2009 Legislative Summary
The purpose of this bulletin is to update you on new or
amended laws passed by the Kansas Legislature during the 2009 legislative
session.
The following summaries attempt to report on all bills
that may be of interest to law enforcement.
Please note these are only brief summaries of the legislation. You should refer to the actual bill for
questions about the language or effect of the provisions. I have provided hyperlinks to each bill. Unless otherwise indicated, all bills become
effective
Alcohol and Tobacco
This bill amends K.S.A.
41-2703 and 41-2708 to allow cites and counties more discretion on whether to
allow licensing of an alcohol or cereal malt beverage establishments if
corporate owners of such an establishment have had a retailer’s license revoked
in the past or have been convicted of a violation of the club and drinking
establishment act or the cereal malt beverage laws of this state. The bill also makes revocation or suspension
of such a license discretionary for certain violations.
This bill amends the social
hosting statute, K.S.A. 21-3610c, to prohibit reckless in addition to
intentional violations of the statute.
Innkeepers had language added to the statute saying that it shall not be
deemed to create any civil liability for any lodging establishment
This bill amends several
alcohol statutes and contains several provisions regarding wineries and wine
sales, including sale of
Crimes and Punishment
This bill amends K.S.A.
59-29a11 dealing with placement of sex offenders, and prohibits the secretary
of SRS from placing more than eight sexually violent predators in any one
county on transitional release or conditional release.
This bill amends K.S.A.
21-3826 to extend the crime of traffic in contraband in a penal facility to
care and treatment facilities. The bill
also amends K.S.A. 2008 Supp. 50-6,109, 50-6,110, 50-6,111 and 50-6,112
governing scrap metal dealers. These
changes will expand the definition of "regulated scrap metal" to
include junk vehicles, vehicle parts; and "any item composed, in whole or
in part, of any nonferrous metal other than an item composed of tin, that is
purchased or otherwise acquired for the purpose of recycling or storage for
later recycling." The bill also
adopts definitions for "bales of regulated metal," "ferrous
metal, "junk vehicle," "nonferrous metal," "tin,"
and a "vehicle part." The bill
extends the act's documentation and identification requirements to agents and
employees of scrap dealers, and enhances the forms of acceptable identification
that will satisfy the act. A legible
fingerprint would be required of a seller using an identifying number from an
official governmental identification document from outside of the
This bill amends several
provisions of the Kansas Criminal Code.
The most important provision changes the sentence for felony battery to
a law enforcement officer in violation of K.S.A. 21-3413 to presumptive
prison. Other key provisions include:
• An amendment to the presumptive prison sentence for someone convicted of carrying or discharging a firearm while committing a drug felony. Carrying a firearm leads to an additional 6 months’ imprisonment; and discharging it leads to an additional 18 months’ imprisonment.
• An amendment to the eluding statute, K.S.A. 8-1568, somewhat changing the elements of the crime. The bill specifies that a signal to stop given by the police officer may be by hand, voice, emergency light or siren. If the officer giving the signal is within or upon an official police vehicle or police bicycle, the vehicle or bicycle has to be appropriately marked showing it to be an official police vehicle or police bicycle. "Appropriately marked" is defined as any police vehicle or bicycle equipped with functional emergency lights or siren or both and which the emergency lights or siren or both have been activated for the purpose of signaling a driver to stop a motor vehicle." If the officer is not in or on an official police vehicle or police bicycle at the time the signal to stop is given, the officer shall be in uniform and prominently displaying such officer’s badge of office. Lack of knowledge that the officer was a police officer would be an affirmative defense to be proved by the defendant.
• An amendment to the criminal threat statute, K.S.A. 21-3419, and aggravated criminal threat statute, K.S.A. 21-3419a, to expand the crime to threats which cause the lock down or disruption in regular, ongoing activities of a building or facility.
• Amendments to the dogfighting statute, 21-4315, to prohibit attendance at a dogfight or possession of dogfighting paraphernalia. A similar amendment to the cockfighting statute, 21-4319, prohibits grooming or medicating a bird for fighting, attending a cockfight, or possession of cockfighting paraphernalia.
• A provision that requires suspension of a person's driver's license if they are convicted of the new crime of transporting illegal drugs (similar to the open container law).
