HB 2159--Am. by SCW
=================================================================================
[As Amended by Senate Committee of the
Whole]
=================================================================================
[As Amended by House Committee of the
Whole]
=================================================================================
As Amended by House Committee
=================================================================================
Session of 1997
HOUSE BILL No. 2159
By Representatives Hayzlett, Aurand, Ballou, Compton, Donovan,
Faber, Farmer, Flower, Freeborn, Howell, Humerickhouse, Hutchins,
Jen- nison, Kejr, Landwehr, Lloyd, Mason, Mayans, Mollenkamp,
Morri- son, Myers, Neufeld, O'Connor, Packer, Powell,
Pugh, Ruff, Schwartz, Shore, Tanner and Weber
1-31
----------------------------------------------------------------------------
18 AN ACT enacting the personal and family protection act; providing for
19 licensure to carry certain concealed weapons; prohibiting certain acts
20 and prescribing penalties for violations; amending K.S.A. 1996 Supp.
21 21-4201 and repealing the existing section 12-4516, 21-4201 and 21-
22 4619 and repealing the existing sections.
23
24 Be it enacted by the Legislature of the State of Kansas:
25 New Section 1. Sections 1 through 16 17 shall be known and may
26 be cited as the personal and family protection act.
27 New Sec. 2. As used in the personal and family protection act:
28 (a) ``Bureau'' means the Kansas bureau of investigation.
29 (b) ``Weapon'' means handgun, pistol or revolver.
30 New Sec. 3. (a) The On and after January 1, 1998, the bureau
31 shall issue licenses to carry concealed weapons to persons qualified as
32 provided by this act. Such licenses shall be valid throughout the state for
33 a period of four years from the date of issuance.
34 (b) The license shall be in a form, prescribed by the bureau, that is
35 approximately the size of a Kansas driver's license and shall bear the
36 licensee's signature, name, address, date of birth and driver's license num-
37 ber or nondriver's identification card number.
38 (c) The licensee must carry the license, together with a valid Kansas
39 driver's license or Kansas nondriver's identification card, at all times in
40 which the licensee is in actual possession of a concealed weapon and must
41 display both the license and proper identification upon demand by a law
42 enforcement officer. Violation of the provisions of this subsection shall
43 constitute a class B nonperson misdemeanor.
HB 2159--Am. by SCW
2
1 New Sec. 4. (a) The On and after January 1, 1998, the bureau
2 shall issue a license pursuant to this act if the applicant:
3 (1) Is a resident of the county where application for licensure is made
4 and has been a resident of the state for six months or more immediately
5 preceding the filing of the application;
6 (2) is 21 years or more of age;
7 (3) does not suffer from a physical infirmity which prevents the safe
8 handling of a weapon;
9 (4) has never been convicted or placed on diversion, in this or any
10 other jurisdiction, of for an act that constitutes a felony under the laws
11 of this state or adjudicated, in this or any other jurisdiction, of committing
12 as a juvenile an act that would be a felony under the laws of this state if
13 committed by an adult;
14 (5) has not been, during the five years immediately preceding the
15 date the application is submitted: (A) A mentally ill person or involuntary
16 patient, as defined in K.S.A. 59-2902 1996 Supp. 59-2946 and amend-
17 ments thereto; (B) an alcoholic, as defined in K.S.A. 65-4003 and amend-
18 ments thereto; (C) a drug abuser, as defined in K.S.A. 65-5201 and
19 amendments thereto; (D) committed for the abuse of a controlled sub-
20 stance; (E) convicted or placed on diversion, in this or any other juris-
21 diction, of for an act that constitutes a misdemeanor under the provisions
22 of the uniform controlled substances act or adjudicated, in this or any
23 other jurisdiction, of committing as a juvenile an act that would be a
24 misdemeanor under such act if committed by an adult; (F) committed
25 for the abuse of alcohol; or (G) convicted or placed on diversion, in this
26 or any other jurisdiction, two or more times for an act that consti-
27 tutes a violation of K.S.A. 8-1567 and amendments thereto, or a similar
28 law of any city, county, other state or the District of Columbia; (H) con-
29 victed or placed on diversion, in this or any other jurisdiction, for
30 an act that constitutes a misdemeanor under article 34 or 35 of
31 chapter 21 of the Kansas Statutes Annotated or adjudicated, in this
32 or any other jurisdiction, of committing as a juvenile an act that
33 would be a misdemeanor under article 34 or 35 of chapter 21 of
34 the Kansas Statutes Annotated if committed by an adult; or (I) con-
35 victed or placed on diversion, in this or any other jurisdiction, for
36 an act that constitutes a violation of section 12 or a violation of
37 subsection (a)(4) of K.S.A. 21-4201 and amendments thereto or
38 adjudicated, in this or any other jurisdiction, of committing as a
39 juvenile an act that would be a violation of section 12 or a violation
40 of subsection (a)(4) of K.S.A. 21-4201 and amendments thereto if
41 committed by an adult;
42 (6) desires a legal means to carry a concealed weapon for lawful self-
43 defense;
HB 2159--Am. by SCW
3
1 (7) presents evidence satisfactory to the bureau that the applicant has
2 satisfactorily completed a weapons safety and training course approved
3 by the bureau pursuant to subsection (c) (b);
4 (8) has not been adjudged a disabled person under the act for ob-
5 taining a guardian or conservator, or both, or under a similar law of an-
6 other state or the District of Columbia, unless the applicant was ordered
7 restored to capacity three or more years before the date on which the
8 application is submitted;
9 (9) has not been dishonorably discharged from military service;
10 (10) is not a noncitizen who is in the United States illegally a citizen;
11 and
12 (11) is not subject to a restraining order issued under the protection
13 from abuse act.[; and]
14 [(12) is not in contempt of court in a child support proceeding.]
15 (b) The bureau shall deny a license to, and may revoke the license
16 of, any person who, during the five years immediately preceding the date
17 the application is submitted or during the term of the license, has been:
18 (A) Convicted of a crime defined in article 34 or 35 of chapter 21 of the
19 Kansas Statutes Annotated, or a similar crime under a city ordinance,
20 county resolution or law of another jurisdiction; or (B) adjudicated a ju-
21 venile offender by reason of an act which would be such a crime if com-
22 mitted by an adult.
