K.S.A. Chapter 75

Article 7 Attorney General

Select Statutes Relating to KBI Including Missing Persons, Criminal History Records Checks, DARE, Oral Fluid Testing

Current through end of 2024 Session

 

75-712          Kansas bureau of investigation; powers and duties; criminal information records; availability of information collected; fingerprinting; background investigations, contents, reports.

75-712b        Same; missing and unidentified person system; reporting; availability of information; rules and regulations; failure to report.

75-712c        Same; reports of missing persons; duties of law enforcement agencies.

75-712d        Same; missing and unidentified person information clearinghouse.

75-712f         Report of missing person required, when; notice of person's return.

75-712g        Report of unidentified person or human remains; duties of law enforcement agency and coroner; disposal of remains.

75-712h        Director authorized to adopt rules and regulations for preliminary screening devices for testing of oral fluid for law enforcement purposes.

75-712i         Criminal history record checks; certain qualified entities that provide care to children, the elderly or individuals with disabilities.

75-712j         Criminal history record check; retention of fingerprints; limitations on disclosure of records; disclosure in violation of act, criminal penalty; enrollment in rap back program.

75-721          Statewide drug abuse resistance education (D.A.R.E.) coordinator; duties.

75-723          Abuse, neglect and exploitation of persons unit; confidentiality of investigations; reports forwarded to unit; report to legislature; rules and regulations; prohibition on use of funds; contracting.

75-754          Kansas silver alert plan; purpose and procedure.

75-754a        Kansas purple alert plan; purpose and procedure.

75-771          Kansas victim information and notification everyday (VINE) coordinator; duties; advisory board.

75-774          Coordination of training for law enforcement agencies regarding missing and murdered indigenous persons.

75-782          Kansas elder and dependent adult abuse multidisciplinary team coordinator; appointment by the attorney general; teams, membership; duties.


75-712. Kansas bureau of investigation; powers and duties; criminal information records; availability of information collected; fingerprinting; 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)   (1)   The bureau shall conduct background investigations of:

                (A)   Appointees to positions which are subject to confirmation by the senate of the state of Kansas; and

                (B)   at the direction of the governor, all judicial appointments.

        (2)   The bureau shall require the appointee to be fingerprinted in accordance with K.S.A. 2024 Supp. 22-4714, 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; L. 2024, ch. 15, § 86; July 1.


75-712b. Same; missing and unidentified person system; reporting; availability of information; rules and regulations; failure to report.

(a)   The Kansas bureau of investigation shall establish a missing and unidentified person system which shall be a central repository of information received by law enforcement agencies and coroners in this state relating to persons who have been reported missing or are unidentified. Such information shall be maintained for the purpose of improving the ability of law enforcement to locate and return missing persons, identify persons or human remains and inform and notify, in a timely manner, family members of missing or unidentified persons.

(b)   All law enforcement agencies and coroners in this state shall report to the missing and unidentified person system established pursuant to this section all information received relating to missing persons or unidentified persons or human remains. Such reports shall be made in accordance with rules and regulations adopted pursuant to this section.

(c)    The information in the missing and unidentified person system established pursuant to this section shall be available to all law enforcement officers and coroners in this state and all governmental entities in this state which have a need for information relating to missing persons or unidentified persons or human remains in this state, in accordance with rules and regulations adopted pursuant to this section.

(d)   Upon receiving information that any person is a high-risk missing person, as described in K.S.A. 75-712c, and amendments thereto, the director of the missing and unidentified person system shall immediately provide information concerning such missing person to every law enforcement agency within the state.

(e)   The director of the Kansas bureau of investigation may apply for, accept and expend grants, gifts and bequests from any source for the purpose of carrying out the provisions of this section.

(f)    The director of the Kansas bureau of investigation shall adopt rules and regulations prescribing:

        (1)   Procedures and forms for reports made to the missing and unidentified person system established pursuant to this section; and

        (2)   procedures for disseminating information maintained in the missing person system to law enforcement agencies and the federal bureau of investigation as authorized by this section.

