K.S.A. Chapter 21 - Article 63

CRIMES AGAINST THE PUBLIC SAFETY

Current through end of 2014 legislative session

21-6301          Criminal use of weapons.

21-6302          Criminal carrying of a weapon.

21-6303          Criminal distribution of firearms to a felon.

21-6304          Criminal possession of a weapon.

21-6305          Aggravated weapons violation by a convicted felon.

21-6306          Defacing identification marks of a firearm.

21-6308          Criminal discharge of a firearm.

21-6308a         Unlawful discharge of a firearm.

21-6309          Unauthorized possession of a firearm on the grounds of or within certain state-owned or leased buildings and county courthouses.

21-6310          Unlawful endangerment.

21-6311          Failure to register sale of explosives.

21-6312          Criminal possession of explosives.

21-6313          Criminal street gang; definitions.

21-6314          Recruiting criminal street gang membership.

21-6315          Criminal street gang intimidation.

21-6316          Criminal street gang member; bail; exceptions.

21-6317          Endangering the Food Supply

21-6318          Creating a hazard.

21-6319          Unlawful failure to report a wound.

21-6320          Selling beverage containers with detachable tabs.

21-6321          Alcohol without liquid machine; unlawful acts.

21-6322          Tampering with electronic monitoring device.

21-6323          Refusal to yield a telephone party line.

21-6324          Possessing, using, selling or purchasing a traffic control preemption device.

21-6325          Unlawful interference with a firefighter.

21-6326          Unlawful interference with an emergency medical services technician.

21-6327          Kansas racketeer influenced and corrupt organization (RICO) act.

21-6328          RICO act; definitions.

21-6329          Kansas RICO act; unlawful acts.

21-6330          Kansas RICO act; court orders.

21-6331          Kansas RICO act; inquisitions.

21-6332          Possession of a firearm while under the influence of alcohol or drugs or both.

21-6301. Criminal use of weapons.

            (a) Criminal use of weapons is knowingly:

            (1) Selling, manufacturing, purchasing or possessing any bludgeon,sand club, metal knuckles or throwing star;

            (2) possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character;

            (3) setting a spring gun;

            (4) possessing any device or attachment of any kind designed, used or intended for use in suppressing the report of any firearm;

            (5) selling, manufacturing, purchasing or possessing a shotgun with a barrel less than 18 inches in length, or any firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger, whether the person knows or has reason to know the length of the barrel or that the firearm is designed or capable of discharging automatically;

            (6) possessing, manufacturing, causing to be manufactured, selling, offering for sale, lending, purchasing or giving away any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than 60% lead by weight, whether the person knows or has reason to know that the plastic-coated bullet has a core of less than 60% lead by weight;

            (7) selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age whether the person knows or has reason to know the length of the barrel;

            (8) selling, giving or otherwise transferring any firearms to any person who is both addicted to and an unlawful user of a controlled substance;

            (9) selling, giving or otherwise transferring any firearm to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto;

            (10) possessing any firearm by a person who is both addicted to and an unlawful user of a controlled substance;

            (11) possessing any firearm by any person, other than a law enforcement officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or at any regularly scheduled school sponsored activity or event whether the person knows or has reason to know that such person was in or on any such property or grounds;

            (12) refusing to surrender or immediately remove from school property or grounds or at any regularly scheduled school sponsored activity or event any firearm in the possession of any person, other than a law enforcement officer, when so requested or directed by any duly authorized school employee or any law enforcement officer;

            (13) possessing any firearm by a person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or persons with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto; or

            (14) possessing a firearm with a barrel less than 12 inches long by any person less than 18 years of age.

            (b) Criminal use of weapons as defined in:

            (1) Subsection (a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9) or (a)(12) is a class A nonperson misdemeanor;

            (2) subsection (a)(4), (a)(5) or (a)(6) is a severity level 9, nonperson felony;

            (3) subsection (a)(10) or (a)(11) is a class B nonperson select misdemeanor;

            (4) subsection (a)(13) is a severity level 8, nonperson felony; and

            (5) subsection (a)(14) is a:

            (A) Class A nonperson misdemeanor except as provided in subsection (b)(5)(B);

            (B) severity level 8, nonperson felony upon a second or subsequent conviction.

            (c) Subsections (a)(1), (a)(2) and (a)(5) shall not apply to:

            (1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

            (2) wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;

            (3) members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or

            (4) the manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.

            (d) Subsections (a)(4) and (a)(5) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee’s name by the transferor.

            (e) Subsection (a)(6) shall not apply to a governmental laboratory or solid plastic bullets.

            (f) Subsection (a)(4) shall not apply to a law enforcement officer who is:

            (1) Assigned by the head of such officer’s law enforcement agency to a tactical unit which receives specialized, regular training;

            (2) designated by the head of such officer’s law enforcement agency to possess devices described in subsection (a)(4); and

            (3) in possession of commercially manufactured devices which are:

            (A) Owned by the law enforcement agency;

            (B) in such officer’s possession only during specific operations; and

            (C) approved by the bureau of alcohol, tobacco, firearms and explosives of the United States department of justice.

            (g) Subsections (a)(4), (a)(5) and (a)(6) shall not apply to any person employed by a laboratory which is certified by the United States department of justice, national institute of justice, while actually engaged in theduties of their employment and on the premises of such certified laboratory. Subsections (a)(4), (a)(5) and (a)(6) shall not affect the manufacture of, transportation to or sale of weapons to such certified laboratory.

            (h) Subsections (a)(4) and (a)(5) shall not apply to or affect any person or entity in compliance with the national firearms act, 26 U.S.C. 5801 et seq.

            (i) Subsection (a)(11) shall not apply to:

            (1) Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school;

            (2) possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school;

            (3) possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person’s behalf who is delivering or collecting a student;

            (4) possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day; or

            (5) possession of a handgun by an individual who is licensed by the attorney general to carry a concealed handgun under K.S.A. 2010 Supp. 75-7c01 et seq., and amendments thereto.

            (j) Subsections (a)(9) and (a)(13) shall not apply to a person who has received a certificate of restoration pursuant to K.S.A. 2010 Supp. 75-7c26, and amendments thereto.

            (k) Subsection (a)(14) shall not apply if such person, less than 18 years of age, was:

            (1) In attendance at a hunter’s safety course or a firearms safety course;

            (2) engaging in practice in the use of such firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or at another private range with permission of such person’s parent or legal guardian;

            (3) engaging in an organized competition involving the use of such firearm, or participating in or practicing for a performance by an organization exempt from federal income tax pursuant to section 501(c)(3) of the internal revenue code of 1986 which uses firearms as a part of such performance;

            (4) hunting or trapping pursuant to a valid license issued to such person pursuant to article 9 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto;

            (5) traveling with any such firearm in such person’s possession being unloaded to or from any activity described in subsections (k)(1) through (k)(4), only if such firearm is secured, unloaded and outside the immediate access of such person;

            (6) on real property under the control of such person’s parent, legal guardian or grandparent and who has the permission of such parent, legal guardian or grandparent to possess such firearm; or

            (7) at such person’s residence and who, with the permission of such person’s parent or legal guardian, possesses such firearm for the purpose of exercising the rights contained in K.S.A. 21-5222, 21-5223, or 21-5225, and amendments thereto.

            (l) as used in this section, "throwing star" means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufactured for use as a weapon for throwing.

History: L. 1969, ch. 180, § 21-4201; L. 1978, ch. 365, § 1; L. 1981, ch. 145, § 1; L. 1982, ch. 135, § 2; L. 1982, ch. 136, § 1; L. 1986, ch. 126, § 1; L. 1992, ch. 298, § 67; L. 1993, ch. 291, § 146; L. 1996, ch. 149, § 4; L. 1999, ch. 164, § 12; L. 2002, ch. 123, § 3; L. 2004, ch. 83, § 1; L. 2006, ch. 32, § 20; L. 2008, ch. 103, § 2; L. 2009, ch. 92, § 1; L. 2010, ch. 140, § 15, L. 2010, ch. 136, § 186; L. 2011, ch. 30, § 48, L. 2013, ch. 88, § 2; L. 2014, ch. 97, § 11; July 1.