23 (c) (1) (b)(1) The director of the bureau shall adopt rules and reg-
24 ulations establishing procedures and standards as authorized by this act
25 for a weapons safety and training course required by this section. Such
26 standards shall include: (A) A requirement that trainees receive training
27 in the safe storage of weapons, actual firing of weapons and instruction
28 in the laws of this state governing the carrying of a concealed weapon and
29 the use of deadly force; (B) general guidelines for courses; (C) qualifi-
30 cations of instructors; and (D) a requirement that the course be a weapons
31 course: (i) Certified or sponsored by the bureau or by the national rifle
32 association; or (ii) certified or sponsored by a law enforcement agency,
33 college, private or public institution or organization or weapons training
34 school and taught by instructors certified by the bureau or the national
35 rifle association.
36 (2) The cost of the weapons safety and training course required by
37 this section shall be paid by the applicant. The following shall constitute
38 satisfactory evidence of satisfactory completion of an approved weapons
39 safety and training course: (A) A photocopy of a certificate of completion
40 of the course; (B) an affidavit from the instructor, school, club, organi-
41 zation or group that conducted or taught such course attesting to the
42 completion of the course by the applicant; or (C) a copy of any document
43 which shows completion of the course.
HB 2159--Am. by SCW
4
1 (d) (c) In addition to the requirements of subsection (a), a person
2 holding a license pursuant to this act, prior to renewal of the license
3 provided for herein, must submit evidence satisfactory to the bureau that
4 the licensee has requalified on an approved course given by an instructor
5 of an approved weapons safety and training course [shall submit to the
6 bureau every two years, in the manner and at the time specified
7 by the bureau, evidence satisfactory to the bureau that the licensee
8 has satisfactorily completed within the preceding 12-month period
9 a weapons safety and training course approved by the bureau] un-
10 der subsection (c)(1) (b)(1).
11 New Sec. 5. (a) The application for a license pursuant to this act shall
12 be completed, under oath, on a form prescribed by the bureau and shall
13 only include:
14 (1) The name, address, place and date of birth, race and occupation
15 of the applicant;
16 (2) a statement that the applicant is in compliance with criteria con-
17 tained within section 4;
18 (3) a waiver of the confidentiality of such mental health and
19 medical records as necessary to determine the applicant's quali-
20 fications under subsection (a)(5) of section 4;
21 (4) a statement that the applicant has been furnished a copy of this
22 act and is knowledgeable of its provisions;
23 (4) (5) a conspicuous warning that the application is executed under
24 oath and that a false answer to any question, or the submission of any
25 false document by the applicant, subjects the applicant to criminal pros-
26 ecution under K.S.A. 21-3805 and amendments thereto; and
27 (5) (6) a statement that the applicant desires a concealed weapon
28 license as a means of lawful self-defense.
29 (b) The applicant shall submit to the sheriff of the county where the
30 applicant resides, during any normal business hours:
31 (1) A completed application described in subsection (a);
32 (2) a nonrefundable license fee not to exceed $125, if the applicant
33 has not previously been issued a statewide license or if the applicant's
34 license has permanently expired;
35 (3) a full set of fingerprints of the applicant administered by a law
36 enforcement agency of this state;
37 (4) a photocopy of a certificate or an affidavit or document as de-
38 scribed in subsection (c) (b) of section 4; and
39 (5) a full frontal view photograph of the applicant taken within the
40 preceding 30 days.
41 (c) (1) The sheriff, upon receipt of the items listed in subsection (b)
42 of this section or subsection (a) of section 8, shall provide for the full set
43 of fingerprints of the applicant to be processed taken and forwarded
HB 2159--Am. by SCW
5
1 to the bureau for processing for any criminal justice information and
2 shall forward a copy of the application and $100 of the original license
3 fee, or $80 of the renewal license fee, to the bureau. The cost of pro[chessing
4 taking such fingerprints shall be included in the portion of the fee re-
5 tained by the sheriff.
6 (2) The sheriff of the applicant's county of residence, at the sheriff's
7 discretion, may participate in the process by submitting a voluntary report
8 to the bureau containing any readily discoverable prior information that
9 the sheriff has reason to believe may be pertinent to the licensing of any
10 applicant. Any such voluntary reporting shall be made within 45 days after
11 the date the sheriff receives the application. A sheriff submitting a vol-
12 untary report shall not incur any civil or criminal liability as the result of
13 the good faith submission of such report.
14 (3) All funds received by the sheriff pursuant to the provisions of this
15 section shall be deposited in the general fund of the county and shall be
16 budgeted to the use of the sheriff's office.
17 (d) The bureau, within 90 days after the date of receipt of the items
18 listed in subsection (b), shall:
19 (1) Issue the license; or
20 (2) deny the application based solely on: (A) The report submitted
21 by the sheriff under subsection (c)(2); or (B) the ground that the applicant
22 fails to qualify under the criteria listed in section 4. The bureau shall
23 issue the license or deny the application within 180 days after the
24 date of receipt of the items listed in subsection (b), for applications
25 received before July 1, 1998, and within 90 days after the date of
26 receipt of the items listed in subsection (b), for applications re-
27 ceived on or after July 1, 1998. If the bureau denies the application,
28 the bureau shall notify the applicant in writing, stating the ground for
29 denial and informing the applicant of any right to a hearing pursuant to
30 the Kansas administrative procedure act.
31 (e) Any law enforcement officer, as defined by K.S.A. 21-3110 and
32 amendments thereto, shall be exempt from the fees and background in-
33 vestigation required by this section for a period of one year subsequent
34 to the date of retirement of such officer as a law enforcement officer.
35 New Sec. 6. (a) The bureau shall maintain an automated listing of
36 licenseholders and pertinent information, and such information shall be
37 available, upon request, at all times to all law enforcement agencies in
38 this state.
39 (b) Within 30 days after the changing of a permanent address, or
40 within 30 days after having a license lost or destroyed, the licensee shall
41 notify the bureau of such change, loss or destruction. The bureau, upon
42 notice and hearing, may order a licensee to pay a fine of not more than
43 $100, or may suspend the licensee's license for not more than 180 days,
HB 2159--Am. by SCW
6
1 for failure to notify the bureau pursuant to the provisions of this subsec-
2 tion.
