Session of 1998
                   
HOUSE BILL No. 2892
         
By Committee on Federal and State Affairs
         
2-11
            9             AN ACT enacting the personal and family protection act; providing for
10             licensure to carry certain concealed weapons; prohibiting certain acts
11             and prescribing penalties for violations; amending K.S.A. 1997 Supp.
12             12-4516, 21-4201 and 21-4619 and repealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           New Section 1. Sections 1 through 17 shall be known and may be
16       cited as the personal and family protection act.
17           New Sec. 2. As used in the personal and family protection act:
18           (a) ``Bureau'' means the Kansas bureau of investigation.
19           (b) ``Weapon'' means handgun, pistol or revolver.
20           New Sec. 3. (a) On and after January 1, 1999, the bureau shall issue
21       licenses to carry concealed weapons to persons qualified as provided by
22       this act. Such licenses shall be valid throughout the state for a period of
23       four years from the date of issuance.
24           (b) The license shall be in a form, prescribed by the bureau, that is
25       approximately the size of a Kansas driver's license and shall bear the
26       licensee's signature, name, address, date of birth and driver's license num-
27       ber or nondriver's identification card number.
28           (c) The licensee must carry the license, together with a valid Kansas
29       driver's license or Kansas nondriver's identification card, at all times in
30       which the licensee is in actual possession of a concealed weapon and must
31       display both the license and proper identification upon demand by a law
32       enforcement officer. Violation of the provisions of this subsection shall
33       constitute a class B nonperson misdemeanor.
34           New Sec. 4. (a) On and after January 1, 1999, the bureau shall issue
35       a license pursuant to this act if the applicant:
36           (1) Is a resident of the county where application for licensure is made
37       and has been a resident of the state for six months or more immediately
38       preceding the filing of the application;
39           (2) is 21 years or more of age;
40           (3) does not suffer from a physical infirmity which prevents the safe
41       handling of a weapon;
42           (4) has never been convicted or placed on diversion, in this or any
43       other jurisdiction, for an act that constitutes a felony under the laws of

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  1       this state or adjudicated, in this or any other jurisdiction, of committing
  2       as a juvenile an act that would be a felony under the laws of this state if
  3       committed by an adult;
  4           (5) has not been, during the five years immediately preceding the
  5       date the application is submitted: (A) A mentally ill person or involuntary
  6       patient, as defined in K.S.A. 1997 Supp. 59-2946 and amendments
  7       thereto; (B) an alcoholic, as defined in K.S.A. 65-4003 and amendments
  8       thereto; (C) a drug abuser, as defined in K.S.A. 65-5201 and amendments
  9       thereto; (D) committed for the abuse of a controlled substance; (E) con-
10       victed or placed on diversion, in this or any other jurisdiction, for an act
11       that constitutes a misdemeanor under the provisions of the uniform con-
12       trolled substances act or adjudicated, in this or any other jurisdiction, of
13       committing as a juvenile an act that would be a misdemeanor under such
14       act if committed by an adult; (F) committed for the abuse of alcohol; (G)
15       convicted or placed on diversion, in this or any other jurisdiction, two or
16       more times for an act that constitutes a violation of K.S.A. 8-1567 and
17       amendments thereto; (H) convicted or placed on diversion, in this or any
18       other jurisdiction, for an act that constitutes a misdemeanor under article
19       34 or 35 of chapter 21 of the Kansas Statutes Annotated or adjudicated,
20       in this or any other jurisdiction, of committing as a juvenile an act that
21       would be a misdemeanor under article 34 or 35 of chapter 21 of the
22       Kansas Statutes Annotated if committed by an adult; or (I) convicted or
23       placed on diversion, in this or any other jurisdiction, for an act that con-
24       stitutes a violation of section 12 or a violation of subsection (a)(4) of K.S.A.
25       21-4201 and amendments thereto or adjudicated, in this or any other
26       jurisdiction, of committing as a juvenile an act that would be a violation
27       of section 12 or a violation of subsection (a)(4) of K.S.A. 21-4201 and
28       amendments thereto if committed by an adult;
29           (6) desires a legal means to carry a concealed weapon for lawful
30       self-defense;
31           (7) presents evidence satisfactory to the bureau that the applicant has
32       satisfactorily completed a weapons safety and training course approved
33       by the bureau pursuant to subsection (b);
34           (8) has not been adjudged a disabled person under the act for ob-
35       taining a guardian or conservator, or both, or under a similar law of an-
36       other state or the District of Columbia, unless the applicant was ordered
37       restored to capacity three or more years before the date on which the
38       application is submitted;
39           (9) has not been dishonorably discharged from military service;
40           (10) is a citizen; and
41           (11) is not subject to a restraining order issued under the protection
42       from abuse act.
43           (b) (1) The director of the bureau shall adopt rules and regulations

