All things considered, the 1999 legislature did not make very many statutory changes affecting law enforcement. The things they did change are summarized below. Unless otherwise indicated, all new laws take effect July 1, 1999. 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.

Senate Bill 3

    Section 11 of this bill amends K.S.A. 1998 Supp. 40-3104 to increase the penalties for driving without insurance. The minimum fine for a first offense increases from $200 to $300, and a second conviction within three years carries a minimum fine of $800. These provisions become effective January 1, 2000.

House Substitute for Senate Bill 6

Senate Bill 15

Senate Bill 38

    New section 3 of this bill amends K.S.A. 1998 Supp. 72-89a01, which prohibits students from possessing certain weapons at school. The bill adds bludgeons, sandclubs, metal knuckles, throwing stars and switch-blade knives to the list of prohibited items, and deletes the exception for rifles which the owner intends to use solely for sporting, recreational, or cultural purposes.

Senate Bill 51

    Sections 18 and 19 of the bill [as further amended by Senate Bill 363] amend K.S.A. 1998 Supp. 8-1014 and K.S.A. 1998 Supp. 8-1567a to require suspension of the license of an under 21 year old driver who fails an alcohol test or has a DUI conviction for one year, or during the term of any DUI diversion, rather than the prior suspension period of 30 days (first failure) or 60 days (second or subsequent failure). Senate Bill 363 also amends K.S.A. 1998 Supp. 8-1001 to change the oral and written notices law enforcement officers use when requesting an alcohol test. The new language states that if the person is less than 21 years of age at the time of the test request and submits to and completes the tests and the test results show an alcohol concentration of .08 or greater, the person's driving privileges will be suspended up to one year;

Senate Bill 91

Senate Bill 149

    Section 2 of the bill amends K.S.A. 1998 Supp. 8-287 to decrease the penalty for driving while a habitual offender from a severity level 9, nonperson felony to a class A nonperson misdemeanor. [Note: The changes in section one and two means that the city may begin prosecuting these offenses in municipal court, but driving while habitual is not currently prohibited by city ordinance and will only become a city offense after adoption of the next version of the Standard Traffic Ordinance].

    Section 4 amends K.S.A. 1998 Supp. 21-3204 to remove the intent requirement for DUI or operating under the influence while under 21 years of age. Violation of K.S.A. 8-1567 or 8-1567a are added to the list of strict liability crimes.

    Section 5 of the bill amends K.S.A. 1998 Supp. 21-3402 to make intentional murder in the second degree a severity level 1, person felony rather than an off-grid offense.

    Section 6 amends K.S.A. 1998 Supp. 21-3413 to increase the penalty for battery against certain law enforcement officers. The crime is a severity level 5, person felony if committed against state correctional officer or their contractors by an inmate, a juvenile correctional officer or their contractors by a person confined in such juvenile correctional facility, a juvenile detention facility officer or employee or their contractors by a person confined in such juvenile detention facility, or a city or county correctional officer or employee or their contractors by a person confined in a city holding facility or county jail facility. Unfortunately, battery against a uniformed or properly identified state, county or city law enforcement officer remains a class A person misdemeanor.

    Section 7 amends K.S.A. 21-3435 to increase the penalties for the crime of exposing someone to a life threatening communicable disease from a class A person misdemeanor to a severity level 7, person felony.
Section 8 amends K.S.A. 21-3520 to add lewd fondling or touching to the list of prohibited acts constituting the offense of unlawful sexual relations and increases the scope of the crime to cover situations where the offender is a law enforcement officer, an employee of a jail, an employee of a juvenile detention facility or sanctions house, employee of the juvenile justice authority, or their contractors and the other person involved is 16 years of age or older and is confined by lawful custody to such jail or facility.

    Section 9 unfortunately decreases the penalty for joyriding. The section amends K.S.A. 21-3705 to make criminal deprivation of a car a class A nonperson misdemeanor rather than a felony.

    Sections 10 and 12 make technical amendments to the criminal use of explosives statute, K.S.A. 21-3731, and criminal use of weapons statute, K.S.A. 21-4201. The net effect of these changes is to reclassify possession, manufacture or transportation of any completed explosive devices commonly known as pipe bombs or Molotov cocktails from criminal use of weapons to criminal use of explosives.

    Section 13 amends the authorized dispositions statute, K.S.A. 1998 Supp. 21-4603d, to allow a judge to impose a new, consecutive prison sentence when the offender commits a new felony while on release for a felony, even when the new crime of conviction otherwise presumes a nonprison sentence. Imposing such a sentence for the new crime does not constitute a departure from the sentencing guidelines.

    Sections 15 and 16 amend K.S.A. 21-4635 K.S.A. 21-3648 to increase the "hard 40" sentence to a "hard 50" for capital murders not resulting in the death penalty or first degree premeditated murders committed after July 1, 1999. The bill also adjusts the sentences for felony murder and treason. The length of the life sentence for crimes of felony murder and treason are increased from 15 to 20 years before parole eligibility.
Section 17 amends the non-drug-sentencing grid in K.S.A. 1998 Supp. 21-4704. Basically, the bill reduces sentences for severity level I and II crimes by 20%, and increases by 20% the sentences for severity level III crimes. Severity level III crimes include kidnapping, aggravated robbery, voluntary manslaughter, and aggravated indecent liberties with a child. The bill also creates a new presumptive prison sentence for a conviction of the crime of residential burglary, when the offender has a prior conviction for either a residential burglary or a nonresidential burglary.

