HB 2347

                              HOUSE BILL No. 2347
AN ACT concerning crimes, punishment and criminal procedure; relating to crimes against
   public morals; requiring certain offenders to complete an educational or treatment
   program regarding commercial sexual exploitation and requiring the attorney general
   to approve such programs in consultation with the office of judicial administration;
   creating the crime of unlawful use of a laser pointer and providing criminal penalties
   therefor; removing provisions regarding city ordinances prohibiting buying sexual
   relations and increasing the criminal penalties therefor; relating to theft; changing the
   culpability required for certain types of theft; increasing the criminal penalty when
   the property is a motor vehicle of the value of at least $500 but less than $1,500;
   modifying criminal use of a financial card to include certain conduct involving gift
   cards; amending K.S.A. 12-4106, 12-4120, 12-4416, 21-5426, 21-5801, 21-5828, 21-
   6421, 21-6422 and 22-2909 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
    New Section 1. (a) On or before July 1, 2027, the attorney general,
in consultation with the office of judicial administration, shall approve
one or more educational or treatment programs regarding commercial
sexual exploitation for use under K.S.A. 21-5426, 21-6421, 21-6422
and 22-2909, and amendments thereto, and as otherwise permitted by
law.
    (b) (1) In accordance with the provisions of the rules and
regulations filing act, K.S.A. 77-415 et seq., and amendments thereto,
the attorney general shall adopt, amend and revoke rules and
regulations governing the educational or treatment programs described
in subsection (a), including, but not limited to:
    (A) Criteria for the evaluation, approval and monitoring of such
programs;
    (B) any form required to implement such programs;
    (C) any requirements for staff who will be directly providing
services to clients of such programs; and
    (D) any report, record or other information that may be required to
be kept and maintained by such programs.
    (2) On or before January 1, 2027, the attorney general shall adopt
rules and regulations required for the approval and operation of the
educational or treatment programs described in subsection (a).
    New Sec. 2. (a) Unlawful use of a laser pointer is knowingly
directing light from a laser pointer at:
    (1) A law enforcement officer while such officer is engaged in the
performance of such officer's duties; or
    (2) an aircraft in flight or the flight path of an aircraft.
    (b) Unlawful use of a laser pointer as defined in:
    (1) Subsection (a)(1) is a class A person misdemeanor; and
    (2) subsection (a)(2) is a severity level 9, person felony.
    (c) The provisions of subsection (a)(2) shall not apply to:
    (1) Any person who is authorized by an aircraft manufacturer or
the federal aviation administration to conduct research and
development or flight test operations while such person is conducting
research and development or flight test operations;
    (2) members or elements of the department of defense or
department of homeland security acting in an official capacity for the
purpose of research, development, operations, testing or training; or
    (3) an individual using a laser emergency signaling device to send
an emergency distress signal.
    (d) As used in this section, "laser pointer" means a device that
emits light amplified by the stimulated emission of radiation that is
visible to the human eye.
    (e) A person who violates the provisions of this section may also
be prosecuted for, convicted of and punished for assault or battery.
    (f) This section shall be a part of and supplemental to the Kansas
criminal code.
    Sec. 3. K.S.A. 12-4106 is hereby amended to read as follows: 12-
4106. (a) The municipal judge shall have the power to administer the
oaths and enforce all orders, rules and judgments made by such
municipal judge, and may fine or imprison for contempt in the same
manner and to the same extent as a judge of the district court.
    (b) The municipal judge shall have the power to hear and
                    HOUSE BILL No. 2347—page 2
determine all cases properly brought before such municipal judge to:
Grant continuances; sentence those found guilty to a fine or
confinement in jail, or both; commit accused persons to jail in default
of bond; determine applications for parole; release on probation; grant
time in which a fine may be paid; correct a sentence; suspend
imposition of a sentence; set aside a judgment; permit time for post trial
motions; and discharge accused persons.
    (c) The municipal judge shall maintain a docket in which every
cause commenced before such municipal judge shall be entered. Such
docket shall contain the names of the accused persons and complainant,
the nature or character of the offense, the date of trial, the names of all
witnesses sworn and examined, the finding of the court, the judgment
and sentence, the date of payment, the date of issuing commitment, if
any, and every other fact necessary to show the full proceedings in each
case.
    (d) The municipal judge shall promptly make such reports and
furnish the information requested by any departmental justice or the
judicial administrator, in the manner and form prescribed by the
supreme court.