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  1       establishing procedures and standards as authorized by this act for a
  2       weapons safety and training course required by this section. Such stan-
  3       dards shall include: (A) A requirement that trainees receive training in
  4       the safe storage of weapons, actual firing of weapons and instruction in
  5       the laws of this state governing the carrying of a concealed weapon and
  6       the use of deadly force; (B) general guidelines for courses; (C) qualifi-
  7       cations of instructors; and (D) a requirement that the course be a weapons
  8       course: (i) Certified or sponsored by the bureau; or (ii) certified or spon-
  9       sored by a law enforcement agency, college, private or public institution
10       or organization or weapons training school and taught by instructors cer-
11       tified by the bureau.
12           (2) The cost of the weapons safety and training course required by
13       this section shall be paid by the applicant. The following shall constitute
14       satisfactory evidence of satisfactory completion of an approved weapons
15       safety and training course: (A) A photocopy of a certificate of completion
16       of the course; (B) an affidavit from the instructor, school, club, organi-
17       zation or group that conducted or taught such course attesting to the
18       completion of the course by the applicant; or (C) a copy of any document
19       which shows completion of the course.
20           (c) In addition to the requirements of subsection (a), a person holding
21       a license pursuant to this act, prior to renewal of the license provided for
22       herein, must submit evidence satisfactory to the bureau that the licensee
23       has requalified on an approved course given by an instructor of an ap-
24       proved weapons safety and training course under subsection (b)(1).
25           New Sec. 5. (a) The application for a license pursuant to this act shall
26       be completed, under oath, on a form prescribed by the bureau and shall
27       only include:
28           (1) The name, address, place and date of birth, race and occupation
29       of the applicant;
30           (2) a statement that the applicant is in compliance with criteria con-
31       tained within section 4;
32           (3) a waiver of the confidentiality of such mental health and medical
33       records as necessary to determine the applicant's qualifications under
34       subsection (a)(5) of section 4;
35           (4) a statement that the applicant has been furnished a copy of this
36       act and is knowledgeable of its provisions;
37           (5) a conspicuous warning that the application is executed under oath
38       and that a false answer to any question, or the submission of any false
39       document by the applicant, subjects the applicant to criminal prosecution
40       under K.S.A. 21-3805 and amendments thereto; and
41           (6) a statement that the applicant desires a concealed weapon license
42       as a means of lawful self-defense.
43           (b) The applicant shall submit to the sheriff of the county where the

