Kansas 2025-2026 Regular Session Status: In Committee

HB 2404 — Prohibiting certain sex offenders from entering onto school property or attending school activities and creating criminal penalties for violation thereof.

Last action — Stricken from Calendar by Rule 1507

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced March 06, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

473 added · 288 removed

Plain-language change summary

The recent amendment to Bill HB 2404 adds new restrictions for certain adult sex offenders, specifically prohibiting them from entering school property or attending school activities if their crime involved a victim under 18. Additionally, it establishes criminal penalties for violations of this law and prohibits these offenders from living within 1,000 feet of school property. Importantly, exceptions are included for voting and attending religious services. These changes aim to enhance child safety in school environments by limiting access for individuals with specific criminal backgrounds.

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Session of 2025 HOUSE BILLNo.
AsAmended by House Committee Session of 2025 HOUSE BILLNo.
making it unlawful for adult sex offenders to enter onto certain school property or attend certain school activities and creating criminal penalties for violation thereof;
making it unlawful for certain adult sex offenders to enter onto certain school property or attend certain school activities and creating criminal penalties for violation thereof;
prohibiting certain adult sex offenders from residing within 1,000 feet of any school property;
authorizing certain offenders to petition for relief from registration requirements;
22-4901 and 22-4902 and repealing the existing sections.
22-4901 and, 22-4902 and 22-4908 and repealing the existing sections.
7 Be it enacted by the Legislature of the State of Kansas:
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) It shall be unlawful for any sex offender who is 18 years of age or older and whose underlying crime for which the offender is required to register under the Kansas offender registration act was a crime against a victim who was less than 18 years of age to enter onto school property or attend a school activity.
New Section 1. (a) (1) Except as provided in paragraphs (2), (3) and (4), it shall be unlawful for any sex offender who is 18 years of age or older and whose underlying crime for which the offender is required to register under the Kansas offender registration act was a crime against a victim who was less than 18 16 years of age to enter onto school property or attend a school activity.
(2) The provisions of this subsection shall not apply to a person who enters onto school property for the sole purpose of:
(A) Voting in an election when such school property is being used as a polling place and the person leaves such school property immediately after voting;
or (B) attending a religious service when such school property is being used for a religious service and the person leaves such school property immediately after such religious service.
(3) The provisions of this subsection shall not apply to a person who enters onto school property for instruction or attendance when the person is a student enrolled at a school in the unified school district that is using such property or at an accredited nonpublic school that is using such property.
Such school district or school may take actions as necessary to protect the safety of students and school employees.
(4) The provisions of this subsection shall not apply if such offender is a parent or guardian of an enrolled student and complies with any procedures established by the local school board to monitor the whereabouts of the offender for the duration of such offender's HB 2404—Am.
by HC 2 presence on the school property or attendance at the school activity.
A local school board may create such procedures and, if created, shall publish such procedures on the board's public website and include a method to notify parents of any plan approved for such an offender to be present on school property or attend a school activity at least 14 days prior to such presence or attendance.
(1) Upon a first conviction, a severity level 6, person felony;
(1) Upon a first conviction, a severity level 6 8, person felony;
New Sec.
2. (a) Except as provided in subsection (b), a sex offender who is 18 years of age or older and required to register for such offender's lifetime and whose underlying crime for which the offender is required to register under the Kansas offender registration act was a crime against a victim who was less than 18 years of age shall not reside within 1,000 feet of any school property.
(b) A sex offender described in subsection (a) may reside within 1,000 feet of a school property if such offender:
(1) Resides in a residence prior to July 1, 2025, that is within 1,000 feet of a school property.
Such offender shall, prior to July 31, 2025, notify the registering law enforcement agency of the county or location of jurisdiction where such school property is located that such offender resides within 1,000 feet of such school property and provide verifiable proof to such agency that such offender resided in such residence prior to July 1, 2025;
or (2) resides in a residence that was not within 1,000 feet of a school property but school property has been subsequently built or acquired within 1,000 feet of such residence.
Not later than 7 days after such school property begins being used for instruction of students, such offender shall notify the registering law enforcement agency of the county or location of jurisdiction where such school property is located that such offender resides within 1,000 feet of such school property and provide verifiable proof to such agency that such offender resided in such residence prior to such school property being used for instruction of students.
(c) For the purposes of this section, 1,000 feet shall be measured from the edge of the structure in which the offender resides, including an attached garage, that is nearest to the school property to the edge of the school property that is nearest to such structure.
(d) As used in this section, "school property" means property HB 2404—Am.