3 (c) In the event that a concealed weapon license is lost or destroyed,
4 the license shall be automatically invalid, and the person to whom the
5 license was issued, upon payment of $15 to the bureau, may obtain a
6 duplicate, or substitute thereof, upon furnishing a notarized statement to
7 the bureau that such license has been lost or destroyed.
8 New Sec. 7. The bureau shall suspend or revoke at any time, after
9 notice and an opportunity for hearing in accordance with the Kansas
10 administrative procedure act, the license of any person who would be
11 ineligible under section 4 if submitting an application for a license at such
12 time or who fails to submit evidence of requalification [completion of a
13 weapons safety and training course] as required by subsection (d) (c)
14 of section 4.
15 New Sec. 8. (a) Not less than 90 days prior to the expiration date of
16 the license, the bureau shall mail to the licensee a written notice of the
17 expiration and a renewal form prescribed by the bureau. The licensee
18 must renew the license on or before the expiration date by filing with the
19 sheriff of the applicant's county of residence the renewal form, a notarized
20 affidavit stating that the licensee remains qualified pursuant to the criteria
21 specified in section 4, a completed fingerprint card, a full frontal view
22 photograph of the applicant taken within the preceding 30 days and a
23 nonrefundable license renewal fee not to exceed $100. The license shall
24 be renewed upon receipt of the completed renewal application, finger-
25 print card and appropriate payment of fees. A licensee who fails to file a
26 renewal application on or before the expiration date of the license must
27 pay an additional late fee of $15.
28 (b) If the licensee is qualified as provided by this act, the license shall
29 be renewed upon receipt by the bureau of the items listed in subsection
30 (a).
31 (c) No license shall be renewed six months or more after the expi-
32 ration date of the license, and such license shall be deemed to be per-
33 manently expired. A person whose license has been permanently expired
34 may reapply for licensure but an application for licensure and fees pur-
35 suant to section 5 must be submitted, and a background investigation
36 shall be conducted pursuant to the provisions of that section.
37 New Sec. 9. The application form for an original license and for a
38 renewal license shall include, in a conspicuous place, the following:
39 ``WARNING: A false statement on this application may subject the ap-
40 plicant to prosecution for the crime of perjury (K.S.A. 21-3805).''
41 New Sec. 10. No license issued pursuant to this section [act] shall
42 authorize the licensee to carry a concealed weapon into:
43 (a) Any place where an activity declared a common nuisance by
HB 2159--Am. by SCW
7
1 K.S.A. 22-3901 and amendments thereto is maintained;
2 (b) any police, sheriff or highway patrol station;
3 (c) any detention facility, prison or jail;
4 (d) any courthouse;
5 (e) any courtroom, except that nothing in this section would preclude
6 a judge from carrying a concealed weapon or determining who will carry
7 a concealed weapon in the judge's courtroom;
8 (f) any polling place;
9 (g) any meeting of the governing body of a county, city or other sub-
10 division;
11 (h) any meeting of the legislature or a committee thereof;
12 (i) [(g)] any school, community college, college, university or profes-
13 sional athletic event not related to firearms;
14 (j) [(h)] any portion of an establishment licensed to dispense alco-
15 holic liquor or cereal malt beverage for consumption on the premises,
16 which portion of the establishment is primarily devoted to such purpose;
17 (k) [(i)] any elementary or secondary school facility;
18 (l) [(j)] any community college, college or university facility; or
19 (m) [(k)] any place where the carrying of firearms is prohibited by
20 federal or state law.
21 New Sec. 11. [(a)] Nothing in this act shall be construed to
22 prevent:
23 (a) [(1)] Any public or private employer from restricting or
24 prohibiting in any manner persons licensed under this act from
25 carrying a concealed weapon while on the premises of the em-
26 ployer's business or while engaged in the duties of the person's
27 employment by the employer; or
28 (b) [(2)] any entity owning or operating business premises
29 open to the public from restricting or prohibiting in any manner
30 persons licensed under this act from carrying a concealed weapon
31 while on such premises, provided that the premises are posted, in
32 a manner reasonably likely to come to the attention of persons
33 entering the premises, as premises where carrying a concealed
34 weapon is prohibited.
35 [(b) It is a misdemeanor punishable by a fine of not more than
36 $1,000 for a person to:
37 [(1) Carry a concealed weapon onto premises described in sub-
38 section (a) if such premises are posted, in a manner reasonably
39 likely to come to the attention of persons entering the premises, as
40 premises where carrying a concealed weapon is prohibited; or
41 [(2) abuse, threaten or harass another person because premises
42 under such other person's control or on which such other person is
43 employed are posted as premises where carrying a concealed
HB 2159--Am. by SCW
8
1 weapon is prohibited.]
2 [(c) It is a class B nonperson misdemeanor for any person li-
3 censed pursuant to this act to carry a concealed weapon into any
4 place prohibited under this section.]
5 New Sec. 11. 12. It is a class A nonperson misdemeanor for a person
6 licensed pursuant to this act to carry a concealed weapon while under the
7 influence of alcohol or drugs, or both.
8 New Sec. 12. 13. (a) All moneys received by the bureau pursuant to
9 this act shall be remitted to the state treasurer who shall deposit the entire
10 amount in the state treasury and credit it to the concealed weapon licen-
11 sure fund, which is hereby created in the state treasury.
12 (b) Moneys in the concealed weapon licensure fund shall be used
13 only for: (1) Payment of the expenses of administration of the personal
14 and family act; and (2) transfers to the county law enforcement equipment
15 fund and to the forensic laboratory and materials fee fund as provided by
16 subsection (e).
17 (c) On or before the 10th day of each month, the director of accounts
18 and reports shall transfer from the state general fund to the concealed
19 weapon licensure fund the amount of money certified by the pooled
20 money investment board in accordance with this subsection. Prior to the
21 10th day of each month, the pooled money investment board shall certify
22 to the director of accounts and reports the amount of money equal to the
23 proportionate amount of all the interest credited to the state general fund
24 for the preceding month, pursuant to K.S.A. 75-4210a and amendments
25 thereto, that is attributable to moneys in the concealed weapon licensure
26 fund. Such amount of money shall be determined by the pooled money
27 investment board based on: (1) The average daily balance of moneys in
28 the concealed weapon licensure fund for the preceding month; and (2)
29 the net earnings for the pooled money investment portfolio for the pre-
30 ceding month.
