Session of 2000
HOUSE BILL No. 2941
By Committee on Appropriations
2-9
9 AN ACT
concerning law enforcement officers; relating to training;
10 amending K.S.A. 1999
Supp. 74-5602, 74-5605 and 74-5609a and re-
11 pealing the existing
sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 74-5602 is hereby amended to read as
15 follows: 74-5602. As used in the Kansas law
enforcement training act:
16 (a) "Training
center" means the law enforcement training center
17 within the division of continuing education
of the university of Kansas,
18 created by K.S.A. 74-5603 and amendments
thereto.
19 (b) "Commission"
means the Kansas law enforcement training com-
20 mission, created by K.S.A. 74-5606 and
amendments thereto.
21 (c) "Dean" means
the dean of the division of continuing education
22 of the university of Kansas.
23 (d) "Director,"
as created in K.S.A. 74-5603 and amendments
24 thereto, means the director of police
training at the law enforcement
25 training center.
26 (e) "Police
officer" or "law enforcement officer" means, except as
27 provided herein, a full-time or
part-time salaried officer or employee of
28 the state, a county or a city, whose duties
include the prevention or de-
29 tection of crime and the enforcement of the
criminal or traffic laws of
30 this state or of any municipality thereof.
Such terms shall include, but not
31 be limited to, the sheriff, undersheriff
and full-time or part-time salaried
32 deputies in the sheriff's office in each
county; deputy sheriffs deputized
33 pursuant to K.S.A. 19-2858 and amendments
thereto; reserve deputy
34 sheriffs whether or not such deputy
receives a salary or other compen-
35 sation; conservation officers of the
Kansas department of wildlife and
36 parks; campus police officers at all state
educational institutions or a mu-
37 nicipal university; law enforcement agents
of the director of alcoholic
38 beverage control; law enforcement agents of
the Kansas lottery; law en-
39 forcement agents of the Kansas racing
commission; deputies and assis-
40 tants of the state fire marshal having law
enforcement authority; capitol
41 area security guards, existing under the
authority of K.S.A. 75-4503 and
42 amendments thereto. Such terms
shall also shall include railroad
police-
43 men appointed pursuant to K.S.A. 66-524 and
amendments thereto; and
2
1 school security officers designated
as school law enforcement officers pur-
2 suant to K.S.A. 72-8222 and
amendments thereto. Such terms shall not
3 include any elected official, other
than a sheriff, serving in the capacity
4 of a law enforcement or police
officer solely by virtue of such official's
5 elected position; any attorney-at-law
having responsibility for law enforce-
6 ment and discharging such
responsibility solely in the capacity of an at-
7 torney; any employee of the secretary
of corrections or the secretary of
8 social and rehabilitation services;
any deputy conservation officer of the
9 Kansas department of wildlife and
parks; or any employee of a city or
10 county who is employed solely to perform
correctional duties related to
11 jail inmates and the administration and
operation of a jail; or any full-time
12 or part-time salaried officer or employee
whose duties include the issu-
13 ance of a citation or notice to appear
provided such officer or employee
14 is not vested by law with the authority to
make an arrest for violation of
15 the laws of this state or any municipality
thereof, and is not authorized
16 to carry firearms when discharging the
duties of such person's office or
17 employment. Such term shall include any
officer appointed or elected on
18 a provisional basis.
19 (f) "Full-time"
means employment requiring at least 1,000 hours of
20 work per year.
21 (g) "Part-time"
means employment on a regular schedule or employ-
22 ment which requires a minimum number of
hours each payroll period,
23 but in any case requiring less than 1,000
hours of work per year.
24 (h) "Misdemeanor
crime of domestic violence" means a violation of
25 domestic battery as defined by subsection
(c)(4) of K.S.A. 21-3412 and
26 amendments thereto, or any other
misdemeanor under federal, municipal
27 or state law that has as an element the use
or attempted use of physical
28 force, or the threatened use of a deadly
weapon, committed by a current
29 or former spouse, parent, or guardian of
the victim, by a person with
30 whom the victim shares a child in common,
by a person who is cohabiting
31 with or has cohabited with the victim as a
spouse, parent or guardian, or
32 by a person similarly situated to a spouse,
parent or guardian of the victim.