    (e) The municipal judge shall ensure that information concerning
dispositions of city ordinance violations that result in convictions
comparable to convictions for offenses under Kansas criminal statutes
is forwarded to the Kansas bureau of investigation central repository.
This information shall be transmitted, on a form or in a format
approved by the attorney general, within 30 days of final disposition.
    (f) In all cases alleging a violation of a city ordinance prohibiting
the acts prohibited by K.S.A. 8-2,144, 8-1567, 21-6419 or 32-1131 or
K.S.A. 21-6419 or 21-6421, and amendments thereto, the municipal
court judge shall ensure that the municipal court reports the filing and
disposition of such case to the Kansas bureau of investigation central
repository, and, on and after July 1, 2014, reports the filing and
disposition of such case electronically to the Kansas bureau of
investigation central repository.
    (g) In all cases in which a fine is imposed for a violation of a city
ordinance prohibiting the acts prohibited by K.S.A. 8-2,144 or 8-1567
or K.S.A. 21-6421, and amendments thereto, the municipal court judge
shall ensure that the municipal court remits the appropriate amount of
such fine to the state treasurer as provided in K.S.A. 12-4120, and
amendments thereto.
    Sec. 4. K.S.A. 12-4120 is hereby amended to read as follows: 12-
4120. (a) On and after July 1, 2012, The amount of $250 from each fine
imposed for a violation of a city ordinance prohibiting the acts
prohibited by K.S.A. 8-1567 or 8-2,144, and amendments thereto, shall
be remitted by the judge or clerk of the municipal court to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall credit the entire amount to the community corrections
supervision fund established by K.S.A. 75-52,113, and amendments
thereto.
    (b) One-half of each fine imposed for a violation of a city
ordinance prohibiting the acts prohibited by K.S.A. 21-6421, and
amendments thereto, shall be remitted by the judge or clerk of the
municipal court to the state treasurer in accordance with the provisions
of K.S.A. 75-4215, and amendments thereto, and the remainder shall be
remitted as otherwise permitted by law. Upon receipt of each such
remittance, the state treasurer shall credit the entire amount to the
human trafficking victim assistance fund established by K.S.A. 75-758,
and amendments thereto.
    (c) On and after July 1, 2017, The amount of $20 from each fine
imposed for a violation of a city ordinance requiring the use of safety
belts for those individuals required by K.S.A. 8-2503(a)(1), and
amendments thereto, shall be remitted by the judge or clerk of the
municipal court to the state treasurer in accordance with the provisions
of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
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remittance, the state treasurer shall credit the entire amount to the seat
belt safety fund established by K.S.A. 8-1,181, and amendments
thereto.
    Sec. 5. K.S.A. 12-4416 is hereby amended to read as follows: 12-
4416. (a) A diversion agreement shall provide that if the defendant
fulfills the obligations of the program described therein, as determined
by the city attorney, the city attorney shall act to have the criminal
charges against the defendant dismissed with prejudice. The diversion
agreement shall include specifically the waiver of all rights under the
law or the constitution of Kansas or of the United States to counsel, a
speedy arraignment, a speedy trial, and the right to trial by jury. The
diversion agreement may include, but is not limited to, provisions
concerning payment of restitution, including court costs and diversion
costs, residence in a specified facility, maintenance of gainful
employment, and participation in programs offering medical,
educational, vocational, social and psychological services, corrective
and preventive guidance and other rehabilitative services. The diversion
agreement shall state:
    (1) The defendant's full name;
    (2) the defendant's full name at the time the complaint was filed, if
different from the defendant's current name;
    (3) the defendant's sex, race and date of birth;
    (4) the crime with which the defendant is charged;
    (5) the date the complaint was filed; and
    (6) the municipal court with which the agreement is filed.
    (b) If a diversion agreement is entered into in lieu of further
criminal proceedings on a complaint alleging a violation of a city
ordinance prohibiting the acts prohibited by K.S.A. 21-6421, and
amendments thereto, the agreement:
    (1) Shall include a requirement that the defendant pay a fine
specified by the agreement in an amount equal to an amount authorized
by K.S.A. 21-6421, and amendments thereto; and
    (2) may include a requirement that the defendant enter into and
complete a suitable educational or treatment program regarding
commercial sexual exploitation.
