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Kansas Statutes Annotated

K.S.A. § 22-4701 (2026)

Definitions

✓ current as of May 2026
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22-4701. Definitions. As used in this act, unless the context clearly requires otherwise:

(a) "Central repository" means the criminal justice information system central repository created by this act and the juvenile offender information system created pursuant to K.S.A. 38-2326, and amendments thereto.

(b) "Criminal history record information" means all data initiated or collected by a criminal justice agency on a person pertaining to a reportable event, and any supporting documentation. Criminal history record information does not include:

(1) Data contained in intelligence or investigatory files or police work-product records used solely for police investigation purposes;

(2) wanted posters, police blotter entries, court records of public judicial proceedings or published court opinions;

(3) data pertaining to violations of the traffic laws of the state or any other traffic law or ordinance, other than vehicular homicide;

(4) presentence investigation and other reports prepared for use by a court in the exercise of criminal jurisdiction or by the governor in the exercise of the power of pardon, reprieve or commutation; or

(5) information regarding the release, assignment to work release, or any other change in custody status of a person confined by the department of corrections or a jail.

(c) "Criminal justice agency" means any government agency or subdivision of any such agency which is authorized by law to exercise the power of arrest, detention, prosecution, adjudication, correctional supervision, rehabilitation or release of persons suspected, charged or convicted of a crime and which allocates a substantial portion of its annual budget to any of these functions. The term includes, but is not limited to, the following agencies, when exercising jurisdiction over criminal matters or criminal history record information:

(1) State, county, municipal and railroad police departments, sheriffs' offices and countywide law enforcement agencies, correctional facilities, jails and detention centers;

(2) the offices of the attorney general, county or district attorneys and any other office in which are located persons authorized by law to prosecute persons accused of criminal offenses;

(3) the district courts, the court of appeals, the supreme court, the municipal courts and the offices of the clerks of these courts;

(4) the Kansas sentencing commission; and

(5) the prisoner review board.

(d) "Criminal justice information system" means the equipment, including computer hardware and software, facilities, procedures, agreements and personnel used in the collection, processing, preservation and dissemination of criminal history record information and any electronically stored information from a state agency or municipality.

(e) "Electronically stored information" means any documents or writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations stored in any medium from which information can be obtained either directly or, if necessary, after translation from a state agency or municipality into a reasonably useable form.

(f) "Director" means the director of the Kansas bureau of investigation.

(g) "Disseminate" means to transmit criminal history record information in any oral or written form. The term does not include:

(1) The transmittal of such information within a criminal justice agency;

(2) the reporting of such information as required by this act; or

(3) the transmittal of such information between criminal justice agencies in order to permit the initiation of subsequent criminal justice proceedings against a person relating to the same offense.

(h) "Reportable event" means an event specified or provided for in K.S.A. 22-4705, and amendments thereto.

