Volume 42 - Issue 34 - August 24, 2023
State of Kansas
Kansas Bureau of Investigation
Notice of Hearing on Proposed Administrative Regulations
A public hearing will be conducted at 9:00 a.m. Friday, October 27, 2023, in the Headquarters Main Conference Room at the Kansas Bureau of Investigation (KBI), 1620 SW Tyler, Topeka, Kansas, to consider the adoption of proposed rules and regulations of the Kansas Bureau of Investigation (KBI), on a permanent basis.
This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the Kansas Bureau of Investigation, 1620 SW Tyler, Topeka, KS 66612, or by email to Bryan.Ross@kbi.ks.gov. All interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed regulations during the public hearing. In order to provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes.
Any individual with a disability may request an accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Bryan Ross at 785-296-8200, (or TYY 1-800-766-3777). Handicapped parking is located on the south end of the KBI building, off of Tyler Street.
Summaries of the proposed regulations and their economic impact follow. (Note: Statements indicating that a regulation is “not anticipated to have any economic impact” are intended to indicate that no economic impact on the KBI, other state agencies, state employees, or the general public has been identified.)
Copies of the proposed regulations and the Economic Impact Statement for the proposed regulations can be requested from Bryan.Ross@kbi.ks.gov, or by writing to Kansas Bureau of Investigation, 1620 SW Tyler, Topeka, KS 66612 (attn: Bryan Ross).
K.A.R. 10-21-1 – Definitions. The proposed amendment updates the definition of the following terms: “CODIS”; “DNA”; “DNA databank”; “DNA database”; “DNA record”; “DNA samples”; “FBI”; “KBI”; “Law enforcement”; and “NDIS.” The proposed amendment adds the following terms and definitions: “Buccal Sample”; “Director”; “Population statistic database”; and “Registered offender.” The proposed amendment eliminates the following terms and definitions: “Convicted offender”; and “Juvenile offender.” The definitions serve to assist in understanding the terms as used in Article 21 – Kansas Bureau of Investigation DNA Databank.
K.A.R. 10-21-3 – Procedural compatibility with the FBI. The proposed amendment updates the FBI documents that the DNA database must be compatible with. The proposed amendment further updates and clarifies the creation and use of a separate population statistic database.
K.A.R. 10-21-4 – Expungement. The proposed amendment updates and clarifies the criteria to apply for expungement of DNA stored in the DNA databank and application process for DNA expungement.
K.A.R. 10-21-5 – Maintenance. The proposed amendment updates and clarifies the limits of access and use of DNA samples stored in the DNA databank. The proposed amendment further updates the KBI’s obligations to maintain and store DNA records and samples.
K.A.R. 10-21-6 – Collection of samples for DNA databank. The proposed amendment updates and clarifies the procedure for law enforcement to collect samples of DNA from persons required to submit DNA samples for entry into the DNA database.
The proposed amendments to these regulations are not anticipated to have any economic impact.
Tony Mattivi
Director
Kansas Bureau of Investigation
Doc. No. 051425
