This bill amends K.S.A. 21-3610 regarding furnishing alcohol or cereal malt beverage to minors. It adds a requirement to the exception for parents or guardians providing such beverages to a minor that the parent or guardian permit and supervise the minor while the furnishing takes place. The bill also requires 90-day or one-year suspension of driving privileges for second or third convictions, respectively, of minors who possess alcohol or cereal malt beverage. The bill also creates a new class B misdemeanor crime of unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage. The bill defines the crime as "intentionally permitting a person’s residence or any land, building, structure or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person’s child or ward, in a manner that results in the possession or consumption therein of alcoholic liquor or cereal malt beverages by persons under the age of 18."

Finally acknowledging that theft is a serious problem, or simply recognizing that things cost more than they used to, the legislature increased the jurisdiction limits for theft. This bill amends K.S.A. 21-3701 to make theft of property valued at more than $100,000 a severity level 5, nonperson felony. Theft of property valued between $25,000 but less than $100,000 is a severity level 7, nonperson felony. Theft of property valued between $1,000 but less than $25,000 is a severity level 9, nonperson felony. Theft of property valued up to $1,000 is a class A misdemeanor. The legislature also did away with the five-year "decay" provision, so all prior misdemeanor theft convictions (including municipal court convictions) count against people convicted twice or more, making the third conviction a severity level 9, nonperson felony. The bill makes similar changes to the theft of services statute, K.S.A. 21-3704. The bill also doubles the rape sentence for those who have prior conviction for rape or a comparable felony. The bill also amends K.S.A. 21-4318 to add game warden dogs to the crime of inflicting harm, disability or death on various public service dogs. The bill also decriminalizes the conducting of a hypnotic exhibition, repealing K.S.A. 21-4007.

This bill amends several provisions of the Code of Procedure for Municipal Courts. Among its major provisions, it allows municipal judges the power to punish for contempt committed outside the courtroom. These changes will not automatically apply in the City of Topeka because the City Council has chartered out of the State Code of Procedure for Municipal Courts.

This bill creates the new crime of selling, purchasing, possessing or using a traffic control preemption device, which is any device "intended or used to interfere with the operation or cycle of a traffic-control signal." Possession is generally a class B misdemeanor. Use is a generally a severity level 9, nonperson felony unless a traffic accident results. If the accident results in injury or property damage, the crime is a severity level 7, nonperson felony. If the accident results in death, the crime is a severity level 5, nonperson felony. Selling or purchasing such a device is a severity level 9, nonperson felony. The bill makes exceptions for authorized emergency vehicles.

This bill amends the criminal trespass statute, K.S.A. 21-3721, to allow licensed land surveyors, their agents and employees to be on property without it being considered a criminal trespass. The bill adds an affirmative defense to the statute.

This bill amends the criminal hunting statute, K.S.A. 21-3728 to change the name of trapping licenses to fur harvesting licenses. It also creates the new class B misdemeanor offense of intentional criminal hunting, which is basically hunting property in violation of an order to leave or hunting, fishing or fur harvesting on posted premises without permission. First convictions or diversion lead to a suspension of all or part of the hunting, fishing or fur harvesting license for up to six months, second convictions for up to a year, and third and subsequent convictions for up to five years.

This bill amends the statute for mistreatment of a dependant adult, K.S.A. 21-3437. The bill generally increases the severity level of the offense if the offender takes financial advantage of the victim and the financial gain is over $500.00

This bill fixes the result caused by State v. McAdam, ___ Kan. ___ (No. 88,139 filed 1/30/2004). in which the Kansas Supreme Court ruled that "compounding" and manufacturing methamphetamine mean the same thing, and can only be sentenced as a drug severity level three offenses as opposed to a drug severity level one offense. The amendment strikes "compounding" from K.S.A. 65-4161 and 65-4163. The statute also creates the new crime, on and after July 1, 2004, of aggravated endangering a child when the child is raised in meth lab. This bill was published and took effect on May 21, 2004.

This bill creates the new crime of unlawfully using a recording device in a movie theater without the owner's permission. The crime is an A misdemeanor for a first offense, and a severity level 9 nonperson felony for second and subsequent violations.

This bill enacts a new statute regarding preliminary examinations, and allows prosecutors to use the results of field tests, as opposed to lab tests, to prove that a substance is a prohibited controlled substance, provided the field test kit is approved by the KBI.