    (c) If a diversion agreement is entered into in lieu of further
criminal proceedings on a complaint alleging an alcohol related
offense, the diversion agreement shall include a stipulation, agreed to
by the defendant and the city attorney, of the facts upon which the
charge is based and a provision that if the defendant fails to fulfill the
terms of the specific diversion agreement and the criminal proceedings
on the complaint are resumed, the proceedings, including any
proceedings on appeal, shall be conducted on the record of the
stipulation of facts relating to the complaint. In addition, the agreement
shall include a requirement that the defendant:
    (1) Pay a fine specified by the agreement in an amount equal to an
amount authorized by K.S.A. 8-1567, and amendments thereto, for a
first offense or, in lieu of payment of the fine, perform community
service specified by the agreement, consonant with K.S.A. 8-1567, and
amendments thereto; and
    (2) participate in an alcohol and drug evaluation conducted by a
licensed provider pursuant to K.S.A. 8-1008, and amendments thereto,
and follow any recommendation made by the provider after such
evaluation.
    (d)(c) If the person entering into a diversion agreement is a
nonresident, the city attorney shall transmit a copy of the diversion
agreement to the division. The division shall forward a copy of the
diversion agreement to the motor vehicle administrator of the person's
state of residence.
    (e)(d) If the city attorney elects to offer diversion in lieu of further
criminal proceedings on the complaint and the defendant agrees to all
of the terms of the proposed agreement, the diversion agreement shall
be filed with the municipal court and the municipal court shall stay
further proceedings on the complaint. If the defendant declines to
                   HOUSE BILL No. 2347—page 4
accept diversion, the municipal court shall resume the criminal
proceedings on the complaint.
    (f)(e) The city attorney shall forward to the division of vehicles of
the state department of revenue a copy of the diversion agreement at
the time such agreement is filed with the municipal court. The copy of
the agreement shall be made available upon request to any county,
district or city attorney or court.
    Sec. 6. K.S.A. 21-5426 is hereby amended to read as follows: 21-
5426. (a) Human trafficking is:
    (1) Except as provided in subsection (b)(4) and (5), the intentional
recruitment, harboring, transportation, provision or obtaining of a
person for labor or services, through the use of force, fraud or coercion
for the purpose of subjecting the person to involuntary servitude or
forced labor;
    (2) intentionally benefitting benefiting financially or by receiving
anything of value from participation in a venture that the person has
reason to know has engaged in acts set forth in subsection (a)(1);
    (3) knowingly coercing employment by obtaining or maintaining
labor or services that are performed or provided by another person
through any of the following:
    (A) Causing or threatening to cause physical injury to any person;
    (B) physically restraining or threatening to physically restrain
another person;
    (C) abusing or threatening to abuse the law or legal process;
    (D) threatening to withhold food, lodging or clothing; or
    (E) knowingly destroying, concealing, removing, confiscating or
possessing any actual or purported government identification document
of another person; or
    (4) knowingly holding another person in a condition of peonage in
satisfaction of a debt owed the person who is holding such other
person.
    (b) Aggravated human trafficking is:
    (1) Human trafficking, as defined in subsection (a), involving the
commission or attempted commission of kidnapping, as defined in
K.S.A. 21-5408(a), and amendments thereto;
    (2) human trafficking, as defined in subsection (a), committed in
whole or in part for the purpose of the sexual gratification of the
defendant or another;
    (3) human trafficking, as defined in subsection (a), resulting in a
death;
    (4) recruiting, harboring, transporting, providing or obtaining, by
any means, a child knowing that the child, with or without force, fraud,
threat or coercion, will be used to engage in:
    (A) Forced labor;
    (B) involuntary servitude; or
    (C) sexual gratification of the defendant or another involving the
exchange of anything of value; or
    (5) hiring a child by giving, or offering or agreeing to give,
anything of value to any person, to engage in manual or other bodily
contact stimulation of the genitals of any person with the intent to
arouse or gratify the sexual desires of the offender or another, sexual
intercourse, sodomy or any unlawful sexual act, and the offender
recklessly disregards the age of the child.
    (c) (1) Human trafficking is a severity level 2, person felony.
    (2) Aggravated human trafficking is a severity level 1, person
felony, except as provided in subsection (c)(3).
    (3) Aggravated human trafficking or attempt, conspiracy or
criminal solicitation to commit aggravated human trafficking is an off-
grid person felony, when the offender is 18 years of age or older and
the victim is less than 14 years of age.
    (4) In addition to any other sentence imposed, a person convicted
under subsection (c)(1) shall be fined not less than $2,500 nor more
than $5,000. In addition to any other sentence imposed, a person
convicted under subsection (c)(2) or (c)(3) shall be fined not less than
                   HOUSE BILL No. 2347—page 5
$5,000. All fines collected pursuant to this section shall be remitted to
the human trafficking victim assistance fund created by K.S.A. 75-758,
and amendments thereto.