This bill makes some minor amendments to the DUI
law. It requires prosecutors to obtain
driving records and criminal histories prior to filing charges. City attorneys are also required to do so,
and to refer any felony cases to the district attorney's office for
charges. Beginning July 1, 2010, the
bill increases the minimum mandatory jail penalties for fourth and subsequent
offenses to 144 consecutive hours imprisonment, with an overriding sentence of
at least 180 days nor more than one year's imprisonment. The bill also establishes the Kansas DUI
commission, (headed up by Senator Tim Owens) who is charged with reviewing,
assessing and gathering information on past and current driving under the influence
statutes in Kansas and other states; proposals related to driving under the
influence introduced in the 2009 legislative session; other subjects related to
driving under the influence; the effectiveness of measures to change the
behavior of driving under the influence offenders; and to develop a balanced
and comprehensive legislative proposal.
That proposal should centralize recordkeeping, change the behavior of
driving under the influence offenders at the earliest possible time and provide
for significant restriction on personal liberty at some level of frequency and
quantity of offenses. The commission is
directed to prepare and submit a report and recommendations on or before the
first day of the 2010 legislative session and to submit a final report and
recommendations on or before the first day of the 2011 legislative session.
Criminal Procedure
This bill creates a false claims act allowing
government entities to pursue civil actions and recover certain damages for
false and fraudulent claims. The
provision of primary interest to law enforcement is an amendment to K.S.A.
60-455 in the evidence code that expands the types of prior bad acts admissible
to show motive, opportunity, intent, preparation, plan, knowledge,
identity or absence of mistake or accident in sex
offense and other prosecutions. For
crimes other than sex offenses, evidence of a prior crime would be admissible
to show the mode of operation is so similar that it is reasonable for a finder
of fact to conclude the same individual committed both acts. In sex offense prosecutions, the bill
provides that evidence of the defendant’s commission of another act or offense
of sexual misconduct is admissible, and may be considered for its bearing on
any matter to which it is relevant and probative, provided the prosecutor
provides advance notice of their intent to use the prior bad acts for such a
purpose. The bill was designed to modify
the Kansas Supreme Court's ruling in State
v. Prine, ___ Kan. ___, (No. 93,345, filed
01/16/09). In Prine, the Court
held that before a district judge admits evidence of prior bad acts to prove
plan or modus operandi under K.S.A. 60-455, the evidence must be so strikingly
similar in pattern or so distinct in method of operation to the current
allegations as to be a "signature."
Prine was convicted of rape, aggravated criminal sodomy, and aggravated
indecent liberties involving a six-year old girl he was babysitting. The victim described three different types of
sexual offenses she said Prine routinely subjected her to. The district court also admitted evidence
from two other victims complaining of similar acts by Prine when they were
young girls. Applying its
"signature standard," the Court held it was error to admit the
evidence of Prine's prior bad acts with the two other victims. The bill took effect on April 30, 2009.
This is a clean-up bill passed during the veto session
that reconciles competing amendments and corrects several enrolling errors in
bills presented to and signed by the governor.
The key provision in this bill is the Kelsey Smith Act. This law requires telecommunications
providers to provide location information to an emergency dispatcher or law
enforcement as needed to respond to an emergency. The bill also provides them immunity from
suit when they do. The Kansas bureau of
investigation is charged with obtaining, maintaining, and distributing contact
information for all wireless telecommunications carriers authorized to do
business in the state of Kansas.
Originally passed as HB 2126, and was signed by Governor Sebelius and
published on April 30, 2009, the corrected version was presented to Governor Parkinson
and was published and took effect on June 4, 2009.
This bill amends the consumer credit reporting
act. It allows persons to place a
security freeze on their credit report, but deletes the requirement that they
be a victim of identity theft or have filed a police report.
Drugs
This bill establishes the
statewide electronic logging system for sale of methamphetamine precursor
act. The act requires the board of
pharmacy to establish rules and regulations, and requires pharmacies to
maintain an electronic methamphetamine precursor recording log documenting the
sale of methamphetamine precursors. The
information they collect is confidential, but can be shared with local, state
and federal law enforcement or prosecutorial officials. The bill specifies that the state agency or
private vendor selected to maintain the log shall have the technological
capability to receive electronic log data from pharmacies and to send real time
notification to law enforcement officials.
This bill enacts a new law regarding emergency use of
epinephrine. It provides that emergency
administration of the drug is not the practice of the healing arts, and persons
doing so in good faith in response to a perceived anaphylactic reaction are
immune from a suit for damages. The bill
also allows schools to maintain an epinephrine kit.