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  1       applicant resides, during any normal business hours:
  2           (1) A completed application described in subsection (a);
  3           (2) a nonrefundable license fee not to exceed $125, if the applicant
  4       has not previously been issued a statewide license or if the applicant's
  5       license has permanently expired;
  6           (3) a full set of fingerprints of the applicant administered by a law
  7       enforcement agency of this state;
  8           (4) a photocopy of a certificate or an affidavit or document as de-
  9       scribed in subsection (b) of section 4; and
10           (5) a full frontal view photograph of the applicant taken within the
11       preceding 30 days.
12           (c) (1) The sheriff, upon receipt of the items listed in subsection (b)
13       of this section or subsection (a) of section 8, shall provide for the full set
14       of fingerprints of the applicant to be taken and forwarded to the bureau
15       for processing for any criminal justice information and shall forward a
16       copy of the application and $100 of the original license fee, or $80 of the
17       renewal license fee, to the bureau. The cost of taking such fingerprints
18       shall be included in the portion of the fee retained by the sheriff.
19           (2) The sheriff of the applicant's county of residence, at the sheriff's
20       discretion, may participate in the process by submitting a voluntary report
21       to the bureau containing any readily discoverable prior information that
22       the sheriff has reason to believe may be pertinent to the licensing of any
23       applicant. Any such voluntary reporting shall be made within 45 days after
24       the date the sheriff receives the application. A sheriff submitting a vol-
25       untary report shall not incur any civil or criminal liability as the result of
26       the good faith submission of such report.
27           (3) All funds received by the sheriff pursuant to the provisions of this
28       section shall be deposited in the general fund of the county and shall be
29       budgeted to the use of the sheriff's office.
30           (d) The bureau shall:
31           (1) Issue the license; or
32           (2) deny the application based solely on: (A) The report submitted
33       by the sheriff under subsection (c)(2); or (B) the ground that the applicant
34       fails to qualify under the criteria listed in section 4. The bureau shall issue
35       the license or deny the application within 180 days after the date of re-
36       ceipt of the items listed in subsection (b), for applications received before
37       July 1, 1999, and within 90 days after the date of receipt of the items
38       listed in subsection (b), for applications received on or after July 1, 1999.
39       If the bureau denies the application, the bureau shall notify the applicant
40       in writing, stating the ground for denial and informing the applicant of
41       any right to a hearing pursuant to the Kansas administrative procedure
42       act.
43           (e) Any law enforcement officer, as defined by K.S.A. 21-3110 and

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  1       amendments thereto, shall be exempt from the fees and background in-
  2       vestigation required by this section for a period of one year subsequent
  3       to the date of retirement of such officer as a law enforcement officer.
  4           New Sec. 6. (a) The bureau shall maintain an automated listing of
  5       licenseholders and pertinent information, and such information shall be
  6       available, upon request, at all times to all law enforcement agencies in
  7       this state.
  8           (b) Within 30 days after the changing of a permanent address, or
  9       within 30 days after having a license lost or destroyed, the licensee shall
10       notify the bureau of such change, loss or destruction. The bureau, upon
11       notice and hearing, may order a licensee to pay a fine of not more than
12       $100, or may suspend the licensee's license for not more than 180 days,
13       for failure to notify the bureau pursuant to the provisions of this subsec-
14       tion.
15           (c) In the event that a concealed weapon license is lost or destroyed,
16       the license shall be automatically invalid, and the person to whom the
17       license was issued, upon payment of $15 to the bureau, may obtain a
18       duplicate, or substitute thereof, upon furnishing a notarized statement to
19       the bureau that such license has been lost or destroyed.
20           New Sec. 7. The bureau shall suspend or revoke at any time, after
21       notice and an opportunity for hearing in accordance with the Kansas
22       administrative procedure act, the license of any person who would be
23       ineligible under section 4 if submitting an application for a license at such
24       time or who fails to submit evidence of requalification as required by
25       subsection (c) of section 4.
26           New Sec. 8. (a) Not less than 90 days prior to the expiration date of
27       the license, the bureau shall mail to the licensee a written notice of the
28       expiration and a renewal form prescribed by the bureau. The licensee
29       must renew the license on or before the expiration date by filing with the
30       sheriff of the applicant's county of residence the renewal form, a notarized
31       affidavit stating that the licensee remains qualified pursuant to the criteria
32       specified in section 4, a completed fingerprint card, a full frontal view
33       photograph of the applicant taken within the preceding 30 days and a
34       nonrefundable license renewal fee not to exceed $100. The license shall
35       be renewed upon receipt of the completed renewal application, finger-
36       print card and appropriate payment of fees. A licensee who fails to file a
37       renewal application on or before the expiration date of the license must
38       pay an additional late fee of $15.
39           (b) If the licensee is qualified as provided by this act, the license shall
40       be renewed upon receipt by the bureau of the items listed in subsection
41       (a).
42           (c) No license shall be renewed six months or more after the expi-
43       ration date of the license, and such license shall be deemed to be per-