History: L. 1978, ch. 118, § 1; L. 1982, ch. 182, § 125; L. 1983, ch. 140, § 5; L. 1990, ch. 115, § 2; L. 1996, ch. 229, § 27; L. 1997, ch. 156, § 39; L. 2006, ch. 169, § 101; L. 2011, ch. 100, § 11; L. 2012, ch. 16, § 24; L. 2013, ch. 10, § 2; L. 2015, ch. 3, § 1; L. 2016, ch. 31, § 1; July 1.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1980–2026 · leading case: Stephens v. Van Arsdale, 608 P.2d 972 (Kan. 1980).
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Stephens v. Van Arsdale, 608 P.2d 972 (Kan. 1980). · cites it 14× “Such information shall not be disclosed by any officer or employee of a criminal justice agency, as defined in K.S.A. 1979 Supp. 22-4701, to anyone other than another officer or employee of such a criminal justice agency, a prosecuting attorney or to the person arrested or his…”
Hundley v. McKune, 929 P.2d 1382 (Kan. Ct. App. 1996). · cites it 5× “The Secretary of Corrections responded on August 31, 1995, upholding the warden’s position.”
State Ex Rel. Stephan v. Finney, 836 P.2d 1169 (Kan. 1992). “Further, neither the tribe nor the Tribal Gaming Agency are criminal justice agencies as defined by K.S.A. 1991 Supp. 22-4701(c) and the dissemination to them of any information contained in the criminal justice information system by the KBI could be violative of K.”
State v. Ruff, 967 P.2d 742 (Kan. 1998). “Upon arrest for certain offenses, including sex offenses, it is the duty of the arresting law enforcement agency to collect identifying data, including fingerprints and a physical description, on the person arrested and forward that data to the KBI. K.S.A. 21-2501(a) and (c).”
Chamberlain v. Buhrman, 825 P.2d 168 (Kan. 1992). · cites it 2× “with a criminal justice agency, as defined by K.S.A. 22-4701, and amendments thereto.” (Emphasis added.”
State v. Jamil (Kan. Ct. App. 2026). · cites it 2× “22-4701(g) ("'Disseminate' means to transmit criminal history record information in any oral or written form.”
Schmidt v. State, 123 P.3d 738 (Kan. Ct. App. 2005). “K.S.A. 2004 Supp. 22-4701(b) also provides a laundiy list of data that does not constitute “criminal history record information.”
K.S.A. § 22-4701(b): 3 cases
Hundley v. McKune, 929 P.2d 1382 (Kan. Ct. App. 1996). “The Secretary of Corrections responded on August 31, 1995, upholding the warden’s position.”
State v. Ruff, 967 P.2d 742 (Kan. 1998). “Upon arrest for certain offenses, including sex offenses, it is the duty of the arresting law enforcement agency to collect identifying data, including fingerprints and a physical description, on the person arrested and forward that data to the KBI. K.S.A. 21-2501(a) and (c).”
Schmidt v. State, 123 P.3d 738 (Kan. Ct. App. 2005). “K.S.A. 2004 Supp. 22-4701(b) also provides a laundiy list of data that does not constitute “criminal history record information.”
K.S.A. § 22-4701(b)(3): 1 case
Stephens v. Van Arsdale, 608 P.2d 972 (Kan. 1980). “Such information shall not be disclosed by any officer or employee of a criminal justice agency, as defined in K.S.A. 1979 Supp. 22-4701, to anyone other than another officer or employee of such a criminal justice agency, a prosecuting attorney or to the person arrested or his…”
K.S.A. § 22-4701(c): 2 cases
State Ex Rel. Stephan v. Finney, 836 P.2d 1169 (Kan. 1992). “Further, neither the tribe nor the Tribal Gaming Agency are criminal justice agencies as defined by K.S.A. 1991 Supp. 22-4701(c) and the dissemination to them of any information contained in the criminal justice information system by the KBI could be violative of K.”
Chamberlain v. Buhrman, 825 P.2d 168 (Kan. 1992). “with a criminal justice agency, as defined by K.S.A. 22-4701, and amendments thereto.” (Emphasis added.”
K.S.A. § 22-4701(c)(3): 1 case
Stephens v. Van Arsdale, 608 P.2d 972 (Kan. 1980). “Such information shall not be disclosed by any officer or employee of a criminal justice agency, as defined in K.S.A. 1979 Supp. 22-4701, to anyone other than another officer or employee of such a criminal justice agency, a prosecuting attorney or to the person arrested or his…”
K.S.A. § 22-4701(c)(l): 1 case
Hundley v. McKune, 929 P.2d 1382 (Kan. Ct. App. 1996). “The Secretary of Corrections responded on August 31, 1995, upholding the warden’s position.”
K.S.A. § 22-4701(f): 1 case
Hundley v. McKune, 929 P.2d 1382 (Kan. Ct. App. 1996). “The Secretary of Corrections responded on August 31, 1995, upholding the warden’s position.”
K.S.A. § 22-4701(g): 1 case
State v. Jamil (Kan. Ct. App. 2026). “22-4701(g) ("'Disseminate' means to transmit criminal history record information in any oral or written form.”
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