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Legislative Committee Chair
Chief Darrell Atteberry, Bel Aire PD datteberry@belaireks.gov Your Legislative Liaison Ed Klumpp, Chief of Police-Retired, Topeka PD eklumpp@cox.net |
More Law Enforcement information is available at: KsLawEnforcementInfo.com
COVID-19 Information for Law Enforcement Federal Law Enforcement Related Legislation |
2021 Session Information
End of Session Legislative Reports
The following reports summarize the legislation from the 2021 Session becoming law. The further down the list, the more comprehensive the information.
What Line Officers Need to Know
What Administrators Need to Know
Summary of Most Important Law Enforcement Related Legislation
Includes table of changes to laws on felons in possession of firearms
Summary of all Legislation Impacting Law Enforcement
The following reports summarize the legislation from the 2021 Session becoming law. The further down the list, the more comprehensive the information.
What Line Officers Need to Know
What Administrators Need to Know
Summary of Most Important Law Enforcement Related Legislation
Includes table of changes to laws on felons in possession of firearms
Summary of all Legislation Impacting Law Enforcement
NEW LAW EFFECTIVE JUNE 3, 2021
A new requirement for Child Abuse/Neglect investigations passed by the 2021 Legislature went into effect on June 3 when HB2158 was published in the Kansas Register.
Child Abuse or Neglect Investigations
When law enforcement is investigating a report of child abuse or neglect a member of the agency, or their designee, is required to visually observe the victim and to document the observation in their report. If the investigation is a joint law enforcement and DCF investigation, both agencies are required to visually observe the child.
HB2158 (2021 SL Ch 111) §3 Pages 5-6. Amending KSA 38-2226. Bill Summary. Effective 6/3/21.
The new requirement is for law enforcement to visually observe the alleged victim and to document that observation in our report. It does allow for a “designee” to make that observation if there are reasons we can’t get an officer in contact with the victim, such as being out of the jurisdiction or being in a medical facility you can’t access. You can “designate” another law enforcement agency to make the observation, or in some situations the designee could be medical staff. It is not limited to those two types of designees and would allow for the designee to be another reliable person. While the statute is not specific, the intent should be clear that the designee needs to be someone you can trust is not biased toward the child or potential suspect and to assure the level of injury, if any, to the child and for the safety of the child. That probably means a relative of the child is not the best option. It should also be clear the intent is not to designate DCF and for the DCF to not designate law enforcement. If both are involved in the investigation, the statute states both must make the observation. This is probably something we have been doing on most of those cases already, but the requirement is it has to take place and be documented in our reports in every case.
The question has came up about cases where attempts are made by not successful to observe the child. For example, the parent of guardian doesn’t allow it, or the parent or guardian won’t answer the door, etc. Legal guidance should be sought on how to proceed in those cases, but the new law does not change existing constitutional protections of the victim or the victims family. But clearly any such attempts and why they weren’t successful should be documented.
The bill also creates a legislative child welfare oversight committee to attempt to address the problems in the system.
A new requirement for Child Abuse/Neglect investigations passed by the 2021 Legislature went into effect on June 3 when HB2158 was published in the Kansas Register.
Child Abuse or Neglect Investigations
When law enforcement is investigating a report of child abuse or neglect a member of the agency, or their designee, is required to visually observe the victim and to document the observation in their report. If the investigation is a joint law enforcement and DCF investigation, both agencies are required to visually observe the child.
HB2158 (2021 SL Ch 111) §3 Pages 5-6. Amending KSA 38-2226. Bill Summary. Effective 6/3/21.