31 (d) All expenditures from the concealed weapon licensure fund shall
32 be made in accordance with appropriation acts upon warrants of the di-
33 rector of accounts and reports issued pursuant to vouchers approved by
34 the director of the bureau for the purposes set forth in this section.
35 (e) The director of the bureau shall certify to the director of accounts
36 and reports each month beginning with the month that on each July 1
37 and January 1 after moneys are first credited to the concealed weapons
38 licensure fund the amount of moneys in such fund needed to administer
39 this act. On or before the 15th day of each month after moneys are first
40 credited to the concealed weapons licensure fund, the director of ac-
41 counts and reports shall transfer moneys in the concealed weapons licen-
42 sure fund as follows: (1) Of the amount in excess of the amount certified
43 by the director of the bureau, 20% shall be credited to the county law
HB 2159--Am. by SCW
9
1 enforcement equipment fund; and (2) the remaining 80% shall be cred-
2 ited to a separate account in the forensic laboratory and materials fee
3 fund cited in K.S.A. 28-176 and amendments thereto, to be used solely
4 to assist city and county law enforcement agencies to obtain prompt lab-
5 oratory services from the bureau. Moneys credited to the forensic labo-
6 ratory and materials fee fund as provided by this subsection shall be used
7 to supplement existing appropriations and shall not be used to supplant
8 general fund appropriations to the Kansas bureau of investigation.
9 New Sec. 13. 14. (a) There is hereby created in the state treasury
10 the county law enforcement equipment fund.
11 (b) Moneys in the county law enforcement equipment fund shall be
12 used only to fund grants to sheriffs' departments for purchases of law
13 enforcement equipment other than motor vehicles. Such grants shall be
14 administered by the director of the bureau. Such grants shall be based
15 on applications submitted by sheriffs' departments that demonstrate the
16 need for the equipment for which the grant is sought and substantiate
17 that grant moneys will not be used to supplant existing funding of the
18 recipient sheriff's department.
19 (c) On or before the 10th day of each month, the director of accounts
20 and reports shall transfer from the state general fund to the county law
21 enforcement equipment fund interest earnings based on: (1) The average
22 daily balance of moneys in the county law enforcement equipment fund
23 for the preceding month; and (2) the net earnings rate of the pooled
24 money investment portfolio for the preceding month.
25 (d) All expenditures from the county law enforcement equipment
26 fund shall be made in accordance with appropriation acts upon warrants
27 of the director of accounts and reports issued pursuant to vouchers ap-
28 proved by the director of the bureau for the purposes set forth in this
29 section.
30 New Sec. 14. 15. (a) The director of the bureau shall adopt such
31 rules and regulations as necessary to administer the provisions of this act.
32 (b) On or before January 1 of each year, the director of the bureau
33 shall submit a statistical report to the governor, president of the senate,
34 the senate [minority] leader, the speaker of the house of representatives
35 and the house minority leader indicating the number of licenses issued,
36 revoked, suspended and denied during the preceding fiscal year.
37 New Sec. 15. 16. (a) The legislature finds as a matter of public policy
38 and fact that it is necessary to provide statewide uniform standards for
39 issuing licenses to carry concealed weapons for self-defense and finds it
40 necessary to occupy the field of regulation of the bearing of concealed
41 weapons for self-defense to ensure that no honest, law-abiding person
42 who qualifies under the provisions of this act is subjectively or arbitrarily
43 denied the person's rights. Any city ordinance or county resolution that
HB 2159--Am. by SCW
10
1 regulates, restricts or prohibits the carrying of concealed weapons [by a
2 person licensed in accordance with the provisions of this act],
3 whether in effect on the effective date of this act or adopted after that
4 date, shall be null and void.
5 (b) The legislature does not delegate to the bureau the authority to
6 regulate or restrict the issuing of licenses provided for in this act, beyond
7 those provisions of this act pertaining to licensing and training. Subjective
8 or arbitrary actions or rules and regulations which encumber the issuing
9 process by placing burdens on the applicant beyond those sworn state-
10 ments and specified documents detailed in this act or which create re-
11 strictions beyond those specified in this act are in conflict with the intent
12 of this act and are prohibited.
13 (c) This act shall be liberally construed to carry out the constitutional
14 right to bear arms for self-defense. This act is supplemental and additional
15 to existing rights to bear arms and nothing in this act shall impair or
16 diminish such rights.
17 New Sec. 16. 17. If any provision of this act or the application
18 thereof to any person or circumstance is held invalid, the invalidity shall
19 not affect other provisions or applications of the act which can be given
20 effect without the invalid provision or application. To this end the pro-
21 visions of this act are severable.
22 Sec. 17. 18. K.S.A. 1996 Supp. 21-4201 is hereby amended to read
23 as follows: 21-4201. (a) Criminal use of weapons is knowingly:
24 (1) Selling, manufacturing, purchasing, possessing or carrying any
25 bludgeon, sandclub, metal knuckles or throwing star, or any knife, com-
26 monly referred to as a switch-blade, which has a blade that opens auto-
27 matically by hand pressure applied to a button, spring or other device in
28 the handle of the knife, or any knife having a blade that opens or falls or
29 is ejected into position by the force of gravity or by an outward, downward
30 or centrifugal thrust or movement;
31 (2) carrying concealed on one's person, or possessing with intent to
32 use the same unlawfully against another, a dagger, dirk, billy, blackjack,
33 slung shot, dangerous knife, straight-edged razor, stiletto or any other
34 dangerous or deadly weapon or instrument of like character, except that
35 an ordinary pocket knife with no blade more than four inches in length
36 shall not be construed to be a dangerous knife, or a dangerous or deadly
37 weapon or instrument;
38 (3) carrying on one's person or in any land, water or air vehicle, with
39 intent to use the same unlawfully, a tear gas or smoke bomb or projector
40 or any object containing a noxious liquid, gas or substance;
41 (4) carrying any pistol, revolver or other firearm concealed on one's
42 person except when on the person's land or in the person's abode or fixed
43 place of business;
HB 2159--Am. by SCW
11
1 (5) setting a spring gun;
2 (6) possessing any device or attachment of any kind designed, used
3 or intended for use in silencing the report of any firearm;
4 (7) selling, manufacturing, purchasing, possessing or carrying a shot-
5 gun with a barrel less than 18 inches in length or any other firearm de-
6 signed to discharge or capable of discharging automatically more than
7 once by a single function of the trigger;
8 (8) possessing, manufacturing, causing to be manufactured, selling,
9 offering for sale, lending, purchasing or giving away any cartridge which
10 can be fired by a handgun and which has a plastic-coated bullet that has
11 a core of less than 60% lead by weight; or
12 (9) possessing or transporting any incendiary or explosive material,
13 liquid, solid or mixture, equipped with a fuse, wick or any other detonat-
14 ing device, commonly known as a molotov cocktail or a pipe bomb.