    (5) In addition to any other sentence imposed, for any conviction
under this section,:
    (A) Occurring prior to July 1, 2027, the court may order the
person convicted to enter into and complete a suitable educational or
treatment program regarding commercial sexual exploitation of a child;
and
    (B) occurring on or after July 1, 2027, the court may order the
person convicted to enter into and complete an educational or
treatment program approved by the attorney general pursuant to
section 1, and amendments thereto, regarding commercial sexual
exploitation.
    (d) If the offender is 18 years of age or older and the victim is less
than 14 years of age, the provisions of:
    (1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to
a violation of attempting to commit the crime of aggravated human
trafficking pursuant to this section;
    (2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to
a violation of conspiracy to commit the crime of aggravated human
trafficking pursuant to this section; and
    (3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to
a violation of criminal solicitation to commit the crime of aggravated
human trafficking pursuant to this section.
    (e) It shall be an affirmative defense to any prosecution under
subsection (b)(4) or (5) that the defendant:
    (1) Was under 18 years of age at the time of the violation; and
    (2) committed the violation because such defendant, at the time of
the violation, was subjected to human trafficking or aggravated human
trafficking, as defined by this section.
    (f) It shall not be a defense to a charge of aggravated human
trafficking, as defined in subsection (b)(4) or (5), that:
    (1) The victim consented or willingly participated in the forced
labor, involuntary servitude or sexual gratification of the defendant or
another; or
    (2) the offender had no knowledge of the age of the victim.
    (g) A person who violates the provisions of this section may also
be prosecuted for, convicted of, and punished for commercial sexual
exploitation of a child, as defined by K.S.A. 21-6422, and amendments
thereto, or for any form of homicide.
    (h) The provisions of this section shall not apply to the use of the
labor of any person incarcerated in a state or county correctional
facility or city jail.
    (i) As used in this section:
    (1) "Child" means a person under 18 years of age; and
    (2) "peonage" means a condition of involuntary servitude in which
the victim is forced to work for another person by the use or threat of
physical restraint or physical injury, or by the use or threat of coercion
through law or the legal process.
    Sec. 7. K.S.A. 21-5801 is hereby amended to read as follows: 21-
5801. (a) Theft is any of the following acts done with intent to
permanently deprive the owner of the possession, use or benefit of the
owner's property or services:
    (1) Obtaining or exerting unauthorized control over property or
services;
    (2) obtaining control over property or services, by deception;
    (3) obtaining control over property or services, by threat;
    (4) obtaining control over stolen property or services knowing, or
having reason to know, the property or services to have been were
stolen by from another; or
    (5) knowingly dispensing motor fuel into a storage container or
the fuel tank of a motor vehicle at an establishment in which motor fuel
is offered for retail sale and leaving the premises of the establishment
                   HOUSE BILL No. 2347—page 6
without making payment for the motor fuel.
    (b) Theft of:
    (1) Property or services of the value of $100,000 or more is a
severity level 5, nonperson felony;
    (2) property or services of the value of at least $25,000 but less
than $100,000 is a severity level 7, nonperson felony;
    (3) property or services of the value of at least $1,500 but less than
$25,000 is a severity level 9, nonperson felony, except as provided in
subsection (b)(7);
    (4) property or services of the value of less than $1,500 is a class
A nonperson misdemeanor, except as provided in subsection (b)(5), (b)
(6), (b)(7) or (b)(8);
    (5) property of the value of less than $1,500 from three separate
mercantile establishments within a period of 72 hours as part of the
same act or transaction or in two or more acts or transactions connected
together or constituting parts of a common scheme or course of conduct
is a severity level 9, nonperson felony;
    (6) property of the value of at least $50 but less than $1,500 is a
severity level 9, nonperson felony if committed by a person who has,
within five years immediately preceding commission of the crime,
excluding any period of imprisonment, been convicted of theft two or
more times;
    (7) property that is a firearm of the value of less than $25,000 is a
severity level 9, nonperson felony; and
    (8) property that is mail of the value of less than $1,500 from three
separate locations within a period of 72 hours as part of the same act or
transaction or in two or more acts or transactions connected together or
constituting parts of a common scheme or course of conduct is a
severity level 9, nonperson felony
    ; and
    (9) property that is a motor vehicle of the value of at least $500
but less than $1,500 is a severity level 10, nonperson felony.