This bill creates yet another group to study and give input on the criminal justice system. It creates the Kansas criminal justice recodification, rehabilitation and restoration project. The main purposes of this multi-faceted group is to study the criminal code, simply or clarify the criminal law statutes, and try to keep people out of prison as much as possible. The project shall prepare and submit its interim report to the legislature on or before February 1, 2005, and a final report and recommendations on or before January 9, 2006.

This bill amends K.S.A. 12-4511 to allow municipal judges to parole persons for up to two years instead of one, and allow them to extend parole in two-year increments. These changes will not automatically apply in the City of Topeka because the City Council has chartered out of the State Code of Procedure for Municipal Courts.

This bill creates the new crime of using pyrotechnics in a building that is a place of public assembly. The crime is apparently an unclassified misdemeanor and can be abated as a common nuisance. Exceptions are provided for safe uses such as use in fireproof buildings or buildings with sprinkler systems. This bill took effect upon its publication in the Kansas Register.

This bill substitutes life without parole for the hard 50 sentence as a fallback to the death penalty. It amends K.S.A. 21-4622 and 21-4623 to mandate that neither life without parole nor the death penalty can be imposed as the sentence for any defendant under 18 or who is mentally retarded and has been convicted of capital murder. The bill also mandates life without parole instead of a hard 50 sentence for defendants convicted of capital murder if the prosecuting attorney does not timely file notice of intent to seek the death penalty.

This bill seeks to regulate those who engage in debt adjusting. The Bank Commissioner will regulate "credit service organizations." It amends K.S.A. 21-4402 to create an exception for any person registered as a credit services organization under the Kansas credit services organization act.

This bill amends K.S.A. 60-4107 governing forfeitures, and requires the seizing agency to notify the person from whose possession or control the property was seized and any interest holder of record within 30 days of seizing the property. Previously, such notifications could have been made by the plaintiff's attorney in the forfeiture action (the district attorney), but now they fall upon the seizing agency.

This bill enacts the interstate compact for juveniles. It should allow for speedy return of absconded juvenile offenders and runaways from compacting states. The bill takes effect on the later of July 1, 2004, or upon enactment into law by the 35th state and its publication in the statute book.

This bill makes certain changes in the licensing, training and continuing education requirements of private detectives. The bill also contains a provision allowing federal law enforcement officers (F.B.I. agents) to make warrantless arrests in this state under certain circumstances and gives federal officers the same authority as state and local law enforcement officers when rendering assistance at the request of local law enforcement officers or while acting as part of a task force or while conducting a joint investigation.

This bill amends K.S.A. 75-4503 to give Capitol Police statewide jurisdiction. Arrestees are to be turned over to the Sheriff unless the arrest is for a Topeka city ordinance violation, in which event the arrestee is turned over to the Topeka Police Department.

This bill reconciles two different amendments to the law enforcement officer jurisdiction statute, K.S.A. 22-2401a. It reconciles amendments in SB 9 that defines tribal police as law enforcement officers and establishes their jurisdiction subject to certain limitations. It also reconciles amendments made by SB 136 regarding University and Campus Police Officers. The bill makes University Police Officers equivalent to other law enforcement officers. It adds them to the definition of a law enforcement officer in K.S.A. 21-3110, includes them in the elements of assault against a law enforcement officer in K.S.A. 21-3409, aggravated assault against a law enforcement officer in K.S.A. 21-3411, battery against a law enforcement officer in K.S.A. 21-3413 (although it does not specify the penalty), and aggravated battery against a law enforcement officer in K.S.A. 21-3415. The bill also adds a requirement that the severity level 3 person felony of aggravated battery to a law enforcement officer under K.S.A. 21-3415(a)(3) be committed with a motor vehicle. The bill also allows campus police officers (school security officers designated as a campus police officer pursuant to K.S.A. 72-8222, and amendments thereto) the same jurisdiction as university police officers, meaning they can enter into memorandums of understanding with local law enforcement agencies specifying their jurisdiction. This change appears to correct the jurisdictional problems noted in Attorney General Opinion 2002-39.

