[As Amended by House Committee of the Whole]
         
As Amended by House Committee
         
Session of 1999
         
HOUSE BILL No. 2500
         
By Committee on Judiciary
         
2-12
         
11             AN  ACT concerning crimes, punishment and criminal procedure; relat-
12             ing to the Kansas offender registration act; prescribing certain offender
13             registration requirements; penalties; relating to collection of speci-
14             mens; amending K.S.A. 22-4903 and K.S.A. 1998 Supp. 21-2511, 22-
15             4902, 22-4904, 22-4905, 22-4906 and 22-4908 and repealing the exist-
16             ing sections.
17      
18       Be it enacted by the Legislature of the State of Kansas:
19        [New Section.  1. Each school district shall provide mandatory
20       curriculum concerning the Kansas offender registration act for pu-
21       pils in grades seven through 12. Such curriculum shall include a
22       review of the Kansas offender registration act specifically discuss-
23       ing who is required to register, the types of offenses that if com-
24       mitted require registration and the terms of imprisonment for
25       committing such offenses.]
26             Section  1. [2.] K.S.A. 1998 Supp. 21-2511 is hereby amended to read
27       as follows: 21-2511. (a) Any person convicted as an adult or adjudicated
28       as a juvenile offender because of the commission of an unlawful sexual
29       act as defined in subsection (4) of K.S.A. 21-3501, and amendments
30       thereto, or convicted as an adult or adjudicated as a juvenile offender
31       because of the commission of a violation of K.S.A. 21-3401, 21-3402, 21-
32       3510, 21-3511, 21-3516, 21-3602, 21-3603 or 21-3609, and amendments
33       thereto, including an attempt, as defined in K.S.A. 21-3301, and amend-
34       ments thereto, conspiracy, as defined in K.S.A. 21-3302, and amendments
35       thereto, or criminal solicitation, as defined in K.S.A. 21-3303, and amend-
36       ments thereto, any offense which requires such person to register as an
37       offender pursuant to the Kansas offender registration act, K.S.A. 22-4901
38       et seq., or a violation of subsection (a)(1) of K.S.A. 21-3505, 21-3508, 21-
39       3602 or 21-3609 and amendments thereto, including an attempt, con-
40       spiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or
41       21-3303 and amendments thereto, of any such offenses provided in this
42       subsection regardless of the sentence imposed, shall be required to sub-

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  1       mit specimens of blood and saliva to the Kansas bureau of investigation
  2       in accordance with the provisions of this act, if such person is:
  3             (1) Convicted as an adult or adjudicated as a juvenile offender be-
  4       cause of the commission of a crime specified in subsection (a) on or after
  5       the effective date of this act;
  6             (2) ordered institutionalized as a result of being convicted as an adult
  7       or adjudicated as a juvenile offender because of the commission of a crime
  8       specified in subsection (a) on or after the effective date of this act; or
  9             (3) convicted as an adult or adjudicated as a juvenile offender because
10       of the commission of a crime specified in this subsection before the ef-
11       fective date of this act and is presently confined as a result of such con-
12       viction or adjudication in any state correctional facility or county jail or is
13       presently serving a sentence under K.S.A. 21-4603, 22-3717 or 38-1663,
14       and amendments thereto.
15             (b) Notwithstanding any other provision of law, the Kansas bureau of
16       investigation is authorized to obtain fingerprints and other identifiers for
17       all persons, whether juveniles or adults, covered by this act.
18             (c) Any person required by paragraphs (a)(1) and (a)(2) to provide
19       specimens of blood and saliva shall be ordered by the court to have spec-
20       imens of blood and saliva collected within 10 days after sentencing or
21       adjudication:
22             (1) If placed directly on probation, that person must provide speci-
23       mens of blood and saliva, at a collection site designated by the Kansas
24       bureau of investigation. Failure to cooperate with the collection of the
25       specimens and any deliberate act by that person intended to impede,
26       delay or stop the collection of the specimens shall be punishable as con-
27       tempt of court and constitute grounds to revoke probation;
28             (2) if sentenced to the secretary of corrections, the specimens of
29       blood and saliva will be obtained immediately upon arrival at the Topeka
30       correctional facility; or
31             (3) if a juvenile offender is placed in the custody of the commissioner
32       of juvenile justice, in a youth residential facility or in a juvenile correc-
33       tional facility, the specimens of blood and saliva will be obtained imme-
34       diately upon arrival.
35             (d) Any person required by paragraph (a)(3) to provide specimens of
36       blood and saliva shall be required to provide such samples prior to final
37       discharge or conditional release at a collection site designated by the
38       Kansas bureau of investigation.
39             (e) The Kansas bureau of investigation shall provide all specimen vi-
40       als, mailing tubes, labels and instructions necessary for the collection of
41       blood and saliva samples. The collection of samples shall be performed
42       in a medically approved manner. No person authorized by this section to
43       withdraw blood and collect saliva, and no person assisting in the collection

