The purpose of this bulletin is to update you on new or amended laws passed by the Kansas Legislature during the 2005 legislative session.

This bill amends K.S.A. 2004 Supp. 39-1433 to allow SRS to delay investigating abuse, neglect or exploitation claims if conducting their administrative investigation within 30 working days would interfere with an ongoing criminal investigation. The administrative investigation still must be completed within 90 working days. If SRS makes a finding prior to the conclusion of the criminal investigation, they may reopen their investigation and make a new finding based on any additional evidence provided as a result of the criminal investigation.

This bill amends the rape shield law K.S.A. 21-3525. It expands protection to victims of unlawful voluntary sexual relations, as defined in K.S.A. 21-3522, and amendments thereto, and applies to all court proceedings, not just jury trials.

This bill amends K.S.A. 2004 Supp. 21-3106 dealing with statutes of limitation. The bill generally makes the statute of limitations for sexually violent crimes five years or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later. The bill also amends K.S.A. 21-3510 to increase the severity level for indecent solicitation of a child from level seven to level six... The bill also amends K.S.A. 21-3511 is to increase the severity level of Aggravated indecent solicitation of a child from a level six to a level five offense. Finally, the bill broadens the definition of Sexual exploitation of a child under K.S.A. 2004 Supp. 21-3516(b) to prohibit the possession of any "visual depiction, including any photograph, film, video picture, digital or computer generated image or picture, whether made or produced by electronic, mechanical or other means, where such visual depiction of a child under 18 years of age is shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender, the child or another."

This bill amends K.S.A. 21-3830 dealing with dealing in false identification documents to include the following items in the definition of an "identification document: "banking instrument including, but not limited to, credit or debit cards and certified copies of birth, death, marriage and divorce certificates." The bill also changes the severity level from a level 10 offense to a level 8 offense. The bill also creates the new crime of Vital records identity fraud, a severity level 8 felony, The crime is committed by willfully and knowingly supplying false information intending that the information be used to obtain a certified copy of a vital record, or making, counterfeiting, altering, amending or mutilating any certified copy of a vital record without lawful authority; and with the intent to deceive; or willfully and knowingly obtaining, possessing, using, selling or furnishing or attempting to obtain, possess or furnish to another for any purpose of deception a certified copy of a vital record The bill also amends the Identity theft statute, K.S.A. 2004 Supp. 21-4018, to expand the scope of the crime of identity theft to delete he current requirement that the crime be committed an "economic" purpose. The bill changes the severity level from seven person to eight nonperson. The bill also creates the new crime of Identity fraud, a level eight nonperson felony, which is: (1) Willfully and knowingly supplying false information intending that the information be used to obtain an identification document; (2) making, counterfeiting, altering, amending or mutilating any identification document: (A) Without lawful authority; and (B) with the intent to deceive; or (3) willfully and knowingly obtaining, possessing, using, selling or furnishing or attempting to obtain, possess or furnish to another for any purpose of deception an identification document.

This bill changes several statutes regarding in-custody death of state inmates and medical expenses of prisoners. The provision of interest for the Topeka Police Department amends K.S.A. 2004 Supp. 21-4603d to allow a sentencing court to require a person to pay restitution to repay the amount of any medical costs and expenses incurred by any law enforcement agency or county.

This bill amends K.S.A. 2004 Supp. 21-3843 and adopts the uniform interstate enforcement of domestic violence protection orders act. The bill provides for the enforcement of a protection order and relief issued in Kansas, as well as a protection order from a tribal court or another state A Kansas law enforcement officer, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were a Kansas order.