by HC 3 upon which is located a structure used by a unified school district or an accredited nonpublic school for instruction for students enrolled in kindergarten or any of the grades one through 12.
(e) This section shall be a part of and supplemental to the Kansas offender registration act.
2. K.S.A.
2 3. K.S.A.
3. K.S.A.
3 4. K.S.A.
HB 2404 2 (1) On or after April 14, 1994, is convicted of any sexually violent crime;
(1) On or after April 14, 1994, is convicted of any sexually violent crime;
(5) is convicted of sexual battery, as defined in K.S.A.
HB 2404—Am.
by HC 4 (5) is convicted of sexual battery, as defined in K.S.A.
HB 2404 3 (4) criminal sodomy, as defined in K.S.A.
(4) criminal sodomy, as defined in K.S.A.
21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the defendant or another;
21-5426(b), and amendments thereto, if HB 2404—Am.
by HC 5 committed in whole or in part for the purpose of the sexual gratification of the defendant or another;
or (19) any act that has been determined beyond a reasonable doubt to have been sexually motivated, unless the court, on the record, finds that the act involved non-forcible sexual conduct, the victim was at least 14 years of age and the offender was not more than four years older than the HB 2404 4 victim.
or (19) any act that has been determined beyond a reasonable doubt to have been sexually motivated, unless the court, on the record, finds that the act involved non-forcible sexual conduct, the victim was at least 14 years of age and the offender was not more than four years older than the victim.
(F) kidnapping, as defined in K.S.A.
HB 2404—Am.
by HC 6 (F) kidnapping, as defined in K.S.A.
21-5301, 21-5302 and 21-5303, and amendments thereto, of an HB 2404 5 offense defined in this subsection.
21-5301, 21-5302 and 21-5303, and amendments thereto, of an offense defined in this subsection.
or (3) is or has been convicted of an attempt, conspiracy or criminal solicitation, as defined in K.S.A.
HB 2404—Am.
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by HC 7 or (3) is or has been convicted of an attempt, conspiracy or criminal solicitation, as defined in K.S.A.
(i) "Employment" means any full-time, part-time, transient, day-labor employment or volunteer work, with or without compensation, for three or HB 2404 6 more consecutive days or parts of days, or for 10 or more nonconsecutive days in a period of 30 consecutive days.
(i) "Employment" means any full-time, part-time, transient, day-labor employment or volunteer work, with or without compensation, for three or more consecutive days or parts of days, or for 10 or more nonconsecutive days in a period of 30 consecutive days.
(o) "Registering entity" means any person, agency or other governmental unit, correctional facility or registering law enforcement agency responsible for obtaining the required information from, and explaining the required registration procedures to, any person required to register pursuant to the Kansas offender registration act.
(o) "Registering entity" means any person, agency or other governmental unit, correctional facility or registering law enforcement HB 2404—Am.
by HC 8 agency responsible for obtaining the required information from, and explaining the required registration procedures to, any person required to register pursuant to the Kansas offender registration act.
(t) "School activity" means an activity sponsored by a unified school district or an accredited nonpublic school at which students in kindergarten or any of the grades one through 12 or children under the age of eligibility to attend kindergarten who attend a preschool program HB 2404 7 are the primary intended participants or the primary intended audience, including, but not limited to, school instructional time, after school care, after school tutoring, athletic events, school dances and social events, field trips, school plays or assemblies.
(t) "School activity" means an activity sponsored by a unified school district or an accredited nonpublic school at which students in kindergarten or any of the grades one through 12 or children under the age of eligibility to attend kindergarten who attend a preschool program are the primary intended participants or the primary intended audience, including, but not limited to, school instructional time, after school care, after school tutoring, athletic events, school dances and social events, field trips, school plays or assemblies.
(C) adjudicated as a juvenile offender for an act which, if committed by an adult, would constitute the commission of sexual extortion as defined in K.S.A.
(C) adjudicated as a juvenile offender for an act which, if committed HB 2404—Am.
by HC 9 by an adult, would constitute the commission of sexual extortion as defined in K.S.A.
4. K.S.A.
5. K.S.A.
22-4901 and 22-4902 are hereby repealed.
22-4908 is hereby amended to read as follows:
22- 4908.
(a) (1) Except as provided in subsection (b), a drug offender who is required to register under the Kansas offender registration act may file a verified petition for relief from registration requirements if the offender has registered for a period of at least five years after the date of parole, discharge or release, whichever date is most recent, or, if not confined, five years from the date of conviction or adjudication.
(2) Except as provided in subsection (b), an offender described in this paragraph who is required to register under the Kansas offender registration act may file a verified petition for relief from registration requirements if the offender has registered for a period of at least 10 years after the date of parole, discharge or release, whichever date is most recent, or, if not confined, 10 years from the date of conviction or adjudication:
(A) An offender who was convicted or adjudicated of an offense prior to July 1, 2011, that, at the time of conviction or adjudication, did not require such offender to register under the Kansas offender registration act, but is required to register because of the retroactive application of section 6 of chapter 95 of the 2011 Session Laws of Kansas;
and (B) an offender who was originally required to register under the Kansas offender registration act for 10 years for an offense committed prior to July 1, 2011, but is required to register for a longer period because of the retroactive application of section 6 of chapter 95 of the 2011 Session Laws of Kansas.