    (c) As used in this section:
    (1) "Conviction" or "convicted" includes being convicted of a
violation of K.S.A. 21-3701, prior to its repeal, this section or a
municipal ordinance which prohibits the acts that this section prohibits;
    (2) "mail" means a letter, postal card, package or bag sent through
the United States postal service or other delivery service, or any other
article or thing contained therein;
    (3) "regulated scrap metal" means the same as defined in K.S.A.
50-6,109, and amendments thereto;
    (4) "remote service unit" means the same as defined in K.S.A. 9-
1111, and amendments thereto, and includes, but is not limited to,
automated cash dispensing machines and automated teller machines;
and
    (5) "value" means the value of the property or, if the property is
regulated scrap metal or a remote service unit, the cost to restore the
site of the theft of such regulated scrap metal or remote service unit to
its condition at the time immediately prior to the theft of such regulated
scrap metal or remote service unit, whichever is greater.
    Sec. 8. K.S.A. 21-5828 is hereby amended to read as follows: 21-
5828. (a) Criminal use of a financial card or gift card is any of the
following acts done with intent to defraud and to obtain money, goods,
property or services:
    (1) Using a financial card without the consent of the cardholder;
    (2) using a financial card, or the number or description thereof,
which has been revoked or canceled; or
    (3) using a falsified, mutilated, altered or nonexistent financial
card or a number or description thereof;
    (4) acquiring or retaining possession of a gift card or gift card
redemption information without the consent of the cardholder, gift card
issuer or gift card seller; or
    (5) altering or tampering with a gift card.
    (b) Criminal use of a financial card or gift card is a:
                   HOUSE BILL No. 2347—page 7
    (1) Severity level 7, nonperson felony if the money, goods,
property or services obtained within any seven-day period are of the
value of $25,000 or more;
    (2) severity level 9, nonperson felony if the money, goods,
property or services obtained within any seven-day period are of the
value of at least $1,000 but less than $25,000; and
    (3) class A nonperson misdemeanor if the money, goods, property
or services obtained within a seven-day period are of the value of less
than $1,000.
    (c) As used in this section:
    (1) "Cardholder" means:
    (A) The person or entity to whom or for whose benefit a financial
card is issued; or
    (B) the person to whom a physical or virtual gift card is issued or
any person who has agreed with the card issuer to pay obligations
arising from the issuance of a gift card to another person;
    (2) "closed-loop gift card" means a card, code or device that is
issued to a consumer on a prepaid basis primarily for personal, family
or household purposes in a specified amount, regardless of whether
that amount may be increased or reloaded in exchange for payment,
and is redeemable upon presentation by a consumer at a single
merchant or group of affiliated merchants;
    (3) "financial card" means an identification card, plate, instrument,
device or number issued by a business organization authorizing the
cardholder to purchase, lease or otherwise obtain money, goods,
property or services or to conduct other financial transactions; and
    (2) "cardholder" means the person or entity to whom or for whose
benefit a financial card is issued
    (4) "gift card" means a physical or digital closed-loop gift card or
open-loop gift card that is either activated or inactivated;
    (5) "gift card issuer" means any person that issues a gift card or
the agent of that person with respect to such card;
    (6) "gift card redemption information" means information unique
to each gift card that allows the cardholder to access, transfer or spend
the funds on such gift card;
    (7) "gift card seller" means a merchant that is engaged in the
business of selling gift cards to consumers; and
    (8) "open-loop gift card" means a card, code or device that is
issued to a consumer on a prepaid basis primarily for personal, family
or household purposes in a specified amount, regardless of whether
that amount may be increased or reloaded in exchange for payment,
and is redeemable upon presentation at multiple unaffiliated merchants
for goods or services within the payment card network.
    (d) For the purposes of subsection (a)(2), a financial card shall be
deemed canceled or revoked when notice in writing thereof has been
received by the named holder thereof as shown on such financial card
or by the records of the company.
    Sec. 9. K.S.A. 21-6421 is hereby amended to read as follows: 21-
6421. (a) Buying sexual relations is knowingly:
    (1) Entering or remaining in a place where sexual relations are
being sold or offered for sale with intent to engage in manual or other
bodily contact stimulation of the genitals of any person with the intent
to arouse or gratify the sexual desires of the offender or another, sexual
intercourse, sodomy or any unlawful sexual act with a person selling
sexual relations who is 18 years of age or older; or
    (2) hiring a person selling sexual relations who is 18 years of age
or older to engage in manual or other bodily contact stimulation of the
genitals of any person with the intent to arouse or gratify the sexual
desires of the offender or another, sexual intercourse, sodomy or any
unlawful sexual act.