15 (b) Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affect
16 any of the following:
17 (1) Law enforcement officers, or any person summoned by any such
18 officers to assist in making arrests or preserving the peace while actually
19 engaged in assisting such officer;
20 (2) wardens, superintendents, directors, security personnel and keep-
21 ers of prisons, penitentiaries, jails and other institutions for the detention
22 of persons accused or convicted of crime, while acting within the scope
23 of their authority;
24 (3) members of the armed services or reserve forces of the United
25 States or the Kansas national guard while in the performance of their
26 official duty; or
27 (4) manufacture of, transportation to, or sale of weapons to a person
28 authorized under subsections (b)(1), (2) and (3) to possess such weapons.
29 (c) Subsection (a)(4) shall not apply to or affect the following:
30 (1) Watchmen, while actually engaged in the performance of the du-
31 ties of their employment;
32 (2) licensed hunters or fishermen, while engaged in hunting or fish-
33 ing;
34 (3) private detectives licensed by the state to carry the firearm in-
35 volved, while actually engaged in the duties of their employment;
36 (4) detectives or special agents regularly employed by railroad com-
37 panies or other corporations to perform full-time security or investigative
38 service, while actually engaged in the duties of their employment;
39 (5) the state fire marshal, the state fire marshal's deputies or any
40 member of a fire department authorized to carry a firearm pursuant to
41 K.S.A. 31-157 and amendments thereto, while engaged in an investigation
42 in which such fire marshal, deputy or member is authorized to carry a
43 firearm pursuant to K.S.A. 31-157 and amendments thereto; or
HB 2159--Am. by SCW
12
1 (6) special deputy sheriffs described in K.S.A. 1996 Supp. 19-827 who
2 have satisfactorily completed the basic course of instruction required for
3 permanent appointment as a part-time law enforcement officer under
4 K.S.A. 74-5607a and amendments thereto.
5 (d) Subsections (a)(1), (6) and (7) shall not apply to any person who
6 sells, purchases, possesses or carries a firearm, device or attachment
7 which has been rendered unserviceable by steel weld in the chamber and
8 marriage weld of the barrel to the receiver and which has been registered
9 in the national firearms registration and transfer record in compliance
10 with 26 U.S.C. 5841 et seq. in the name of such person and, if such person
11 transfers such firearm, device or attachment to another person, has been
12 so registered in the transferee's name by the transferor.
13 (e) Subsection (a)(8) shall not apply to a governmental laboratory or
14 solid plastic bullets.
15 (f) Subsection (a)(4) shall not apply to any person carrying a con-
16 cealed weapon as authorized by sections 1 through 15 17.
17 (g) It shall be a defense that the defendant is within an exemption.
18 (g) (h) Violation of subsections (a)(1) through (a)(5) or subsection
19 (a)(9) is a class A nonperson misdemeanor. Violation of subsection (a)(6),
20 (a)(7) or (a)(8) is a severity level 9, nonperson felony.
21 (h) (i) As used in this section, ``throwing star'' means any instrument,
22 without handles, consisting of a metal plate having three or more radiating
23 points with one or more sharp edges and designed in the shape of a
24 polygon, trefoil, cross, star, diamond or other geometric shape, manufac-
25 tured for use as a weapon for throwing.
26 Sec. 19. K.S.A. 1996 Supp. 12-4516 is hereby amended to read
27 as follows: 12-4516. (a) Except as provided in subsection (b), any
28 person who has been convicted of a violation of a city ordinance
29 of this state may petition the convicting court for the expungement
30 of such conviction if three or more years have elapsed since the
31 person:
32 (1) Satisfied the sentence imposed; or
33 (2) was discharged from probation, parole or a suspended sen-
34 tence.
35 (b) No person may petition for expungement until five or more
36 years have elapsed since the person satisfied the sentence imposed
37 or was discharged from probation, parole, conditional release or
38 a suspended sentence, if such person was convicted of the violation
39 of a city ordinance which would also constitute:
40 (1) Vehicular homicide, as defined by K.S.A. 21-3405, and
41 amendments thereto;
42 (2) a violation of K.S.A. 8-1567, and amendments thereto;
43 (3) driving while the privilege to operate a motor vehicle on
HB 2159--Am. by SCW
13
1 the public highways of this state has been canceled, suspended or
2 revoked, as prohibited by K.S.A. 8-262, and amendments thereto;
3 (4) perjury resulting from a violation of K.S.A. 8-261a, and
4 amendments thereto;
5 (5) a violation of the provisions of the fifth clause of K.S.A. 8-
6 142, and amendments thereto, relating to fraudulent applications;
7 (6) any crime punishable as a felony wherein a motor vehicle
8 was used in the perpetration of such crime;
9 (7) failing to stop at the scene of an accident and perform the
10 duties required by K.S.A. 8-1602, 8-1603 or 8-1604, and amend-
11 ments thereto;
12 (8) a violation of the provisions of K.S.A. 40-3104, and amend-
13 ments thereto, relating to motor vehicle liability insurance cover-
14 age; or
15 (9) a violation of K.S.A. 21-3405b, and amendments thereto.
16 (c) When a petition for expungement is filed, the court shall
17 set a date for a hearing thereon and shall give notice thereof to
18 the prosecuting attorney. The petition shall state: (1) The de-
19 [chfendant's full name; (2) the full name of the defendant at the time
20 of arrest and conviction, if different than the defendant's current
21 name; (3) the defendant's sex, race, and date of birth; (4) the crime
22 for which the defendant was convicted; (5) the date of the de-
23 [chfendant's conviction; and (6) the identity of the convicting court.
