The following summaries attempt to report on all bills that may be of interest to law enforcement. Please note these are brief summaries of the legislation and you should refer to the actual bill for questions about the language or effect of the provisions. The full text of any bill can be accessed on the Internet at http://www.kslegislature.org/cgi-bin/signed-enrolledbills/index.cgi Unless otherwise indicated, all bills become effective July 1, 2003.
 

AGRICULTURE

Aggravated Endangering the Food Supply

SB 31 adds "aggravated endangering the food supply" to the list of crimes that are deemed inherently dangerous felonies. By doing so, the bill corrects an oversight in 2002 legislation (SB 395) which made endangering the food supply an inherently dangerous felony, but failed to make the more serious crime of "aggravated endangering the food supply" an "inherently dangerous felony" under K.S.A. 2002 Supp. 21-3436.
 

ALCOHOL AND DRUGS

DUI Impoundment of Vehicles; School Bus Speed Limits; Ground Effect Lighting

SB 33 amends K.S.A. 8-1567 and adds impoundment of a person's motor vehicle to the list of potential penalties for conviction of driving under the influence of alcohol or drugs or for the new crime created by the bill of unlawfully allowing a person to drive your vehicle when you know that person has had his or her driver's licenses suspended or revoked.

A person convicted of driving under the influence is made responsible for payment of any associated expenses before the vehicle would be released after impoundment. Prior to ordering impoundment, a judge is required to consider whether impoundment would result in the loss of employment by the convicted person or a family member or whether the ability of these persons to attend school or obtain medical treatment would be impaired.

The bill makes it unlawful for an owner of a motor vehicle to allow a person to drive the owner's vehicle when the owner knows the person is driving in violation of a restriction for test refusal, test failure, or alcohol or drug-related conviction. A violation is punishable as an unclassified misdemeanor with a fine of not less than $500 but no more than $1,000. Impoundment, for up to a year, could also be ordered with an allowance for the retrieval of personal property in the vehicle.

The bill also amends K.S.A. 8-1558 regarding speed limits for school buses. Under the change, the bill allows a board of education in a school district to establish, by board policy, lower maximum speed limits regarding school buses. Current law specifically designates speed limits for school buses.

The bill also amends K.S.A. 8-1723 to allow the use of "neon ground effect lighting" on motor vehicles. "Neon ground effect lighting" is defined to mean neon tubes placed underneath the motor vehicle for the purpose of illuminating the ground below the motor vehicle creating a halo light effect. Lighting that is allowed by the bill cannot be any shade of red, flash off and on, nor may the neon tube itself be visible.

Drug Law--Major Changes

SB 123 makes major changes in the Kansas criminal law relating to penalties for possession of illegal drugs and the state's sentencing policies relating to these crimes effective November 1, 2003.

The bill establishes a non-prison sentence of drug abuse treatment, of not to exceed 18 months, amends the current criminal statutes related to drug possessions to reduce all criminal penalties involving illegal drug possession (except first time marijuana possession which remains a class A misdemeanor) regardless of the second, third, or subsequent possession conviction to a level 4 drug offense. Note that for third time and subsequent convictions of drug possession the presumptive sentence is imprisonment and the sentence shall not be considered a departure. Further, if the defendant violates the treatment sentence, he or she may have imposed a non-prison sanction which can include, among other things, not to exceed 60 days in the county jail.

Non-prison Sanction. The bill establishes "a non-prison sanction of certified drug abuse treatment programs for certain offenders." Specifically, those adult offenders who are convicted of K.S.A. 65-4160 (the possession of opiates or narcotics), or K.S.A. 65-4162 (possession of depressants, stimulants, or hallucinogenic drugs) and:

Third and Subsequent Drug Possession Presumptive Prison. The sentence for a third or subsequent felony conviction of drug possession shall be a presumptive term of imprisonment and the defendant shall be sentenced to prison if the defendant has previously completed a certified drug abuse treatment program (DATP) or has been discharged or has refused to participate in a certified DATP. The sentence will not be considered a departure and shall not be subject to appeal.