    (b) (1) Buying sexual relations is a:
    (A) Class A person misdemeanor, except as provided in subsection
(b)(1)(B); and
    (B) severity level 9, person felony when committed by a person
                    HOUSE BILL No. 2347—page 8
who has, prior to the commission of the crime, been convicted of a
violation of this section, or any prior version of this section.
    (2) In addition to any other sentence imposed, a person convicted
under this section shall be fined not less than $1,200 $2,000 nor more
than $5,000. One-half of all fines collected pursuant to this section shall
be remitted to the human trafficking victim assistance fund created by
K.S.A. 75-758, and amendments thereto, and the remainder shall be
remitted as otherwise provided by law.
    (3) In addition to any other sentence imposed, for any conviction
under this section,:
    (A) Occurring prior to July 1, 2027, the court may shall order the
person convicted to enter into and complete a suitable educational or
treatment program regarding commercial sexual exploitation; and
    (B) occurring on or after July 1, 2027, the court shall order the
person convicted to enter into and complete an educational or
treatment program approved by the attorney general pursuant to
section 1, and amendments thereto, regarding commercial sexual
exploitation.
    (c) (1) For the purpose of determining whether a conviction is a
first, second or subsequent conviction in sentencing under this section:
    (1) Convictions for a violation of this section, or any prior version
of this section, or a violation of an ordinance of any city or resolution
of any county which prohibits the acts that this section prohibits, or
entering into a diversion agreement in lieu of further criminal
proceedings on a complaint alleging any such violations, shall be taken
into account; and
    (2) A person may enter into a diversion agreement in lieu of
further criminal proceedings for a violation of this section or an
ordinance which prohibits the acts of this section only once during the
person's lifetime.
    (2) A person shall not enter into a diversion agreement in lieu of
further criminal proceedings for a violation of this section if such
person has entered into a diversion agreement for a violation of an
ordinance that prohibits the acts prohibited by this section that
occurred prior to July 1, 2026.
    (d) (1) Nothing contained in this section shall be construed as
preventing any city from enacting ordinances, or any county from
adopting resolutions, declaring acts prohibited or made unlawful by this
act as unlawful or prohibited in such city or county and prescribing
penalties for violation thereof.
    (2) The minimum penalty prescribed by any such ordinance or
resolution shall not be less than the minimum penalty prescribed by this
section for the same violation, and the maximum penalty in any such
ordinance or resolution shall not exceed the maximum penalty
prescribed for the same violation.
    Sec. 10. K.S.A. 21-6422 is hereby amended to read as follows: 21-
6422. (a) Commercial sexual exploitation of a child is knowingly:
    (1) Hiring a person younger than 18 years of age by giving, or
offering or agreeing to give, anything of value to any person, to engage
in a manual or other bodily contact stimulation of the genitals of any
person with the intent to arouse or gratify the sexual desires of the
offender or another, sexual intercourse, sodomy or any unlawful sexual
act;
    (2) establishing, owning, maintaining or managing any property,
whether real or personal, where sexual relations are being sold or
offered for sale by a person younger than 18 years of age, or
participating in the establishment, ownership, maintenance or
management thereof; or
    (3) permitting any property, whether real or personal, partially or
wholly owned or controlled by the defendant to be used as a place
where sexual relations are being sold or offered for sale by a person
who is younger than 18 years of age.
    (b) (1) Commercial sexual exploitation of a child is a:
    (A) Severity level 4, person felony, except as provided in
                   HOUSE BILL No. 2347—page 9
subsections (b)(1)(B) and (b)(2); and
    (B) severity level 2, person felony when committed by a person
who has, prior to the commission of the crime, been convicted of a
violation of this section, except as provided in subsection (b)(2).
    (2) Commercial sexual exploitation of a child or attempt,
conspiracy or criminal solicitation to commit commercial sexual
exploitation of a child is an off-grid person felony when the offender is
18 years of age or older and the victim is less than 14 years of age.
    (3) In addition to any other sentence imposed, a person convicted
under subsection (b)(1)(A) shall be fined not less than $2,500 nor more
than $5,000. In addition to any other sentence imposed, a person
convicted under subsection (b)(1)(B) or (b)(2) shall be fined not less
than $5,000. All fines collected pursuant to this section shall be
remitted to the human trafficking victim assistance fund created by
K.S.A. 75-758, and amendments thereto.