This bill amends K.S.A. 65-4142 dealing with receiving
proceeds of a violation of the uniform controlled substances act, extending the
prohibited acts to "any substantially similar offense from another
jurisdiction." The bill is a
response to a case where a person was caught in Kansas deriving the proceeds
from a drug crime in another state. The
court construed prior law to only prohibit the receipt of proceeds from
violations of the Kansas uniform controlled substances act.
This bill codifies and relocates all drug crimes from
the pharmacy code (K.S.A. Chapter 65) to the Kansas Criminal Code (K.S.A.
Chapter 21). The bill does not make any
substantive changes to the drug laws, but combines some statutes and reorders
others into logical patterns, such as grouping them as to manufacturing,
distribution and possession. The bill
also contains a "uniformity" provision, that prohibits any city from
enacting or enforcing any ordinance in conflict with, in addition to, or
supplemental to the listed provisions.
The provisions listed are K.S.A. §21-2501a(c) (reporting requirements
regarding drug labs); K.S.A. §65-1643(k) and (l) (regarding sales in
pharmacies); K.S.A. §65- 4113(e),(f) and (g) (regarding compounds generally
used to make meth); and the provisions in the newly adopted laws dealing with
the requirement that bail for listed drug violations (manufacturing, possession
of meth precursors with intent to manufacture and advertise, market, label,
distribute or possess with the intent to distribute meth precursors) must be at
least $50,000 cash or surety unless the court determines on the record that the
defendant is not likely to reoffend, or the court imposes pretrial supervision,
or the defendant enters into a treatment program.
Forfeiture
This bill amends K.S.A. 2008 Supp. 60-4104 to add dog
fighting, unlawful possession of dog fighting paraphernalia, cockfighting,
unlawful possession of cockfighting paraphernalia, prostitution, promoting prostitution,
and patronizing a prostitute to the list crimes giving rise to forfeiture.
Juveniles
This bill creates a new act concerning the interstate
compact for juveniles. The bill provides
for a compact administrator and establishes the Kansas council for interstate
juvenile supervision. The bill took
effect on March 26, 2009.
This bill limits the court's jurisdiction over a child
in need of care to the child's 18th birthday or June 1 of the school year
during which the child turns 18 if the child is still in high school. The legislation also authorizes SRS to have
custody of a child 15 years or younger, a 16 or 17 year old child if the child
has no identifiable parental or family resources, or a 16 or 17 year old child
if the child shows signs of physical, mental, emotional, or sexual abuse.
Miscellaneous
This bill amends K.S.A. 20-2608 to allow judges to
stay working and not retire until the end of the term in which they turn 75
years of age.
This bill amends several statutes in an effort to
protect the victims of sex crimes, domestic violence or sexual assault from
having their information disclosed by the state when the release of such
information may jeopardize the health, safety or liberty of that person. Also establishes the burden of proof in
professional license disciplinary proceedings as clear and convincing evidence.
This bill amends the "good samaritan statute,
K.S.A. 65-6149a, to allow for immunity for any person, rather than any
"qualified person," who in good faith renders emergency care or
treatment by the use of or provision of an automated external defibrillator.
This bill establishes the Kansas Silver Alert Plan, a
program similar to Amber alerts for missing elderly persons. This bill took effect on April 2, 2009.
This bill extends the work of the 15-member task force
on racial profiling by extending the terms of the members to July 1, 2011.
This bill allows licensed private detectives to be
process servers.
Traffic and Vehicles
This bill amends K.S.A. 8-172 concerning license
plates on antique vehicles, and allows them to display a license plate
originally issued by a Kansas city or a reproduction of such city issued
license plate.
This bill changes several traffic laws. Among them are an amendment to K.S.A. 8-1522
that requires drivers to drive in the right-hand lane on highways with at least
two lanes headed the same direction unless actually passing a vehicle or for
other specific reasons. This provision
only applies to a highway located outside the corporate limits of any
city. The bill makes exceptions for
authorized emergency vehicles, law enforcement vehicles, Kansas turnpike
authority vehicles or department of transportation vehicles performing
construction or maintenance work.
Warning tickets are required from and after July 1, 2009, until July 1,
2010. The bill also amends K.S.A. 2008
Supp. 8-1911 to raise the fees for oversize and overweight vehicles permits.