24 A municipal court may prescribe a fee to be charged as costs for a
25 person petitioning for an order of expungement pursuant to this
26 section. Any person who may have relevant information about the
27 petitioner may testify at the hearing. The court may inquire into
28 the background of the petitioner and shall have access to any re-
29 ports or records relating to the petitioner that are on file with the
30 secretary of corrections or the Kansas parole board.
31 (d) At the hearing on the petition, the court shall order the
32 petitioner's conviction expunged if the court finds that:
33 (1) The petitioner has not been convicted of a felony in the past
34 two years and no proceeding involving any such crime is presently
35 pending or being instituted against the petitioner;
36 (2) the circumstances and behavior of the petitioner warrant
37 the expungement; and
38 (3) the expungement is consistent with the public welfare.
39 (e) When the court has ordered a conviction expunged, the or-
40 der of expungement shall state the information required to be con-
41 tained in the petition. The clerk of the court shall send a certified
42 copy of the order of expungement to the Kansas bureau of inves-
43 tigation which shall notify the federal bureau of investigation, the
HB 2159--Am. by SCW
14
1 secretary of corrections and any other criminal justice agency
2 which may have a record of the conviction. After the order of
3 expungement is entered, the petitioner shall be treated as not hav-
4 ing been convicted of the crime, except that:
5 (1) Upon conviction for any subsequent crime, the conviction
6 that was expunged may be considered as a prior conviction in de-
7 termining the sentence to be imposed;
8 (2) the petitioner shall disclose that the conviction occurred if
9 asked about previous convictions (A) in any application for em-
10 ployment as a detective with a private detective agency, as defined
11 by K.S.A. 75-7b01, and amendments thereto; as security personnel
12 with a private patrol operator, as defined by K.S.A. 75-7b01, and
13 amendments thereto; with a criminal justice agency, as defined by
14 K.S.A. 22-4701, and amendments thereto; or with an institution, as
15 defined in K.S.A. 76-12a01, and amendments thereto, of the de-
16 partment of social and rehabilitation services; (B) in any applica-
17 tion for admission, or for an order of reinstatement, to the practice
18 of law in this state; (C) to aid in determining the petitioner's qual-
19 ifications for employment with the Kansas lottery or for work in
20 sensitive areas within the Kansas lottery as deemed appropriate
21 by the executive director of the Kansas lottery; (D) to aid in de-
22 termining the petitioner's qualifications for executive director of
23 the Kansas racing commission, for employment with the commis-
24 sion or for work in sensitive areas in parimutuel racing as deemed
25 appropriate by the executive director of the commission, or to aid
26 in determining qualifications for licensure or renewal of licensure
27 by the commission; (E) upon application for a commercial driver's
28 license under K.S.A. 8-2,125 through 8-2,142, and amendments
29 thereto; (F) to aid in determining the petitioner's qualifications to be
30 an employee of the state gaming agency; or (G) to aid in determining
31 the petitioner's qualifications to be an employee of a tribal gaming
32 commission or to hold a license issued pursuant to a tribal-state
33 gaming compact; or (H) to aid in determining the petitioner's qualifi-
34 cations for a license to carry a concealed weapon pursuant to the personal
35 and family protection act;
36 (3) the court, in the order of expungement, may specify other
37 circumstances under which the conviction is to be disclosed; and
38 (4) the conviction may be disclosed in a subsequent prosecu-
39 tion for an offense which requires as an element of such offense a
40 prior conviction of the type expunged.
41 (f) Whenever a person is convicted of an ordinance violation,
42 pleads guilty and pays a fine for such a violation, is placed on pa-
43 role or probation or is granted a suspended sentence for such a
HB 2159--Am. by SCW
15
1 violation, the person shall be informed of the ability to expunge
2 the conviction.
3 (g) Subject to the disclosures required pursuant to subsection
4 (e), in any application for employment, license or other civil right
5 or privilege, or any appearance as a witness, a person whose con-
6 viction of an offense has been expunged under this statute may
7 state that such person has never been convicted of such offense.
8 (h) Whenever the record of any conviction has been expunged
9 under the provisions of this section or under the provisions of any
10 other existing or former statute, the custodian of the records of
11 arrest, conviction and incarceration relating to that crime shall not
12 disclose the existence of such records, except when requested by:
13 (1) The person whose record was expunged;
14 (2) a criminal justice agency, private detective agency or a pri-
15 vate patrol operator, and the request is accompanied by a state-
16 ment that the request is being made in conjunction with an appli-
17 cation for employment with such agency or operator by the person
18 whose record has been expunged;
19 (3) a court, upon a showing of a subsequent conviction of the
20 person whose record has been expunged;
21 (4) the secretary of social and rehabilitation services, or a des-
22 ignee of the secretary, for the purpose of obtaining information
23 relating to employment in an institution, as defined in K.S.A. 76-
24 12a01, and amendments thereto, of the department of social and
25 rehabilitation services of any person whose record has been ex-
26 punged;
27 (5) a person entitled to such information pursuant to the terms
28 of the expungement order;
29 (6) a prosecuting attorney, and such request is accompanied by
30 a statement that the request is being made in conjunction with a
31 prosecution of an offense that requires a prior conviction as one
32 of the elements of such offense;
33 (7) the supreme court, the clerk or disciplinary administrator
34 thereof, the state board for admission of attorneys or the state
35 board for discipline of attorneys, and the request is accompanied
36 by a statement that the request is being made in conjunction with
37 an application for admission, or for an order of reinstatement, to
38 the practice of law in this state by the person whose record has
39 been expunged;
40 (8) the Kansas lottery, and the request is accompanied by a
41 statement that the request is being made to aid in determining
42 qualifications for employment with the Kansas lottery or for work
43 in sensitive areas within the Kansas lottery as deemed appropriate
HB 2159--Am. by SCW
16
1 by the executive director of the Kansas lottery;
2 (9) the governor or the Kansas racing commission, or a desig-
3 nee of the commission, and the request is accompanied by a state-
4 ment that the request is being made to aid in determining quali-
5 fications for executive director of the commission, for employment
6 with the commission, for work in sensitive areas in parimutuel rac-
7 ing as deemed appropriate by the executive director of the com-
8 mission or for licensure, renewal of licensure or continued licen-
9 sure by the commission; or
10 (10) the state gaming agency, and the request is accompanied
11 by a statement that the request is being made to aid in determining
12 qualifications: (A) To be an employee of the state gaming agency;
13 or (B) to be an employee of a tribal gaming commission or to hold
14 a license issued pursuant to a tribal-state gaming compact; or
15 (11) the Kansas bureau of investigation and the request is accompa-
16 nied by a statement that the request is being made to aid in determining
17 qualifications for a license to carry a concealed weapon pursuant to the
18 personal and family protection act.