    (4) In addition to any other sentence imposed, for any conviction
under this section,:
    (A) Occurring prior to July 1, 2027, the court may order the
person convicted to enter into and complete a suitable educational or
treatment program regarding commercial sexual exploitation of a child;
and
    (B) occurring on or after July 1, 2027, the court may order the
person convicted to enter into and complete an educational or
treatment program approved by the attorney general pursuant to
section 1, and amendments thereto, regarding commercial sexual
exploitation.
    (c) If the offender is 18 years of age or older and the victim is less
than 14 years of age, the provisions of:
    (1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to
a violation of attempting to commit the crime of commercial sexual
exploitation of a child pursuant to this section;
    (2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to
a violation of conspiracy to commit the crime of commercial sexual
exploitation of a child pursuant to this section; and
    (3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to
a violation of criminal solicitation to commit the crime of commercial
sexual exploitation of a child pursuant to this section.
    Sec. 11. K.S.A. 22-2909 is hereby amended to read as follows: 22-
2909. (a) (1) A diversion agreement shall provide that if the defendant
fulfills the obligations of the program described therein, as determined
by the attorney general or county or district attorney, such attorney
shall act to have the criminal charges against the defendant dismissed
with prejudice. The diversion agreement shall include specifically the
waiver of all rights under the law or the constitution of Kansas or of the
United States to a speedy arraignment, preliminary examinations and
hearings, and a speedy trial, and in the case of diversion under
subsection (c) waiver of the rights to counsel and trial by jury. The
diversion agreement may include, but is not limited to, provisions
concerning:
    (A) Payment of restitution, including court costs and diversion
costs;
    (B) residence in a specified facility;
    (C) maintenance of gainful employment;
    (D) participation in programs offering medical, educational,
vocational, social and psychological services, corrective and preventive
guidance and other rehabilitative services; and
    (E) supervision by the county or district attorney, or by court
services or community correctional services pursuant to a
memorandum of understanding entered into by the county or district
attorney pursuant to K.S.A. 22-2907, and amendments thereto,
including the diversion supervision fee and urinalysis costs described in
K.S.A. 22-2907, and amendments thereto, when applicable.
    (2) If a county creates a local fund under the property crime
restitution and compensation act, a county or district attorney may
                   HOUSE BILL No. 2347—page 10
require in all diversion agreements as a condition of diversion the
payment of a diversion fee in an amount not to exceed $100. Such fees
shall be deposited into the local fund and disbursed pursuant to
recommendations of the local board under the property crime
restitution and victims compensation act.
    (3) If the attorney general enters into a diversion agreement:
    (A) Any diversion costs or fees collected pursuant to such
agreement shall be deposited in the fraud and abuse criminal
prosecution fund established by K.S.A. 75-765, and amendments
thereto; and
    (B) the attorney general may enter into agreements with the
appropriate county or district attorney or other appropriate parties
regarding the supervision of conditions of such diversion agreement.
    (b) The diversion agreement shall state:
    (1) The defendant's full name;
    (2) the defendant's full name at the time the complaint was filed, if
different from the defendant's current name;
    (3) the defendant's sex, race and date of birth;
    (4) the crime with which the defendant is charged;
    (5) the date the complaint was filed; and
    (6) the district court with which the agreement is filed.
    (c) If a diversion agreement is entered into in lieu of further
criminal proceedings on a complaint alleging a violation of K.S.A. 8-
1567, and amendments thereto, the diversion agreement shall include a
stipulation, agreed to by the defendant, the defendant's attorney if the
defendant is represented by an attorney and the attorney general or
county or district attorney, of the facts upon which the charge is based
and a provision that if the defendant fails to fulfill the terms of the
specific diversion agreement and the criminal proceedings on the
complaint are resumed, the proceedings, including any proceedings on
appeal, shall be conducted on the record of the stipulation of facts
relating to the complaint. In addition, the agreement shall include a
requirement that the defendant:
    (1) Pay a fine specified by the agreement in an amount equal to an
amount authorized by K.S.A. 8-1567, and amendments thereto, for a
first offense or, in lieu of payment of the fine, perform community
service specified by the agreement, in accordance with K.S.A. 8-1567,
and amendments thereto; and
    (2) participate in an alcohol and drug evaluation conducted by a
licensed provider pursuant to K.S.A. 8-1008, and amendments thereto,
and follow any recommendation made by the provider after such
evaluation.