Drug Assessments Provisions. The drug abuse assessment shall include a statewide, mandatory, standardized risk assessment tool and an instrument validated for drug abuse treatment program placements and shall include a clinical interview with a mental health professional. The assessment shall assign a high or low risk status to the offender and include a recommendation concerning drug abuse treatment for the offender.

The presentence criminal risk-need assessment shall be conducted by a court services officer or a community corrections officer. The presentence drug abuse treatment program placement assessment shall be conducted by a certified drug abuse treatment program.

Drug Abuse Treatment--Discharge. Drug abuse treatment programs shall be certified by the Secretary of Corrections. The Secretary may establish qualifications for the certification of programs, which may include requirements for supervision and monitoring of clients; fee reimbursement procedures; handling of conflicts of interest; delivery of services to clients unable to pay; and other matters relating to quality and delivery of services by the program. Drug abuse treatment may include community-based and faith-based programs. The certification shall be for a four-year period.

The sentencing court shall commit the offender to treatment in a drug abuse treatment program until determined suitable for discharge by the court but the term of treatment shall not exceed 18 months.

Offenders shall be supervised by community corrections services staff who shall work with substance abuse staff to ensure effective supervision and monitoring of offenders. Offenders in drug abuse treatment programs shall be discharged from the program if the offender:

1. Is convicted of a new felony, other than a felony conviction for drug possession; or

2. Has a pattern of intentional conduct that demonstrates the offender's refusal to comply with or participate in the treatment program, as established by judicial finding.

Offenders who are discharged from the program shall be subject to the revocation provisions.

Costs. The cost for all drug abuse assessments and certified drug abuse treatment programs for any person shall be paid by the Kansas Sentencing Commission from funds appropriated for this purpose. The Kansas Sentencing Commission shall contract for payment for such services with the supervising agency. The sentencing court shall determine the extent, if any, that the person is able to pay for such assessment and treatment. Payments shall be used by the supervising agency to offset costs to the state. If financial obligations are not met or cannot be met, the sentencing court shall be notified for the purpose of collection or review and further action on the offender's sentence.

Disposition Changes. The bill amends K.S.A. 21-4603d, the authorized dispositions statute, on and after November 1, 2003, to change Category 4-E and 4-F on the drug sentencing grid from "border boxes" to presumption of probation boxes. It creates a special sentencing rule for offenders convicted of drug possession which mandates participation in the new certified drug treatment program and the approved aftercare plan. In the event an offender fails to participate in, or has a pattern of intentional conduct that demonstrates a refusal to comply with the certified drug abuse treatment program by a judicial finding, then the offender would serve the underlying prison sentence.

The bill modifies the provision for restitution to be paid to include as a condition of postrelease supervision and it also modifies dispositional departures for offenders whose offense is classified in grid qualify for the drug abuse treatment program. Those offenders would be added to the target population for consideration of placement at Labette Correctional Conservation Camp prior to any placement in a KDOC correctional facility. The Secretary of Corrections also is authorized to make direct placement of these same offenders at Labette.

K.S.A. 21-4714 is amended to add a provision to require a drug and alcohol assessment for the target population for the drug abuse treatment program. The drug and alcohol assessment would be a restricted court document.

Condition Violation Changes. K.S.A. 22-3716, the condition violator/postrelease supervision statute, is amended to create a non-prison sanction of up to 60 days for those offenders who are condition violators of the new drug and alcohol abuse treatment programs. The non-prison sanctions could include county jail, fines, community service, intensified treatment, house arrest or electronic monitoring.

Arson Fire Fighting Reimbursement. The disposition statue is amended to require a judge to order expenses incurred by local fire departments and fire districts when fighting arson fires to be repaid.
 