The new requirement is for law enforcement to visually observe the alleged victim and to document that observation in our report. It does allow for a “designee” to make that observation if there are reasons we can’t get an officer in contact with the victim, such as being out of the jurisdiction or being in a medical facility you can’t access. You can “designate” another law enforcement agency to make the observation, or in some situations the designee could be medical staff. It is not limited to those two types of designees and would allow for the designee to be another reliable person. While the statute is not specific, the intent should be clear that the designee needs to be someone you can trust is not biased toward the child or potential suspect and to assure the level of injury, if any, to the child and for the safety of the child. That probably means a relative of the child is not the best option. It should also be clear the intent is not to designate DCF and for the DCF to not designate law enforcement. If both are involved in the investigation, the statute states both must make the observation. This is probably something we have been doing on most of those cases already, but the requirement is it has to take place and be documented in our reports in every case.
The question has came up about cases where attempts are made by not successful to observe the child. For example, the parent of guardian doesn’t allow it, or the parent or guardian won’t answer the door, etc. Legal guidance should be sought on how to proceed in those cases, but the new law does not change existing constitutional protections of the victim or the victims family. But clearly any such attempts and why they weren’t successful should be documented.
The bill also creates a legislative child welfare oversight committee to attempt to address the problems in the system.
Updated documents
Status of Key Law Enforcement Topics
Bill Status by Topic (Active LE Related Bills)
Bill Status by Topic (Inactive LE Related Bills)
List of law enforcement related bills from 2021 Session
Status of Key Law Enforcement Topics
Bill Status by Topic (Active LE Related Bills)
Bill Status by Topic (Inactive LE Related Bills)
List of law enforcement related bills from 2021 Session
Week 14 (May 7, 2021) Kansas Legislative Update
This week was the last full week of the regular session typically used to override vetoes by the Governor and complete conference committee work. It also includes completing the budget and tax bills. They finished their work about 2:15 AM Saturday and will return for the final day on May 26.
The big item is the House passing House substitute for SB158, the medical marijuana bill 79-42. The bill now goes to the Senate where it was declared “substantially changed” which means it will now go to the Senate Federal and State Affairs Committee for a hearing before being considered further by the Senate.
The following bills were signed by the Governor since my last report:
New Bills Introduced this week:
Don’t miss other law enforcement information and news posted at www.KsLawEnforcementInfo.com
This week was the last full week of the regular session typically used to override vetoes by the Governor and complete conference committee work. It also includes completing the budget and tax bills. They finished their work about 2:15 AM Saturday and will return for the final day on May 26.
The big item is the House passing House substitute for SB158, the medical marijuana bill 79-42. The bill now goes to the Senate where it was declared “substantially changed” which means it will now go to the Senate Federal and State Affairs Committee for a hearing before being considered further by the Senate.
The following bills were signed by the Governor since my last report:
- HB2208 with several mental health system advancements in communities.
- HB2405 authorizing issuance of $500M in bonds to be placed in the KPERS funds for past missed payments by the state.
- HB2196 authorizing local law enforcement agencies the option of assisting unemployed persons who have been victims of identity theft by verifying their identity when filing for benefits.
- HB2390 on fraudulent liens.
- HB2078 and HB2227 dealing with speedy trial issues.
- HB2244 on Hemp, creating disposal processes and clarifying hemp products cannot contain more than 0.3% THC.
- HB2071 increasing penalties for stalking a minor.
- SB158 on concealed carry reciprocity; allowing provisional permits for person ages 18 through 20; and creating a firearms rights restoration process for convicted felons.
- Our auto theft/attempt to elude bill. (SB60)
- Our court ordered infectious disease bill. (HB2224)
- Our amendments to allow additional sharing of information with prosecutors and law enforcement by the child death review board. (HB2158)
- Allowing certain exceptions to limitations on persons in a foster home with prior felonies if the felonies were juvenile adjudications and the adjudicated person has been a resident in the home upon turning age 18. (HB2158) We supported this version after our opposition killed an earlier very broad provision to allow felons to reside in foster homes.
