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Volume 42 - Issue 47 - November 23, 2023

State of Kansas

Kansas Bureau of Investigation

Permanent Administrative Regulations

Article 21.—KANSAS BUREAU OF INVESTIGATION DNA DATABANK

10-21-1. Definitions. As used in this article of the KBI’s regulations, each of the following terms shall have the meaning specified in this regulation:

(a) “Buccal sample” means a biological sample obtained from a person’s inner cheek and oral fluid.

(b) “CODIS” means combined DNA index system. CODIS is the FBI’s national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories.

(c) “DNA” means deoxyribonucleic acid.

(d) “Director” means director of the KBI.

(e) “DNA analysis” means the process through which DNA in a human biological specimen is analyzed and compared with DNA from another human biological specimen for identification purposes.

(f) “DNA databank” means the repository of DNA samples collected pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(g) “DNA database” means the KBI’s DNA identification record system. It is administered by the KBI and provides DNA records to the FBI for storage and maintenance in CODIS. The KBI’s DNA database system is computer software and procedures administered by the KBI, to store and maintain DNA records submitted pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, and DNA records used for identifying individuals or quality control.

(h) “DNA record” means DNA identification information stored in the DNA database or CODIS. The DNA record is the result obtained from the DNA analysis tests. The DNA record is comprised of the characteristics of a DNA sample that are of value in establishing the identity of individuals. The DNA record shall not contain any of the personal information submitted to the KBI on any form prescribed by the director. The results of all DNA identification tests on an individual’s DNA sample are also collectively referred to as the DNA profile of an individual.

(i) “DNA sample” means any blood sample or buccal sample submitted pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, or submitted to the KBI laboratory for analysis pursuant to a criminal investigation.

(j) “FBI” means federal bureau of investigation.

(k) “KBI” means Kansas bureau of investigation.

(l) “Law enforcement” means those law enforcement officers and agencies authorized to receive information under K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(m) “NDIS” means national DNA index system. NDIS is the FBI’s centralized system of DNA identification records contributed by state and local forensic DNA laboratories.

(n) “Population statistic database” means a set of data from representative groups of individuals that is used to estimate the frequency of a particular DNA profile in a population.

(o) “Registered offender” means any person required to register as an offender pursuant to the Kansas offender registration act, K.S.A. 22-4901 et seq. and amendments thereto. (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

10-21-3. Procedural compatibility with the FBI. (a) The DNA database shall be compatible with the following documents, which are hereby adopted by reference:

(1) The FBI’s “national DNA index system (NDIS) operational procedures manual,” version 11, effective July 1, 2022, including the appendices, except for the following:

(A) Table of contents;

(B) introduction;

(C) all sections describing responsibilities of the NDIS Custodian, FBI’s CODIS Unit, NDIS Audit Review Panel, NDIS Procedures Board, director of the FBI, and deputy assistant director of the FBI;

(D) section 4.3 “standards for acceptance of mitochondrial DNA records at NDIS,” section 4.4 “standards for acceptance of next generation sequencing DNA records at NDIS,” and section 4.6 “rapid DNA analysis systems;”

(E) appendix C; and

(F) glossary.

(2) the FBI’s “quality assurance standards for DNA databasing laboratories,” effective July 1, 2020 and the FBI’s “quality assurance standards audit for DNA databasing laboratories” in effect July 1, 2020.

(b) DNA samples shall be received by the KBI for storage and analysis. The DNA analysis may be conducted under contract with the KBI by a qualified DNA laboratory that meets KBI procedural guidelines.

(1) Each DNA record submitted pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall be classified and filed by the KBI for the purposes specified in K.A.R. 10-21-2.

(2) The identity of individuals in the DNA database shall be made available to local, state, and federal law enforcement, approved CODIS crime laboratories that serve law enforcement, and the county or district attorney’s office in furtherance of a criminal investigation.