This bill amends K.S.A. 2008 Supp. 8-2110 to allow the
Department of Revenue to issue a restricted driver's license for up to a year
in lieu of a suspended driver's license for a person who fails to comply with a
traffic summons.
A provision in this bill amends K.S.A. 8-126, 8-197
and 8-1402a to change the definitions of an all-terrain vehicle and implements
of husbandry (vehicles designed or adapted and used exclusively for
agricultural or feedlot operations). The
bill specifies that implements of husbandry are not a "nonhighway
vehicle," although they are usually exempt from registration
requirements. The bill also amends the
definition of an all-terrain vehicle, increasing the allowable size from 48 to
50 inches wide, the weight from 1000 to 1500 pounds, and the wheel rim diameter
from 12 to 14 inches. The bill
originally passed as SB 275. A
veto-session clean-up bill (SB
336) also adds the definition of a "golf cart" which
is "a motor vehicle that has not less than three wheels in contact with
the ground, an unladen weight of not more than 1,800 pounds, is designed to be
and is operated at not more than 25 miles per hour and is designed to carry not
more than four persons including the driver." HB 2152 prohibits operation of golf carts on
highways, but allows their use in cities if authorized by the city. SB 366 also increases the allowable length of a
micro utility truck from 144 to 160 inches.
This bill allows the director of vehicles to revoke,
suspend, cancel, or retrieve a license plate, or to refuse to issue or renew a
registration certificate to an intrastate motor carrier when notified by the
state corporation commission that the ability of an intrastate motor carrier to
operate has been terminated or denied by the state corporation commission. The bill allows the director of vehicles to
request the assistance of any law enforcement officer to enforce the director's
power, and creates a duty on law enforcement officers to aid when so requested.
This bill defines four new entities that must be
licensed under the vehicle dealers and manufacturers licensing act, including
"vehicle crushers," "vehicle recyclers,""scrap metal
recyclers," and "rebuilders."
This bill allows persons to display support Kansas
arts license plate on and after January 1, 2010.
This bill modifies the requirements for driving
permits and driver’s licenses for drivers younger than 17 years old and
increases the age to get a full license from 16 to 17. Summaries of these changes are:
• Instruction Permit. The bill requires that the adult who is accompanying the holder of an instruction permit be at least 21 years old, have a valid driver’s license and have one year of driving experience. (Current law does not list a specific age for the adult). The bill adds that an instruction permit can be suspended or revoked like any other driver’s license. The minimum age for application for an instruction permit remains 14.
• Farm Permit. A farm permit will be available from age 14 until age 17 (changed from age 16). The bill continues to allow farm permit holders to drive in connection with any farm work and to drive to and from school. The bill would allow permit holders who are 16 or older also to drive at any time from 5 a.m. to 9 p.m. and while going to or from authorized school activities.
• Restricted License. An applicant for a restricted license must have held an instruction permit for at least one year, instead of the current 6 months. If the applicant is younger than 16, the applicant must have completed driver’s education and show proof of 25 hours of adult supervised driving. During the succeeding year, the restricted driver must show an additional 25 hours of supervised driving. A 16-year old applicant must have completed at least 50 hours of adult supervised driving, with 10 of those hours at night. A 15- year-old applicant would continue to be subject to a requirement for 25 hours of adult-supervised driving. The bill would allow licensees who are 16 or older also to drive at any time from 5a.m. to 9 p.m. and while going to or from authorized school activities.
• Restrictions on nonsibling passengers. The bill continues to ban nonsibling minor passengers if the holder of the restricted license or farm permit is younger than 16. It would allow the holder of a farm permit or a restricted license who is at least 16 years old to have one passenger younger than 18 who is not a member of the permit holder’s or licensee’s immediate family.
• Restrictions on use of wireless devices. Those with instruction permits, farm permits, or restricted licenses are prohibited from operating wireless communication devices while driving except to report illegal activity or to summon emergency help. "Wireless communication device" is defined as "any wireless electronic communication device that provides for voice or data communication between two or more parties."
• Lifting of restrictions. The bill would lift restrictions such as limits on nonsibling passengers and time of day when driving would be allowed on holders of farm permits and have not violated any of the restrictions for at least six months. The permit or restricted license would continue to be considered a permit or restricted license for purposes of imposing penalties.