    (d) If a diversion agreement is entered into in lieu of further
criminal proceedings on a complaint alleging a domestic violence
offense, as defined in K.S.A. 21-5111, and amendments thereto, the
diversion agreement shall include a requirement that the defendant
undergo a domestic violence offender assessment and follow all
recommendations unless otherwise agreed to with the prosecutor in the
diversion agreement. The defendant shall be required to pay for such
assessment and, unless otherwise agreed to with the prosecutor in the
diversion agreement, for completion of all recommendations.
    (e) If a diversion agreement is entered into in lieu of further
criminal proceedings on a complaint alleging a violation other than
K.S.A. 8-1567, and amendments thereto, the diversion agreement may
include a stipulation, agreed to by the defendant, the defendant's
attorney if the defendant is represented by an attorney and the attorney
general or county or district attorney, of the facts upon which the
charge is based and a provision that if the defendant fails to fulfill the
terms of the specific diversion agreement and the criminal proceedings
on the complaint are resumed, the proceedings, including any
proceedings on appeal, shall be conducted on the record of the
stipulation of facts relating to the complaint.
    (f) If the person entering into a diversion agreement is a
nonresident, the attorney general or county or district attorney shall
                   HOUSE BILL No. 2347—page 11
transmit a copy of the diversion agreement to the division. The division
shall forward a copy of the diversion agreement to the motor vehicle
administrator of the person's state of residence.
    (g) If the attorney general or county or district attorney elects to
offer diversion in lieu of further criminal proceedings on the complaint
and the defendant agrees to all of the terms of the proposed agreement,
the diversion agreement shall be filed with the district court and the
district court shall stay further proceedings on the complaint. If the
defendant declines to accept diversion, the district court shall resume
the criminal proceedings on the complaint.
    (h) Except as provided in subsection (i), if a diversion agreement
is entered into in lieu of further criminal proceedings alleging
commission of a misdemeanor by the defendant, while under 21 years
of age, under K.S.A. 21-5701 through 21-5717, and amendments
thereto, or K.S.A. 41-719, 41-727, 41-804, 41-2719 or 41-2720, and
amendments thereto, the agreement shall require the defendant to
participate in an alcohol and drug evaluation conducted by a licensed
provider pursuant to K.S.A. 8-1008, and amendments thereto, and
follow any recommendation made by the provider after such
evaluation.
    (i) If the defendant is 18 or more years of age but less than 21
years of age and allegedly committed a violation of K.S.A. 41-727, and
amendments thereto, involving cereal malt beverage, the provisions of
subsection (h) are permissive and not mandatory.
    (j) If a diversion agreement is entered into in lieu of further
criminal proceedings on a complaint alleging a violation of K.S.A. 21-
6421, and amendments thereto, the agreement shall include:
    (1) Shall include A requirement that the defendant pay a fine
specified by the agreement in an amount equal to an amount authorized
by K.S.A. 21-6421, and amendments thereto; and
    (2) (A) may includefor agreements entered into prior to July 1,
2027, a requirement that the defendant enter into and complete a
suitable educational or treatment program regarding commercial sexual
exploitation; and
    (B) for agreements entered into on or after July 1, 2027, a
requirement that the defendant enter into and complete an educational
or treatment program approved by the attorney general pursuant to
section 1, and amendments thereto, regarding commercial sexual
exploitation.
    (k) Except diversion agreements reported under subsection (l), the
attorney general or county or district attorney shall forward to the
Kansas bureau of investigation a copy of the diversion agreement at the
time such agreement is filed with the district court. The copy of the
agreement shall be made available upon request to the attorney general
or any county, district or city attorney or court.
    (l) At the time of filing the diversion agreement with the district
court, the attorney general or county or district attorney shall forward to
the division of vehicles of the state department of revenue a copy of
any diversion agreement entered into in lieu of further criminal
proceedings on a complaint alleging a violation of K.S.A. 8-1567, and
amendments thereto. The copy of the agreement shall be made
available upon request to the attorney general or any county, district or
city attorney or court.
                    HOUSE BILL No. 2347—page 12
   Sec. 12. K.S.A. 12-4106, 12-4120, 12-4416, 21-5426, 21-5801,
21-5828, 21-6421, 21-6422 and 22-2909 are hereby repealed.
   Sec. 13. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
                                                 Speaker of the House.
                                                 Chief Clerk of the House.
Passed the SENATE
      as amended
SENATE adopted
Conference Committee Report
                                                  President of the Senate.
                                                  Secretary of the Senate.
APPROVED
                                                                Governor.