21-6302. Criminal carrying of a weapon.

            (a) Criminal carrying of a weapon is knowingly carrying:

            (1) Any bludgeon, sandclub, metal knuckles or throwing star;

            (2) concealed on one’s person, a billy, blackjack, slungshot, or any other dangerous or deadly weapon or instrument of like character;

            (3) on one’s person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance;

            (4) any pistol, revolver or other firearm concealed on one’s person except when on the person’s land or in the person’s abode or fixed place of business; or

            (5) a shotgun with a barrel less than 18 inches in length or any other firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger whether the person knows or has reason to know the length of the barrel or that the firearm is designed or capable of discharging automatically.

            (b) Criminal carrying of a weapon as defined in:

            (1) Subsections (a)(1), (a)(2), (a)(3) or (a)(4) is a class A nonperson misdemeanor; and

            (2) subsection (a)(5) is a severity level 9, nonperson felony.

            (c) Subsection (a) shall not apply to:

            (1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

            (2) wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;

            (3) members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or

            (4) the manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.

            (d) Subsection (a)(4) shall not apply to:

            (1) Watchmen, while actually engaged in the performance of the duties of their employment;

            (2) licensed hunters or fishermen, while engaged in hunting or fishing;

            (3) private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;

            (4) detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment;

            (5) the state fire marshal, the state fire marshal’s deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto;

            (6) special deputy sheriffs described in K.S.A. 19-827, and amendments thereto, who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a, and amendments thereto;

            (7) the United States attorney for the district of Kansas, the attorney general, any district attorney or county attorney, any assistant United States attorney if authorized by the United States attorney for the district of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed. The provisions of this paragraph shall not apply to any person not in compliance with K.S.A. 75-7c19, and amendments thereto;

            (8) any law enforcement officer, as that term is defined in section 1[of 2014 HB 2140], and amendments thereto, who satisfies the requirements of either subsection (a) or (b) of section 1 [of 2014 HB 2140], and amendments thereto; or

            (9) any person carrying a concealed handgun as authorized by K.S.A. 2013 Supp. 75-7c01 et seq., and amendments thereto.

            (e) Subsection (a)(5) shall not apply to:

            (1) Any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee’s name by the transferor;

            (2) any person employed by a laboratory which is certified by the United States department of justice, national institute of justice, while actually engaged in the duties of their employment and on the premises of such certified laboratory. Subsection (a)(5) shall not affect the manufacture of, transportation to or sale of weapons to such certified laboratory; or

            (3) any person or entity in compliance with the national firearms act, 26 U.S.C. 5801 et seq.

            (f) It shall not be a violation of this section if a person violates the provisions of K.S.A. 2013 Supp. 75-7c03, and amendments thereto, but has an otherwise valid license to carry a concealed handgun which is issued or recognized by this state.

            (g) As used in this section, "throwing star" means the same as prescribed by K.S.A. 21-6301, and amendments thereto.

History: L. 1969, ch. 180, § 21-4201; L. 1978, ch. 365, § 1; L. 1981, ch. 145, § 1; L. 1982, ch. 135, § 2; L. 1982, ch. 136, § 1; L. 1986, ch. 126, § 1; L. 1992, ch. 298, § 67; L. 1993, ch. 291, § 146; L. 1996, ch. 149, § 4; L. 1999, ch. 164, § 12; L. 2002, ch. 123, § 3; L. 2004, ch. 83, § 1; L. 2006, ch. 32, § 20; L. 2008, ch. 103, § 2; L. 2009, ch. 92, § 1; L. 2010, ch. 140, § 15, L. 2010, ch. 136, § 187; L. 2011, ch. 30, § 49, July 1; L. 2013, ch. 105, § 4; L. 2013, ch. 133, § 8; L. 2014, ch. 134, § 2; July 1.

21-6303. Criminal distribution of firearms to a felon.

            (a) Criminal distribution of firearms to a felon is knowingly:

            (1) Selling, giving or otherwise transferring any firearm to any person who, within the preceding five years, has been convicted of a felony, other than those specified in subsection (c), under the laws of this or any other jurisdiction or has been released from imprisonment for a felony and was not found to have been in possession of a firearm at the time of the commission of the felony;

            (2) selling, giving or otherwise transferring any firearm to any person who, within the preceding 10 years, has been convicted of a felony to which this subsection applies, but was not found to have been in possession of a firearm at the time of the commission of the felony, or has been released from imprisonment for such a felony, and has not had the conviction of such felony expunged or been pardoned for such felony; or

            (3) selling, giving or otherwise transferring any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction and was found to have been in possession of a firearm at the time of the commission of the felony.

            (b) Criminal distribution of firearms to a felon is a class A nonperson misdemeanor.

            (c) Subsection (a)(2) shall apply to a felony under K.S.A. 21-5402, 21-5403, 21-5404, 21-5405, 21-5408, subsection (b) or (d) of 21-5412, subsection (b) or (d) of 21-5413, subsection (a) of 21-5415, subsection (b) of 21-5420, 21-5503, subsection (b) of 21-5504, subsection (b) of 21-5505, subsection (b) of 21-5807, and amendments thereto, K.S.A. 2010 Supp. 21-36a05 or 21-36a06, and amendments thereto, or K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a, 65-4127b, 65-4160 through 65-4165, prior to their repeal, or a crime under a law of another jurisdiction which is substantially the same as such felony.

            (d) It is not a defense that the distributor did not know or have reason to know:

            (1) The precise felony the recipient committed;

            (2) that the recipient was in possession of a firearm at the time of the commission of the recipient’s prior felony; or

            (3) that the convictions for such felony have not been expunged or pardoned.

History: L. 1969, ch. 180, § 21-4203; L. 1990, ch. 102, § 1; L. 1992, ch. 298, § 69; L. 1993, ch. 291, § 148; L. 1994, ch. 348, § 3; L. 1996, ch. 158, § 3; L. 2006, ch. 213, § 13; L. 2009, ch. 32, § 28, L. 2010, ch. 136, § 188; L. 2011, ch. 30, § 50, July 1.

21-6304. Criminal possession of a weapon.

            (a) Criminal possession of a weapon by a convicted felon is possession of a weapon by a person who:

            (1) Has been convicted of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009, or a crime under a law of another jurisdiction which is substantially the same as such felony or violation, or was adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009, and was found to have been in possession of a firearm at the time of the commission of the crime;

            (2) within the preceding five years has been convicted of a felony, other than those specified in subsection (a)(3)(A), under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for a felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a felony, and was not found to have been in possession of a firearm at the time of the commission of the crime; or

            (3) within the preceding 10 years, has been convicted of a:

            (A) Felony under K.S.A. 21-5402, 21-5403, 21-5404, 21-5405, 21-5408, subsection (b) or (d) of 21-5412, subsection (b) or (d) of section 21-5413, subsection (a) of 21-5415, subsection (b) of 21-5420, 21-5503, subsection (b) of 21-5504, subsection (b) of 21-5505, subsection (b)

of 21-5807, and amendments thereto, K.S.A. 2010 Supp. 21-36a03, 21-36a05, 21-36a06, 21-36a07 or 21-36a09, and amendments thereto; K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a, 65- 4127b, 65-4159 through 65-4165 or 65-7006, prior to their repeal; an attempt, conspiracy or criminal solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such felony; or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for such felony, or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of such felony, was not found to have been in possession of a firearm at the time of the commission of the crime, and has not had the conviction of such crime expunged or been pardoned for such crime. The provisions of subsection (j)(2) of K.S.A. 2012 Supp. 21-6614, and amendments thereto, shall not apply to an individual who has had a conviction under this paragraph expunged; or

            (B) nonperson felony under the laws of Kansas or a crime under the laws of another jurisdiction which is substantially the same as such non-person felony, has been released from imprisonment for such nonperson felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a nonperson felony, and was found to have been in possession of a firearm at the time of the commission of the crime.

            (b) Criminal possession of a weapon by a convicted felon is a severity level 8, nonperson felony.

            (c) As used in this section:

            (1) "Knife" means a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character; and

            (2) "weapon" means a firearm or a knife.