(g)   Any law enforcement agency or coroner that willfully fails to make any report required by this section shall be liable to the state for the payment of a civil penalty, recoverable in an action brought by the attorney general, in an amount not exceeding $500 for each report not made. Any civil penalty recovered under this subsection shall be paid into the state general fund.

History: L. 1984, ch. 115, § 3; L. 1987, ch. 331, § 2; L. 2006, ch. 37, § 1; L. 2013, ch. 43, § 1; July 1.


75-712c. Same; reports of missing persons; duties of law enforcement agencies.

(a)   (1)   All law enforcement agencies of the state of Kansas, or any political subdivision thereof, shall accept and process, without delay, any report of a missing person by any person at any time pursuant to K.S.A. 75-712b through 75-712e, and amendments thereto, and K.S.A. 75-712f through 75-712h, and amendments thereto.

        (2)   No law enforcement agency shall refuse or otherwise fail to accept a missing person report for any reason except when the law enforcement agency:

                (A)   Knows the location of the person reported missing;

                (B)   has confirmed the safe status of the person reported missing; or

                (C)   has confirmed that another law enforcement agency has already completed a report on the missing person incident.

 

        (3)   The reports shall be entered into the missing person system of the national crime information center and the missing and unidentified person system of the Kansas bureau of investigation within two hours of receipt of the minimum data required to enter a record into such system, except as provided in subsection (e)(4).

        (4)   The law enforcement agency immediately shall commence an investigation based upon the elements of the initial reports.

(b)   The law enforcement agency shall provide the person making such report with contact information and information concerning the national center for missing and exploited children and the national center for missing adults.

(c)    Within a reasonable period of time, and in no case longer than 30 calendar days, follow-up forms from the national crime information center or the Kansas bureau of investigation, or both, shall be given to the reporting party, to be completed and returned to the law enforcement agency. The data reported on the follow-up forms shall be entered immediately into the missing person system of the national crime information center and the missing and unidentified person system of the Kansas bureau of investigation.

(d)   The reporting party shall be advised to immediately notify the law enforcement agency in the event the missing person returns or is located. Except as provided further, the law enforcement agency shall immediately notify the reporting party if the missing person is located or contacted. The law enforcement agency investigating the report shall not give information to the reporting party if the law enforcement agency has reason to believe the missing person is an adult or an emancipated minor and is staying at or has made contact with a domestic violence or sexual assault program and does not expressly consent to the release of this information. Upon location of or contact by the missing person, the law enforcement agency shall clear the case in the national crime information center and Kansas bureau of investigation databases.

(e)   (1)   Upon receipt of a missing person report, the law enforcement agency shall immediately determine whether such person may be a high-risk missing person.

        (2)   Upon obtaining any new information concerning the missing person at any time, the law enforcement agency shall evaluate whether such person may be a high-risk missing person.

        (3)   A high-risk missing person means any person who is at heightened risk of bodily harm or death, including, but not limited to, persons missing:

                (A)   As a result of an abduction;

                (B)   under suspicious or known dangerous circumstances;

                (C)   more than 30 days;

                (D)  who have been designated as high-risk missing persons by another law enforcement agency; or

                (E)   under any facts or circumstances that would lead the law enforcement agency to believe such person may be at risk of bodily harm or death.

        (4)   Upon a determination that a missing person is a high-risk missing person, the law enforcement agency shall immediately and specifically make such determination known to the missing and unidentified person system of the Kansas bureau of investigation and cause the information to be entered into the missing person system of the national crime information center as soon as possible after the minimum information to make such entry is received.

History: L. 1986, ch. 155, § 1; L. 1987, ch. 331, § 3; L. 2006, ch. 37, § 2; L. 2013, ch. 43, § 2; L. 2016, ch. 9, § 1; March 31


75-712d. Same; missing and unidentified person information clearinghouse.

(a)   The Kansas bureau of investigation shall establish a missing and unidentified person information clearinghouse. Such clearinghouse shall be a central repository of information relating to missing and unidentified persons and shall include all information currently entered in the missing and unidentified person system of the Kansas bureau of investigation pursuant to K.S.A. 75-712c, and amendments thereto.

