The Kansas legislature had a busy year passing numerous new laws that go into effect July 1. Here are a few of them you should be aware of.
Swatting Bill – In response to at least two serious swatting incidents in Kansas this year, the legislature passed HB 2581 clarifying the crime as making an unlawful request for emergency service assistance and increasing the penalty for the person who made the call to a level 1 felony, which is the most serious, if a death results from the response by emergency services.
Swatters pretend to be someone else and call 911 faking a dangerous emergency in an effort to draw a large police presence to that address. Swatting is usually done within the online gaming community as a prank. Wichita police shot and killed Andrew Finch on his doorstep in December by mistake as a result of a swatting call that came from California.
Overland Park Police dealt with their own swatting incident in January, where an unknown person made up a story he’d shot his wife and would shoot police, saying he was at a home on West 131st Street. The family that actually lives at the house was clueless and had nothing to do with it. At least 17 officers worked the call that cost the department 46 hours of overtime.
Hot Car Rescues – HB 2516 creates law providing immunity from civil liability for damage to a motor vehicle for a person who enters the vehicle, by force or otherwise, to remove a vulnerable person or domestic animal.
In order to be covered by the law, the good Samaritan must believe the child or pet is in imminent danger, and they have to first call authorities before breaking into the vehicle. They then need to remain on scene with the victim until emergency responders arrive.
Kansas joins at least 18 states — including Missouri — in giving rescuers legal immunity when they believe a person or a pet is in imminent danger. Two additional states have laws protecting pets only.
Civil Asset Forfeiture – In our May 24 cover story “The Police Can Take Your Stuff,” we reported on what many of our readers found surprising, the right of law enforcement agencies to take your personal property without even convicting you of a crime. It’s a process called civil asset forfeiture and a law enforcement official only has to believe is that there’s about a 50-50 chance you used your property while committing a crime.
Catch this: In Kansas, a law enforcement officer can seize your property, without arresting you, charging you or convicting you of a crime. If you don’t believe this, go back and read he entire article.
We’ve all seen it on the television crime shows, the drugs and/or money that disappears from the evidence room. Well it appears, there’s very little tracking of the assets seized and very little reporting of the amount and kinds of assets seized was being done.
This year, the Kansas legislature addressed that issue with the passage of House Bill 2459 which requires all law enforcement agencies across the state to report the date, location, and value of asset seizures, as well as whether or not criminal charges were filed in conjunction with the seizure. It will also make police departments open their books and show their forfeiture fund balances, deposits and expenditures.
The bill wasn’t the kind of asset forfeiture reforms Rep. Gail Finney (D – Wichita) had hoped for, but she supported the measure, seeing it as a small step forward. (Finney had hoped to make civil asset forfeiture applicable only if you’re convicted of a crime.) At least now, she says, the police know someone’s paying attention. Finney believes that data compiled from the reports will prove helpful.
“I want to be able to see a trend, the number of people affected by this in Kansas,” said Finney. “After that, then we can see if we can get some different legislation passed.”
Lottery Vending Machines – Kansas has finally legalized vending-machine sales of lottery tickets. Most of the 44 states with lotteries already allowed vending-machine sales, including neighboring Missouri. Kansas Lottery officials have pushed for several years to legalize the machines, even passing a similar bill in 2017 that was vetoed by then Gov. Sam Brownback.
Official estimated vending machines could increase the Kansas Lottery’s annual ticket sales by as much as $100 million. The lottery reported $258 million in sales during the state’s 2017 budget year, which ended June 30, and the state’s take was 29%, or $75 million.
The new law says that up to $4 million of the state’s profits from the vending machines must got to community mental health services during the state budget year beginning in July and up to $8 million each year after that.
Compensation for Wrongfully Convicted – HB 2579 provides compensation for those wrongly convicted of crimes. A claimant entitled to damages would receive $65,000 for each year of imprisonment, as well as not less than $25,000 for each additional year served on parole or post-release supervision or each additional year the claimant was required to register as an offender under the Kansas Offender Registration Act, whichever is greater.
The payout the first year is either $100,000 or 25%, whichever is larger, with the rest coming in $80,000 annual payments until the total is reached.
Missing Children Open Records – H Sub for SB 336 moves the state towards transparency in two areas. One part of the legislation requires the Kansas Department for Children and Families to release information after a child dies of abuse or neglect. The second part of the bill deals with police body camera footage.
Police Body Cameras – H Sub for SB 336 allows family members to see police body camera footage within 20 days after a request is made. The bill also adds an attorney for an heir to the list of persons who may request to view a law enforcement recording. It also allows an heir to include an administrator; the spouse, a living adult child; or, if there is no living spouse or adult child, a living parent of a decedent.
Industrial Hemp – SB 263 enacts the Alternative Crop Research Act, which allows the Kansas Department of Agriculture and a state institution of higher education to grow and cultivate industrial hemp and promote the research and development of it. Hemp, a former of Cannabis, is closely related to the marijuana plant but does not contain the high level of the psychoactive component Tetrahydrocannabinol (THC) contained in marijuana and is responsible for making people high. Hemp is one of the fastest growing plants and was one of the first plants to be spun into usable fiber 10,000 years ago. It can be refined into a variety of commercial items including paper, textiles, clothing, biodegradable plastics, paint, insulation, biofuel, food, and animal feed.
Gun Prohibition – HB 2145 prohibits possession of a firearm by individuals who are fugitives from justice; illegally or unlawfully in the United States; convicted of a misdemeanor for a domestic violence offense within the past five years; or are subject to court orders restraining them from harassing, stalking, or threatening an intimate partner, child, or child of an intimate partner.
Elections – HB 2539 makes several amendments to Kansas election laws, most noticeably among them is a change in the state law requiring candidates for governor, lt. governor and other statewide offices to be at least 18 years old. The law also requires the governor and lieutenant to be Kansas residents for four years before running for office. Another amendment allows an individual with a disability that prevents them from aligning election forms to allow another person to sign for them.