History: L. 1969, ch. 180, § 21-4204; L. 1970, ch. 124, § 8; L. 1990, ch. 102, § 2; L. 1991, ch. 85, § 1; L. 1992, ch. 298, § 70; L. 1993, ch. 291, § 149; L. 1994, ch. 348, § 4; L. 1995, ch. 92, § 2; L. 1996, ch. 158, § 4; L. 2006, ch. 210, § 14; L. 2009, ch. 32, § 29, L. 2010, ch. 88, § 3, April 15; L. 2010, ch.140, § 16; L. 2010, ch. 136, § 189; L. 2011, ch. 30, § 51, L. 2011, ch. 91, § 34, L. 2013, ch. 36, § 2; L. 2014, ch. 97, § 12; July 1.

21-6305. Aggravated weapons violation by a convicted felon.

            (a) Aggravated weapons violation by a convicted felon is a violation of any of the provisions of subsections (a)(1) through (a)(6) of 21-6301 or 21-6302, and amendments thereto, by a person who:

            (1) Within five years preceding such violation has been convicted of a nonperson felony under the laws of Kansas or in any other jurisdiction which is substantially the same as such crime or has been released from imprisonment for such nonperson felony; or

            (2) has been convicted of a person felony under the laws of Kansas or in any other jurisdiction which is substantially the same as such crime or has been released from imprisonment for such crime, and has not had the conviction of such crime expunged or been pardoned for such crime.

            (b) (1) Aggravated weapons violation by a convicted felon is a severity level 9, nonperson felony for a violation of subsections (a)(1) through (a)(5) or subsection (a)(9) of K.S.A. 21-4201, prior to its repeal, or subsection (a)(1) through (a)(3) of 21-6301 or subsection (a)(1) through (a)(4) of 21-6302, and amendments thereto.

            (2) Aggravated weapons violation is a severity level 8, nonperson felony for a violation of subsections (a)(6), (a)(7) and (a)(8) of K.S.A. 21-4201, prior to its repeal, or subsection (a)(4) through (a)(6) of 21-6301 or subsection (a)(5) of 21-6302, and amendments thereto.

History: L. 1969, ch. 180, § 21-4202; L. 1970, ch. 124, § 7; L. 1992, ch. 298, § 68; L. 1993, ch. 291, § 147; L. 1994, ch. 291, § 40; L. 1994, ch. 348, § 2; L. 2010, ch. 136, § 190; L. 2011, ch. 30, § 52, July 1, 2011.

21-6306. Defacing identification marks of a firearm.

            (a) Defacing identification marks of a firearm is intentionally changing, altering, removing or obliterating the name of the maker, model, manufacturer’s number or other mark of identification of any firearm.

            (b) Defacing identification marks of a firearm is a severity level 10, nonperson felony.

            (c) Possession of any firearm upon which any such mark has been intentionally changed, altered, removed or obliterated shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same.

History: L. 1969, ch. 180, § 21-4205; L. 1992, ch. 239, § 203; L. 1993, ch. 291, § 150; L. 2008, ch. 103, § 1; L. 2010, ch. 136, § 191; July 1, 2011.

21-6308. Criminal discharge of a firearm.

            (a) Criminal discharge of a firearm is the:

            (1) Reckless and unauthorized discharge of any firearm:

            (A) At a dwelling, building or structure in which there is a human being whether the person discharging the firearm knows or has reason to know that there is a human being present;

            (B) at a motor vehicle, aircraft, watercraft, train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock or other means of conveyance of persons or property in which there is a human being whether the person discharging the firearm knows or has reason to know that there is a human being present;

            (2) reckless and unauthorized discharge of any firearm at a dwelling in which there is no human being; or

            (3) discharge of any firearm:

            (A) Upon any land or nonnavigable body of water of another, without having obtained permission of the owner or person in possession of such land; or

            (B) upon or from any public road, public road right-of-way or railroad right-of-way except as otherwise authorized by law.

            (b) Criminal discharge of a firearm as defined in:

            (1) Subsection (a)(1) is a:

            (A) Severity level 7, person felony except as provided in subsection (b)(1)(B) or (b)(1)(C);

            (B) severity level 3, person felony if such criminal discharge results in great bodily harm to a person during the commission thereof; or

            (C) severity level 5, person felony if such criminal discharge results in bodily harm to a person during the commission thereof;

            (2) subsection (a)(2) is a severity level 8, person felony; and

            (3) subsection (a)(3) is a class C misdemeanor.

            (c) Subsection (a)(1) shall not apply if the act is a violation of subsection (d) of K.S.A> 21-5412, and amendments thereto.

            (d) Subsection (a)(3) shall not apply to any of the following:

            (1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

            (2) wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;

            (3) members of the armed services or reserve forces of the United States or the national guard while in the performance of their official duty;

            (4) watchmen, while actually engaged in the performance of the duties of their employment;

            (5) private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;

            (6) detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment;

            (7) the state fire marshal, the state fire marshal’s deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto; or

            (8) the United States attorney for the district of Kansas, the attorney general, or any district attorney or county attorney, while actually engaged in the duties of their employment or any activities incidental to such duties; any assistant United States attorney if authorized by the United States attorney for the district of Kansas and while actually engaged in the duties of their employment or any activities incidental to such duties; any assistant attorney general if authorized by the attorney general and while actually engaged in the duties of their employment or any activities incidental to such duties; or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed and while actually engaged in the duties of their employment or any activities incidental to such duties. The provisions of this paragraph shall not apply to any person not in compliance with K.S.A. 2009 Supp. 75-7c19, and amendments thereto.

History: L. 1986, ch. 126, § 2; L. 1992, ch. 21, § 1; L. 1993, ch. 291, §§ 73, 158; L. 1994, ch. 348, § 17; L. 1996, ch. 30, § 4; L. 1996, ch. 258, § 9; L. 2009, ch. 92, § 2; L. 2010, ch. 136, § 193; July 1, 2011.

21-6308a. Unlawful discharge of a firearm.

            (a) Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of any city.

            (b) This section shall not apply to the discharge of any firearm within or into the corporate limits of any city if:

            (1) The firearm is discharged in the lawful defense of one’s person, another person or one’s property;

            (2) the firearm is discharged at a private or public shooting range;

            (3) the firearm is discharged to lawfully take wildlife unless prohibited by the department of wildlife, parks and tourism or the governing body of the city;

            (4) the firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas department of wildlife, parks and tourism;

            (5) the firearm is discharged by special permit of the chief of police or by the sheriff when the city has no police department;

            (6) the firearm is discharged using blanks; or

            (7) the firearm is discharged in lawful self-defense or defense of another person against an animal attack.

            (c) A violation of subsection (a) shall be a class B nonperson misdemeanor.

History: L. 2013, ch. 105,§ 1; July 1.

21-6309. Unauthorized possession of a firearm on the grounds of or within certain state-owned or leased buildings and county courthouses.

            (a) It shall be unlawful to possess, with no requirement of a culpable mental state, a firearm:

            (1) Within any building located within the capitol complex;

            (2) within the governor’s residence;

            (3) on the grounds of or in any building on the grounds of the governor’s residence;

            (4) within any other state-owned or leased building if the secretary of administration has so designated by rules and regulations and conspicuously placed signs clearly stating that firearms are prohibited within such building; or

            (5) within any county courthouse, unless, by county resolution, the board of county commissioners authorize the possession of a firearm within such courthouse.

            (b) Violation of this section is a class A misdemeanor.

            (c) This section shall not apply to:

            (1) A commissioned law enforcement officer;

            (2) a full-time salaried law enforcement officer of another state or the federal government who is carrying out official duties while in this state;

            (3) any person summoned by any such officer to assist in making arrests or preserving the peace while actually engaged in assisting such

            (4) a member of the military of this state or the United States engaged in the performance of duties.