(b)   The missing and unidentified persons information clearinghouse shall:

        (1)   Collect, process, maintain and disseminate statistics and other information relating to missing and unidentified persons in this state;

        (2)   develop and maintain a system of communication, cooperation and coordination among organizations and agencies within this state which deal with missing persons or unidentified persons or human remains;

        (3)   cooperate and coordinate with organizations and agencies in other states and agencies of the federal government in efforts to locate missing persons and identify unidentified persons or human remains;

        (4)   establish such educational services and information as appropriate to aid organizations, agencies and persons dealing with missing persons;

        (5)   maintain a listing of agencies, individuals and materials pertaining to missing persons activities and programs;

        (6)   assist in the training of law enforcement and other professionals on issues relating to missing persons and unidentified persons or human remains; and

        (7)   perform any other services appropriate to aid in the location of missing persons and identification of unidentified persons or human remains.

(c)    The director of the Kansas bureau of investigation may apply for, accept and expend grants, gifts and bequests from any source for the purpose of carrying out the provisions of this section.

(d)   The director of the Kansas bureau of investigation shall adopt such rules and regulations as necessary to implement the provisions of this section.

History: L. 1987, ch. 331, § 1; L. 2006, ch. 37, § 5; July 1.


75-712f. Report of missing person required, when; notice of person's return.

(a)   Any person or entity which has legal guardianship of a person or legal custody of a person, or both, pursuant to the Kansas code for care of children, the Kansas juvenile justice code, the care and treatment act for mentally ill persons or the act for obtaining a guardian or a conservator, or both, shall notify a law enforcement agency immediately, and in no case later than two hours, if such person is unaccounted for or if such person's location is unknown.

(b)   A person or entity required to notify a law enforcement agency pursuant to this section shall notify the law enforcement agency not later than 24 hours after the missing person returns or is located.

History: L. 2006, ch. 37, § 3; July 1.


75-712g. Report of unidentified person or human remains; duties of law enforcement agency and coroner; disposal of remains.

(a)   Any law enforcement agency of a political subdivision of this state shall receive reports of any unidentified persons or human remains. The law enforcement agency shall enter the report immediately, and in no case later than 24 hours after receipt of the report, into the missing person system of the national crime information system and the missing and unidentified person system of the Kansas bureau of investigation.

(b)   Notwithstanding any other action deemed appropriate for the handling of unidentified human remains, the coroner, in conjunction with the law enforcement agencies involved, shall make reasonable attempts to promptly identify such remains. Such attempts may include, but are not limited to, obtaining: Photographs of the human remains, prior to an autopsy; dental or skeletal x-rays; photographs of items found with the human remains; fingerprints from the remains, if possible; samples of tissue suitable for DNA typing, if possible; samples of whole bone or hair, or both, suitable for DNA typing; and any other information that may support identification efforts.

(c)    The coroner shall submit any photos, dental x-rays, skeletal x-rays, fingerprints and other evidence relevant to identification to the reporting law enforcement agency within one week of obtaining them, if identification efforts have otherwise failed.

(d)   If unidentified human remains have not been identified by other means within 30 days, the law enforcement agency shall make reasonable efforts to obtain prompt DNA analysis of biological samples by submitting the DNA biological samples to the Kansas bureau of investigation laboratory for analysis.

(e)   No coroner or other person shall dispose of, or engage in actions that will materially affect, unidentified human remains before the coroner obtains samples suitable for DNA identification and archiving, photographs of the unidentified person or human remains and all other appropriate steps for identification have been exhausted.

(f)    Cremation of unidentified human remains is prohibited.

History: L. 2006, ch. 37, § 4; July 1.


75-712h. Director authorized to adopt rules and regulations for preliminary screening devices for testing of oral fluid for law enforcement purposes.

The director of the Kansas bureau of investigation is authorized to adopt rules and regulations establishing:

(a)   Criteria for preliminary screening devices for testing of oral fluid for law enforcement purposes, based on health and performance considerations; and

(b)   a list of preliminary screening devices that are approved for testing of oral fluid for law enforcement purposes and that law enforcement agencies may purchase and train officers to use as aids in determining probable cause to arrest and grounds for requiring testing pursuant to K.S.A. 8-1001, and amendments thereto, or K.S.A. 3-1008, and amendments thereto.