(b) An offender who is required to register pursuant to K.S.A.
22- 4906(k), and amendments thereto, because of an out-of-state conviction or adjudication may not petition for relief from registration requirements in this state if the offender would be required to register under the law of the state or jurisdiction where the conviction or adjudication occurred.
If the offender would no longer be required to register under the law of the state or jurisdiction where the conviction or adjudication occurred, the offender may file a verified petition pursuant to subsection (a).
(c) Any period of time during which an offender is incarcerated in any jail or correctional facility or during which the offender does HB 2404—Am.
by HC 10 not substantially comply with the requirements of the Kansas offender registration act shall not count toward the duration of registration required in subsection (a).
(d) (1) A verified petition for relief from registration requirements shall be filed in the district court in the county where the offender was convicted or adjudicated of the offense requiring registration.
If the offender was not convicted or adjudicated in this state of the offense requiring registration, such petition shall be filed in the district court of any county where the offender is currently required to register.
The docket fee shall be as provided in K.S.A.
60- 2001, and amendments thereto.
(2) The petition shall include:
(A) The offender's full name;
(B) the offender's full name at the time of conviction or adjudication for the offense or offenses requiring registration, if different than the offender's current name;
(C) the offender's sex, race and date of birth;
(D) the offense or offenses requiring registration;
(E) the date of conviction or adjudication for the offense or offenses requiring registration;
(F) the court in which the offender was convicted or adjudicated of the offense or offenses requiring registration;
(G) whether the offender has been arrested, convicted, adjudicated or entered into a diversion agreement for any crime during the period the offender is required to register;
and (H) the names of all treatment providers and agencies that have treated the offender for mental health, substance abuse and offense- related behavior since the date of the offense or offenses requiring registration.
(3) The judicial council shall develop a petition form for use under this section.
(4) When a petition is filed, the court shall set a date for a hearing on such petition and cause notice of the hearing to be given to the county or district attorney in the county where the petition is filed.
Any person who may have relevant information about the offender may testify at the hearing.
(5) The county or district attorney shall notify any victim of the offense requiring registration who is alive and whose address is known or, if the victim is deceased, the victim's family if the family's address is known.
The victim or victim's family shall not be compelled to testify or provide any discovery to the offender.
(6) The county or district attorney shall have access to all applicable records, including records that are otherwise confidential HB 2404—Am.
by HC 11 or privileged.
(e) (1) The court may require a drug offender who is petitioning for relief under this section to undergo a risk assessment.
(2) Any risk assessment ordered under this subsection shall be performed by a professional agreed upon by the parties or a professional approved by the court.
Such risk assessment shall be performed at the offender's expense.
(f) The court shall order relief from registration requirements if the offender shows by clear and convincing evidence that:
(1) The offender has not been convicted or adjudicated of a felony, other than a felony violation or aggravated felony violation of K.S.A.
22-4903, and amendments thereto, within the five years immediately preceding the filing of the petition, and no proceedings involving any such felony are presently pending or being instituted against the offender;
(2) the offender's circumstances, behavior and treatment history demonstrate that the offender is sufficiently rehabilitated to warrant relief;
and (3) registration of the offender is no longer necessary to promote public safety.
(g) If the court denies an offender's petition for relief, the offender shall not file another petition for relief until three years have elapsed, unless a shorter time period is ordered by the court.
(h) If the court grants relief from registration requirements, the court shall order that the offender be removed from the offender registry and that the offender is no longer required to comply with registration requirements.
Within 14 days of any order, the court shall notify the Kansas bureau of investigation and any local law enforcement agency that registers the offender that the offender has been granted relief from registration requirements.
The Kansas bureau of investigation shall remove such offender from any internet website maintained pursuant to K.S.A.
22-4909, and amendments thereto.
(i) An offender may combine a petition for relief under this section with a petition for expungement under K.S.A.
21-6614, and amendments thereto, if the offense requiring registration is otherwise eligible for expungement.
5. This act shall take effect and be in force from and after its publication in the statute book.
4.
6. K.S.A.
22-4901 and, 22-4902 and 22-4908 are hereby repealed.
Sec.
5.
7. This act shall take effect and be in force from and after its publication in the statute book.
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Action History

  1. Stricken from Calendar by Rule 1507

  2. Committee Report recommending bill be passed as amended by House Committee on Judiciary

  3. Introduced

  4. Referred to House Committee on Judiciary

Sponsors

  • Committee on Taxation · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 164 not signed on

Sponsors (1)

  • Committee on Taxation

Co-sponsors (0)

None.

Not signed on (164)

164 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 2404?
HB 2404 is sponsored by Committee on Taxation.
What is the current status of HB 2404?
This bill is in committee in the House. Introduced March 06, 2025. It must pass committee before a floor vote.
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