75-724. DNA database fee; DNA database fee fund; expenditures. (a) Any person convicted or adjudicated of an offense that, pursuant to K.S.A. 21-2511, and amendments thereto, requires submission of a DNA sample upon arrest, charging or placement in custody, shall pay a separate court cost of $200 as a Kansas bureau of investigation DNA database fee upon conviction or adjudication.
(b) The court shall order such fees regardless of whether the person's DNA sample was already on file with the Kansas bureau of investigation at the time such person was arrested, charged or placed in custody, unless the person can prove to the court that the person: (1) Has paid such fees in connection with a prior conviction or adjudication; and (2) did not submit specimens of blood or an oral or other biological sample authorized by the Kansas bureau of investigation to the Kansas bureau of investigation for the current offense of conviction or adjudication.
(c) The court shall not lessen or waive such fees unless the court has determined such person is indigent and the basis for the court's determination is reflected in the court's order.
(d) Such fees shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense.
(e) Disbursements from the Kansas bureau of investigation DNA database fee deposited into the DNA database fee fund of the Kansas bureau of investigation shall be made for the following:
(1) Providing DNA laboratory services;
(2) the purchase and maintenance of equipment for use by the laboratory in performing DNA analysis; and
(3) education, training and scientific development of Kansas bureau of investigation personnel regarding DNA analysis.
(f) Expenditures from the DNA database fee fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.
(g) All fees shall be remitted 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 deposit the entire amount in the state treasury to the credit of the DNA database fee fund, which is hereby established in the state treasury.
(h) Fees received into this fund shall be supplemental to regular appropriations to the Kansas bureau of investigation.
History: L. 2006, ch. 171, § 3; L. 2007, ch. 145, § 6; L. 2010, ch. 117, § 2; July 1.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
75-702 Duties and responsibilities; authority to prosecute and defend.
75-703 Prosecution on official bonds or contracts; civil and criminal actions.
75-704 Aid to county attorneys; opinions.
75-704a Opinions; filing requirements; headings; synopsis.
75-705 Drafts for contracts, forms and writings; reports to legislature.
75-705a State board of education defined.
75-706 Payments of moneys into treasury.
75-708 Performance of other duties required by law.
75-709 Accounting for fees and moneys.
75-710 Assistants and employees; powers and duties.
75-711 Kansas bureau of investigation; establishment; director and other personnel.
75-712c Same; reports of missing persons; duties of law enforcement agencies.
75-712d Same; missing and unidentified person information clearinghouse.
75-712e Purchase of insurance for aircraft owned by Kansas bureau of investigation authorized.
75-712f Report of missing person required, when; notice of person's return.
75-716 Authorized uses of moneys in attorney general's antitrust special revenue fund.
75-721 Statewide drug abuse resistance education (D.A.R.E.) coordinator; duties.
75-722 Kansas bureau of investigation; consultation concerning drug trends; report to legislature.
75-724 DNA database fee; DNA database fee fund; expenditures.
75-725 Medicaid fraud and abuse division in the office of the attorney general.
75-726 Access to records by the attorney general.
75-727 Payment of reward for persons providing certain information.
75-752 Authorizing transfers between certain funds of the attorney general.
75-753 Complaints regarding Kansas open records act and Kansas open meetings act; duties.
75-754 Kansas silver alert plan; purpose and procedure.
75-756 Authorizing coordination of training regarding human trafficking.
75-757 Human trafficking advisory board.
75-758 Human trafficking victim assistance fund established; expenditures.
75-760 Attorney general's open government fund; distribution.
75-761 Training programs established by attorney general; open meetings act; open records act.
75-762 Rules and regulations to implement provisions of the open records act and open meetings act.
75-763 Rules and regulations for skill development training for school misconduct.
75-765 Fraud and abuse criminal prosecution fund; deposits and expenditures.
75-766 Public policy concerning prosecuting attorneys; authorizing certain agreements.
75-768 Postconviction case briefs required to be served on and approved by attorney general.
75-769 Legal representation charges to state agencies for legal services.
75-772 Kansas youth suicide prevention coordinator; duties.
75-773 Crime victims compensation division in the office of the attorney general.
75-775 Kansas fights addiction act; citation of act.
75-779 Same; responsibility for costs, expenses and attorney fees arising from opioid litigation.
75-781 Same; Kansas fights addiction grant review board report on activities.