19 Sec. 20. K.S.A. 1996 Supp. 21-4619 is hereby amended to read
20 as follows: 21-4619. (a) Except as provided in subsections (b) and
21 (c), any person convicted in this state of a traffic infraction, ciga-
22 rette or tobacco infraction, misdemeanor or a class D or E felony,
23 or for crimes committed on or after July 1, 1993, nondrug crimes
24 ranked in severity levels 6 through 10 or any felony ranked in
25 severity level 4 of the drug grid, may petition the convicting court
26 for the expungement of such conviction if three or more years have
27 elapsed since the person: (1) Satisfied the sentence imposed; or (2)
28 was discharged from probation, a community correctional services
29 program, parole, postrelease supervision, conditional release or a
30 suspended sentence.
31 (b) Except as provided in subsection (c), no person may petition
32 for expungement until five or more years have elapsed since the
33 person satisfied the sentence imposed or was discharged from pro-
34 bation, a community correctional services program, parole, post-
35 release supervision, conditional release or a suspended sentence,
36 if such person was convicted of a class A, B or C felony, or for
37 crimes committed on or after July 1, 1993, if convicted of an off-
38 grid felony or any nondrug crime ranked in severity levels 1
39 through 5 or any felony ranked in severity levels 1 through 3 of
40 the drug grid, or:
41 (1) Vehicular homicide, as defined by K.S.A. 21-3405 and
42 amendments thereto or as prohibited by any law of another state
43 which is in substantial conformity with that statute;
HB 2159--Am. by SCW
17
1 (2) a violation of K.S.A. 8-1567 and amendments thereto, or a
2 violation of any law of another state, which declares to be unlawful
3 the acts prohibited by that statute;
4 (3) driving while the privilege to operate a motor vehicle on
5 the public highways of this state has been canceled, suspended or
6 revoked, as prohibited by K.S.A. 8-262 and amendments thereto
7 or as prohibited by any law of another state which is in substantial
8 conformity with that statute;
9 (4) perjury resulting from a violation of K.S.A. 8-261a and
10 amendments thereto or resulting from the violation of a law of
11 another state which is in substantial conformity with that statute;
12 (5) violating the provisions of the fifth clause of K.S.A. 8-142
13 and amendments thereto, relating to fraudulent applications or
14 violating the provisions of a law of another state which is in sub-
15 stantial conformity with that statute;
16 (6) any crime punishable as a felony wherein a motor vehicle
17 was used in the perpetration of such crime;
18 (7) failing to stop at the scene of an accident and perform the
19 duties required by K.S.A. 8-1602, 8-1603 or 8-1604, and amend-
20 ments thereto, or required by a law of another state which is in
21 substantial conformity with those statutes;
22 (8) violating the provisions of K.S.A. 40-3104 and amendments
23 thereto, relating to motor vehicle liability insurance coverage; or
24 (9) a violation of K.S.A. 21-3405b, and amendments thereto.
25 (c) There shall be no expungement of convictions for the fol-
26 lowing offenses or of convictions for an attempt to commit any of
27 the following offenses: (1) Rape as defined in subsection (a)(2) of
28 K.S.A. 21-3502 and amendments thereto; (2) indecent liberties
29 with a child as defined in K.S.A. 21-3503 and amendments thereto;
30 (3) aggravated indecent liberties with a child as defined in K.S.A.
31 21-3504 and amendments thereto; (4) criminal sodomy as defined
32 in subsection (a)(2) or (a)(3) of K.S.A. 21-3505 and amendments
33 thereto; (5) aggravated criminal sodomy as defined in K.S.A. 21-
34 3506 and amendments thereto; (6) indecent solicitation of a child
35 as defined in K.S.A. 21-3510 and amendments thereto; (7) aggra-
36 vated indecent solicitation of a child as defined in K.S.A. 21-3511
37 and amendments thereto; (8) sexual exploitation of a child as de-
38 fined in K.S.A. 21-3516 and amendments thereto; (9) aggravated
39 incest as defined in K.S.A. 21-3603 and amendments thereto; (10)
40 endangering a child as defined in K.S.A. 21-3608 and amendments
41 thereto; (11) abuse of a child as defined in K.S.A. 21-3609 and
42 amendments thereto; or (12) any conviction for any offense in ef-
43 fect at any time prior to the effective date of this act, that is com-
HB 2159--Am. by SCW
18
1 parable to any offense as provided in this subsection.
2 (d) When a petition for expungement is filed, the court shall
3 set a date for a hearing thereon and shall give notice thereof to
4 the prosecuting attorney. The petition shall state: (1) The de-
5 [chfendant's full name; (2) the full name of the defendant at the time
6 of arrest and conviction, if different than the defendant's current
7 name; (3) the defendant's sex, race and date of birth; (4) the crime
8 for which the defendant was convicted; (5) the date of the de-
9 [chfendant's conviction; and (6) the identity of the convicting court.
10 There shall be no docket fee for filing a petition pursuant to this
11 section. All petitions for expungement shall be docketed in the
12 original criminal action. Any person who may have relevant infor-
13 mation about the petitioner may testify at the hearing. The court
14 may inquire into the background of the petitioner and shall have
15 access to any reports or records relating to the petitioner that are
16 on file with the secretary of corrections or the Kansas parole
17 board.
18 (e) At the hearing on the petition, the court shall order the
19 petitioner's conviction expunged if the court finds that:
20 (1) The petitioner has not been convicted of a felony in the past
21 two years and no proceeding involving any such crime is presently
22 pending or being instituted against the petitioner;
23 (2) the circumstances and behavior of the petitioner warrant
24 the expungement; and
25 (3) the expungement is consistent with the public welfare.