History: L. 2011, ch. 105, § 2; L. 2012, ch. 172, § 38; L. 2019, ch. 13, § 4; L. 2022, ch. 80, § 23; July 1.


75-712i. Criminal history record checks; certain qualified entities that provide care to children, the elderly or individuals with disabilities.

(a) As used in this section:

        (1)   "Care" means the provision of treatment, education, training, instruction, supervision or recreation to children, the elderly or individuals with disabilities.

        (2)   "Provider" means a person who:

                (A)   Is employed by a qualified entity and has, seeks to have, or may have supervised or unsupervised access to children, the elderly or individuals with disabilities to whom the qualified entity provides care;

                (B)   is a volunteer of a qualified entity and has, seeks to have, or may have supervised or unsupervised access to children, the elderly or individuals with disabilities to whom the qualified entity provides care; or

                (C)   owns, operates or seeks to own or operate a qualified entity.

        (3)   "Qualified entity" means a business or organization that provides care to children, the elderly or individuals with disabilities that is private, for profit, not-for-profit or voluntary, except such businesses or organizations that are subject to the provisions of K.S.A. 39-970, 65-516 or 65-5117, and amendments thereto, or K.S.A. 2024 Supp. 39-2009 or 75-53,105, and amendments thereto.

(b)   A qualified entity may request the Kansas bureau of investigation to conduct a state and national criminal history record check on any person who will serve as a provider, or is currently a provider with such entity. The qualified entity may request a state and national criminal history record check by submitting the following:

        (1)   The person's fingerprints; and

 

        (2)   a copy of a completed and signed statement furnished by the qualified entity that includes:

                (A)   A waiver permitting the qualified entity to request and receive a criminal history record check for the purpose of determining the person's qualification and fitness to serve as a provider;

                (B)   the name, address and date of birth of the person as it appears on a valid identification document;

                (C)   a disclosure of whether or not the person has ever been convicted of or is the subject of pending charges for a criminal offense and, if convicted, a description of the crime and the result of the conviction; and

                (D)  a notice to the person that they are entitled to obtain a copy of the criminal history record check to challenge the accuracy and completeness of any information contained in any such report before any final determination is made by the qualified entity.

(c)    A qualified entity is authorized to require a person to be fingerprinted and to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The qualified entity shall use the fingerprints to identify the person and to determine whether the person has a record of criminal history in this state or other jurisdictions or countries. The qualified entity may use the information obtained from the fingerprints and such state and national criminal history record checks in the official determination of the qualifications and fitness of the person to be permitted to serve as a provider.

(d)   Local and state law enforcement officers and agencies shall assist the qualified entity in taking and processing a person's fingerprints as authorized by this section.

(e)   The Kansas bureau of investigation shall release all records of the person's adult convictions and diversions, and adult convictions and diversions from another state, jurisdiction or country, to the qualified entity to make a final determination of the qualification of such person to serve as a provider.

 

(f)    A qualified entity shall be solely responsible for making any determination that a person's criminal history record shows that such person has been convicted of a crime that bears upon the fitness of such person to serve as a provider. This section does not require the Kansas bureau of investigation to make such a determination on behalf of any qualified entity.

History: L. 2019, ch. 62, § 3; May 30.


75-712j. Criminal history record check; retention of fingerprints; limitations on disclosure of records; disclosure in violation of act, criminal penalty; enrollment in rap back program.

(a)   (1)   An applicant, employee or volunteer who is subject to a criminal history record check shall provide to the requesting authorized entity written consent to obtain the applicant's, employee's or volunteer's fingerprints to conduct a criminal history record check and participate in the rap back program for the purpose of determining suitability or fitness for a permit, license, employment or volunteer service.

        (2)   An authorized entity shall notify each applicant, employee or volunteer subject to a criminal history record check:

                (A)   That fingerprints shall be retained by the Kansas bureau of investigation and the federal bureau of investigation for all current and future purposes and uses authorized for fingerprint submission; and

                (B)   when fingerprints will be enrolled in the rap back program.

