K.S.A. » Chapter 28
Kansas Statutes Annotated

K.S.A. § 28-176 (2026)

Laboratory analysis fee charged as separate court costs in certain cases; use of proceeds

✓ current as of May 2026
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28-176. Laboratory analysis fee charged as separate court costs in certain cases; use of proceeds. (a) The court shall order any person convicted or diverted, or adjudicated or diverted under a preadjudication program pursuant to K.S.A. 22-2906 et seq., K.S.A. 38-2346 et seq., or 12-4414, and amendments thereto, of a misdemeanor or felony contained in chapters 21, 41 or 65 of the Kansas Statutes Annotated, and amendments thereto, or a violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or a violation of a municipal ordinance or county resolution prohibiting the acts prohibited by such statutes, unless the municipality or county has an agreement with the laboratory providing services that sets a restitution amount to be paid by the person that is directly related to the cost of laboratory services, to pay a separate court cost of $400 for every individual offense if forensic science or laboratory services, forensic computer examination services or forensic audio and video examination services are provided, in connection with the investigation, by:

(1) The Kansas bureau of investigation;

(2) the Sedgwick county regional forensic science center;

(3) the Johnson county sheriff's laboratory;

(4) the heart of America regional computer forensics laboratory;

(5) the Wichita-Sedgwick county computer forensics crimes unit; or

(6) the Garden City police department computer, audio and video forensics laboratory.

(b) 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.

(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 deposited into the designated fund of the laboratory or forensic science or computer center that provided such services. Fees for services provided by:

(1) The Kansas bureau of investigation shall be deposited in the Kansas bureau of investigation forensic laboratory and materials fee fund which is hereby created;

(2) the Sedgwick county regional forensic science center shall be deposited in the Sedgwick county general fund;

(3) the Johnson county sheriff's laboratory shall be deposited in the Johnson county sheriff's laboratory analysis fee fund;

(4) the heart of America regional computer forensics laboratory shall be deposited in the general treasury account maintained by such laboratory;

(5) the Wichita-Sedgwick county computer forensic crimes unit shall be retained by the Sedgwick county sheriff. All funds retained by the sheriff pursuant to the provisions of this section shall be credited to a special fund of the sheriff's office; and

(6) the Garden City police department computer, audio and video forensics laboratory shall be deposited in the Garden City general fund.

(e) Disbursements from the funds and accounts described in subsection (d) shall be made for the following:

(1) Forensic science or laboratory services;

(2) forensic computer examination services;

(3) forensic audio and video examination services;

(4) purchase and maintenance of laboratory equipment and supplies;

(5) education, training and scientific development of personnel; and

(6) from the Kansas bureau of investigation forensic laboratory and materials fee fund, the destruction of seized property and chemicals as described in K.S.A. 22-2512 and 60-4117, and amendments thereto.

(f) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas bureau of investigation forensic laboratory and materials fee fund interest earnings based on:

(1) The average daily balance of moneys in the Kansas bureau of investigation forensic laboratory and materials fee fund for the preceding month; and

(2) the net earnings rate of the pooled money investment portfolio for the preceding month.

(g) All expenditures from the Kansas bureau of investigation forensic laboratory and materials fee fund shall be made in accordance with appropriations acts 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.

History: L. 1992, ch. 298, § 83; L. 1996, ch. 224, § 6; L. 2000, ch. 32, § 1; L. 2002, ch. 124, § 1; L. 2006, ch. 169, § 105; L. 2008, ch. 175, § 5; L. 2010, ch. 117, § 1; L. 2011, ch. 105, § 29; L. 2014, ch. 1, § 3; L. 2014, ch. 117, § 4; July 1.