26 (f) When the court has ordered a conviction expunged, the or-
27 der of expungement shall state the information required to be con-
28 tained in the petition. The clerk of the court shall send a certified
29 copy of the order of expungement to the Kansas bureau of inves-
30 tigation which shall notify the federal bureau of investigation, the
31 secretary of corrections and any other criminal justice agency
32 which may have a record of the conviction. After the order of
33 expungement is entered, the petitioner shall be treated as not hav-
34 ing been convicted of the crime, except that:
35 (1) Upon conviction for any subsequent crime, the conviction
36 that was expunged may be considered as a prior conviction in de-
37 termining the sentence to be imposed;
38 (2) the petitioner shall disclose that the conviction occurred if
39 asked about previous convictions (A) in any application for em-
40 ployment as a detective with a private detective agency, as defined
41 by K.S.A. 75-7b01 and amendments thereto; as security personnel
42 with a private patrol operator, as defined by K.S.A. 75-7b01 and
43 amendments thereto; with a criminal justice agency, as defined by
HB 2159--Am. by SCW
19
1 K.S.A. 22-4701 and amendments thereto; or with an institution, as
2 defined in K.S.A. 76-12a01 and amendments thereto, of the de-
3 partment of social and rehabilitation services; (B) in any applica-
4 tion for admission, or for an order of reinstatement, to the practice
5 of law in this state; (C) to aid in determining the petitioner's qual-
6 ifications for employment with the Kansas lottery or for work in
7 sensitive areas within the Kansas lottery as deemed appropriate
8 by the executive director of the Kansas lottery; (D) to aid in de-
9 termining the petitioner's qualifications for executive director of
10 the Kansas racing commission, for employment with the commis-
11 sion or for work in sensitive areas in parimutuel racing as deemed
12 appropriate by the executive director of the commission, or to aid
13 in determining qualifications for licensure or renewal of licensure
14 by the commission; or (E) upon application for a commercial driv-
15 er's license under K.S.A. 8-2,125 through 8-2,142, and amend-
16 ments thereto; or (F) to aid in determining the petitioner's qualifications
17 for a license to carry a concealed weapon pursuant to the personal and
18 family protection act;
19 (3) the court, in the order of expungement, may specify other
20 circumstances under which the conviction is to be disclosed;
21 (4) the conviction may be disclosed in a subsequent prosecu-
22 tion for an offense which requires as an element of such offense a
23 prior conviction of the type expunged; and
24 (5) upon commitment to the custody of the secretary of cor-
25 rections, any previously expunged record in the possession of the
26 secretary of corrections may be reinstated and the expungement
27 disregarded, and the record continued for the purpose of the new
28 commitment.
29 (g) Whenever a person is convicted of a crime, pleads guilty
30 and pays a fine for a crime, is placed on parole, postrelease su-
31 pervision or probation, is assigned to a community correctional
32 services program, is granted a suspended sentence or is released
33 on conditional release, the person shall be informed of the ability
34 to expunge the conviction.
35 (h) Subject to the disclosures required pursuant to subsection
36 (f), in any application for employment, license or other civil right
37 or privilege, or any appearance as a witness, a person whose con-
38 viction of a crime has been expunged under this statute may state
39 that such person has never been convicted of such crime, but the
40 expungement of a felony conviction does not relieve an individual
41 of complying with any state or federal law relating to the use or
42 possession of firearms by persons convicted of a felony.
43 (i) Whenever the record of any conviction has been expunged
HB 2159--Am. by SCW
20
1 under the provisions of this section or under the provisions of any
2 other existing or former statute, the custodian of the records of
3 arrest, conviction and incarceration relating to that crime shall not
4 disclose the existence of such records, except when requested by:
5 (1) The person whose record was expunged;
6 (2) a criminal justice agency, private detective agency or a pri-
7 vate patrol operator, and the request is accompanied by a state-
8 ment that the request is being made in conjunction with an appli-
9 cation for employment with such agency or operator by the person
10 whose record has been expunged;
11 (3) a court, upon a showing of a subsequent conviction of the
12 person whose record has been expunged;
13 (4) the secretary of social and rehabilitation services, or a des-
14 ignee of the secretary, for the purpose of obtaining information
15 relating to employment in an institution, as defined in K.S.A. 76-
16 12a01 and amendments thereto, of the department of social and
17 rehabilitation services of any person whose record has been ex-
18 punged;
19 (5) a person entitled to such information pursuant to the terms
20 of the expungement order;
21 (6) a prosecuting attorney, and such request is accompanied by
22 a statement that the request is being made in conjunction with a
23 prosecution of an offense that requires a prior conviction as one
24 of the elements of such offense;
25 (7) the supreme court, the clerk or disciplinary administrator
26 thereof, the state board for admission of attorneys or the state
27 board for discipline of attorneys, and the request is accompanied
28 by a statement that the request is being made in conjunction with
29 an application for admission, or for an order of reinstatement, to
30 the practice of law in this state by the person whose record has
31 been expunged;
32 (8) the Kansas lottery, and the request is accompanied by a
33 statement that the request is being made to aid in determining
34 qualifications for employment with the Kansas lottery or for work
35 in sensitive areas within the Kansas lottery as deemed appropriate
36 by the executive director of the Kansas lottery;
37 (9) the governor or the Kansas racing commission, or a desig-
38 nee of the commission, and the request is accompanied by a state-
39 ment that the request is being made to aid in determining quali-
40 fications for executive director of the commission, for employment
41 with the commission, for work in sensitive areas in parimutuel rac-
42 ing as deemed appropriate by the executive director of the com-
43 mission or for licensure, renewal of licensure or continued licen-
HB 2159--Am. by SCW
21
1 sure by the commission; or
2 (10) the Kansas sentencing commission; or
3 (11) the Kansas bureau of investigation and the request is accompa-
4 nied by a statement that the request is being made to aid in determining
5 qualifications for a license to carry a concealed weapon pursuant to the
6 personal and family protection act.
7 Sec. 18. 21. K.S.A. 1996 Supp. 21-4201 is 12-4516, 21-4201 and
8 21-4619 are hereby repealed.
9 Sec. 19. 22. This act shall take effect and be in force from and after
10 its publication in the statute book.