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  1       manently expired. A person whose license has been permanently expired
  2       may reapply for licensure but an application for licensure and fees pur-
  3       suant to section 5 must be submitted, and a background investigation
  4       shall be conducted pursuant to the provisions of that section.
  5           New Sec. 9. The application form for an original license and for a
  6       renewal license shall include, in a conspicuous place, the following:
  7       ``WARNING: A false statement on this application may subject the ap-
  8       plicant to prosecution for the crime of perjury (K.S.A. 21-3805).''
  9           New Sec. 10. No license issued pursuant to this act shall authorize
10       the licensee to carry a concealed weapon into:
11           (a) Any place where an activity declared a common nuisance by
12       K.S.A. 22-3901 and amendments thereto is maintained;
13           (b) any police, sheriff or highway patrol station;
14           (c) any detention facility, prison or jail;
15           (d) any courthouse;
16           (e) any courtroom, except that nothing in this section would preclude
17       a judge from carrying a concealed weapon or determining who will carry
18       a concealed weapon in the judge's courtroom;
19           (f) any polling place;
20           (g) any meeting of the governing body of a county, city or other sub-
21       division;
22           (h) any meeting of the legislature or a committee thereof;
23           (i) any school, community college, college, university or professional
24       athletic event not related to firearms;
25           (j) any portion of an establishment licensed to dispense alcoholic liq-
26       uor or cereal malt beverage for consumption on the premises, which
27       portion of the establishment is primarily devoted to such purpose;
28           (k) any elementary or secondary school facility;
29           (l) any community college, college or university facility; or
30           (m) any place where the carrying of firearms is prohibited by federal
31       or state law.
32           New Sec. 11. Nothing in this act shall be construed to prevent:
33           (a) Any public or private employer from restricting or prohibiting in
34       any manner persons licensed under this act from carrying a concealed
35       weapon while on the premises of the employer's business or while en-
36       gaged in the duties of the person's employment by the employer; or
37           (b) any entity owning or operating business premises open to the
38       public from restricting or prohibiting in any manner persons licensed
39       under this act from carrying a concealed weapon while on such premises,
40       provided that the premises are posted, in a manner reasonably likely to
41       come to the attention of persons entering the premises, as premises where
42       carrying a concealed weapon is prohibited.
43           New Sec. 12. It is a class A nonperson misdemeanor for a person