(b)   Fingerprints and records relating to fingerprints obtained by the Kansas bureau of investigation for a fingerprint-based criminal history record check shall be searched against:

        (1)   Known criminal fingerprints to determine if a criminal history record exists; and

        (2)   latent fingerprints entered into the unsolved latent fingerprint file.

(c)    (1)   A criminal history record check shall only be completed for the purpose for which such check was requested. Any additional record checks shall require the submission of a new set of fingerprints.

 

        (2)   An authorized entity enrolled in rap back shall immediately notify the Kansas bureau of investigation when such entity is no longer entitled to receive criminal history record information relating to a particular person enrolled in rap back. The Kansas bureau of investigation shall cancel the enrollment, and updates to criminal history record information shall no longer be provided to such entity.

(d)   (1)   Fingerprints and records relating to fingerprints acquired by the Kansas bureau of investigation shall be available only to authorized entities entitled to obtain the information. No employee of the Kansas bureau of investigation shall disclose any records of fingerprints or records relating to the fingerprints acquired in the performance of any of the employee's duties under this section to any person not authorized to receive the information pursuant to state or federal law. No person acquiring the records of fingerprints, records relating to fingerprints or any information concerning any individual shall disclose such information to any person who is not authorized to receive such information.

        (2)   Any intentional disclosure of such information in violation of this section is a class A nonperson misdemeanor.

(e)   As used in this section:

        (1)   "Authorized entity" means an agency or entity with authorization under state or federal law to conduct a fingerprint-based criminal history record check;

        (2)   "criminal history record check" means the submission of fingerprints and demographic information by an authorized entity to the Kansas bureau of investigation for the purpose of receiving criminal history record results; and

        (3)   "rap back" means the state or federal system that enables an authorized entity to receive ongoing notifications of criminal history record updates for individuals whose fingerprints are enrolled.

History: L. 2022, ch. 92, § 1; July 1.


75-721. Statewide drug abuse resistance education (D.A.R.E.) coordinator; duties.

(a)   The attorney general shall appoint a statewide drug abuse resistance education (D.A.R.E.) coordinator and, within the limits of appropriations available therefore, such additional staff as necessary to support the statewide D.A.R.E. coordinator.

(b)   The D.A.R.E. coordinator shall:

        (1)   Assist local law enforcement agencies and schools in creation of local D.A.R.E. programs;

        (2)   provide training to local law enforcement officers to teach the D.A.R.E. curriculum; and

        (3)   perform other services, and provide material and information as required to support the D.A.R.E. program in Kansas.

History: L. 1999, ch. 90, § 1; July 1.


75-723. Abuse, neglect and exploitation of persons unit; confidentiality of investigations; reports forwarded to unit; report to legislature; rules and regulations; prohibition on use of funds; contracting.

(a)   There is hereby created in the office of the attorney general an abuse, neglect and exploitation of persons unit.

(b)   Within the limits of available resources, the unit may, in the attorney general's discretion:

        (1)   Participate in the prevention, detection, review and prosecution of abuse, neglect and exploitation of persons, whether financial or physical;

        (2)   conduct investigations of suspected criminal abuse, neglect or exploitation of persons;

        (3)   coordinate with and assist other law enforcement agencies, or participate in task forces or joint operations, in the investigation of suspected criminal abuse, neglect or exploitation of persons;

        (4)   coordinate with and assist the medicaid fraud and abuse division established by K.S.A. 75-725, and amendments thereto, in the prevention, detection and investigation of abuse, neglect and exploitation of persons;

 

        (5)   work with or participate in the Kansas internet crimes against children task force, and work with any exploited and missing child investigators and any other child crime investigators;

        (6)   assist in any investigation of child abuse or neglect conducted by a law enforcement agency pursuant to K.S.A. 38-2226, and amendments thereto;

        (7)   assist in any investigation of adult abuse, neglect, exploitation or fiduciary abuse conducted by a law enforcement agency pursuant to K.S.A. 39-1443, and amendments thereto; and

        (8)   assist in any investigation or discussion of any elder and dependent adult abuse multidisciplinary team pursuant to K.S.A. 39-7,163, and amendments thereto.