- Amendments to the bill (not all of the amendments we wanted but improved the practicality of application) requiring observation of child abuse or neglect victims during investigations. (HB2158)
- Drug treatment options for those under diversion agreements. (HB2026)
- Removing the spousal exception for sexual battery. (SB60)
- A new crime for sexual extortion. (SB60)
- Closed Case Task Force extension and staff assistance. (HB2077)
- Victim assistance and compensation expansion. (HB2077)
- Kansas Fights Addiction Act. (HB2079)
- Funding for Kansas Prescription Monitoring System. (HB2079)
- Child Welfare oversight committee created. (HB2158)
- Alcohol law amendments. (HB2137) Many amendments, most of little interest to law enforcement. Those of interest: Removing prohibition of a spouse of a LEO to hold a liquor license; allow clubs and drinking establishments to sell beer and CMB for off-premise consumption; allows class A clubs to serve alcohol at special events with permit; allows liquor stores to open as early as 9 AM on Sundays; clubs and drinking establishments may now sell and sever CMB; made the ability to serve alcohol a permanent allowed act.
New Bills Introduced this week:
- SB314 - Reconciling conflicting amendments to certain statutes.
- SB315 - Creating the Kansas medical marijuana regulation act to regulate the production, distribution, sale and possession of medical marijuana.
Don’t miss other law enforcement information and news posted at www.KsLawEnforcementInfo.com
Marijuana Bill Passes Kansas House
SB158, the bill to legalize medical marijuana, passed the House yesterday 79-42. It will now go to the Senate where it is unlikely to get any action this year. The Senate leadership has publicly stated they will not take it up. Let’s hope they stick to that, because the only thing they could do this year in the time left is to simply concur with the House amendments, and there are still things that would need to be fixed in this bill if it is to become law.
A summary of the bill as passed by the House is at:
http://www.kslegislature.org/li/b2021_22/measures/documents/supp_note_sb158_04_0000.pdf
The bill as revised on the floor yesterday is now at:
http://www.kslegislature.org/li/b2021_22/measures/documents/sb158_04_0000.pdf
SB158, the bill to legalize medical marijuana, passed the House yesterday 79-42. It will now go to the Senate where it is unlikely to get any action this year. The Senate leadership has publicly stated they will not take it up. Let’s hope they stick to that, because the only thing they could do this year in the time left is to simply concur with the House amendments, and there are still things that would need to be fixed in this bill if it is to become law.
A summary of the bill as passed by the House is at:
http://www.kslegislature.org/li/b2021_22/measures/documents/supp_note_sb158_04_0000.pdf
The bill as revised on the floor yesterday is now at:
http://www.kslegislature.org/li/b2021_22/measures/documents/sb158_04_0000.pdf
New Law Effective May 6, 2021
Senate Bill 127, concerning drivers’ licenses became effective on May 6 when published in the Kansas Register. A summary of the bill is available at this link.
The most relevant provisions in this bill for law enforcement is the extended renewal period for driver’s licenses and ID cards. The bill states a licensee whose driver’s license or nondriver’s identification card expired after March 12, 2020, and before March 31, 2021, has until June 30, 2021, to renew such license or identification card.
NOTE: There are no current COVID related extensions on license plate renewals.
Another provision changes some aspects of driver’s license suspensions for fail to pay fine or fail to appear.
Senate Bill 127, concerning drivers’ licenses became effective on May 6 when published in the Kansas Register. A summary of the bill is available at this link.
The most relevant provisions in this bill for law enforcement is the extended renewal period for driver’s licenses and ID cards. The bill states a licensee whose driver’s license or nondriver’s identification card expired after March 12, 2020, and before March 31, 2021, has until June 30, 2021, to renew such license or identification card.
NOTE: There are no current COVID related extensions on license plate renewals.
Another provision changes some aspects of driver’s license suspensions for fail to pay fine or fail to appear.
- Prior law included a requirement to extend the suspension for 90 days if the person was convicted of driving while suspended during the suspension period. This is removed only for suspensions if the person’s license was suspended for failure to comply with a traffic citation. It remains in effect for all other types of suspensions.