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  1       licensed pursuant to this act to carry a concealed weapon while under the
  2       influence of alcohol or drugs, or both.
  3           New Sec. 13. (a) All moneys received by the bureau pursuant to this
  4       act shall be remitted to the state treasurer who shall deposit the entire
  5       amount in the state treasury and credit it to the concealed weapon licen-
  6       sure fund, which is hereby created in the state treasury.
  7           (b) Moneys in the concealed weapon licensure fund shall be used
  8       only for: (1) Payment of the expenses of administration of the personal
  9       and family act; and (2) transfers to the county law enforcement equipment
10       fund and to the forensic laboratory and materials fee fund as provided by
11       subsection (e).
12           (c) On or before the 10th day of each month, the director of accounts
13       and reports shall transfer from the state general fund to the concealed
14       weapon licensure fund the amount of money certified by the pooled
15       money investment board in accordance with this subsection. Prior to the
16       10th day of each month, the pooled money investment board shall certify
17       to the director of accounts and reports the amount of money equal to the
18       proportionate amount of all the interest credited to the state general fund
19       for the preceding month, pursuant to K.S.A. 75-4210a and amendments
20       thereto, that is attributable to moneys in the concealed weapon licensure
21       fund. Such amount of money shall be determined by the pooled money
22       investment board based on: (1) The average daily balance of moneys in
23       the concealed weapon licensure fund for the preceding month; and (2)
24       the net earnings for the pooled money investment portfolio for the pre-
25       ceding month.
26           (d) All expenditures from the concealed weapon licensure fund shall
27       be made in accordance with appropriation acts upon warrants of the di-
28       rector of accounts and reports issued pursuant to vouchers approved by
29       the director of the bureau for the purposes set forth in this section.
30           (e) The director of the bureau shall certify to the director of accounts
31       and reports on each July 1 and January 1 after moneys are first credited
32       to the concealed weapons licensure fund the amount of moneys in such
33       fund needed to administer this act. On or before the 15th day of each
34       month after moneys are first credited to the concealed weapons licensure
35       fund, the director of accounts and reports shall transfer moneys in the
36       concealed weapons licensure fund as follows: (1) Of the amount in excess
37       of the amount certified by the director of the bureau, 20% shall be cred-
38       ited to the county law enforcement equipment fund; and (2) the remain-
39       ing 80% shall be credited to a separate account in the forensic laboratory
40       and materials fee fund cited in K.S.A. 28-176 and amendments thereto,
41       to be used solely to assist city and county law enforcement agencies to
42       obtain prompt laboratory services from the bureau. Moneys credited to
43       the forensic laboratory and materials fee fund as provided by this sub-

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  1       section shall be used to supplement existing appropriations and shall not
  2       be used to supplant general fund appropriations to the Kansas bureau of
  3       investigation.
  4           New Sec. 14. (a) There is hereby created in the state treasury the
  5       county law enforcement equipment fund.
  6           (b) Moneys in the county law enforcement equipment fund shall be
  7       used only to fund grants to sheriffs' departments for purchases of law
  8       enforcement equipment other than motor vehicles. Such grants shall be
  9       administered by the director of the bureau. Such grants shall be based
10       on applications submitted by sheriffs' departments that demonstrate the
11       need for the equipment for which the grant is sought and substantiate
12       that grant moneys will not be used to supplant existing funding of the
13       recipient sheriff's department.
14           (c) On or before the 10th day of each month, the director of accounts
15       and reports shall transfer from the state general fund to the county law
16       enforcement equipment fund interest earnings based on: (1) The average
17       daily balance of moneys in the county law enforcement equipment fund
18       for the preceding month; and (2) the net earnings rate of the pooled
19       money investment portfolio for the preceding month.
20           (d) All expenditures from the county law enforcement equipment
21       fund shall be made in accordance with appropriation acts upon warrants
22       of the director of accounts and reports issued pursuant to vouchers ap-
23       proved by the director of the bureau for the purposes set forth in this
24       section.
25           New Sec. 15. (a) The director of the bureau shall adopt such rules
26       and regulations as necessary to administer the provisions of this act.
27           (b) On or before January 1 of each year, the director of the bureau
28       shall submit a statistical report to the governor, president of the senate,
29       the senate minority leader, the speaker of the house of representatives
30       and the house minority leader indicating the number of licenses issued,
31       revoked, suspended and denied during the preceding fiscal year.
32           New Sec. 16. (a) The legislature finds as a matter of public policy
33       and fact that it is necessary to provide statewide uniform standards for
34       issuing licenses to carry concealed weapons for self-defense and finds it
35       necessary to occupy the field of regulation of the bearing of concealed
36       weapons for self-defense to ensure that no honest, law-abiding person
37       who qualifies under the provisions of this act is subjectively or arbitrarily
38       denied the person's rights. Any city ordinance or county resolution that
39       regulates, restricts or prohibits the carrying of concealed weapons,
40       whether in effect on the effective date of this act or adopted after that
41       date, shall be null and void.
42           (b) The legislature does not delegate to the bureau the authority to
43       regulate or restrict the issuing of licenses provided for in this act, beyond