(c)    The unit shall give priority to preventing, detecting and investigating abuse, neglect or exploitation of adults who are senior citizens, disabled or otherwise vulnerable to abuse, neglect or exploitation.

(d)   Except as provided by subsection (k), the information obtained and the investigations conducted by the unit shall be confidential as required by state or federal law. Upon request of the unit, the unit shall have access to all records of reports, investigation documents and written reports of findings related to substantiated or affirmed cases of abuse, neglect or exploitation of persons or cases in which the attorney general has reasonable suspicion to believe abuse, neglect or exploitation of persons has occurred which are received or generated by a state agency.

(e)   Whenever a state agency reports a matter involving suspected abuse, neglect or exploitation of an adult to a law enforcement agency or a county or district attorney, such state agency shall simultaneously forward such report to the unit.

(f)    Except for reports alleging only self-neglect, a state agency receiving reports of abuse, neglect or exploitation of adults shall forward to the unit:

        (1)   Within 10 days of substantiation, reports of findings concerning the substantiated abuse, neglect or exploitation of adults; and

        (2)   within 10 days of such denial, each report of an investigation in which such state agency was denied the opportunity or ability to conduct or complete a full investigation of abuse, neglect or exploitation of adults.

(g)   On or before the first day of the regular legislative session each year, the unit shall submit to the legislature a written report of the unit's activities, investigations and findings for the preceding fiscal year.

(h)   The attorney general shall adopt rules and regulations as deemed appropriate for the administration of this section.

(i)    No state funds appropriated to support the provisions of the unit and expended to contract or enter into agreements with any third party shall be used by a third party to file any civil action against the state of Kansas or any agency of the state of Kansas. Nothing in this section shall prohibit the attorney general from initiating or participating in any civil action against any party.

(j)    The attorney general may contract or enter into agreements with other agencies or organizations to provide services related to the attorney general's duties under this section or to the investigation or litigation of findings related to abuse, neglect or exploitation of persons.

 

(k)   Notwithstanding any other provision of law, nothing shall prohibit the attorney general or the unit from distributing or utilizing only that information obtained pursuant to a confirmed case of abuse, neglect or exploitation or cases in which there is reasonable suspicion to believe abuse, neglect or exploitation has occurred pursuant to this section with any third party under contract or agreement with the attorney general to carry out the provisions of this section.

(l)    As used in this section:

        (1)   "Adult" means any person 18 years of age or older; and

        (2)   "state agency" means the Kansas department for children and families, Kansas department for aging and disability services or Kansas department of health and environment.

History: L. 2006, ch. 181, § 1; L. 2014, ch. 115, § 313; L. 2016, ch. 53, § 3; L. 2021, ch. 81, § 9; July 1.


75-754. Kansas silver alert plan; purpose and procedure.

There is hereby established the Kansas silver alert plan. The Kansas silver alert plan shall be established and implemented by the office of attorney general, in collaboration with the Kansas bureau of investigation, Kansas highway patrol, local law enforcement agencies and other public and private agencies and organizations. Under the Kansas silver alert plan, public notice of a missing elderly person may be promptly broadcast and a search may be timely undertaken with the cooperation of local law enforcement, news media and the general public in order to locate such person in time to avoid serious harm or death.

History: L. 2009, ch. 27, § 1; April 2.


75-754a. Kansas purple alert plan; purpose and procedure.

(a)   There is hereby established the Kansas purple alert plan to provide public notice of a missing individual with intellectual or developmental disabilities. The Kansas purple alert plan shall be established and implemented by the office of the attorney general, in collaboration with the Kansas bureau of investigation, Kansas highway patrol, local law enforcement agencies and other public and private agencies and organizations.

(b)   Under the Kansas purple alert plan, public notice of a missing individual may promptly be broadcast and a search may be timely undertaken with the cooperation of local law enforcement, news media and the general public in order to locate such individual in time to avoid serious harm or death if such individual:

        (1)   Is 18 years of age or older;

        (2)   has been diagnosed with an intellectual disability;

        (3)   whose whereabouts are unknown;

        (4)   is believed to be in imminent danger of serious bodily injury or death because of such disability; and

        (5)   is believed to be unable to return to safety without assistance.


