2012 News Releases

Attorney General Schmidt recommends child-protection laws to legislature

Release Date: Jan 06, 2012

TOPEKA – (January 6, 2012) – Kansas Attorney General Derek Schmidt today made seven recommendations for the legislature to strengthen Kansas efforts to protect children from violent crime.

“Protecting kids from violent crime is a top priority for all Kansans,” Schmidt said. “There is broad, bipartisan consensus on these issues, and our recommendations for the legislature to consider this year would strengthen the law enforcement community’s ability to protect our kids.”

The attorney general’s recommendations are:

  1. Enact lifetime no-contact order: Authorize courts to enter lifetime no-contact orders in appropriate cases. These orders would not require periodic renewal. Authority would include situations barring offenders from contacting their child victims.
  2. Prohibit reproduction of child pornography: Prevent the re-victimization of child pornography victims by amending Kansas law to conform with the federal prohibition on reproducing pornographic child images for purposes of criminal discovery. As under federal law, visual depictions could be viewed by the defense at a crime laboratory or other location controlled by law enforcement but copies could not be made or released.
  3. Modify the statute of limitations for certain crimes against children: Provide for an extended statute of limitations for certain sexually violent offenses committed against child victims.
  4. Strengthen prohibition on sexual contact between foster parents and foster children: Expand the crime of Unlawful Sexual Relations to include foster parents and contractors in the definition of “position of trust.”
  5. Streamline SVP process: Minimize the need for child victims to testify at civil commitment proceedings for sexually violent predators (SVP) by broadening the current-law hearsay exceptions for SVP proceedings to apply at any “proceeding,” not only at “trial.”
  6. Clarify legislative intent for lifetime electronic monitoring: In qualifying Jessica’s Law cases, clarify that mandatory post-release lifetime electronic monitoring is part of the initial sentence and is not left to the discretion of the Prisoner Review Board. This would respond to the Kansas Supreme Court’s ruling in State v. Jolly and would re-establish the original intent of the lifetime electronic monitoring provision in Jessica’s Law.
  7. Expand KBI capacity to investigate crimes against children: Add capacity at the Kansas Bureau of Investigation to support investigations of crimes against children, including cybercrimes, throughout the state.

Attorney General Schmidt said he will ask that legislation be introduced to accomplish each of these recommendations early in the 2012 legislative session, which begins January 9.

“These are reasonable steps that can be taken during a tight budget year to make Kansas a safer place to raise a family,” Schmidt said. “I look forward to working with members of the legislature this year to make this a priority.”

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