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  1       of these samples shall be liable in any civil or criminal action when the
  2       act is performed in a reasonable manner according to generally accepted
  3       medical practices. The withdrawal of blood for purposes of this act may
  4       be performed only by: (1) A person licensed to practice medicine and
  5       surgery or a person acting under the supervision of any such licensed
  6       person; (2) a registered nurse or a licensed practical nurse; or (3) any
  7       qualified medical technician including, but not limited to, an emergency
  8       medical technician-intermediate or mobile intensive care technician, as
  9       those terms are defined in K.S.A. 65-6112, and amendments thereto, or
10       a phlebotomist. The samples shall thereafter be forwarded to the Kansas
11       bureau of investigation for analysis and categorizing into genetic marker
12       groupings.
13             (f) The genetic marker groupings shall be maintained by the Kansas
14       bureau of investigation. The Kansas bureau of investigation shall establish,
15       implement and maintain a statewide automated personal identification
16       system capable of, but not limited to, classifying, matching and storing
17       analysis of DNA (deoxyribonucleic acid) and other biological molecules.
18       The genetic marker grouping analysis information and identification sys-
19       tem as established by this act shall be compatible with the procedures
20       specified by the federal bureau of investigation's combined DNA index
21       system (CODIS). The Kansas bureau of investigation may participate in
22       the CODIS program by sharing data and utilizing compatible test pro-
23       cedures, laboratory equipment, supplies and computer software.
24             (g) The genetic marker grouping analysis information obtained pur-
25       suant to this act shall be confidential and shall be released only to law
26       enforcement officers of the United States, of other states or territories,
27       of the insular possessions of the United States, or foreign countries duly
28       authorized to receive the same, to all law enforcement officers of the state
29       of Kansas and to all prosecutor's agencies.
30             (h) The Kansas bureau of investigation shall be the state central re-
31       pository for all genetic marker grouping analysis information obtained
32       pursuant to this act. The Kansas bureau of investigation may promulgate
33       rules and regulations for the form and manner of the collection of blood
34       and saliva samples and other procedures for the operation of this act. The
35       provisions of the Kansas administrative procedure act shall apply to all
36       actions taken under the rules and regulations so promulgated.
37             Sec.  2. [3.] K.S.A. 1998 Supp. 22-4902 is hereby amended to read
38       as follows: 22-4902. As used in this act, unless the context otherwise
39       requires:
40             (a) "Offender" means: (1) A sex offender as defined in subsection (b);
41       (2) a violent offender as defined in subsection (d); (3) any person who,
42       on and after the effective date of this act, is convicted of any of the
43       following crimes when the victim is less than 18 years of age:

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  1             (A) Kidnapping as defined in K.S.A. 21-3420 and amendments
  2       thereto, except by a parent;
  3             (B) aggravated kidnapping as defined in K.S.A. 21-3421 and amend-
  4       ments thereto; or
  5             (C) criminal restraint as defined in K.S.A. 21-3424 and amendments
  6       thereto, except by a parent;
  7             (4) any person convicted of any of the following criminal sexual con-
  8       duct if one of the parties involved the victim is less than 18 years of age
  9       and the offender is 19 or more years of age and four or more years
10       of age older than the victim:
11             (A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;
12             (B) criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-
13       3505, and amendments thereto;
14             (C) promoting prostitution as defined by K.S.A. 21-3513, and amend-
15       ments thereto;
16             (D) patronizing a prostitute as defined by K.S.A. 21-3515, and
17       amendments thereto;
18             (E) lewd and lascivious behavior as defined by K.S.A. 21-3508, and
19       amendment thereto; or
20             (F) unlawful sexual relations as defined by K.S.A. 21-3520, and
21       amendments thereto;
22             (5) any conviction for an offense in effect at any time prior to the
23       effective date of this act, that is comparable to any crime defined in sub-
24       section (3) or (4), or any federal or other state conviction for an offense
25       that under the laws of this state would be an offense defined in subsection
26       (3) or (4); or
27             (6) an attempt, conspiracy or criminal solicitation, as defined in
28       K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
29       fense defined in subsection (3) or (4).
30             Upon such conviction, the court shall certify that the person is an of-
31       fender subject to the provisions of K.S.A. 22-4901 et seq. and amend-
32       ments thereto and shall include this certification in the order of commit-
33       ment. Convictions which result from or are connected with the same act,
34       or result from crimes committed at the same time, shall be counted for
35       the purpose of this section as one conviction. Any conviction set aside
36       pursuant to law is not a conviction for purposes of this section. A convic-
37       tion from another state shall constitute a conviction for purposes of this
38       section.
39             (b) "Sex offender" includes any person who, after the effective date
40       of this act, is convicted of any sexually violent crime set forth in subsection
41       (c). Upon such conviction, the court shall certify that the person is a sex
42       offender and shall include this certification in the order of commitment.
43       Convictions which result from or are connected with the same act, or