33 (i) "Auxiliary
personnel" means members of organized nonsalaried
34 groups which operate as an adjunct to a
police or sheriff's department,
35 including reserve officers, posses and
search and rescue groups.
36 Sec.
2. K.S.A. 1999 Supp. 74-5605 is hereby amended to read as
37 follows: 74-5605. Every applicant for
admission to a course for police
38 officers or law enforcement officers
conducted by the training center shall
39 be an employee of a state, county or city
law enforcement agency, a
40 reserve deputy sheriff, a municipal
university police officer, a railroad
41 policeman appointed pursuant to K.S.A.
66-524, and amendments
42 thereto; an employee of the tribal law
enforcement agency of an Indian
43 nation that has entered into a tribal-state
gaming compact with this state;
3
1 or a school security officer
designated as a school law enforcement officer
2 pursuant to K.S.A. 72-8222, and
amendments thereto. Prior to admission
3 to a course conducted at the training
center or at a certified state or local
4 law enforcement agency, the applicant
shall furnish to the director a state-
5 ment from the applicant's appointing
authority or agency head certifying
6 the applicant's fulfillment of the
following requirements. The applicant:
7 (a) Is a
United States citizen;
8 (b) has
been fingerprinted and a search of local, state and national
9 fingerprint files has been made to
determine whether the applicant has
10 a criminal record;
11 (c) has not been
convicted, does not have an expunged conviction,
12 and on and after July 1, 1995, has not been
placed on diversion by any
13 state or the federal government for a crime
which is a felony or its equiv-
14 alent under the uniform code of military
justice;
15 (d) has not been
convicted, does not have an expunged conviction,
16 has not been placed on diversion by any
state or the federal government
17 for a misdemeanor crime of domestic
violence or its equivalent under the
18 uniform code of military justice, when such
misdemeanor crime of do-
19 mestic violence was committed on or after
the effective date of this act;
20 (e) is the holder
of a high-school diploma or furnishes evidence of
21 successful completion of an examination
indicating an equivalent
22 achievement;
23 (f) is of good
moral character;
24 (g) has completed
a psychological test approved by the commission;
25 (h) is free of
any physical or mental condition which might adversely
26 affect the applicant's performance of a
police officer's or law enforcement
27 officer's duties; and
28 (i) is at least
21 years of age.
29 Sec.
3. K.S.A. 1999 Supp. 74-5609a is hereby amended to read as
30 follows: 74-5609a. (a) The law enforcement
training center is authorized
31 to charge tuition for each railroad
policeman, each employee of a tribal
32 law enforcement agency and
each, reserve deputy sheriff and school law
33 enforcement officer enrolled in a course at
the training center. Such tu-
34 ition shall not exceed the training
center's average operating cost per
35 trainee. Tuition charges authorized by this
section shall cover the cost of
36 room, board and all necessary instructional
supplies and material for any
37 railroad policeman, employee of a tribal
law enforcement agency, reserve
38 deputy sheriff or school law
enforcement officer attending the law en-
39 forcement training center.
40 (b) Any city,
county or state agency which commences employment
41 of a police officer or law enforcement
officer within one year of the time
42 such police officer or law enforcement
officer has completed a course of
43 instruction at a state or local law
enforcement training school shall re-
4
1 imburse the city, county or state
agency which paid the tuition for training
2 such officer. This reimbursement
shall include the amount of the tuition
3 paid, the officer's salary and travel
expenses and any other expenses in-
4 curred which were incidental to
training such officer.
5 Sec. 4. K.S.A. 1999 Supp.
74-5602, 74-5605 and 74-5609a are hereby
6 repealed.
7 Sec. 5. This act
shall take effect and be in force from and after its
8 publication in the statute book.