CHILDREN AND YOUTH

Juvenile Justice Code-Amendments

HB 2015 amends K.S.A. 38-1665 to give district judges the power to modify the sentence of a juvenile offender committed to a juvenile correctional facility upon motion by the juvenile justice commissioner based on the medical condition of the juvenile. The bill also amends K.S.A. 38-1609 and K.S.A. 65-5603 to ensure that treatment facility records regarding juveniles are privileged except when requested by the commissioner of juvenile justice.
 

HB 2016 amends the Juvenile Justice Code to accomplish the following:

Provide the Commissioner of the Juvenile Justice Authority the authority to adopt rules and regulations establishing standards of training and provisions for certifying juvenile corrections officers, which include:

• •a course of instruction of not less than 160 hours;
• •allowance for certification from another state;
• •a provision that a juvenile corrections officer will receive not less than 40 hours of inservice training annually.
• •Allow a juvenile corrections officer the powers of a law enforcement officer (both in-state and out-of-state) for the purpose of regaining or maintaining custody, security, and control of any person in the custody of the Commissioner.
• •Add a definition of juvenile corrections officer to mean a certified employee of the Juvenile Justice Authority (JJA) working at a juvenile correctional facility assigned by the Commissioner with responsibility for maintaining custody, security, and control of juveniles in the custody of the Commissioner at a juvenile correctional facility.
• •Add a definition of investigator to mean an employee of the JJA responsible for investigations concerning employees and juveniles in custody of the commissioner at the juvenile correctional facilities.

 

CRIMINAL PROCEDURE

Application Fee for Indigent Defendants;

Kansas Offender Registration Act

Institutions of Higher Education

HB 2121 establishes a $50 application fee for indigent defendants upon the bill's publication in the Kansas Register and then on July 1, 2004, a $100 application fee will be assessed when an indigent defendant is released prior to trial whether on bail or under another form of recognizance.

The receipts from the fee would be deposited in the Indigents' Defense Services Fund of the Board of Indigents' Defense Services. The new fee would replace the $35 administrative fee currently assessed at a judge's discretion at the end of the trial.

The bill also amends the Kansas Offender Registration Act to require offenders who intend to enroll in or be employed by institutions of higher education to inform the Kansas Bureau of Investigation of the change or termination of the change. Sheriffs must inform offenders of this obligation.
 

DISABLED

Assistance Dogs

HB 2197 amends four different Kansas acts that relate to the use of guide dogs by the blind and visually impaired, the use of hearing assistance dogs by the hearing impaired, the use of service dogs by the physically handicapped, and to the trainers of such guide, assistance, and service dogs. The bill creates a new definition of assistance dog that encompasses the types of dog used by persons with various disabilities. The bill creates a new statute that defines terms applicable to all of the acts; makes the three acts that concern the use of dogs by disabled persons uniform in authorizing the admittance of assistance dogs in places of public accommodation as set out in K.S.A. 39-1101, modes of public transportation, and rental and residential housing; extends the statement of public policy now applicable to the blind and visually impaired and physically disabled to all disabled persons; further delineates the type of dog that qualifies as an assistance dog; and amends existing law to specify that anyone who interferes with or denies the rights set out in specific statutes is guilty of an unspecified misdemeanor.

A new law created by the bill applies to qualified handlers of professional therapy dogs. New provisions authorize a disabled individual who uses an assistance dog, whenever a dispute arises as to whether the dog qualifies to accompany the user, to present an identification card or letter that meets the specific requirements set out in the bill. Upon presentation of such identification, the assistance dog shall accompany the disabled person. While presentation of identification is optional for the user of an assistance dog, qualified handlers of professional therapy dogs or professional trainers are required to present identification meeting the statutory requirements in the event of a dispute.

The crimes of (1) representing oneself as a person who has a right to be accompanied by an assistance dog in any of the places or facilities set out in K.S.A. 39-1101 or to be accompanied by a professional therapy dog in the places and facilities listed in the bill unless such person has a right under the law and (2) representing that one has a disability for the purpose of acquiring an assistance dog are created by HB 2197. The penalty is a class A nonperson misdemeanor.