            (d) It is not a violation of this section for the:

            (1) Governor, the governor’s immediate family, or specifically authorized guest of the governor to possess a firearm within the governor’s residence or on the grounds of or in any building on the grounds of the governor’s residence;

            (2) United States attorney for the district of Kansas, the attorney general, any district attorney or county attorney, any assistant United States attorney if authorized by the United States attorney for the district of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed, to possess a firearm within any county courthouse and court-related facility, subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district. The provisions of this paragraph shall not apply to any person not in compliance with K.S.A. 2010 Supp. 75-7c19, and amendments thereto; or

            (3) law enforcement officers as that term is defined in section 1 [of 2014 HB 2140], and amendments thereto, who satisfy the requirements of either subsection (a) or (b) of section 1 [of 2014 HB 2140], and amendments thereto, to possess a firearm.

            (e) It is not a violation of this section for a person to possess a handgun as authorized under the personal and family protection act.

            (f) Notwithstanding the provisions of this section, any county may elect by passage of a resolution that the provisions of subsection (d)(2) shall not apply to such county’s courthouse or court-related facilities if such:

            (1) Buildings have adequate security measures to ensure that no weapons are permitted to be carried into such buildings;

            (2) county also has a policy or regulation requiring all law enforcement officers to secure and store such officer’s firearm upon entering the courthouse or court-related facility. Such policy or regulation may provide that it does not apply to court security or sheriff’s office personnel for such county; and

            (3) buildings have a sign conspicuously posted at each entryway into such facility stating that the provisions of subsection (d)(2) do not apply to such building.

            (g) As used in this section:

            (1) "Adequate security measures" shall have the same meaning as the term is defined in section 2, [K.S.A. 75-7c28(k)(1) and amendments thereto;

            (2) "possession" means having joint or exclusive control over a firearm or having a firearm in a place where the person has some measure of access and right of control; and

            (3) "capitol complex" means the same as in K.S.A. 75-4514, and amendments thereto.

            (h) For the purposes of subsections (a)(1), (a)(4) and (a)(5), "building" and "courthouse" shall not include any structure, or any area of any structure, designated for the parking of motor vehicles.

History: L. 1991, ch. 89, § 1; L. 1992, ch. 298, § 80; L. 1993, ch. 291, § 157; L. 2006, ch. 210, § 10; L. 2009, ch. 92, § 3; L. 2010, ch.140, § 17; L. 2010, ch. 136, § 194; L. 2011, ch. 30, § 54, L. 2011, ch. 91, § 35, L. 2013, ch. 105, § 5; L. 2014, ch. 134, § 3; July 1.

21-6310. Unlawful endangerment.

            (a) Unlawful endangerment is knowingly protecting or attempting to protect the manufacture or cultivation of a controlled substance by creating, setting up, building, erecting or using any device or weapon which:

            (1) Causes great bodily harm;

            (2) causes bodily harm; or

            (3) is intended to cause bodily harm to another person.

            (b) Unlawful endangerment as defined in:

            (1) Subsection (a)(1) is a severity level 5, person felony;

            (2) subsection (a)(2) is a severity level 7, person felony; and

            (3) subsection (a)(3) is a severity level 8, nonperson felony.

            (c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for battery.

            (d) As used in this section, "manufacture" and "cultivation" mean the same as in K.S.A. 2009 Supp. 21-36a01, and amendments thereto.

History: L. 1999, ch. 170, § 5; L. 2010, ch. 136, § 195; July 1, 2011.

21-6311. Failure to register sale of explosives.

            (a) Failure to register explosives is, with no requirement of a culpable mental state, the omission by:

            (1) The seller of any explosive or detonating substance, to keep a register of every sale or other disposition of such explosives made by the seller as required by this section; or

            (2) any person to whom delivery of any quantity of explosive or other detonating substance is made, to acknowledge the receipt thereof by signing the person’s name in the register provided in subsection (c) on the page where the record of such delivery is entered.

            (b) Failure to register explosives as defined in:

            (1) Subsection (a)(1) is a class B nonperson misdemeanor; and

            (2) subsection (a)(2) is a class C misdemeanor.

            (c) The register of sales required by subsection (a)(1) shall contain the date of the sale or other disposition, the name, address, age and occupation of the person to whom the explosive is sold or delivered, the kind and amount of explosive delivered, the place at which it is to be used and for what purpose it is to be used. Such register and record of sale or other disposition shall be open for inspection by any law enforcement officer, mine inspector or fire marshal of this state for a period of not less than one year after the sale or other disposition.

History: L. 1969, ch. 180, § 21-4207; L. 1992, ch. 239, § 204; L. 1993, ch. 291, § 151; L. 2010, ch. 136, § 196; July 1, 2011.

21-6312. Criminal possession of explosives.

            (a) Criminal possession of explosives is the possession of any explosive or detonating substance by a person who, within five years preceding such possession, has been convicted of a felony under the laws of this or any other jurisdiction or has been released from imprisonment for a felony.

            (b) Criminal disposal of explosives is knowingly and without lawful authority distributing any explosive or detonating substance to a person:

            (1) Under 21 years of age, regardless of whether the seller, donor or transferor knows the age of such person;

            (2) who is both addicted to and an unlawful user of a controlled substance; or

            (3) who, within the preceding five years, has been convicted of a felony under the laws of this or any other jurisdiction or has been released from imprisonment for a felony.

            (c) Carrying concealed explosives is carrying any explosive or detonating substance on the person in a wholly or partly concealed manner.

            (d) (1) Criminal possession of explosives is a severity level 7, person felony.

            (2) Criminal disposal of explosives is a severity level 10, person felony.

            (3) Carrying concealed explosives is a class A person misdemeanor.

            (e) As used in subsections (a) and (b), "explosives" means any chemical compound, mixture or device, of which the primary purpose is to function by explosion, and includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters.

History: L. 1969, ch. 180, §§ 21-4209, 21-4210; L. 1981, ch. 141, §§ 1, 2; L. 1992, ch. 298, §§ 71, 72; L. 1993, ch. 291, §§ 152, 153; L. 1994, ch. 348, §§ 15, 16; L. 2010, ch. 136, § 197; L. 2012, ch. 150, § 26; July 1.

21-6313. Criminal street gang; definitions.

            As used in K.S.A. 21-6313 through 21-6316, and amendments thereto:

            (a) "Criminal street gang" means any organization, association or group, whether formal or informal:

            (1) Consisting of three or more persons;

            (2) having as one of its primary activities the commission of one or more person felonies, person misdemeanors, felony violations of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors;

            (3) which has a common name or common identifying sign or symbol; and

            (4) whose members, individually or collectively, engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies, person misdemeanors, felony violations of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors or any substantially similar offense from another jurisdiction;

            (b) "criminal street gang member" is a person who:

            (1) Admits to criminal street gang membership; or

            (2) meets three or more of the following criteria:

            (A) Is identified as a criminal street gang member by a parent or guardian;

            (B) is identified as a criminal street gang member by a state, county or city law enforcement officer or correctional officer or documented reliable informant;

            (C) is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information;

            (D) frequents a particular criminal street gang’s area;

            (E) adopts such gang’s style of dress, color, use of hand signs or tattoos;

            (F) associates with known criminal street gang members;

            (G) has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity;

            (H) is identified as a criminal street gang member by physical evidence including, but not limited to, photographs or other documentation;

            (I) has been stopped in the company of known criminal street gang members two or more times; or

            (J) has participated in or undergone activities self-identified or identified by a reliable informant as a criminal street gang initiation ritual;

            (c) "criminal street gang activity" means the commission or attempted commission of, or solicitation or conspiracy to commit, one or more person felonies, person misdemeanors, felony violations of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors on separate occasions;

            (d) "criminal street gang associate" means a person who:

            (1) Admits to criminal street gang association; or

            (2) meets two or more defining criteria for criminal street gang membership described in subsection (b)(2); and

            (e) for purposes of law enforcement identification and tracking only "gang-related incident" means an incident that, upon investigation, meets any of the following conditions:

            (1) The participants are identified as criminal street gang members or criminal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang;

            (2) a state, county or city law enforcement officer or correctional officer or reliable informant identifies an incident as criminal street gang activity; or

            (3) an informant of previously untested reliability identifies an incident as criminal street gang activity and it is corroborated by independent information.

History: L. 2006, ch. 194, § 6; L. 2009, ch. 32, 30, L. 2010, ch. 74, § 8, L. 2010, ch. 136, § 198; L. 2011, ch. 30, § 55, L. 2013, ch. 78, § 8; July 1.