    Section 30 amends K.S.A. 22-4903 to increase the penalty for failing to register as required by the Kansas Offender Registration Act from a class A nonperson misdemeanor to a severity level 10, nonperson felony.
Finally, New Section 38 of the bill (the Romeo and Juliet law) creates the crime of unlawful voluntary sexual relations, which is engaging in voluntary: (1) Sexual intercourse; (2) sodomy; or (3) lewd fondling or touching with a child who is 14 years of age but less than 16 years of age and the offender is less than 19 years of age and less than four years of age older than the child and the child and the offender are the only parties involved and are members of the opposite sex. The penalty depends on how the act is committed. Unlawful voluntary sexual relations committed by sexual intercourse is a severity level 8, person felony. Unlawful voluntary sexual relations committed by sodomy is a severity level 9, person felony. Unlawful voluntary sexual relations committed by lewd fondling or touching is a severity level 10, person felony.

Senate Bill 161

Substitute for Senate Bill 270

House Bill 2035

House Bill 2092

House Bill 2105

    This bill amends K.S.A. 40-1112a to increase, from two years to three years, the price break given on insurance rates to those completing a motor vehicle accident prevention course approved by the national safety council or a governmental agency such as the state board of education.

House Bill 2135

    This bill amends K.S.A. 1998 Supp. 75-5222 to require the secretary of corrections to issue an arrest warrant when an inmate escapes from a correctional institution or the custody of the secretary. The bill also adds language stating that law enforcement officers shall execute warrants for the apprehension of escaped inmates in the same manner as any arrest warrant and shall deliver the inmate named in the warrant to the jail used by the county where the inmate is apprehended unless some other place is designated by the secretary.

House Bill 2136

    This bill amends K.S.A. 75-6108, part of the Kansas Tort Claims Act, to require governmental entities to provide, upon request of an employee, legal counsel to such employee when such employee is summoned to appear before any grand jury or inquisition on account of an act or omission in the scope of such employee's employment as an employee of the governmental entity, except the governmental entity is not required to provide the defense or representation to any employee in a criminal or civil service proceeding.

House Bill 2137

    This bill amends K.S.A. 1998 Supp. 75-5217 to extend the secretary of corrections powers to issue a parole or postrelease violator warrant to those on probation granted by another state or an individual supervised under any interstate compact in accordance with the provisions of the uniform act for out-of-state parolee supervision, K.S.A. 22-4101 et seq.

House Bill 2155

    This bill amends K.S.A. 22-3008, 22-3102 and 22-3415 dealing with immunity for testimony in grand jury proceedings, inquisitions and other criminal proceedings. New language allows the prosecutor, as well as the judge, to offer a witness immunity except for perjury committed in giving such evidence. The bill recognizes two types of immunity, transactional and use or derivative use immunity. Any person granted transactional immunity shall not be prosecuted for any crime which has been committed for which such immunity is granted or for any other transactions arising out of the same incident. Persons granted use and derivative use immunity may be prosecuted for any crime, but the state shall not use any testimony against such person provided under a grant of such immunity or any evidence derived from such testimony. Any person granted immunity may not refuse to testify on grounds that such testimony may self incriminate unless such testimony may form the basis for a violation of federal law for which immunity under federal law has not been conferred. However, no person shall be compelled to testify in any proceeding where the person is a defendant.

House Bill 2352

    Section 7 of this bill amends K.S.A. 22-3602 to allow the prosecution to appeal criminal cases in certain instances to the Kansas Court of Appeals. Previously, these appeals had to be heard by the Kansas Supreme Court.

House Bill 2440

    This bill is intended to set aside a Kansas Supreme Court decision finding that an axe murder was not committed in an "especially heinous, atrocious or cruel manner" because the first of several blows to the victim’s head killed him or her. This bill amends K.S.A. 21-4636 to tweak the definition of aggravating circumstances for capital murder. The bill redefines the aggravating factor for crimes committed in an "especially heinous, atrocious or cruel manner." In cases where there is a finding that the victim was aware of such victim's fate or had conscious pain and suffering as a result of the physical trauma that resulted in the victim's death it is not necessary to find that the manner in which the defendant killed the victim was especially heinous, atrocious or cruel. In determining whether this aggravator exists, the court shall consider any of the following factors, which "may be considered sufficient:" (1) Prior stalking of or criminal threats to the victim; (2) preparation or planning, indicating an intention that the killing was meant to be especially heinous, atrocious or cruel; (3) infliction of mental anguish or physical abuse before the victim's death; (4) torture of the victim; (5) continuous acts of violence begun before or continuing after the killing; (6) desecration of the victim's body in a manner indicating a particular depravity of mind, either during or following the killing; or (7) any other conduct in the opinion of the court that is especially heinous, atrocious or cruel.