This bill regulates bounty hunters, which have previously been unregulated. Such persons cannot have a person felony conviction in the last ten years. The bill also provides that bounty hunters must notify local law enforcement agencies before attempting to apprehend a client of the bonsdman, and provide a certified copy of the bond, a valid government-issued photo identification, written appointment of agency, if not the actual surety, and all other appropriate paperwork identifying the principal and the person to be apprehended.. Failure to do so is a class A misdemeanor for a first offense, and a severity level 9, nonperson felony for second and subsequent offenses. The bill also allows local law enforcement to accompany the bounty hunter when they are attempting apprehension.

This bill amends the Kansas Law Enforcement Training Act, K.S.A. 74-5602, to define full time officers as working more than 1000 hours per year in law enforcement related work. The bill allows city employees to be part-time officers.

This bill amends K.S.A. 21-4619 to allow the Kansas Law Enforcement Training Center access to expunged convictions. It also creates a "gypsy cop" registry to keep track of law enforcement officers who leave an agency and the reasons for separation.

This bill amends K.S.A. 19-1930, and allows counties to assess jail costs against county jail inmates, and garnish their inmate commissary accounts if the inmate fails to pay the costs.

This bill enacts the wireless enhanced 911 act. It provides funding and administration of a system allowing emergency communication centers to identify and locate cell phone callers.

This bill makes a significant change in the open records act to require that custodians of law enforcement records who deny disclosure under 45-221(a)(10) cite, upon request, the specific reason or combination of reasons that are the basis for denying access to the records. The bill also allows for an award of costs and attorney fees for bad faith requests or disclosures.

These bills amend K.S.A. 8-1,141, 8-1,142 and 8-1,146 regarding distinctive license plates. It allows for issuance of new distinctive plates for helping schools and for firefighters. Apparently, the state did not issue too many law enforcement officer license plates (can you say key my car?), so the legislature repealed that provision (K.S.A. 8-1,149). Also, hopefully reversing the proliferation of distinctive plates, the legislature enacted provisions requiring sponsors of such projects to front nonrefundable deposits to cover the cost of developing and issuing new distinctive plates and allowing the director to discontinue issuance of any type of distinctive plate unless a minimum amount are issued each year.

This bill amends K.S.A. 8-255c, 8-240, 8-242, 8-2,135 and 8-1324 to specify that social security numbers or taxpayer identification numbers cannot be used as driver's license, driver permit or identification card numbers. The bill also contains background check requirements for persons holding a commercial driver's license with a hazardous materials endorsement.

This bill amends K.S.A. 8-1606 and 8-1611. It increases the limit from $500 to $1000 on when accidents have to be reported to the police and the department of transportation. The bill takes effect on January 1, 2005.

This bill amends the vehicle impound statute, K.S.A. 8-1102, to require that any person attempting to claim an impounded vehicle show proof of valid registration and ownership of the motor vehicle to the agency before obtaining the motor vehicle. In addition, the agency may require payment of all reasonable costs associated with the impoundment of the motor vehicle, including transportation and storage fees, prior to release of the motor vehicle.

This bill creates the new traffic infraction of littering, (as opposed to criminal littering under K.S.A. 21-3722, an unclassified misdemeanor), which is basically throwing any trash out of a car window. The bill creates a presumption the driver committed the offense unless a passenger confesses or is otherwise identified as the offender. The bill sets the fine at $100.00. It also creates recidivist penalties for criminal littering, allowing a fine of up to $1000.00 for a first offense, $2000.00 for a second offense, and up to $4000.00 for a third or subsequent offense. The bill also requires a restorative penalty that the person pick up litter for a time designated by the court. The bill also sets the fine at $60.00 for the new crime of improper jake brake usage (HB 2871).

This bill creates a new registration class for fleet vehicles and allows for the issuance of permanent, nontransferable license plates for fleet vehicles. The bill also makes certain changes to the statutes governing salvage titles, K.S.A. 8-197 and 8-198.

This bill creates the new traffic infraction for unlawful use of a jake brake unless the compression release is directed through a muffler. The bill also requires garbage trucks to have a back-up alarm, but allows cities to prohibit use of such alarms during certain times of the day. The bill also moves the fines for overweight vehicle violations into the traffic infraction schedule under K.S.A. 8-2118, and adopts increasing penalties for repeat violations. The bill became effective upon publication in the Kansas Register (April 29, 2004).

Please advise if you have any questions about these bills.

John J. Knoll

Assistant City Attorney & Police Legal Advisor

City of Topeka, Kansas

jknoll@topeka.org