21-6314. Recruiting criminal street gang membership.

            (a) Recruiting criminal street gang membership is intentionally causing, encouraging, soliciting or recruiting another person to join a criminal street gang that requires, as a condition of membership or continued membership, the commission of any crime or membership initiation by submission to a sexual or physical assault that is criminal in nature, or would be criminal absent consent by the initiated.

            (b) Recruiting criminal street gang membership is a severity level 6, person felony.

History: L. 2006, ch. 194, § 7; L. 2010, ch. 136, § 199; July 1, 2011.

21-6315. Criminal street gang intimidation.

            (a) Criminal street gang intimidation is the communication, directly or indirectly with another, any threat of personal injury or actual personal injury to another or any threat of damage or actual damage to property of another with the intent to:

            (1) Deter such person from assisting a criminal street gang member or associate to withdraw from such criminal street gang; or

            (2) punish or retaliate against such person for having withdrawn from a criminal street gang.

            (b) Criminal street gang intimidation is a severity level 5, person felony.

History: L. 2006, ch. 194, § 8; L. 2010, ch. 136, § 200; July 1, 2011.

21-6316. Criminal street gang member; bail; exceptions.

            When a criminal street gang member is arrested for a person felony, bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person’s own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines on the record that the defendant is not likely to reoffend, an appropriate intensive pre-trial supervision program is available and the defendant agrees to comply with the mandate of such pre-trial supervision.

History: L. 2006, ch. 194, § 9; L. 2010, ch. 136, § 201; L. 2014, ch. 90, § 6; July 1.

21-6317. Endangering the Food Supply.

            (a) Endangering the food supply is knowingly:

            (1) Bringing into this state any domestic animal which is infected with any contagious or infectious disease or any animal which has been exposed to any contagious or infectious disease;

            (2) exposing any animal in this state to any contagious or infectious disease;

            (3) except as permitted under K.S.A. 2-2112 et seq., and amendments thereto, bringing or releasing into this state any plant pest as defined in K.S.A. 2-2113, and amendments thereto, or exposing any plant to a plant pest; or

            (4) exposing any raw agricultural commodity, animal feed or processed food to any contaminant or contagious or infectious disease.

            (b) Aggravated endangering the food supply is endangering the food supply, as defined in subsection (a), when done with the intent to cause:

            (1) Damage to plants or animals or to cause economic harm or social unrest; or

            (2) illness or injury or death to a human being or beings.

            (c) (1) Endangering the food supply is a:

            (A) Class A nonperson misdemeanor, except as provided in subsection (c)(1)(B); and

            (B) severity level 4, nonperson felony when the contagious or infectious disease is foot-and-mouth disease.

            (2) Aggravated endangering the food supply as defined in:

            (A) Subsection (b)(1) is a severity level 3, nonperson felony; and

            (B) subsection (b)(2) is a severity level 3, person felony.

            (d) The provisions of this section shall not apply to bona fide experiments and actions related thereto carried on by commonly recognized research facilities.

            (e) As used in this section:

            (1) "Animal feed" means an article which is intended for use for food for animals other than humans and which is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal;

            (2) "contagious or infectious disease" means any disease which can be spread from one subject to another by direct or indirect contact or by an intermediate agent, including, but not limited to, anthrax, all species of brucellosis, equine infectious anemia, hog cholera, pseudorabies, psoroptic mange, rabies, tuberculosis, vesicular stomatitis, avian influenza, pullorum, fowl typhoid, psittacosis, viscerotropic velogenic Newcastle disease, foot-and-mouth disease, rinderpest, African swine fever, piroplasmosis, vesicular exanthema, Johne’s disease, scabies, scrapies, bovine leukosis and bovine spongiform encephalopathy;

            (3) "processed food" means any food other than a raw agricultural commodity and includes any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration or milling; and

            (4) "raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.

History: L. 2002, ch. 88, §§ 1,2; L. 2010, ch. 136, § 202; July 1, 2011.

21-6318. Creating a hazard.

            (a) Creating a hazard is recklessly:

            (1) Storing or abandoning, in any place accessible to children, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside, and failing to remove the door, lock, lid or fastening device on such container;

            (2) being the owner or otherwise having possession of property upon which a cistern, well or cesspool is located, and failing to cover the same with protective covering of sufficient strength and quality to exclude human beings and domestic animals therefrom; or

            (3) exposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children.

            (b) Creating a hazard is a class B nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-4212; L. 1992, ch. 239, § 207; L. 1993, ch. 291, § 154; L. 2010, ch. 136, § 203; July 1, 2011.

21-6319. Unlawful failure to report a wound.

            (a) Unlawful failure to report a wound is, with no requirement of a culpable mental state, the failure by an attending physician or other person to report such person’s treatment of any of the following wounds, to the office of the chief of police of the city or the office of the sheriff of the county in which such treatment took place:

            (1) Any bullet wound, gunshot wound, powder burn or other injury arising from or caused by the discharge of a firearm; or

            (2) any wound which is likely to or may result in death and is apparently inflicted by a knife, ice pick or other sharp or pointed instrument.

            (b) Unlawful failure to report a wound is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-4213; L. 2010, ch. 136, § 204; July 1, 2011.

21-6320. Selling beverage containers with detachable tabs.

            (a) Selling beverage containers with detachable tabs is knowingly selling or offering for sale at retail in this state any metal beverage container so designed and constructed that a part of the container is detachable in opening the container.

            (b) Selling beverage containers with detachable tabs is a class C misdemeanor.

            (c) As used in this section:

            (1) "Beverage container" means any sealed can containing beer, cereal malt beverages, mineral waters, soda water and similar soft drinks so designated by the director of alcoholic beverage control, in liquid form and intended for human consumption; and

            (2) "in this state" means within the exterior limits of the state of Kansas and includes all territory within these limits owned by or ceded to the United States of America.

History: L. 1981, ch. 139, § 1; L. 2010, ch. 136, § 205; July 1, 2011.

21-6321. Alcohol without liquid machine; unlawful acts.

            (a) It shall be unlawful for any person to knowingly:

            (1) Use any alcohol without liquid machine to inhale alcohol vapor or otherwise introduce alcohol in any form into the human body; or

            (2) purchase, sell or offer for sale an alcohol without liquid machine.

            (b) Violation of this section is a class A nonperson misdemeanor.

            (c) As used in this section, "alcohol without liquid machine" means a device designed or marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes.

History: L. 2005, ch. 201, § 15; L. 2010, ch. 136, § 206; July 1, 2011.

21-6322. Tampering with electronic monitoring device.

            (a) Unlawfully tampering with electronic monitoring equipment is, knowingly and without authorization, removing, disabling, altering, tampering with, damaging or destroying any electronic monitoring equipment used pursuant to court ordered supervision or as a condition of post-release supervision or parole.

            (b) Unlawfully tampering with electronic monitoring equipment is a severity level 6, nonperson felony.

History: L. 2006, ch. 212, § 3; L. 2010, ch. 136, § 207; July 1, 2011.

21-6323. Refusal to yield a telephone party line.

            (a) Refusal to yield a telephone party line is intentionally refusing to immediately yield or surrender the use of a party line when informed that the line is needed for an emergency call to a fire department or police department or for medical aid or ambulance service.

            (b) Refusal to yield a telephone party line is a class C misdemeanor.

            (c) No person shall request the use of a party line on the pretext that an emergency exists, knowing that no emergency in fact exists.

            (d) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING." The provisions of this subsection shall not apply to those directories distributed solely for business advertising services, commonly known as classified directories.

            (e) As used in this section:

            (1) "Party line" means a subscriber’s line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number; and

            (2) "emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.

History: L. 1969, ch. 180, § 21-4211; L. 2010, ch. 136, § 208; July 1, 2011.

21-6324. Possessing, using, selling or purchasing a traffic control preemption device.

            (a) Unlawful possession or use of a traffic control signal preemption device is knowingly:

            (1) Possessing a traffic control signal preemption device;

            (2) using a traffic control signal preemption device;

            (3) selling a traffic control signal preemption device; or

            (4) purchasing a traffic control signal preemption device .