- A person under certain suspensions, including fail to comply with a traffic citation, may apply for restricted driving privileges.
- Concerning eligibility for restricted driving privileges for a person whose driver’s license expired while the license was suspended for failure to pay fines for traffic citations, the bill removes the requirement that the person has not previously received a stayed suspension as a result of a driving while suspended conviction.
- The bill removes a nonrefundable $25 fee that current law requires to be submitted to the Division by an applicant for restricted driving privileges in lieu of suspension of driving privileges for failure to comply with a traffic citation.
- The existing $100 reinstatement fee still applies.
- The bill allows a person assessed a fine or court costs for a traffic citation to petition the court to waive all or a portion of the costs. The bill authorizes the court to waive or modify payments upon determining that paying the amount due would impose manifest hardship on the person or their immediate family.
New Laws Effective April 29, 2021
Two new bills went into effect April 29 when they were published in the Kansas Register. One amends the current stalking statute, the second one amends the industrial hemp laws to bring them into compliance with the changing federal regulations and creates a process for law enforcement to be involved when illegal hemp that exceeds the 0.3% THC limit has to be destroyed.
House Bill 2071, concerning crimes, punishment and criminal procedure; relating to crimes against persons; increasing criminal penalties for stalking a minor
HB2071 adds a higher level of stalking penalty (SL 4 Person Felony) when a stalking victim is under the age of 14. It amends KSA 21-5427.
House Bill 2244, concerning industrial hemp; relating to the effective disposal thereof by the department of agriculture in coordination with state or local law enforcement; requiring industrial hemp processors to register with the state fire marshal; providing exemptions from regulations; allowing issuance of stop sale, use or removal orders
Provides for the Department of Agriculture to inform the local law enforcement agency of jurisdiction when a hemp crop tests higher than 0.3% THC and for law enforcement and the Department of Ag to work together on the proper course and verification of destruction. It does not require law enforcement to do the destruction work, and if the grower fails to destroy it and the Dept. of Ag and/or law enforcement has to destroy it, the grower is responsible for the costs. See section 1 of the bill, which will be a new statute.
Two new bills went into effect April 29 when they were published in the Kansas Register. One amends the current stalking statute, the second one amends the industrial hemp laws to bring them into compliance with the changing federal regulations and creates a process for law enforcement to be involved when illegal hemp that exceeds the 0.3% THC limit has to be destroyed.
House Bill 2071, concerning crimes, punishment and criminal procedure; relating to crimes against persons; increasing criminal penalties for stalking a minor
HB2071 adds a higher level of stalking penalty (SL 4 Person Felony) when a stalking victim is under the age of 14. It amends KSA 21-5427.
House Bill 2244, concerning industrial hemp; relating to the effective disposal thereof by the department of agriculture in coordination with state or local law enforcement; requiring industrial hemp processors to register with the state fire marshal; providing exemptions from regulations; allowing issuance of stop sale, use or removal orders
Provides for the Department of Agriculture to inform the local law enforcement agency of jurisdiction when a hemp crop tests higher than 0.3% THC and for law enforcement and the Department of Ag to work together on the proper course and verification of destruction. It does not require law enforcement to do the destruction work, and if the grower fails to destroy it and the Dept. of Ag and/or law enforcement has to destroy it, the grower is responsible for the costs. See section 1 of the bill, which will be a new statute.
2020 Session Information
Final 2020 Reports
Latest Summary Report
What Every Administrator Needs to Know About the 2020 Passed Legislation
What Every Officer Needs to Know About the 2020 Passed Legislation
List of Law Enforcement Related Bills Introduced in 2020
What Every Administrator Needs to Know About the 2020 Passed Legislation
What Every Officer Needs to Know About the 2020 Passed Legislation
List of Law Enforcement Related Bills Introduced in 2020
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