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22-4701. Definitions. As used in this act, unless the context clearly requires otherwise:

(a) "Central repository" means the criminal justice information system central repository created by this act and the juvenile offender information system created pursuant to K.S.A. 2022 Supp. 38-2326, and amendments thereto.

(b) "Criminal history record information" means all data initiated or collected by a criminal justice agency on a person pertaining to a reportable event, and any supporting documentation. Criminal history record information does not include:

(1) Data contained in intelligence or investigatory files or police work-product records used solely for police investigation purposes;

(2) wanted posters, police blotter entries, court records of public judicial proceedings or published court opinions;

(3) data pertaining to violations of the traffic laws of the state or any other traffic law or ordinance, other than vehicular homicide;

(4) presentence investigation and other reports prepared for use by a court in the exercise of criminal jurisdiction or by the governor in the exercise of the power of pardon, reprieve or commutation; or

(5) information regarding the release, assignment to work release, or any other change in custody status of a person confined by the department of corrections or a jail.

(c) "Criminal justice agency" means any government agency or subdivision of any such agency which is authorized by law to exercise the power of arrest, detention, prosecution, adjudication, correctional supervision, rehabilitation or release of persons suspected, charged or convicted of a crime and which allocates a substantial portion of its annual budget to any of these functions. The term includes, but is not limited to, the following agencies, when exercising jurisdiction over criminal matters or criminal history record information:

(1) State, county, municipal and railroad police departments, sheriffs' offices and countywide law enforcement agencies, correctional facilities, jails and detention centers;

(2) the offices of the attorney general, county or district attorneys and any other office in which are located persons authorized by law to prosecute persons accused of criminal offenses;

(3) the district courts, the court of appeals, the supreme court, the municipal courts and the offices of the clerks of these courts;

(4) the Kansas sentencing commission; and

(5) the prisoner review board.

(d) "Criminal justice information system" means the equipment, including computer hardware and software, facilities, procedures, agreements and personnel used in the collection, processing, preservation and dissemination of criminal history record information and any electronically stored information from a state agency or municipality.

(e) "Electronically stored information" means any documents or writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations stored in any medium from which information can be obtained either directly or, if necessary, after translation from a state agency or municipality into a reasonably useable form.

(f) "Director" means the director of the Kansas bureau of investigation.

(g) "Disseminate" means to transmit criminal history record information in any oral or written form. The term does not include:

(1) The transmittal of such information within a criminal justice agency;

(2) the reporting of such information as required by this act; or

(3) the transmittal of such information between criminal justice agencies in order to permit the initiation of subsequent criminal justice proceedings against a person relating to the same offense.

(h) "Reportable event" means an event specified or provided for in K.S.A. 22-4705, and amendments thereto.

History: L. 1978, ch. 118, § 1; L. 1982, ch. 182, § 125; L. 1983, ch. 140, § 5; L. 1990, ch. 115, § 2; L. 1996, ch. 229, § 27; L. 1997, ch. 156, § 39; L. 2006, ch. 169, § 101; L. 2011, ch. 100, § 11; L. 2012, ch. 16, § 24; L. 2013, ch. 10, § 2; L. 2015, ch. 3, § 1; L. 2016, ch. 31, § 1; July 1.

Cross References to Related Sections:

Juvenile offender information system, see 38-2325, 38-2326.

Children in need of care, information, see 20-319.

Law Review and Bar Journal References:

“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).

“The Right to Be Let Alone: The Kansas Right of Privacy,” J. Lyn Entrikin, 53 W.L.J. 207 (2014).

Attorney General’s Opinions:

Jail calendars; public and confidential records. 79-209.

Disclosure of arrests not resulting in conviction; motor vehicle accident reports. 80-11.

Law enforcement training center; requirements for admission. 80-225.

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

Criminal history record information; management control of division of information systems and computing. 84-26.

Homes for children; persons prohibited from employment therein; effect of expungement of offense. 84-115.

Persons prohibited from operating maternity hospitals and homes for children; effect of expungement of prior conviction. 85-50.

District coroner; disclosure of coroner’s records. 86-5.

Open records; law enforcement records; jail book, standard offense report, mug shots. 87-25.

Breath test machine results log is criminal investigation record; not required to be disclosed to public. 87-63.

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

Provisions of diversion agreements; open public records. 94-7.

Juveniles; collection of blood and saliva specimens; fingerprinting by KBI. 95-63.

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.


1. 22-4712 construed as part of act and held inapplicable to district court records of criminal proceedings. Stephens v. Van Arsdale, 227 K. 676, 684, 608 P.2d 972.

2. Sheriff’s office is a criminal justice agency. Chamberlain v. Buhrman, 250 K. 277, 280, 281, 825 P.2d 168 (1992).

3. 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 K. 559, 582, 836 P.2d 1169 (1992).

4. Inmate has right to inspect and challenge KDOC’s records concerning reportable events. Hundley v. McKune, 23 K.A.2d 187, 190, 929 P.2d 1382 (1996).

5. Trial court consideration of defendant’s similar prior arrests to support probable cause to issue search warrant upheld. State v. Ruff, 266 K. 27, 38, 967 P.2d 742 (1998).

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