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  1       result from crimes committed at the same time, shall be counted for the
  2       purpose of this section as one conviction. Any conviction set aside pur-
  3       suant to law is not a conviction for purposes of this section. A conviction
  4       from another state shall constitute a conviction for purposes of this sec-
  5       tion.
  6             (c) "Sexually violent crime" means:
  7             (1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
  8             (2) indecent liberties with a child as defined in K.S.A. 21-3503 and
  9       amendments thereto;
10             (3) aggravated indecent liberties with a child as defined in K.S.A. 21-
11       3504 and amendments thereto;
12             (4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of
13       K.S.A. 21-3505 and amendments thereto;
14             (5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and
15       amendments thereto;
16             (6) indecent solicitation of a child as defined by K.S.A. 21-3510 and
17       amendments thereto;
18             (7) aggravated indecent solicitation of a child as defined by K.S.A.
19       21-3511 and amendments thereto;
20             (8) sexual exploitation of a child as defined by K.S.A. 21-3516 and
21       amendments thereto;
22             (9) sexual battery as defined by K.S.A. 21-3517 and amendments
23       thereto;
24             (10) aggravated sexual battery as defined by K.S.A. 21-3518 and
25       amendments thereto;
26             (11) aggravated incest as defined by K.S.A. 21-3603 and amendments
27       thereto; or
28             (12) any conviction for a offense in effect at any time prior to the
29       effective date of this act, that is comparable to a sexually violent crime as
30       defined in subparagraphs (1) through (11), or any federal or other state
31       conviction for a felony offense that under the laws of this state would be
32       a sexually violent crime as defined in this section;
33             (13) an attempt, conspiracy or criminal solicitation, as defined in
34       K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of a sex-
35       ually violent crime, as defined in this section; or
36             (14) any act which at the time of sentencing for the offense has been
37       determined beyond a reasonable doubt to have been sexually motivated.
38       As used in this subparagraph, "sexually motivated" means that one of the
39       purposes for which the defendant committed the crime was for the pur-
40       pose of the defendant's sexual gratification.
41             (d) "Violent offender" includes any person who, after the effective
42       date of this act, is convicted of any of the following crimes:
43             (1) Capital murder as defined by K.S.A. 21-3439 and amendments