K.S.A. 2000 Supp. 21-4318 is also amended to add assistance dogs, as that term is defined in HB 2197, to those dogs already covered by the statute which makes it a crime to inflict harm, disable, or cause the death of a dog as those terms are defined in the statute.
 

Employment Security Insurance Act for Domestic Violence Survivors

HB 2353 establishes the Employment Security Insurance Act for Domestic Violence Survivors. Selected provisions of the bill include the following:

• •Unemployment benefits could not be denied to a victim of domestic violence if the victim left work as a result of domestic violence.
• •No employer will be charged for benefits paid due to the claimant leaving employment as a result of domestic violence as defined in the bill.
• •An employee who is the victim of domestic violence will not be denied benefits for failing to accept an offer of employment when the position does not reasonably accommodate the person's physical, psychological, safety, and/or legal needs related to domestic violence.
• •The Secretary of the Department of Human Resources will implement a training curriculum for employees who will interact with claimants under the provisions of the bill.

Investigative Reports of Abuse

HB 2254 creates a new law to designate that both the Department of Social and Rehabilitation Services (SRS) and law enforcement officers have the duty to receive and investigate reports of adult abuse, neglect, exploitation, or fiduciary abuse to determine whether the reports are valid and whether action is required to protect the adult from further abuse or neglect. If disputes develop between agencies, the county or district attorney takes charge of the investigation.

• •If the Department and law enforcement officers determine that no action is necessary to protect the adult but that a criminal prosecution should be considered, the report of the case must be made to the appropriate law enforcement agency.
• •If the report indicates that there is adult abuse, neglect, exploitation, or fiduciary abuse and action is required to protect the adult, SRS and the appropriate law enforcement agency may conduct joint investigations with a free exchange of information between the agencies. Upon completion of the investigation, a full report must be made to SRS.
• •Investigations involving a facility under the jurisdiction of the Kansas Department of Health and Environment (KDHE) must be reported to the Secretary upon conclusion of the investigation or sooner if a report does not compromise the investigation.

Statutes governing the reporting of adult abuse and neglect in adult care homes, medical care facilities, and state psychiatric hospitals or state institutions for the mentally retarded are amended to:

• •Include law enforcement agencies as investigators of abuse and neglect;
• •Identify new persons who must report suspected adult abuse:
• •" Legal representatives designated in a durable power of attorney, power of attorney, or durable power of attorney for health care decisions, or a court appointed guardian, conservator, or trustee;
• •" Financial institutions (a bank trust officer and any other officers) of any bank, trust company, escrow company, finance company, savings institution, or credit union chartered and supervised under state or federal law; and
• •" Governmental assistance provider as an agency, or an employee of an agency which is funded solely or in part to provide assistance within the Kansas Senior Care Act, including Medicaid and Medicare.
• •Delete the criminal immunity for persons reporting as required;
• •Require the immediate reports KDHE and SRS must make to law enforcement agencies when a criminal act has occurred or has appeared to have occurred to be in writing;
• •Permit the investigating agency on a report of abuse to inform the complainant that corrective measures will be taken if required upon the completion of the investigation or sooner if such measures do not jeopardize the investigation;
• •Allow the Secretary of SRS to obtain consent for protective services for a resident from the resident's legal representative, if the resident lacks capacity to consent;
• •Allow the court, in situations where the caretaker or legal representative of a resident, or both, interfere with the provision of protective services, to appoint a new legal representative if the court deems that it is in the best interest of the resident;
• •Authorize investigating law enforcement agencies access to all relevant records associated with a report of abuse; and
• •Allow an appropriate law enforcement agency to request the assistance of other state departments, agencies, commissions, and local health departments in making its investigation.

MOTOR VEHICLES

Antique Vehicles

HB 2118 pertains to antique vehicle license plates issued prior to 1921. Unlike plates issued in 1921 and thereafter, plates issued from 1913 to 1920 were not embossed with the year of expiration. This bill will allow the display on an antique vehicle of a Kansas license plate issued the same year the vehicle was manufactured. It also removes the requirement of notary certification on assignments of title for antique vehicles.
 

