59-29a14. Same; special allegation of sexual motivation; procedure; withdrawal or dismissal. - Kansas Statutes

59-29a14

Chapter 59.--PROBATE CODE Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS

      59-29a14.   Same; special allegation of sexual motivation; procedure;withdrawal or dismissal.(a) The county or district attorney shall file a specialallegation of sexual motivation within 10 days after arraignment in everycriminal case other than sex offenses as defined in article 35 of chapter 21 ofthe Kansas Statutes Annotated and amendments thereto, when sufficientadmissible evidence exists, which, when considered with the most plausible,reasonably foreseeable defense that could be raised under the evidence, wouldjustify a finding of sexual motivation by a reasonable and objective factfinder.

      (b)   In a criminal case wherein there has been a special allegation, thestate shall prove beyond a reasonable doubt that the accused committed thecrimewith a sexual motivation. The court shall make a finding of fact of whether ornot a sexual motivation was present at the time of the commission of the crime,or if a jury trial is had, the jury, if it finds the defendant guilty, alsoshall find a special verdict as to whether or not the defendant committed thecrime with a sexual motivation. This finding shall not be applied to sexoffenses as defined in article 35 of chapter 21 of the Kansas StatutesAnnotated and amendments thereto.

      (c)   The county or district attorney shall not withdraw the specialallegation of sexual motivation without approval of the court through an orderof dismissal of the special allegation. The court shall not dismiss thisspecial allegation unless it finds that such an order is necessary to correctan error in the initial charging decision or unless there are evidentiaryproblems which make proving the special allegation doubtful.

      History:   L. 1994, ch. 316, § 14; May 19.