This bill amends K.S.A. 8-1001, 8-1012, 32-1138 and 60-472. The amendment to 8-1001 clarifies that implied consent includes a preliminary breath test. The amendment to 8-1012 and 32-1138 clarifies the preliminary breath tests are not admissible in civil or criminal actions concerning the operation of or attempted operation of a vehicle or boat except to aid the court or hearing officer in determining a challenge to the validity of the arrest or the validity of a request for a breath, blood or urine test. to submit to a test pursuant to K.S.A. 8-1001. Finally, the amendment to K.S.A. 60-472 states that photographs of stolen property can be admitted into evidence in lieu of the stolen property if they meet the foundation requirements under the rules of evidence. Language in K.S.A. 60-472 requiring the photographing officer to inscribe the photograph with a description of the property, the name of the owner of the property, the location where the alleged wrongful taking occurred, the name of the investigating law enforcement officer, the date the photograph was taken and the name of the photographer was deleted.

This bill enacts the Sheriff Matt Samuels Chemical Control Act and makes a number of changes in the law governing the unlawful manufacturing of methamphetamine. The bill amends K.S.A. 21-2501a, 65-1643, 65-4113, 65-4152, 65-4159, 65-7001 and 65-7006. The key provisions of the bill include:

• Salts or optical isomers of ephedrine and pseudoephedrine are a Schedule V drug. Excluded from Schedule V are liquid, liquid capsule, or gel capsule forms of ephedrine and pseudoephedrine. This action would place a number of over-the-counter cold or allergy drugs behind the pharmacy counter and prohibit their sale in grocery stores, convenience stores, and other places that do not have a pharmacy.

• Pseudoephedrine and ephedrine could only be sold or distributed in a pharmacy by a pharmacist or pharmacy technician. A pharmacy intern or pharmacy student could sell pseudoephedrine and ephedrine if they are supervised by a pharmacist or pharmacy technician. Any person buying or receiving these products must produce a photo identification showing the date of birth of the person and must sign a written log or receipt showing transaction date, person's name, and the amount of the controlled substance purchased.

• It is unlawful for any person to purchase, receive or otherwise acquire more than three packages of any controlled substance within any seven day period.

• A minimum bail amount of at least $50,000 cash or surety would be set for persons arrested and charged with a violation of the following crimes: the manufacture or sale of ingredients used to manufacture a controlled substance; the unlawful manufacture of a controlled substance; and a violation of a provision of the drug paraphernalia law prohibiting anhydrous ammonia or pressurized ammonia to be placed in containers not approved by the Kansas Department of Agriculture. A court would be allowed to set bail at a lesser amount if the court determines, on the record, the defendant is not likely to reoffend, the court imposes pretrial supervision, or the defendant agrees to participate in a drug treatment program.

• Any sheriff, police department or countywide law enforcement agency would be required to report, on forms approved by the attorney General, any methamphetamine laboratory seizures and dump sites and any theft or attempted theft of anhydrous ammonia that occurs in the agency's jurisdiction within 30 days of the incident.

• This bill took effect upon publication in the Kansas Register. The provisions dealing with sale of ephedrine and pseudoephedrine took effect on June 1, 2005.

SB 195.

This bill amends K.S.A. 2004 Supp. 21-3110 to adopt a definition of a firearm as "any weapon designed or having the capacity to propel a projectile by force of an explosion or combustion." The bill also amends K.S.A. 21-4206 and K.S.A. 2004 Supp. 60-4117 to expand the firearm disposal methods available to law enforcement agencies to allow the agency to sell firearms to a properly licensed federal firearms dealer, for trading to a properly licensed federal firearms dealer for other new or used firearms or accessories for use within such agency. Proceeds from any sale must be credited to the asset seizure and forfeiture fund of the seizing agency. The bill also amends K.S.A. 74-5607 to require the Kansas Law Enforcement Training Commission to adopt the rules and regulations necessary to ensure that law enforcement officers are adequately trained, including the establishment of a course of fire as a standard qualification for active law enforcement officers to carry firearms and that may also be used for qualified retired officers to carry firearms pursuant to federal law. The KLETC director shall also provide qualification opportunities for qualified retired officers at least twice a year at the times and places the director determines to be necessary, and can charge a fee limited to the actual costs of presenting the standard qualifications course. Finally, the bill attempts to adopt a statewide standard for gun transactions (other than carrying or brandishing) by preempting cities and counties from adopting or enforcing any ordinance, resolution or regulation, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof, other than those expressly authorized by statute. The statute states that "No person shall be prosecuted or convicted of a violation of any ordinance, resolution or regulation of a city or county which regulates the storage or transportation of a firearm if such person (1) is storing or transporting the firearm without violating any provision of the Kansas criminal code or (2) is otherwise transporting the firearm in a lawful manner." And also states, "No person shall be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm."