Fleet Registration

SB 130 pertains to the registration of converter gears and to the registration of fleet vehicles. The bill allows converter gears to be registered provided the data required for registration is submitted electronically. The Division of Vehicles will assign a unique number for each converter gear and charge an annual fee of $1 for each registration. The bill defines the term "converter gear" to mean "an auxiliary axle assembly having a fifth wheel used for the purpose of converting a semi-trailer to a full trailer. The axle assembly can be used to haul trailers behind a single power unit, also referred to as dollies or bogie". The bill also allows owner-operators the option of registering a vehicle in their own name rather than only under the carrier's name.
 

Motor Carrier Weight-Bearing Axles

HB 2166 amends K.S.A. 8-1908 to specify that an axle located within 7 feet of another axle is a weight-bearing axle only when its wheels are in contact with the road and specifies that those axles in contact with the road surface will be used in determining the allowable legal weight of the vehicle.
 

Vehicle Registration Expiration Date

HB 2189 changes the registration expiration date of vehicles registered to operate at 16,000 pounds or more to the last day of February each year rather than the prior date of February 15. The date of enforcement of the registration also changes from February 15, to March 1 of each year. The bill requires the Department of Revenue to issue a February decal for these vehicles to correspond with the statutory grace period.
 

TRANSPORTATION

Driver's License Changes-Identity Verification

SB 16 amends the Kansas driver's license law, K.S.A. 8-240, to require confirmation of a person's identity and makes other changes. The bill does the following:

• •All applicants for a driver's license, permit, or identification cared (ID card) would be required to submit their Social Security number, or a taxpayer identification number if the person does not have a Social Security number or a sworn statement if the application has neither of these numbers stating that fact, to the Division of Vehicles. Applicants will receive a temporary driver's license, permit, or ID card until the Division verifies the identity of the applicant, at which time a permanent license, permit, or ID card will be issued. The Social Security number or taxpayer identification number can only be placed on the driver's license if requested by a person in writing.
• •Persons are prohibited from possessing both a driver's license and an ID card.
• •After July 1, 2004, no driver's license shall be valid until a color photo of the licensee has been taken and verified before placing it on the license. The photo fee is increase from $2 to $4.

HB 2073 creates a new statute that says that any application or renewal of a driver's license or identification card by a person who is at least 16 years of age but less than 26 years of age constitutes consent to such applicant's registration in the military selective service.
 

TRANSPORTATION

Vertical Format Drivers' Licenses

SB 159 amends K.S.A. 8-243 to require the Secretary of Revenue to make drivers' licenses and identification cards issued to persons under the age of 21 readily distinguishable by formatting them to be oriented vertically. The requirement would become effective on July 1, 2004.
 

Unattended Vehicles--Remote Starter Systems

HB 2120 amends K.S.A. 8-1573 to create an exception to the general prohibition against leaving a motor vehicle unattended while the motor is running. The exception is provided for vehicles equipped with a remote starter system. Under the bill, any such vehicle could be running while unattended if it was started by the remote system, the doors are locked, and the ignition keys are not in the vehicle.
 

Emergency Vehicles

HB 2158 amends K.S.A. 8-1404, 8-2010 and 8-2010a pertaining to authorized emergency vehicles. The bill requires operators of wreckers, tow trucks, or car carriers designated as authorized emergency vehicles to operate lights authorized under K.S.A. 8-1720 (the statute which specifies the location and spacing of the lamps on the vehicle, the color of the flashing lamps, and the intensity thereof). These lights can only be activated when these vehicles are stationary and providing emergency service on the side of a highway. The bill also moves from county commissioners to the Kansas Corporation Commission the authority to designate such vehicles as authorized emergency vehicles.

Please advise if you have questions about any of these bills.