History: L. 2024, ch. 106, § 1; July 1.


75-771. Kansas victim information and notification everyday (VINE) coordinator; duties; advisory board.

(a)   The attorney general shall appoint a Kansas victim information and notification everyday (VINE) coordinator, and within the limits of appropriations available therefor, such additional staff as necessary to support the coordinator.

(b)   The Kansas VINE coordinator shall work with interested parties, including, but not limited to, the sheriffs throughout the state, to oversee the implementation and operation of the VINE system throughout the state.

(c)    The attorney general may appoint an advisory board to make recommendations for the implementation and operation of the VINE program. Such advisory committee, if appointed, may consist of up to five members appointed by the attorney general. One member shall be a victim advocate and one shall be a representative of the Kansas sheriffs' association. Except as provided in K.S.A. 75-3212, and amendments thereto, no member of any such advisory committee shall receive any compensation, subsistence, mileage or other allowance for serving on an advisory board appointed pursuant to this section.

(d)   The attorney general shall promulgate rules and regulations necessary to carry out the provisions of this section.

History: L. 2019, ch. 62, § 4; May 30.


75-774. Coordination of training for law enforcement agencies regarding missing and murdered indigenous persons.

In consultation with Native American Indian tribes, the Kansas bureau of investigation, the Kansas law enforcement training center and other appropriate state agencies, the attorney general may coordinate training regarding missing and murdered indigenous persons for law enforcement agencies throughout Kansas.

History: L. 2021, ch. 24, § 1; July 1.


75-782. Kansas elder and dependent adult abuse multidisciplinary team coordinator; appointment by the attorney general; teams, membership; duties.

(a)   The attorney general shall appoint a Kansas elder and dependent adult abuse multidisciplinary team coordinator and, within the limits of appropriations available therefor, such additional staff as necessary to support the coordinator. The coordinator shall facilitate the convening of an elder and dependent adult abuse multidisciplinary team in each judicial district.

 

(b)   (1)   Such teams shall be composed of the following individuals, or their designee:

 

                (A)   The sheriff of each county within the judicial district;

                (B)   the county or district attorney of each county within the judicial district;

                (C)   the secretary for children and families;

                (D)  the secretary for aging and disability services; and

                (E)   the state long-term care ombudsman.

        (2)   Such teams may also include the following individuals:

                (A)   A representative from any law enforcement agency not included in subsection (b)(1)(A);

                (B)   a medical provider;

                (C)   a legal services provider;

                (D)  a housing provider or representative of elder or dependent adult housing facilities;

                (E)   the district coroner or a medical examiner;

                (F)   a representative of the financial services or banking industry;

                (G)  a representative of the area agencies on aging; or

                (H)  any other individual deemed necessary by the team.

(c)    Such team:

        (1)   Shall coordinate investigations of elder and dependent adult abuse as defined by K.S.A. 21-5417, 39-1401 et seq. and 39-1430 et seq., and amendments thereto; and

        (2)   may identify opportunities within local jurisdictions to improve policies and procedures in the notification and response to abuse, neglect and exploitation of elder or dependent adults, within the limits of local resources.

(d)   Such team shall determine the the manner and frequency of meetings, but shall not meet less than quarterly. The team may create and enter into memorandums of understanding with any governmental agency or private entity deemed necessary by the team.

(e)   All documents, materials or other information obtained by or discussed by the team shall be confidential and privileged and not be subject to the provisions of the Kansas open records act as provided by K.S.A. 45-215 et seq., and amendments thereto. The provisions of this subsection shall expire on July 1, 2026, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2026.

(f)    Meetings conducted pursuant to this section shall not be subject to the provisions of the Kansas open meetings act as provided by K.S.A. 75-4317 et seq., and amendments thereto.

(g)   On or before the first day of each regular session of the legislature, beginning with the 2022 regular session, the attorney general shall submit a report to the legislature on the implementation and use of the teams.

History: L. 2021, ch. 81, § 2; July 1.