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75-712. Same; powers and duties; criminal information records; availability of information collected; background investigations, contents, reports. (a) It is the duty of the members of the bureau to make full and complete investigations at the direction of the attorney general. Each member of the bureau shall possess all powers and privileges which are now or may be hereafter given to the sheriffs of Kansas.

(b) (1) The bureau shall acquire, collect, classify and preserve criminal identification and other crime records, and may exchange such criminal identification records with the duly authorized officials of governmental agencies, of states, cities and penal institutions.

(2) The bureau shall make available to the governor's domestic violence fatality review board crime record information related to domestic violence, including, but not limited to, type of offense, type of victim and victim relationship to offender, as found on the Kansas standard offense report. Such crime record information shall be made available only in a manner that does not identify individual offenders or victims.

(c) For purposes of carrying out the powers and duties of the bureau, the director may request and accept grants or donations from any person, firm, association or corporation or from the federal government or any federal agency and may enter into contracts or other transactions with any federal agency in connection therewith.

(d) The bureau shall conduct background investigations of: (1) Appointees to positions which are subject to confirmation by the senate of the state of Kansas; and (2) at the direction of the governor, all judicial appointments. The bureau shall require the appointee to be fingerprinted. The fingerprints shall be submitted to the bureau and to the federal bureau of investigation for the identification of the appointee and to obtain criminal history record information, including arrest and nonconviction data. Background reports may include criminal intelligence information and information relating to criminal and background investigations. Except as provided by this subsection, information received pursuant to this subsection shall be confidential and shall not be disclosed except to the appointing authority or as provided by K.S.A. 75-4315d, and amendments thereto. If the appointing authority is the governor, information received pursuant to this subsection also may be disclosed to the governor's staff as necessary to determine the appointee's qualifications.

(e) Reports of all investigations made by the members of the bureau shall be made to the attorney general of Kansas.

History: L. 1939, ch. 310, § 2; L. 1997, ch. 60, § 1; L. 1999, ch. 104, § 1; L. 2008, ch. 121, § 18; L. 2009, ch. 126, § 2; L. 2010, ch. 101, § 11; July 1, 2011.

Cross References to Related Sections:

Security conditions of employment, persons in data, telecommunications and other security-sensitive facilities, 75-3707e.

KBI duty to investigate death of an inmate in custody of secretary of corrections and a juvenile in custody of commissioner of juvenile justice, see 75-52,147.

KBI duty to investigate death of prisoner in custody of city or county, see 19-1935.

Attorney General's Opinions:

Assistance by state officials on federal property; coverage under Kansas Tort Claims Act. 2002-7.

CASE ANNOTATIONS

1. Mentioned; murder prosecution; no instructions given on second degree manslaughter; no error. State v. Noble, 175 Kan. 398, 400, 264 P.2d 479.

2. Attorney general's prosecutorial immunity extends to KBI personnel. Knight v. Neodesha Police Dept., 5 Kan. App. 2d 472, 478, 620 P.2d 837.

3. Mentioned in dissent; majority affirmed dismissal of theft and burglary charges even though sheriff accompanied by KBI agent when executing arrest warrant extraterritorially. State v. Hennessee, 232 Kan. 807, 810, 658 P.2d 1034 (1983).

4. Whether undersheriff with KBI agents had authority to seize evidence in adjacent county examined. U.S. v. Occhipinti, 998 F.2d 791, 799 (1993).

5. Search of defendant's home by police officers acting outside their jurisdiction not illegal where KBI assisting. U.S. v. Price, 75 F.3d 1440, 1443 (1996).


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