of K.S.A. 21-3409,
11       21-3411 and 21-3415 and subsection (a)(2) of K.S.A. 21-3413 and amend-
12       ments thereto, any employee of the Kansas department of corrections.
13             (11)   "Obtain" means to bring about a transfer of interest in or pos-
14       session of property, whether to the offender or to another.
15             (12)   "Obtains or exerts control" over property includes but is not
16       limited to, the taking, carrying away, or the sale, conveyance, or transfer
17       of title to, interest in, or possession of property.
18             (13)   "Owner" means a person who has any interest in property.
19             (14)   "Person" means an individual, public or private corporation, gov-
20       ernment, partnership, or unincorporated association.
21             (15)   "Personal property" means goods, chattels, effects, evidences of
22       rights in action and all written instruments by which any pecuniary obli-
23       gation, or any right or title to property real or personal, shall be created,
24       acknowledged, assigned, transferred, increased, defeated, discharged, or
25       dismissed.
26             (16)   "Property" means anything of value, tangible or intangible, real
27       or personal.
28             (17)   "Prosecution means all legal proceedings by which a person's
29       liability for a crime is determined.
30             (18)   "Public employee" is a person employed by or acting for the
31       state or by or for a county, municipality or other subdivision or govern-
32       mental instrumentality of the state for the purpose of exercising their
33       respective powers and performing their respective duties, and who is not
34       a "public officer."
35             (19)   "Public officer" includes the following, whether elected or
36       appointed:
37             (a)   An executive or administrative officer of the state, or a county,
38       municipality or other subdivision or governmental instrumentality of or
39       within the state.
40             (b)   A member of the legislature or of a governing board of a county,
41       municipality, or other subdivision of or within the state.
42             (c)   A judicial officer, which shall include a judge of the district court,
43       juror, master or any other person appointed by a judge or court to hear

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  1       or determine a cause or controversy.
  2             (d)   A hearing officer, which shall include any person authorized by
  3       law or private agreement, to hear or determine a cause or controversy
  4       and who is not a judicial officer.
  5             (e)   A law enforcement officer.
  6             (f)   Any other person exercising the functions of a public officer under
  7       color of right.
  8             (20)   "Real property" or "real estate" means every estate, interest, and
  9       right in lands, tenements and hereditaments.
10             (21)   "Solicit" or "solicitation" means to command, authorize, urge,
11       incite, request, or advise another to commit a crime.
12             (22)   "State" or "this state" means the state of Kansas and all land and
13       water in respect to which the state of Kansas has either exclusive or con-
14       current jurisdiction, and the air space above such land and water. "Other
15       state" means any state or territory of the United States, the District of
16       Columbia and the Commonwealth of Puerto Rico.
17             (23)   "Stolen property" means property over which control has been
18       obtained by theft.
19             (24)   "Threat" means a communicated intent to inflict physical or
20       other harm on any person or on property.
21             (25)   "Written instrument" means any paper, document or other in-
22       strument containing written or printed matter or the equivalent thereof,
23       used for purposes of reciting, embodying, conveying or recording infor-
24       mation, and any money, token, stamp, seal, badge, trademark, or other
25       evidence or symbol of value, right, privilege or identification, which is
26       capable of being used to the advantage or disadvantage of some person. 
27       Sec. 2.   K.S.A. 21-3110 is hereby repealed.
28        Sec. 3.   This act shall take effect and be in force from and after its
29       publication in the statute book.