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22-4707. Restrictions on dissemination of criminal history record information; penalties. (a) A criminal justice agency and the central repository may not disseminate criminal history record information except in strict accordance with laws including applicable rules and regulations adopted pursuant to this act. A criminal justice agency may not request such information from the central repository or another criminal justice agency unless it has a legitimate need for the information.

(b) Noncriminal justice persons and agencies may receive criminal history record information for such purposes and under such conditions as may be authorized by law, including rules and regulations adopted pursuant to this act.

(c) In addition to any other remedy or penalty authorized by law, any individual violating or causing a violation of the provisions of this section shall be deemed guilty of a class A nonperson misdemeanor. If the person is employed or licensed by a state or local government agency, a conviction shall constitute good cause to terminate employment or to revoke or suspend a license.

History: L. 1978, ch. 118, § 7; L. 1995, ch. 251, § 18; July 1.

Law Review and Bar Journal References:

"Kansas Diversion: Defendant's Remedies and Prosecutorial Opportunities," Joseph Brian Cox, 20 W.L.J. 344, 362 (1981).

"Kansas Sunshine Law: How Bright Does It Shine Now? The Kansas Open Meetings and Open Records Acts," Theresa "Terry" Marcel, 72 J.K.B.A. No. 5, 28 (2003).

"Practical use of Criminal History Information by Kansas Employers," Brent N. Coverdale, 75 J.K.B.A. No. 2, 16 (2006).

Attorney General's Opinions:

Criminal history record information; restriction on dissemination. 82-36.

Serious traffic offenses; driving under influence of alcohol or drugs; work release for multiple offenders. 84-9.

Incident based reporting system codes are public records; not subject to criminal investigation records exception. 93-9.

Juvenile offenders; application of Kansas offender registration act and the juvenile offender information system. 97-101.

Application of Kansas Open Records Act to information in Kansas Standard Offense Report and Standard Arrest Report. 1998-38.

Expunged municipal court records may be released to "criminal justice agency" having legitimate need for such. 2002-14.

Discusses whether records of "custody time," the amount of time a person has been incarcerated, are open or closed depending on holder of records. 2002-29.

CASE ANNOTATIONS

1. Mentioned in holding K.S.A. 22-4712 inapplicable to district court records of criminal proceedings. Stephens v. Van Arsdale, 227 Kan. 676, 685, 608 P.2d 972.

2. Cited in opinion Governor lacked legislative authority to bind state in negotiating with Kickapoo nation on gaming compact. State ex rel Stephan v. Finney, 251 Kan. 559, 582, 836 P.2d 1169 (1992).

3. Police chief who conducted criminal history check for illegitimate reason not immune under KTCA (K.S.A. 75-6101 et seq.). Patrick v. City of Overland Park, Kan., 937 F. Supp. 1491, 1495 (1996).


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