This bill provides the Commissioner of the Juvenile Justice Authority with the statutory authority, similar to the Department of Corrections, to obtain a court order to have an offender’s blood tested for infectious diseases when staff at a juvenile correctional facility have been exposed to that offender’s body fluids.

This bill enacts new law regarding racial profiling. Its provisions include:

1. A definition of racial profiling as "the practice of a law enforcement officer or agency relying, as the sole factor, on race, ethnicity, national origin, gender or religious dress in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. Racial profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement officer or agency is seeking to apprehend a specific suspect whose race, ethnicity, national origin, gender or religious dress is part of the description of the suspect.

2. A definition of "Routine investigatory activities" that includes, but is not limited to "the following activities conducted by law enforcement officers and agencies in conjunction with traffic stops: (1) Frisks and other types of body searches, and (2) consensual or nonconsensual searches of persons or possessions, including vehicles, dormitory rooms, school lockers, homes and apartments.

3. A prohibition on racial profiling, and creation of a civil cause of action for racial profiling.

4. A requirement that law enforcement agencies accept complaints of racial profiling. At the complainant's option, the complainant can be filed with and investigated by the Kansas Human Rights Commission.

5. A requirement that all law enforcement agencies adopt a detailed, written policy on racial profiling that includes:

6. The state-mandated definition of racial profiling and a provision prohibiting racial profiling

• An effective date within one year after July 1, 2005

• The policy and any data collected pursuant to the policy to be available for public inspection during normal business hours.

• Annual educational training which shall include, but not be limited to, an understanding of the historical and cultural systems that perpetuate racial profiling, assistance in identifying racial profiling practices, and providing officers with self-evaluation strategies to preempt racial profiling prior to stopping a citizen.

• In cities of the first class, establishment or use of current independent citizen advisory boards that include participants who reflect the racial and ethnic community, to advise and assist in policy development, education and community outreach and communications related to racial profiling by law enforcement officers and agencies.

• Policies for discipline of law enforcement officers and agencies who engage in racial profiling.

• A provision that, if the investigation of a complaint of racial profiling reveals the officer was in direct violation of the law enforcement agency’s written policies regarding racial profiling, the employing law enforcement agency shall take appropriate action consistent with applicable laws, rules and regulations, resolutions, ordinances or policies, including demerits, suspension or removal of the officer from the agency.

• Provisions for community outreach and communications efforts to inform the public of the individual’s right to file with the law enforcement agency or the Kansas human rights commission complaints regarding racial profiling, which outreach and communications to the community shall include ongoing efforts to notify the public of the law enforcement agency’s complaint process.

• Procedures for individuals to file complaints of racial profiling with the agency, which, if appropriate, may provide for use of current procedures for addressing such complaints.

The bill also requires law enforcement agencies to compile and submit to the attorney general's office by January 31st of each year a an annual report of all complaints of racial profiling received by the agency . The reports shall be open public records and shall be posted on the official website of the attorney general.

This bill requires local and state law enforcement officers and agencies to assist the supreme court in taking and processing of fingerprints of applicants seeking admission to practice law in this state, and requires them to release all records of an applicant’s arrests and convictions to the supreme court and the state board of law examiners.

This bill amends the tort claims act to make the government and other agencies immune (except from motor vehicle operations) from liability for adult and juvenile offenders performing court-ordered community service work unless the government or the agency's actions constitute willful or wanton misconduct or intentionally tortious conduct.