            (b) Unlawful possession or use of a traffic control signal preemption device as defined in:

            (1) Subsection (a)(1) is a class B misdemeanor;

            (2) subsection (a)(2):

            (A) Is a severity level 9, nonperson felony, except as provided in subsection (b)(2)(B) or (b)(2)(C);

            (B) which results in a traffic accident causing injury to any person or damage to any vehicle or other property is a severity level 7, person felony; and

            (C) which results in a traffic accident causing the death of any person is a severity level 5, person felony.

            (3) Subsection (a)(3) or (a)(4) is a severity level 9, nonperson felony.

            (c) The provisions of this section shall not apply to the operator, passenger or owner of any of the following authorized emergency vehicles, in the course of such person’s emergency duties:

            (1) Publicly owned fire department vehicles;

            (2) publicly owned police vehicles; or

            (3) motor vehicles operated by ambulance services permitted by the emergency medical services board under the provisions of K.S.A. 65-6101 et seq., and amendments thereto.

            (d) As used in this section, "traffic control signal preemption device" means any device, instrument or mechanism designed, intended or used to interfere with the operation or cycle of a traffic-control signal, as defined in K.S.A. 8-1478, and amendments thereto.

            (e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for battery or any homicide.

History: L. 2004, ch. 2, § 1; L. 2010, ch. 136, § 209; L. 2011, ch. 30, § 56, July 1.

21-6325. Unlawful interference with a firefighter.

            (a) Unlawful interference with a firefighter is knowingly:

            (1) Interfering with any firefighter while engaged in the performance of such firefighter’s duties; or

            (2) obstructing, interfering with or impeding the efforts of any firefighter to reach the location of a fire or other emergency.

            (b) Unlawful interference with a firefighter is a class B person misdemeanor.

            (c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for assault or battery.

History: L. 1969, ch. 180, § 21-3416; L. 1970, ch. 124, § 2; L. 1992, ch. 239, § 55; L. 1993, ch. 291, § 31; L. 2010, ch. 136, § 210; July 1, 2011.

21-6326. Unlawful interference with an emergency medical services attendant.

            (a) Unlawful interference with an emergency medical services attendant is knowingly:

            (1) Interfering with any attendant while engaged in the performance of such attendant’s duties, or

            (2) obstructing, interfering with or impeding the efforts of any attendant to reach the location of an emergency.

            (b) Unlawful interference with an emergency medical services attendant is a class B person misdemeanor.

            (c) As used in this section, "attendant" means the same as in K.S.A. 65-6112, and amendments thereto.

            (d) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for assault or battery.

History: L. 1998, ch. 200, § 14; L. 2010, ch. 136, § 211; July 1, 2011.

21-6327. Kansas RICO Act.

              K.S.A. 21-6327 through 21-6331, and amendments thereto, shall be known and may be cited as the Kansas racketeer influenced and corrupt organization act (Kansas RICO act).

History: L. 2013, ch. 78, § 1; July 1.

21-6328. Kansas RICO Act; definitions.

              As used in the Kansas racketeer influenced and corrupt organization act:

              (a) "Beneficial interest" means:

              (1) The interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or

              (2) the interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person. The term "beneficial interest" does not include the interest of a stock holder in a corporation or the interest of a partner in either a general partnership or a limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located.

              (b) "Covered person" means any person who:

              (1) Is a criminal street gang member or criminal street gang associate, as defined in K.S.A. 2012 Supp. 21-6313, and amendments thereto;

              (2) has engaged in or is engaging in any conduct prohibited by K.S.A. 2012 Supp. 21-5426, and amendments thereto, human trafficking or aggravated human trafficking; or

              (3) has engaged in or is engaging in any conduct prohibited by K.S.A. 2012 Supp. 21-5703, and amendments thereto, unlawful manufacturing of controlled substances, or K.S.A. 2012 Supp. 21-5705, and amendments thereto, unlawful cultivation or distribution of controlled substances.

              (c) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

              (d) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities. A criminal street gang, as defined in K.S.A. 2012 Supp. 21-6313, and amendments thereto, constitutes an enterprise.

              (e) "Pattern of racketeering activity" means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years, excluding any period of imprisonment, after a prior incident of racketeering activity.

              (f) "Racketeering activity" means to commit, attempt to commit, conspire to commit or to solicit, coerce or intimidate another person to commit:

              (1) Any felony or misdemeanor violation of: the felony provisions of K.S.A. 8-1568, and amendments thereto, fleeing or attempting to elude a police officer; K.S.A. 9-508 et seq., and amendments thereto, Kansas money transmitter act; article 12a of chapter 17 of the Kansas Statutes Annotated, and amendments thereto, Kansas uniform securities act; K.S.A. 2012 Supp. 21-5401, and amendments thereto, capital murder; K.S.A. 2012 Supp. 21-5402, and amendments thereto, murder in the first degree; K.S.A. 2012 Supp. 21-5403, and amendments thereto, murder in the second degree; K.S.A. 2012 Supp. 21-5408, and amendments thereto, kidnapping or aggravated kidnapping; K.S.A. 2012 Supp. 21-5412, and amendments thereto; K.S.A. 2012 Supp. 21-5413, and amendments thereto; K.S.A. 2012 Supp. 21-5414, and amendments thereto, domestic battery; K.S.A. 2012 Supp. 21-5415, and amendments thereto, criminal threat or aggravated criminal threat; K.S.A. 2012 Supp. 21-5420, and amendments thereto, robbery or aggravated robbery; K.S.A. 2012 Supp. 21-5421, and amendments thereto, terrorism; K.S.A. 2012 Supp. 21-5422, and amendments thereto, illegal use of weapons of mass destruction; K.S.A. 2012 Supp. 21-5423, and amendments thereto; K.S.A. 2012 Supp. 21-5426, and amendments thereto, human trafficking or aggravated human trafficking; K.S.A. 2012 Supp. 21-5428, and amendments thereto, blackmail; K.S.A. 2012 Supp. 21-5510, and amendments thereto, sexual exploitation of a child; K.S.A. 2012 Supp. 21-5601, and amendments thereto, endangering a child or aggravated endangering a child; K.S.A. 2012 Supp. 21-5602, and amendments thereto, abuse of a child; K.S.A. 2012 Supp. 21-5603, and amendments thereto, contributing to a child’s misconduct or deprivation; subsection (b) of K.S.A. 2012 Supp. 21-5607, and amendments thereto, furnishing alcoholic beverages to a minor for illicit purposes; article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, crimes involving controlled substances; K.S.A. 2012 Supp. 21-5801, and amendments thereto, theft; K.S.A. 2012 Supp. 21-5803, and amendments thereto, criminal deprivation of property; K.S.A. 2012 Supp. 21-5805, and amendments thereto; K.S.A. 2012 Supp. 21-5807, and amendments thereto, burglary or aggravated burglary; K.S.A. 2012 Supp. 21-5812, and amendments thereto, arson or aggravated arson; K.S.A. 2012 Supp. 21-5813, and amendments thereto, criminal damage to property; K.S.A. 2012 Supp. 21-5814, and amendments thereto, criminal use of an explosive; K.S.A. 2012 Supp. 21-5818, and amendments thereto, tampering with a pipeline; K.S.A. 2012 Supp. 21-5821, and amendments thereto, giving a worthless check; K.S.A. 2012 Supp. 21-5823, and amendments thereto, forgery; K.S.A. 2012 Supp. 21-5824, and amendments thereto, making false information; K.S.A. 2012 Supp. 21-5825, and amendments thereto, counterfeiting; K.S.A. 2012 Supp. 21-5826, and amendments thereto, destroying written instrument; K.S.A. 2012 Supp. 21-5828, and amendments thereto, criminal use of a financial card; K.S.A. 2012 Supp. 21-5838, and amendments thereto, conducting a pyramid promotional scheme; K.S.A. 2012 Supp. 21-5839, and amendments thereto; K.S.A. 2012 Supp. 21-5903, and amendments thereto, perjury; K.S.A. 2012 Supp. 21-5904, and amendments thereto, interference with law enforcement; K.S.A. 2012 Supp. 21-5905, and amendments thereto, interference with the judicial process; K.S.A. 2012 Supp. 21-5909, and amendments thereto, intimidation of a witness or victim or aggravated intimidation of a witness or victim; K.S.A. 2012 Supp. 21-5912, and amendments thereto, aiding escape; K.S.A. 2012 Supp. 21-5913, and amendments thereto, obstructing apprehension or prosecution; K.S.A. 2012 Supp. 21-5918, and amendments thereto; K.S.A. 2012 Supp. 21-6001, and amendments thereto, bribery; K.S.A. 2012 Supp. 21-6002, and amendments thereto, official misconduct; K.S.A. 2012 Supp. 21-6301, and amendments thereto, criminal use of weapons; K.S.A. 2012 Supp. 21-6302, and amendments thereto, criminal carrying of a weapon; K.S.A. 2012 Supp. 21-6303, and amendments thereto, criminal distribution of firearms to a felon; K.S.A. 2012 Supp. 21-6304, and amendments thereto, criminal possession of a firearm by a convicted felon; K.S.A. 2012 Supp. 21-6305, and amendments thereto, aggravated weapons violation by a convicted felon; K.S.A. 2012 Supp. 21-6306, and amendments thereto, defacing identification marks of a firearm; K.S.A. 2012 Supp. 21-6308, and amendments thereto, criminal discharge of a firearm; K.S.A. 2012 Supp. 21-6310, and amendments thereto, unlawful endangerment; K.S.A. 2012 Supp. 21-6312, and amendments thereto; K.S.A. 2012 Supp. 21-6313 through 21-6316, and amendments thereto; K.S.A. 2012 Supp. 21-6401, and amendments thereto; K.S.A. 2012 Supp. 21-6404, and amendments thereto, gambling; K.S.A. 2012 Supp. 21-6405, and amendments thereto, illegal bingo operation; K.S.A. 2012 Supp. 21-6406, and amendments thereto, commercial gambling; K.S.A. 2012 Supp. 21-6407, and amendments thereto, dealing in gambling devices; K.S.A. 2012 Supp. 21-6408, and amendments thereto; K.S.A. 2012 Supp. 21-6409, and amendments thereto, installing communication facilities for gamblers; subsections (a) or (b) of K.S.A. 2012 Supp. 21-6414, and amendments thereto, unlawful conduct of dog fighting or unlawful possession of dog fighting paraphernalia; subsections (a) or (b) of K.S.A. 2012 Supp. 21-6417, and amendments thereto, unlawful conduct of cockfighting or unlawful possession of cockfighting paraphernalia; K.S.A. 2012 Supp. 21-6419, and amendments thereto, selling sexual relations; K.S.A. 2013 Supp. 21-6420, and amendments thereto, promoting the sale of sexual relations; K.S.A. 2013 Supp. 21-6422, and amendments thereto, commercial sexual exploitation of a child; K.S.A. 2013 Supp. 21-6501, and amendments thereto, extortion; K.S.A. 2012 Supp. 21-6502, and amendments thereto, debt adjusting; K.S.A. 2012 Supp. 21-6504, and amendments thereto, equity skimming; K.S.A. 2012 Supp. 21-6506, and amendments thereto, commercial bribery; K.S.A. 2012 Supp. 21-6507, and amendments thereto, sports bribery; K.S.A. 2012 Supp. 21-6508, and amendments thereto, tampering with a sports contest; K.S.A. 39-720, and amendments thereto, social welfare service fraud; K.S.A. 40-2,118, and amendments thereto, fraudulent insurance acts; K.S.A. 41-101 et seq., and amendments thereto, Kansas liquor control act; K.S.A. 44-5,125, and amendments thereto, workers’ compensation act; K.S.A. 65-1657, and amendments thereto, nonresident pharmacy registration; K.S.A. 65-3441, and amendments thereto, hazardous waste; K.S.A. 65-4167, and amendments thereto, trafficking in counterfeit drugs; article 88 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, Kansas parimutuel racing act; or K.S.A. 79-3321, and amendments thereto, Kansas cigarette and tobacco products act; or

              (2) any conduct defined as "racketeering activity" under 18 U.S.C. § 1961(1).

              (g) "Real property" means any real property or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.

              (h) "Trustee" means:

              (1) Any person acting as trustee pursuant to a trust in which the trustee holds legal or record title to real property;

              (2) any person who holds legal or record title to real property in which any other person has a beneficial interest; or

              (3) any successor trustee or trustees to any or all of the foregoing persons.

              The term "trustee" does not include any person appointed or acting as a personal representative as defined in K.S.A. 59-102, and amendments thereto, or appointed or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued.

              (i) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted:

              (1) In violation of any of the following provisions of law: article 88 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, Kansas parimutuel racing act; K.S.A. 2012 Supp. 21-6404, and amendments thereto, gambling; K.S.A. 2013 Supp. 21-6405, and amendments thereto, illegal bingo operation; K.S.A. 2013 Supp. 21-6406, and amendments thereto, commercial gambling; K.S.A. 2013 Supp. 21-6407, and amendments thereto, dealing in gambling devices; K.S.A. 2013 Supp. 21-6408, and amendments thereto; or K.S.A. 2013 Supp. 21-6409, and amendments thereto, installing communication facilities for gamblers; or

              (2) in gambling activity in violation of federal law or in the business of lending money at a rate usurious under state or federal law.

History: L. 2013, ch. 78, § 2; L. 2014, ch. 90, § 7; July 1.

21-6329. Kansas RICO act; unlawful acts.

              (a) It is unlawful for any covered person:

              (1) Who has recklessly received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise;

              (2) through a pattern of racketeering activity or through the collection of an unlawful debt, to recklessly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property; or

              (3) employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.

              (b) It is not unlawful for a covered person to violate subsection (a) through the collection of an unlawful debt if such person was not a participant in a violation described in subsection (i) of K.S.A. 2013 Supp. 21-6328, and amendments thereto, which created such unlawful debt.

              (c) Violation of this section or conspiracy to commit a violation of this section is a severity level 2, person felony.

              (d) The provisions of subsection (d) of K.S.A. 2012 Supp. 21-5302, and amendments thereto, shall not apply to conspiracy to commit a violation of this section.

              (e) (1) Notwithstanding the provisions of K.S.A. 2012 Supp. 21-6611, and amendments thereto, any person convicted of engaging in conduct in violation of this section, through which the person derived pecuniary value, or by which the person caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

              (2) The court shall hold a hearing to determine the amount of the fine authorized by this subsection.

              (3) For the purposes of this subsection, "pecuniary value" means:

              (A) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; and

              (B) any other property or service that has a value in excess of $100.

              (f) For persons arrested and charged under this section, bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person’s own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines on the record that the defendant is not likely to re-offend, an appropriate intensive pretrial supervision program is available and the defendant agrees to comply with the mandate of such pretrial supervision.

History: L. 2013, ch. 78, § 3; L. 2014, ch. 90, § 8; L. 2014, ch. 139, § 2; July 1.

21-6330. Kansas RICO act; court orders.

              (4) (a) Any district court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of section 3, and amendments thereto, by issuing appropriate orders and judgments, including, but not limited to:

              (1) Ordering any defendant to divest such defendant of any interest in any enterprise, including real property.

              (2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of the provisions of section 3, and amendments thereto.

              (3) Ordering the dissolution or reorganization of any enterprise.

              (4) Ordering the suspension or revocation of a license, permit, or prior approval granted to any enterprise by any agency of the state.

              (5) Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of section 3, and amendments thereto, and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.

              (b) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of the Kansas racketeer influenced and corrupt organization act is subject to civil forfeiture pursuant to the Kansas standard asset seizure and forfeiture act, K.S.A. 60-4101 et seq., andamendments thereto.

21-6331. Kansas RICO act; inquisitions.

              (a) For the purposes of this section, "attorney" means the attorney general, assistant attorney general, county attorney or district attorney, or in the absence of the county or district attorney, a designated assistant county or district attorney. If an assistant county or district attorney is designated by the county or district attorney for the purposes of this section, such designation shall be filed with the chief judge of such judicial district.