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  1       thereto;
  2             (2) murder in the first degree as defined by K.S.A. 21-3401 and
  3       amendments thereto;
  4             (3) murder in the second degree as defined by K.S.A. 21-3402 and
  5       amendments thereto;
  6             (4) voluntary manslaughter as defined by K.S.A. 21-3403 and amend-
  7       ments thereto;
  8             (5) involuntary manslaughter as defined by K.S.A. 21-3404 and
  9       amendments thereto; or
10             (6) any conviction for an offense in effect at any time prior to the
11       effective date of this act, that is comparable to any crime defined in this
12       subsection, or any federal or other state conviction for an offense that
13       under the laws of this state would be an offense defined in this subsection;
14       or
15             (7) an attempt, conspiracy or criminal solicitation, as defined in
16       K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
17       fense defined in this subsection.
18             Upon such conviction, the court shall certify that the person is an of-
19       fender subject to the provisions of K.S.A. 22-4901 et seq. and amend-
20       ments thereto and shall include this certification in the order of commit-
21       ment. Convictions which result from or are connected with the same act,
22       or result from crimes committed at the same time, shall be counted for
23       the purpose of this section as one conviction. Any conviction set aside
24       pursuant to law is not a conviction for purposes of this section. A convic-
25       tion from another state shall constitute a conviction for purposes of this
26       section.
27             (e) "Law enforcement agency having jurisdiction" means the sheriff
28       of the county in which the offender expects to reside upon the offender's
29       discharge, parole or release.
30             (f) "Aggravated offenses" means engaging in sexual acts involving
31       penetration with victims of any age through the use of force or the threat
32       of serious violence, or engaging in sexual acts involving penetration with
33       victims less than 14 years of age, and includes the following offenses:
34             (1) Rape as defined in subsection (a)(1)(A) and subsection (a)(2) of
35       K.S.A. 1998 Supp. 21-3502, and amendments thereto;
36             (2) aggravated criminal sodomy as defined in subsection (a)(1) and
37       subsection (a)(3)(A) of K.S.A. 21-3506, and amendments thereto; and
38             (3) any attempt, conspiracy or criminal solicitation, as defined in
39       K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
40       fense defined in subsection (f).
41             Sec.  3. [4.] K.S.A. 22-4903 is hereby amended to read as follows: 22-
42       4903. Any person who is required to register as provided in this act who
43       violates any of the provisions of this act is guilty of a class A nonperson

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  1       misdemeanor severity level 10, nonperson felony.
  2             Sec.  4. [5.] K.S.A. 1998 Supp. 22-4904 is hereby amended to read
  3       as follows: 22-4904. (a) (1) Except as provided in subsection (a)(2), within
  4       15 10 days of the offender coming into any county in which the offender
  5       resides or is temporarily domiciled for more than 15 10 days, the offender
  6       shall register with the sheriff of the county.
  7             (2) Within 15 10 days of the offender coming into any county in which
  8       the offender resides or temporarily resides for more than 15 10 days, any
  9       offender who has provided the information and completed and signed
10       the registration form as required in K.S.A. 22-4905 and amendments
11       thereto, shall verify with the sheriff of the county that the sheriff has
12       received such offender's information and registration form.
13             (3) For persons required to register as provided in subsection (a)(1),
14       the sheriff shall: (A) Explain the duty to register and the procedure for
15       registration;
16             (B) obtain the information required for registration as provided in
17       K.S.A. 22-4907 and amendments thereto;
18             (C) inform the offender that the offender must give written notice of
19       any change of address within 10 days of a change in residence to the law
20       enforcement agency where last registered and the Kansas bureau of
21       investigation;
22             (D) inform the offender that if the offender changes residence to
23       another state, the offender must inform the law enforcement agency
24       where last registered and the Kansas bureau of investigation of such
25       change in residence and must register in the new state within 10 days of
26       such change in residence; and
27             (E) require the offender to read and sign the registration form which
28       shall include a statement that the requirements provided in this subsec-
29       tion have been explained to the offender.
30             (4) Such sheriff, within three days of receipt of the initial registration
31       shall forward this information to the Kansas bureau of investigation.
32             (5) Notwithstanding any other provision of law, if a diversionary
33       agreement or probation order, either adult or juvenile, requires registra-
34       tion under the Kansas offender registration act then all provisions of that
35       act shall apply, except that the term of registration shall be controlled by
36       such diversionary agreement or probation order.
37             (b)  (1) If any person required to register as provided in this act
38       changes the address of the person's residence, the offender, within 10
39       days, shall inform in writing the Kansas bureau of investigation of the new
40       address.
41             (2) After receipt of the change of address, the Kansas bureau of in-
42       vestigation shall forward this information to the law enforcement agency
43       having jurisdiction of the new place of residence within 10 days of such

