THIS DOCUMENT MAY NOT BE DUPLICATED WITHOUT THE PERMISSION OF THE CHIEF OF POLICE.

The following 1998 legislative changes will impact law enforcement officers. A brief summary of each bill is set forth. Some bills make other changes that may be of interest to law enforcement, but those changes may not be discussed in the following summaries. Please refer to the bill itself to answer specific questions. Unless otherwise indicated, all bills take effect on July 1, 1998.

SB 67

Amends the protection from abuse act, K.S.A. 60-3101 et seq., to include protection to those who have or has had a child in common with the abuser, changes the mental state required by the offender from wilful to intentional or reckless; allows the court to close the plaintiff's address and phone number to the public (with exceptions for court and law enforcement personnel), sets the expiration date of emergency orders at 5:00 o'clock p.m. on the first day when the court resumes court business; specify that temporary orders will not modify existing custody, residency or visitation orders unless there is sworn testimony at a hearing to support a showing of good cause; allows the court to grant an order restraining the party not granted possession of the residence or household from canceling utility service to the residence or household, which order shall expire 60 days following its date of issuance; to clarify which order controls when a custody, divorce, separate maintenance, or annulment action is filed and requires the judge to consider whether the actions should be consolidated.

SB 256

Amends the law enforcement agency jurisdiction statute, K.S.A. 22-2401a to state that university police officers may exercise their law enforcement powers within the city on university property to protect the health, safety and welfare of students and faculty with appropriate agreement by the local law enforcement agencies; specifies what the agreements must contain; requires the agreements to be approved by the governing body of the city or county and the chief executive officer of the university.

SB 298

Amends K.S.A. 1997 Supp. 38-1507 to state the limitation on disclosing reports and records of children in need of care shall not prevent disclosure of information to an educational institution or individual educators about a pupil specified in K.S.A. 72-89b03 who commits criminal acts; amends K.S.A. 38-1608 to state that law enforcement records concerning juvenile offenders may be disclosed to educational institutions and educators to enable them to provide the safest possible environment for pupils, employees and themselves.

SB 449

Amends K.S.A. 21-3107 and 22-3414 to specifically define and allow for the conviction of a "lesser included crime."

SB482

Amends K.S.A. 12-4516 and 21-4619 create a process for the expungement of diversion, arrest and ordinance violation records.

SB 485

Amends K.S.A. 1997 Supp. 65-4111 to include two "date rape" drugs, Sibutramine and Butorphanol (including its optical isomers) to the list of controlled substances which cannot be possessed without a prescription. Also creates the crime of "unlawful administration of a substance" which prohibits intentional and knowing administration of certain (illegal) substances to another without consent to impair such other person's physical or mental ability to appraise or control their own conduct.

HB 2025

Extends protection to arson dogs owned or employed by a fire department or state fire Marshall, making it a class A misdemeanor to inflict harm, disability or death on such a dog; establishes a five-year statute of limitations for arson charges.

HB 2531

Enacts the "prevention of assisted suicide act'' and provides penalties for violation of the act. Depending on how the crime is committed, assisting suicide in violation of K.S.A. 21-3406 as amended is a severity level 3 person felony or a severity level 9 person felony. This bill also contains language restricting abortions and prohibits abortions if the fetus is 22 weeks of age and viable unless the physician finds "that an abortion is necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman." Unlawful abortions under this bill are punished as a class A nonperson misdemeanor for a first offense and as a severity level 10, nonperson felony for a second or subsequent offense. The bill also contains a prohibition on charging a women receiving an illegal abortion as a co-conspirator with the person who performs the abortion

HB 2548

Repeals several statutes relating to police departments and civil service commissions.

HB 2627

Amends several statutes relating to children; removes those convicted or sentenced as an adult from the definition of a juvenile offender; specifies the time limitations for jurisdiction of a juvenile offender; codifies the Kansas Supreme Court's opinion in the case of In the Matter of B.M.B., in which the court held: (1) a juvenile under 14 must be given an opportunity to consult with his or her parent, guardian or attorney as to whether he or she will waive his or her rights to an attorney and against self-incrimination, (2) Both the parent and juvenile shall be advised of the juvenile's right to an attorney and to remain silent, and (3) Absent such warning and consultation, a statement of confession cannot be used against the juvenile at a subsequent hearing or trial; specifies who must be consulted if a parent or guardian is the alleged victim or co-defendant of the juvenile; allows persons 18 or more who are arrested for offenses that occurred prior to their 18^th birthday to be detained in jail; provides that juveniles between 16 and 18 years old who have been prosecuted and convicted as an adult are not eligible for admission to a juvenile correction facility; requires district court to attempt to notify both parents, if known, of a temporary custody hearing pursuant to K.S.A. 38-1543.

HB 2635

Allows use of the state set-off program to collect municipal court debts.

HB 2726

Amends numerous statutes to increase fines for tobacco infractions; enacts harsher penalties for second and subsequent offenses; allows judges to require a parent or legal guardian to appear with a juvenile; requires those convicted of the statutes to complete a tobacco education program, and makes cigarette or tobacco citations mandatory rather than allowing arrest and immediate appearance before a judge.

HB 2739

Creates the crime of identity theft, the knowing and intentional obtaining, possessing, transferring, using or attempts thereof of another person's identification documents as defined by K.S.A. 21-3830, and amendments thereto. Identity theft is a class A person misdemeanor.

HB 2744

Amends the fleeing or eluding statute, K.S.A. 8-1568, to increase the severity level from a Class B nonperson misdemeanor to a Severity Level 9 Person Felony if the person fleeing or attempting to elude:

(1) Is being pursued by a police officer and engages in reckless driving; or

(2) Drives around a police roadblock; or

(3) Drives around tire-deflating device placed by a police officer; or

(4) is involved in an accident or causes damage to property; or

(5) commits five or more moving violations.

HB 2867

Amends K.S.A. 21-3508 to make lewd and lascivious behavior committed in the presence of a person under 16 years of age a severity level 9 person felony; amends K.S.A. 21-3516 to raise the age of a child from 16 to 18 for purposes of the defining sexual exploitation of a child; includes lewd exhibition of the female breasts in the definition of sexually explicit conduct; incorporates a severability clause into chapter 35 of the Kansas Statutes Annotated.

Please advise if you have any questions about these bills.

BY ORDER OF

__________________

CHIEF OF POLICE