Notes of Decisions
Cited in 18 cases (15 in the last 5 years), 1995–2026 · leading case: State v. Goeller, 77 P.3d 1272 (Kan. 2003).
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State v. Goeller, 77 P.3d 1272 (Kan. 2003). · cites it 2× “shall pay a separate court cost of $150 as a Kansas bureau of investigation laboratory analysis fee for each offense if forensic science or laboratory services are rendered or administered bv the Kansas bureau of investigation in connection with the case.”
State v. Likins, 903 P.2d 764 (Kan. Ct. App. 1995). · cites it 4× “Effective July 1,1993, K.S.A. 28-176 requires a sentencing court to assess a court cost of $150 in any conviction for an offense listed in chapters 21 or 65 of the Kansas statutes if forensic science or lab work is necessary.”
State v. Robinson (Kan. Ct. App. 2022). · cites it 19× “Resolving Robinson's challenge involves the interpretation of K.S.A. 28-176. Again, interpretation of a statute is a question of law over which appellate courts have unlimited review.”
State v. Boyd (Kan. Ct. App. 2023). · cites it 7× “Boyd's claims require this court to interpret a statute—K.S.A. 28-176—which presents a question of law subject to unlimited review.”
State v. Garrison (Kan. Ct. App. 2024). · cites it 7× “This court has held the laboratory fee—to be assessed against defendants convicted of specified crimes under K.S.A. 28-176 when the State's investigation requires laboratory or forensic services—is an administrative court cost rather than a punitive sanction.”
State v. Aguilar, 217 P.3d 994 (Kan. Ct. App. 2009). · cites it 7× “Aguilar argues that under K.S.A. 2008 Supp. 28-176(a), the district court erred in imposing the lab fee because he was not charged with a drug-related offense.”
State v. Gifford (Kan. Ct. App. 2024). · cites it 4× “K.S.A. 28-176(a) requires any person convicted of a crime to pay a $400 fee anytime laboratory services are provided by KBI as part of the investigation in the case.”
State v. Gatewood (Kan. 2026). · cites it 3× “The district court ordered Gatewood to pay several fees, including a forensic services fee under K.S.A. 28-176(a)(5) of $400 per offense, for a total of $3,600; a Children's Advocacy Center assessment fee under K.”
State v. Dayvault (Kan. Ct. App. 2024). · cites it 2× “21-6627(b)(2)(B) and the proper lab fees under K.S.A. 28-176. FACTUAL AND PROCEDURAL BACKGROUND On November 15, 2015, H.”
State v. Dayvault (Kan. Ct. App. 2024). · cites it 2× “21-6627(b)(2)(B) and the proper lab fees under K.S.A. 28-176. FACTUAL AND PROCEDURAL BACKGROUND On November 15, 2015, H.”
State v. Schmidt (Kan. Ct. App. 2025). · cites it 2× “Schmidt Failed to Preserve His Claim Regarding the KBI Lab Fee Schmidt further argues the district court erred in ordering him to pay a $400 KBI lab fee in accordance with K.S.A. 28-176(a) because there was no evidence presented that any lab testing was performed.”
State v. Daniels (Kan. Ct. App. 2026). · cites it 2× “As part of sentencing, the district court ordered Daniels to pay two Kansas Bureau of Investigation (KBI) lab fees under K.S.A. 28-176(a)(1), which Daniels now challenges.”
Show all 18 citing cases →
— K.S.A. § 28-176(a) — 12 cases
State v. Robinson (Kan. Ct. App. 2022). “Resolving Robinson's challenge involves the interpretation of K.S.A. 28-176. Again, interpretation of a statute is a question of law over which appellate courts have unlimited review.”
State v. Aguilar, 217 P.3d 994 (Kan. Ct. App. 2009). “Aguilar argues that under K.S.A. 2008 Supp. 28-176(a), the district court erred in imposing the lab fee because he was not charged with a drug-related offense.”
State v. Garrison (Kan. Ct. App. 2024). “This court has held the laboratory fee—to be assessed against defendants convicted of specified crimes under K.S.A. 28-176 when the State's investigation requires laboratory or forensic services—is an administrative court cost rather than a punitive sanction.”
State v. Gifford (Kan. Ct. App. 2024). “K.S.A. 28-176(a) requires any person convicted of a crime to pay a $400 fee anytime laboratory services are provided by KBI as part of the investigation in the case.”
State v. Schmidt (Kan. Ct. App. 2025). “Schmidt Failed to Preserve His Claim Regarding the KBI Lab Fee Schmidt further argues the district court erred in ordering him to pay a $400 KBI lab fee in accordance with K.S.A. 28-176(a) because there was no evidence presented that any lab testing was performed.”
— K.S.A. § 28-176(a)(1) — 2 cases
State v. Daniels (Kan. Ct. App. 2026). “As part of sentencing, the district court ordered Daniels to pay two Kansas Bureau of Investigation (KBI) lab fees under K.S.A. 28-176(a)(1), which Daniels now challenges.”
State v. Garrison (Kan. Ct. App. 2024). “This court has held the laboratory fee—to be assessed against defendants convicted of specified crimes under K.S.A. 28-176 when the State's investigation requires laboratory or forensic services—is an administrative court cost rather than a punitive sanction.”
— K.S.A. § 28-176(a)(5) — 1 case
State v. Gatewood (Kan. 2026). “The district court ordered Gatewood to pay several fees, including a forensic services fee under K.S.A. 28-176(a)(5) of $400 per offense, for a total of $3,600; a Children's Advocacy Center assessment fee under K.”
— K.S.A. § 28-176(c) — 3 cases
State v. Robinson (Kan. Ct. App. 2022). “Resolving Robinson's challenge involves the interpretation of K.S.A. 28-176. Again, interpretation of a statute is a question of law over which appellate courts have unlimited review.”
State v. Gifford (Kan. Ct. App. 2024). “K.S.A. 28-176(a) requires any person convicted of a crime to pay a $400 fee anytime laboratory services are provided by KBI as part of the investigation in the case.”
State v. Garrison (Kan. Ct. App. 2024). “This court has held the laboratory fee—to be assessed against defendants convicted of specified crimes under K.S.A. 28-176 when the State's investigation requires laboratory or forensic services—is an administrative court cost rather than a punitive sanction.”
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