This bill requires the KBI to provide the secretary of social and rehabilitation services criminal history record information as necessary for the purpose of determining initial and continuing qualification for employment or for participation in any program administered by the secretary for the placement, safety, protection or treatment of vulnerable children or adults. The bill also amends the expungement statute, K.S.A. 2004 21-4619, to provide that all forms of the crime of rape could not be expunged by an adult. The bill would permit an adult to have the crime of sexual battery expunged unless the victim was less than 18 years of age. In regard to juveniles, the bill would add forcible rape, sexual battery when the victim is less than 18 years of age, and aggravated sexual battery to the list of crimes which are not subject to expungement.

This bill establishes a five-member Consolidation Commission for Topeka and Shawnee County; requires the Commission to prepare a plan for consolidation; requires approval by a dual majority of those voting within the City of Topeka and those living outside the city before any consolidation, and provides for a moratorium on the unilateral annexation powers of the City of Topeka pending the outcome of the consolidation election.

This bill repeals a sales tax provision enacted in 2004 that requires that in the case of the isolated or occasional (private) sale of certain vehicles, tax is to be computed based on the greater of the stated selling price or their valuation under the motor vehicle (property) tax law..

This bill amends K.S.A. 8-147 dealing with license plates. It allows the secretary of revenue to designate an "arrangement of numerals or letters, or both" for license plates once all allowable combinations of three letters followed by three numbers are used up. The arrangement of numerals and letters of license plates shall be uniform throughout each classification of registration, and the numbers and letters can be arranged in groups and/or the secretary can place other distinguishing marks on such license plates.

This bill amends the definition of "all-terrain vehicles," set forth in K.S.A. 8-1402a and K.S.A. 2004 Supp. 8-126. In increases their allowable size from 45 to 48 inches wide, and their allowable weight from 600 to 1000 pounds.

This bill amends the definitions of a DUI conviction in K.S.A. 8-1013 to delete the five-year decay on DUI diversions, test refusals, test failures or alcohol or drug related convictions.

This bill amends K.S.A. 8-136 governing dealer license plates. It allows manufacturers or dealers to use the plates to transport not more than four trailers, provided the manufacturer or dealer complies with the provisions of K.S.A. Chapter 8, article 19.

This bill amends K.S.A. 8-1720, 8-1729 and K.S.A. 2004 Supp. 8-1723 regarding lights on vehicles. The bill authorizes the lead motor vehicle of a funeral procession (which can be a hearse) to be equipped with wig-wags (lights which alternately or simultaneously flash). The bill also updates the statutes allowing police vehicles used as emergency vehicles to be to be equipped with such lights.

This bill amends K.S.A. 2004 Supp. 8-135 concerning certificates of title on vehicles. It provides that security interests in a vehicle registered by a federally recognized Indian tribe shall be deemed valid under Kansas law if validly perfected under the applicable tribal law and the lien is noted on the face of the tribal certificate of title.

This bill amends K.S.A. 2004 Supp. 21-3404 and 21-3436 to include eluding a police officer under 8-1568(a) in the list of crimes for which someone can be charged with involuntary manslaughter, and to include felony eluding under 8-1568(b) as an inherently dangerous felony for the purposes of the felony murder rule.

This bill amends K.S.A. 8-177c and 8-1,140 and K.S.A. 2004 Supp. 8-1,146 and allows for placement of certain stickers on license plates. The bill allows display of stickers on veteran or purple heart license plates by motorcycle owners or lessees who have been awarded a purple heart medal (effective July 1, 2005), winners of silver star or bronze star medals (effective July 1, 2005), combat medical badge, army combat infantry badge, navy/marine corps combat action ribbon, army distinguished service cross, navy cross, air force cross and distinguished flying cross. The decals will be designed by the Director of Vehicles and be affixed in the location specified by the director.

This bill amends K.S.A. 2004 Supp. 8-1,134 governing permanent registration of motor vehicles, allowing for permanent registrations of truck tractors, trailers or semitrailers leased by a community college or technical college and used exclusively for a truck driver training program.

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