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 8  AN ACT concerning criminal procedure; relating to search without search
 9    warrant; amending K.S.A. 22-2501 and repealing the existing section.
10
11  Be it enacted by the Legislature of the State of Kansas:
12    Section 1.  K.S.A. 22-2501 is hereby amended to read as follows: 22-
13  2501.(a) When a lawful arrest of a person other than a person who is an
14  occupant of a motor vehicle as defined by K.S.A. 8-1437 and amendments
15  thereto is effected, a law enforcement officer may reasonably search the
16  person arrested and the area within such person's immediate presence
17  for the purpose of:
18    (a) (1)  Protecting the officer from attack;
19    (b) (2)  preventing the person from escaping; or
20    (c) (3)  discovering the fruits, instrumentalities, or evidence of the
21  crime.
22    (b)  When a lawful arrest of a person who is an occupant of a motor
23  vehicle as defined by K.S.A. 8-1437 and amendments thereto is effected,
24  a law enforcement officer may reasonably search the person arrested and
25  the area within such person's immediate presence for the purpose of:
26    (1)  Protecting the officer from attack;
27    (2)  preventing the person from escaping; or
28    (3)  discovering the fruits, instrumentalities or evidence of any crime.
29    Sec. 2.  K.S.A. 22-2501 is hereby repealed.
30    Sec. 3.  This act shall take effect and be in force from and after its
31  publication in the statute book.