              (b) If an attorney is informed or has knowledge that a person or other enterprise has engaged in, or is engaging in, activity in violation of the Kansas racketeer influenced and corrupt organization act, such attorney shall be authorized to administer oaths or affirmations, subpoena witnesses or material, and collect evidence relating to such activity.

              (c) An attorney may apply ex parte to the district court of the district in which a subpoenaed person or entity resides, is found or transacts business, for an order directing that the subpoenaed person or entity not disclose the existence of the subpoena to any other person or entity exceptthe subpoenaed person’s attorney for a period of 90 days, which time may be extended by the court for good cause shown by the attorney. The order shall be served with the subpoena, and the subpoena shall include a reference to the order and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity in violation of the order may subject the subpoenaed person or entity to punishment for contempt of court. Such an order may be granted by the court only upon a showing:

              (1) Of sufficient factual grounds to reasonably indicate a violation of the Kansas racketeer influenced and corrupt organization act;

              (2) that the documents or testimony sought appear reasonably calculated to lead to the discovery of admissible evidence; and

              (3) of facts which reasonably indicate that disclosure of the subpoena would hamper or impede the investigation or would result in a flight from prosecution.

              (d) If information or evidence that the attorney seeks to obtain by the subpoena is located outside the state, the person or enterprise subpoenaed may make such information or evidence available to the attorney or such attorney’s representative for examination at the place where such information or evidence is located. The attorney may designate representatives, including officials of the jurisdiction in which the information or evidence is located, to inspect the information or evidence on such attorney’s behalf and may respond to similar requests from officials of other jurisdictions.

              (e) Upon failure of a person or enterprise, without lawful excuse, to obey a subpoena issued under this section or a subpoena issued in the course of a civil proceeding instituted pursuant to section 4, and amendments thereto, and after reasonable notice to such person or enterprise, the attorney may apply to the district court in which such civil proceeding is pending or, if no civil proceeding is pending, to the district court of the judicial district in which such person or enterprise resides, is found or transacts business for an order compelling compliance. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or material after asserting a privilege against self-incrimination to which such individual is entitled by law shall not have the testimony or material so provided, or evidence derived therefrom, received against such individual in any criminal investigation or proceeding.

              (f) A person who fails to obey a court order entered pursuant to this section may be adjudged in contempt of court and punished by fine and imprisonment.

History: L. 2013, ch. 78, §5; July 1.

21-6332. Possession of a firearm while under the influence of alcohol or drugs or both.

            (a) Possession of a firearm under the influence is knowingly possessing or carrying a loaded firearm on or about such person, or within such person’s immediate access and control while in a vehicle, while under the influence of alcohol or drugs, or both, to such a degree as to render such person incapable of safely operating a firearm.

            (b) Possession of a firearm under the influence is a class A nonperson misdemeanor.

            (c) This section shall not apply to:

            (1) A person who possesses or carries a firearm while in such person’s own dwelling or place of business or on land owned or possessed by such person; or

            (2) the transitory possession or use of a firearm during an act committed in self-defense or in defense of another person or any other act committed if legally justified or excused, provided such possession or use lasts no longer than is immediately necessary.

            (d) If probable cause exists for a law enforcement officer to believe a person is in possession of a firearm under the influence of alcohol or drugs, or both, such law enforcement officer shall request such person submit to one or more tests of the person’s blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. The selection of the test or tests shall be made by the officer.

            (e) (1) If a law enforcement officer requests a person to submit to a test of blood under this section, the withdrawal of blood at the direction of the officer may be performed only by:

            (A) A person licensed to practice medicine and surgery, licensed as a physician’s assistant, or a person acting under the direction of any such licensed person;

            (B) a registered nurse or a licensed practical nurse;

            (C) any qualified medical technician, including, but not limited to, an emergency medical technician-intermediate, mobile intensive care technician, an emergency medical technician-intermediate/defibrillator, an advanced emergency medical technician or a paramedic, as those terms are defined in K.S.A. 65-6112, and amendments thereto, authorized by medical protocol; or

            (D) a phlebotomist.

            (2) A law enforcement officer may direct a medical professional described in this subsection to draw a sample of blood from a person if the person has given consent or upon meeting the requirements of subsection (d).

            (3) When so directed by a law enforcement officer through a written statement, the medical professional shall withdraw the sample as soon as practical and shall deliver the sample to the law enforcement officer or another law enforcement officer as directed by the requesting law enforcement officer as soon as practical, provided the collection of the sample does not jeopardize the person’s life, cause serious injury to the person or seriously impede the person’s medical assessment, care or treatment. The medical professional authorized herein to withdraw the blood and the medical care facility where the blood is drawn may act on good faith that the requirements have been met for directing the withdrawing of blood once presented with the written statement provided for under this subsection. The medical professional shall not require the person to sign any additional consent or waiver form. In such a case, the person authorized to withdraw blood and the medical care facility shall not be liable in any action alleging lack of consent or lack of informed consent.

            (4) Such sample or samples shall be an independent sample and not be a portion of a sample collected for medical purposes. The person collecting the blood sample shall complete the collection portion of a document provided by law enforcement.

            (5) If a sample is to be taken under authority of a search warrant, and the person must be restrained to collect the sample pursuant to this section, law enforcement shall be responsible for applying any such restraint utilizing acceptable law enforcement restraint practices. The restraint shall be effective in controlling the person in a manner not to jeopardize the person’s safety or that of the medical professional or attending medical or health care staff during the drawing of the sample and without interfering with medical treatment.

            (6) A law enforcement officer may request a urine sample upon meeting the requirements of subsection (d).

            (7) If a law enforcement officer requests a person to submit to a test of urine under this section, the collection of the urine sample shall be supervised by:

            (A) A person licensed to practice medicine and surgery, licensed as a physician’s assistant, or a person acting under the direction of any such licensed person;

            (B) a registered nurse or a licensed practical nurse; or

            (C) a law enforcement officer of the same sex as the person being tested.

            The collection of the urine sample shall be conducted out of the view of any person other than the persons supervising the collection of the sample and the person being tested, unless the right to privacy is waived by the person being tested. When possible, the supervising person shall be a law enforcement officer. The results of qualitative testing for drug presence shall be admissible in evidence and questions of accuracy or reliability shall go to the weight rather than the admissibility of the evidence. If the person is medically unable to provide a urine sample in such manner due to the injuries or treatment of the injuries, the same authorization and procedure as used for the collection of blood in paragraphs (2) and (3) shall apply to the collection of a urine sample.

            (8) The person performing or assisting in the performance of any such test and the law enforcement officer requesting any such test who is acting in accordance with this section shall not be liable in any civil and criminal proceeding involving the action.

            (f) (1) The person’s refusal shall be admissible in evidence against the person at any trial on a charge arising out of possession of a firearm under the influence of alcohol or drugs, or both.

            (2) Failure of a person to provide an adequate breath sample or samples as directed shall constitute a refusal unless the person shows that the failure was due to physical inability caused by a medical condition unrelated to any ingested alcohol or drugs.

            (3) In any criminal prosecution for a violation of this section, if the court finds that a person refused to submit to testing when requested pursuant to this section, the county or district attorney, upon petition to the court, may recover on behalf of the state, in addition to the criminal penalties provided in this section, a civil penalty not exceeding $1,000 for each violation.

            (g) If a person who holds a valid license to carry a concealed handgun issued pursuant to K.S.A. 2013 Supp. 75-7c01 et seq., and amendments thereto, is convicted of a violation of this section, such person’s license to carry a concealed handgun shall be revoked for a minimum of one year for a first offense and three years for a second or subsequent offense.

            (h) In any criminal prosecution for possession of a firearm under the influence of alcohol or drugs, or both, evidence of the concentration of alcohol or drugs in the defendant’s blood, urine, breath or other bodily substance may be admitted and shall give rise to the following:

            (1) If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol or drugs, or both.

            (2) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol.

            (3) If there was present in the defendant’s bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapacitated, that fact may be considered to determine if the defendant was under the influence of alcohol or drugs, or both.

            (i) The provisions of subsection (h) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or drugs, or both.

            (j) Upon the request of any person submitting to testing under this section, a report of the results of the testing shall be made available to such person.

History: L. 2014, ch. 97, § 6; July 1.