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  1       receipt of the change of address.
  2             (c) For any person required to register as provided in this act, every
  3       90 days after the person's initial registration date during the period the
  4       person is required to register, the following applies:
  5             (1) The Kansas bureau of investigation shall mail a nonforwardable
  6       verification form to the last reported address of the person.
  7             (2) The person shall mail the verification form to the Kansas bureau
  8       of investigation within 10 days after receipt of the form.
  9             (3) The verification form shall be signed by the person, and shall state
10       that the person still resides at the address last reported to the Kansas
11       bureau of investigation.
12             (4) If the person fails to mail the verification form to the Kansas
13       bureau of investigation within 10 days after receipt of the form, the person
14       shall be in violation of the Kansas offender registration act.
15             (5) Nothing contained in this section shall be construed to alleviate
16       any person required to register as provided in this act from meeting the
17       requirements prescribed in subsection (a)(1), (a)(2) and (b)(1).
18             Sec.  5. [6.] K.S.A. 1998 Supp. 22-4905 is hereby amended to read
19       as follows: 22-4905. (a) (1) Any offender, who is discharged or paroled
20       from a prison, hospital or other institution or facility involving a violation
21       of any crime as provided in subsection (a), (b) or (d) of K.S.A. 22-4902
22       and amendments thereto, prior to discharge, parole or release, shall be
23       informed by the staff of the facility in which the offender was confined
24       of the duty to register as provided in this act.
25             (2)  (A) The staff of the facility shall: (i) Explain the duty to register
26       and the procedure for registration;
27             (ii) obtain the information required for registration as provided in
28       K.S.A. 22-4907 and amendments thereto;
29             (iii) inform the offender that the offender must give written notice
30       of any change of address within 10 days of a change in residence to the
31       law enforcement agency where last registered and the Kansas bureau of
32       investigation;
33             (iv) inform the offender that if the offender changes residence to
34       another state, the offender must inform the law enforcement agency
35       where last registered and the Kansas bureau of investigation of such
36       change in residence and must register in the new state within 10 days of
37       such change in residence; and
38             (v) require the offender to read and sign the registration form which
39       shall include a statement that the requirements provided in this subsec-
40       tion have been explained to the offender.
41             (B) The staff of the facility shall give one copy of the form to the
42       person, within three days, and shall send two copies of the form provided
43       by subsection (2)(A)(v) to the Kansas bureau of investigation, which shall

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  1       then forward one copy to the law enforcement agency having jurisdiction
  2       where the person expects to reside upon discharge, parole or release. The
  3       Kansas bureau of investigation must immediately ensure that such infor-
  4       mation is entered in the state law enforcement record system. The Kansas
  5       bureau of investigation shall transmit such conviction data and finger-
  6       prints to the federal bureau of investigation.
  7             (b)  (1) Any offender who is released on probation, receives a sus-
  8       pended sentence, sentenced to community corrections or released on
  9       postrelease supervision because of the commission of any crime as pro-
10       vided in subsection (a), (b) or (d) of K.S.A. 22-4902 and amendments
11       thereto, prior to release, shall be informed of the offenders duty to reg-
12       ister as provided in this act by the court in which the offender is convicted.
13             (2)  (A) The court shall: (i) Explain the duty to register and the pro-
14       cedure for registration;
15             (ii) obtain the information required for registration as provided in
16       K.S.A. 22-4907 and amendments thereto;
17             (iii) inform the offender that the offender must give written notice
18       of any change of address within 10 days of a change in residence to the
19       law enforcement agency where last registered and the Kansas bureau of
20       investigation;
21             (iv) inform the offender that if the offender changes residence to
22       another state, the offender must inform the law enforcement agency
23       where last registered and the Kansas bureau of investigation of such
24       change in residence and must register in the new state within 10 days of
25       such change in residence; and
26             (v) require the offender to read and sign the registration form which
27       shall include a statement that the requirements provided in this subsec-
28       tion have been explained to the offender.
29             (B) The court shall give one copy of the form to the person and,
30       within three days, shall send two copies of the form provided by subsec-
31       tion (2)(A)(v) to the Kansas bureau of investigation which shall then for-
32       ward one copy to the law enforcement agency having jurisdiction where
33       the person expects to reside upon release. The Kansas bureau of inves-
34       tigation must immediately ensure that such information is entered in the
35       state law enforcement record system. The Kansas bureau of investigation
36       shall transmit such conviction data and fingerprints to the federal bureau
37       of investigation.
38             Sec.  6. [7.] K.S.A. 1998 Supp. 22-4906 is hereby amended to read
39       as follows: 22-4906. (a) Any person required to register as provided in
40       this act shall be required to register: (1) Upon the first conviction of a
41       sexually violent crime as defined in subsection (c) of K.S.A. 22-4902 and
42       amendments thereto, any offense as defined in subsection (a) of K.S.A.
43       22-4902 and amendments thereto or any offense as defined in subsection