Substitute for House Bill 2469

    Last, but certainly not least, this is the "meth" bill you may have heard about during the session. Section 1 amends the K.S.A. 1998 Supp. 21-4705 to substantially increase the penalties for a second or subsequent conviction of K.S.A. 65-4159 and amendments thereto, manufacture of any controlled substance or controlled substance analog. The sentence in such cases shall be a presumptive term of imprisonment of two times the maximum duration of the presumptive term of imprisonment provided by the drug grid. The court may impose an optional reduction in such sentence of not to exceed 50% of the mandatory increase provided by this subsection upon making a finding on the record that one or more of the mitigating factors as specified in K.S.A. 21-4716 and amendments thereto justify such a reduction in sentence. Any decision made by the court regarding the reduction in such sentence shall not be considered a departure and shall not be subject to appeal.

    Section 2 of the bill deals with that pesky problem of what to do with the volatile evidence seized from a meth lab. It amends K.S.A. 1998 Supp. 22-2512 to state that with the approval of the affected court, any law enforcement officer who seizes hazardous materials as evidence related to a criminal investigation may collect representative samples of such hazardous materials, and lawfully destroy or dispose of, or direct another person to lawfully destroy or dispose of the remaining quantity of such hazardous materials. Representative samples of hazardous materials accompanied by photographs, videotapes, laboratory analysis reports or other means used to verify and document the identity and quantity of the material shall be deemed competent evidence of such hazardous materials and shall be admissible in any proceeding, hearing or trial as if such materials had been introduced as evidence. "Hazardous materials'' means any substance which is capable of posing an unreasonable risk to health, safety and property and shall include any substance which by its nature is explosive, flammable, corrosive, poisonous, radioactive, a biological hazard or a material which may cause spontaneous combustion. It shall include, but not be limited to, substances listed in the table of hazardous materials contained in the code of federal regulations title 49 and national fire protection association's fire protection guide on hazardous materials. However, ammunition and components thereof do not fall under this hazardous materials exception to normal evidence handling procedures.

    Section 4 of the bill amends K.S.A. 1998 Supp. 65-4152 to prohibit the possession with intent to use anhydrous ammonia for the illegal production of a controlled substance in a container not approved for that chemical by the Kansas Department of Agriculture. Violation of this provision is a drug severity level 4 felony.

    New Section 5 of the bill deals with "booby-trapped" labs and creates the new crime of unlawful endangerment. The crime is defined as: (1) While engaged in or as a part of the production of a controlled substance, protecting or attempting to protect the production of a controlled substance by creating, setting up, building, erecting or using any device or weapon which causes or is intended to cause damage or injury to another person; (a severity level 8, nonperson felony), or (2) while engaged in or as a part of the production of a controlled substance, protecting or attempting to protect the production of a controlled substance by creating, setting up, building, erecting or using any device or weapon which causes physical injury (a severity level 7, person felony); or (3) while engaged in or as a part of the production of a controlled substance, protecting or attempting to protect the production of a controlled substance by creating, setting up, building, erecting or using any device or weapon which cause serious physical injury. (A severity level 5, person felony).

    New Section 6 of the bill allows for creation of multi jurisdictional law enforcement groups for counties bordering another state for the enforcement of drug and controlled substances laws. The sheriff of the Kansas county can enter into agreements with political subdivisions in such other state's contiguous county to form the groups. While working with the multi jurisdictional enforcement group, the other state's law enforcement officers may be deputized as officers of the counties of this state and have the same powers and immunities as a Kansas law enforcement officer, and are deemed to have met all requirements of law enforcement training and certification required under K.S.A. 74- 5601 et seq. and amendments thereto if such officers have satisfied the applicable law enforcement officer training and certification standards in force in such other state.

    Sections 7 through 21 of the bill create the new "Kansas chemical control act" which has as its purpose to prevent the illegal diversion of precursor chemicals by creating a system which will provide information regarding the distribution of regulated chemicals while protecting legitimate uses. The primary provisions of this act prohibit the possession, sell, distribution, advertising or labeling of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers or products containing these items with intent or knowledge to use the product as a precursor to any illegal substance. Violation of this section is a drug severity level 1 felony. Section 13 creates reporting requirements on regulated chemical distributor and retailers (with certain exceptions), which requires them to report to the KBI any regulated transaction involving an extraordinary quantity of a regulated chemical, an uncommon method of payment or delivery, or any other circumstance that may indicate that the regulated chemical will be used in violation of this act, any proposed regulated transaction with a person whose description or other identifying characteristic the bureau has previously furnished to the regulated chemical distributor or retailer, or any unusual or excessive loss or disappearance of a regulated chemical under the control of the regulated chemical distributor or retailer. The regulated person responsible for reporting a loss in-transit is the distributor. Section 17 of the bill creates a "mini-superfund " provision which requires anyone who violates the act shall be liable for detection and investigation costs, the costs of the actual cleanup or attempted cleanup and for damages for injury to, or both, or destruction of any natural resources caused by chemicals at the site.