(c) A separate population statistic database that is comprised of DNA records from which all personal identifiers have been removed may be created by the KBI. This population statistic database may be made available to and searched by other approved CODIS crime laboratories or third parties that the KBI deems necessary to assist with analyses of the population statistic database. (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

10-21-4. Expungement. (a) Any person whose DNA record or profile has been included in the DNA database and whose DNA sample is stored in the DNA databank may apply for expungement on any of the grounds specified in K.S.A. 21-2511, and amendments thereto.

(b) The person, either individually or through an attorney, may make application to the KBI for expungement of the DNA record. The written application for expungement shall be on a form approved by the KBI and shall include the following information about the person:

(1) Name;

(2) date of birth;

(3) sex;

(4) race;

(5) place of birth, including city and state;

(6) district court case number and county;

(7) offense or offenses;

(8) county of arrest, charge, or conviction; and

(9) social security number.

(c) The application shall be submitted to the KBI along with a certified copy of the final order of reversal, dismissal, acquittal, or expungement of arrest, which shall be attached to the application for expungement.

(d) When an application for expungement is submitted, the record contained in the state’s DNA databank and DNA database shall be reviewed by the KBI to confirm the existence of the DNA record and the identity of the person who submitted a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto. The DNA record and all other identifiable information shall be purged from the DNA database, and the DNA sample stored in the DNA databank shall be purged after the person no longer meets the requirements to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(e) If the person has more than one offense that requires submission of a DNA sample to the DNA databank, then only the offense covered by the expungement shall be expunged. The samples submitted shall be retained if additional offenses require retention pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(f) If a person has a record expunged, that person shall be treated as not having had a DNA record in the DNA database, DNA databank, or CODIS for that offense.

(g) Upon receiving information regarding a person who submitted a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq. and amendments thereto, a DNA record may be expunged by the KBI on its own initiative according to this article of the KBI’s regulations. (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

10-21-5. Maintenance. (a) Access to DNA samples shall be limited to DNA analysis for profiles included in the DNA databank.

(b) All DNA records and samples obtained by the KBI shall be maintained, preserved, and securely stored by the KBI. (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

10-21-6. Collection of samples for DNA databank. (a) The collection, labeling, storage, handling, preservation, and shipment of DNA samples obtained from persons required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, for the DNA databank shall be in conformance with the manner prescribed by the director. Copies of the applicable protocol may be obtained from the KBI laboratory.

(b) Each person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall be positively identified using photo identification before taking the DNA sample.

(c) When the person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq. and amendments thereto is positively identified, one buccal sample shall be taken from the person.

(d) Each buccal sample shall be taken using only the DNA sample collection kit provided by the KBI.

(e)(1) The DNA information form provided in the collection kit or generated from the remote-collection software shall be completed, providing all information requested on the form.

(2) The left and right thumbs of the person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall be imprinted by means of an inked impression in the spaces indicated on the form.

(3) Each person taking the DNA sample and thumbprints shall complete and sign, as indicated on the form, a verification that the DNA sample was taken from the positively identified person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(f) All buccal samples collected shall be submitted as soon as possible to the KBI in the manner prescribed in the DNA sample collection kit’s instructions.

(g) Results from the DNA analysis made from buccal samples obtained from persons required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq. and amendments thereto, shall be entered into the DNA database.

(h) Each person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall submit the DNA sample upon arrest, charge, or placement in custody pursuant to K.S.A. 21-2511, and amendments thereto, or upon registration pursuant to K.S.A. 22-4901 et seq., and amendments thereto.

(i) Law enforcement shall facilitate the collection of DNA samples. Each person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall have the DNA sample collection kit completed at a law enforcement agency.

(j) When any person is convicted or adjudicated, the cost or fee associated with collection of the DNA sample shall be paid by the person submitting the DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto. (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

Tony Mattivi
Director
Kansas Bureau of Investigation

Doc. No. 051678

Secretary of State Seal