• Full licensure. Under the law, a first-time applicant would have to be at least 17 years old; current law allows full licensure at 16. The applicant for a full license who is younger than 18 must have completed at least 50 hours of supervised driving, with 10 of those hours at night, as in current law.
• Penalties. The bill makes several changes to penalties for violations of driving restrictions:
• The bill requires - rather than allows as in current law - suspension of a farm permit or restricted license for any violation of restrictions or if the holder has two or more accidents chargeable to the holder.
• A suspended restricted license or farm permit could not be reinstated for one year if two or more accidents are charged to the holder. Current law stipulates that it cannot be reinstated for one year or until the license holder reaches 16, whichever is longer.
• Under current law, the holder who is younger than 16 and convicted of two moving violations committed on separate occasions is not eligible to receive an unrestricted license until age 17. The new law provides that if the holder of a farm permit or restricted license is 16 and convicted of two or more moving violations committed on separate occasions, the holder may not receive a driver's license that is not restricted until age 18.
• The new law requires suspensions of driving privileges for those guilty of violating permit or license restrictions: 30 days for a first conviction, 90 days for a second conviction, and one year for a third or subsequent conviction.
• Effective date. The law becomes effective January 1, 2010.
• Continuation of current requirements. The law applies the conditions, limitations, and restrictions in place as of December 31, 2009, to those who hold any valid driver's license or permit as of January 1, 2010.
This bill requires that drivers of a vehicle which
obstructs the flow of traffic on any multilane or divided road or any highway
to move the vehicle from the roadway if it can be done safely and without
further damage to the vehicle or without endangering other vehicles or
persons. It also allows law enforcement
or KDOT employees to do the same. It
exempts accidents involving death or injury from this requirement, as well as
accidents involving hazardous materials.
State, county and municipal agencies and their employees and agents are
exempted from liability for said removal.
This bill defines and regulates the operation of golf
carts. It makes it unlawful to operate a
golf cart on any highway and on any public street within a city unless
authorized by the city, or on any street where the speed limit is greater than
30 mph. The golf cart can cross over
such streets or highways. Where
permitted, they can only be operated between the hours of sunrise and
sunset. The bill contains similar
restrictions for work-site utility vehicles.
Additionally, the bill amends K.S.A. 8-1103 which governs tow companies
handling for towed vehicles and their contents when towed at the direction of
law enforcement "or as provided by any city ordinance or county
resolution." Cities passing such an
ordinance must specify in the ordinance: (1) The maximum rate such wrecker or
towing service may charge for such wrecker or towing service and storage fees;
(2) that an owner of a vehicle towed shall have access to personal property in
such vehicle for 48 hours after such vehicle has been towed and such personal
property shall be released to the owner; and (3) that the wrecker or towing
service shall report the location of such vehicle to local law enforcement
within two hours of such tow.
This bill establishes a dealer-hauler full-privilege
trailer license plate for trailer dealers and manufacturers. This basically mirrors the requirements for a
regular full-privilege dealer plate.
Weapons
This bill amends several statutes dealing with
criminal use of weapons and carrying concealed weapons, K.S.A. 21-4217 and
21-4218 and K.S.A. 2008 Supp. 21-4201, 75-7c10 and 75-7c11. The amendment to K.S.A. 2008 Supp. 21-4201 exempts
certain prosecutors (U.S. Attorneys, Attorney Generals, County and District
Attorneys and their assistants) from the criminal use of weapons statute. The amendment to K.S.A. 21-4217 exempts those
prosecutors from the criminal discharge of weapons statute provided the
discharge occurs while they are actually engaged in the duties of their
employment or any activities incidental to such duties. The amendment to K.S.A. 21-4218 and K.S.A.
75-7c10 exempts those prosecutors from carrying weapons in courthouses, but the
exemption can be overridden by the chief judge of the judicial district or by
county voters by resolution. The bill
requires prosecutors to obtain, at their own expense, a concealed carry license
and to complete the required concealed carry training.
This bill amends the concealed carry law to provide for distinctive IDs for military personnel that have a concealed carry permit. The bill also prohibits issuance of a permit to persons that have attempted to commit suicide in the five years immediately preceding their application and those adjudicated as a mental defective or committed to a mental institution. The bill also contains helpful definitions of what it means to be adjudicated as a mental defective or committed to a mental institution.