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  1       (d) of K.S.A. 22-4902 and amendments thereto, if not confined, for a
  2       period of 10 years after conviction, or, if confined, for a period of 10 years
  3       after paroled, discharged or released; or (2) upon a second or subsequent
  4       conviction for such person's lifetime.
  5             (b) Upon the first conviction, liability for registration terminates, if
  6       not confined, at the expiration of 10 years from the date of conviction,
  7       or, if confined, at the expiration of 10 years from the date of parole,
  8       discharge or release, if the convicted offender does not again become
  9       liable to register as provided by this act during that period.
10             (c) Any On and after July 1, 1999, any person who has been con-
11       victed of an aggravated offense shall be required to register for such per-
12       son's lifetime.
13             Sec.  7. [8.] K.S.A. 1998 Supp. 22-4908 is hereby amended to read
14       as follows: 22-4908. (a) Any offender registered as provided in this act
15       may apply to the sentencing court for an order relieving the offender of
16       the duty of registration, except that no offender may apply as provided in
17       this section for an order relieving the offender of the duty of registration
18       until such offender has registered for a period of at least 10 years for each
19       conviction for which an offender must register as provided by this act.
20       The court shall hold a hearing on the application at which the applicant
21       and any interested persons may present witnesses and other evidence.
22             (b) At such hearing, if the person is a person who is required to
23       register due to a conviction of a sexually violent crime as defined in K.S.A.
24       22-4902 and amendments thereto, the court shall receive and consider a
25       report by a board composed of experts in the field of the behavior and
26       treatment of sexual offenders. Such board shall be appointed as provided
27       by rules and regulations promulgated by the attorney general. If, after
28       the hearing involving such person, the court finds by a preponderance of
29       the evidence that the sex offender is rehabilitated and that the sex of-
30       fender, does not suffer from a mental abnormality or personality disorder
31       that would make the person likely to engage in a predatory sexually violent
32       crime, the court shall grant an order relieving the offender of the duty of
33       further registration under this act. For purposes of this act, "mental ab-
34       normality" means a congenital or acquired condition affecting the emo-
35       tional or volitional capacity which predisposes the person to commit a
36       sexually violent crime in a degree constituting such person a menace to
37       the health and safety of others.
38             (c) If, after the hearing involving a person who is an offender who
39       was not required to register due to a conviction of a sexually violent crime
40       as defined in K.S.A. 22-4902 and amendments thereto, the court finds by
41       a preponderance of the evidence that the offender is rehabilitated, the
42       court shall grant an order relieving the offender of the duty of further
43       registration under this act.

HB 2500--Am. by HCW

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  1             (d) Any person registered as provided in this act may apply to the
  2       sentencing court for an order relieving such person of the duty of regis-
  3       tration for any conviction which has been set aside. The court shall hold
  4       a hearing on the application at which the applicant shall present evidence
  5       verifying that such applicant's conviction was set aside. If the court finds
  6       that the person's conviction was set aside, the court shall grant an order
  7       relieving the person of the duty of further registration under this act for
  8       any conviction which has been set aside. Such court granting such an
  9       order shall forward a copy of such order to the sheriff of the county in
10       which such person has registered and to the Kansas bureau of investi-
11       gation. Upon receipt of such copy of the order, such sheriff and the Kan-
12       sas bureau of investigation shall remove such person's name from the
13       registry for any conviction which has been set aside. Nothing contained
14       in this subsection shall relieve any person of the duty to register or any
15       other duty prescribed under this act for any conviction which has not
16       been set aside.
17             (e) Any person required to register as an offender pursuant to the
18       Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments
19       thereto, who has a second or subsequent conviction for an offense which
20       requires registration pursuant to such act, and any person who has been
21       convicted of an aggravated offense, shall not be granted an order relieving
22       the offender of further registration under this act.
23             New Sec.  8. [9.] Nothing in the Kansas offender registration act shall
24       create a cause of action against the state or an employee of the state acting
25       within the scope of the employee's employment as a result of requiring
26       an offender to register or an offender's failure to register. 
27       Sec.  9. [10.] K.S.A. 22-4903 and K.S.A. 1998 Supp. 21-2511, 22-
28       4902, 22-4904, 22-4905, 22-4906 and 22-4908 are hereby repealed.
29        Sec.  10. [11.] This act shall take effect and be in force from and after
30       its publication in the statute book.