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  1       those provisions of this act pertaining to licensing and training. Subjective
  2       or arbitrary actions or rules and regulations which encumber the issuing
  3       process by placing burdens on the applicant beyond those sworn state-
  4       ments and specified documents detailed in this act or which create re-
  5       strictions beyond those specified in this act are in conflict with the intent
  6       of this act and are prohibited.
  7           (c) This act shall be liberally construed to carry out the constitutional
  8       right to bear arms for self-defense. This act is supplemental and additional
  9       to existing rights to bear arms and nothing in this act shall impair or
10       diminish such rights.
11           New Sec. 17. If any provision of this act or the application thereof
12       to any person or circumstance is held invalid, the invalidity shall not affect
13       other provisions or applications of the act which can be given effect with-
14       out the invalid provision or application. To this end the provisions of this
15       act are severable.
16           Sec. 18. K.S.A. 1997 Supp. 12-4516 is hereby amended to read as
17       follows: 12-4516. (a) Except as provided in subsection (b), any person
18       who has been convicted of a violation of a city ordinance of this state may
19       petition the convicting court for the expungement of such conviction if
20       three or more years have elapsed since the person:
21           (1) Satisfied the sentence imposed; or
22           (2) was discharged from probation, parole or a suspended sentence.
23           (b) No person may petition for expungement until five or more years
24       have elapsed since the person satisfied the sentence imposed or was dis-
25       charged from probation, parole, conditional release or a suspended sen-
26       tence, if such person was convicted of the violation of a city ordinance
27       which would also constitute:
28           (1) Vehicular homicide, as defined by K.S.A. 21-3405, and amend-
29       ments thereto;
30           (2) a violation of K.S.A. 8-1567, and amendments thereto;
31           (3) driving while the privilege to operate a motor vehicle on the public
32       highways of this state has been canceled, suspended or revoked, as pro-
33       hibited by K.S.A. 8-262, and amendments thereto;
34           (4) perjury resulting from a violation of K.S.A. 8-261a, and amend-
35       ments thereto;
36           (5) a violation of the provisions of the fifth clause of K.S.A. 8-142,
37       and amendments thereto, relating to fraudulent applications;
38           (6) any crime punishable as a felony wherein a motor vehicle was
39       used in the perpetration of such crime;
40           (7) failing to stop at the scene of an accident and perform the duties
41       required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto;
42           (8) a violation of the provisions of K.S.A. 40-3104, and amendments
43       thereto, relating to motor vehicle liability insurance coverage; or

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  1           (9) a violation of K.S.A. 21-3405b, and amendments thereto.
  2           (c) When a petition for expungement is filed, the court shall set a
  3       date for a hearing thereon and shall give notice thereof to the prosecuting
  4       attorney. The petition shall state: (1) The defendant's full name; (2) the
  5       full name of the defendant at the time of arrest and conviction, if different
  6       than the defendant's current name; (3) the defendant's sex, race, and date
  7       of birth; (4) the crime for which the defendant was convicted; (5) the
  8       date of the defendant's conviction; and (6) the identity of the convicting
  9       court. A municipal court may prescribe a fee to be charged as costs for a
10       person petitioning for an order of expungement pursuant to this section.
11       Any person who may have relevant information about the petitioner may
12       testify at the hearing. The court may inquire into the background of the
13       petitioner and shall have access to any reports or records relating to the
14       petitioner that are on file with the secretary of corrections or the Kansas
15       parole board.
16           (d) At the hearing on the petition, the court shall order the peti-
17       tioner's conviction expunged if the court finds that:
18           (1) The petitioner has not been convicted of a felony in the past two
19       years and no proceeding involving any such crime is presently pending
20       or being instituted against the petitioner;
21           (2) the circumstances and behavior of the petitioner warrant the
22       expungement; and
23           (3) the expungement is consistent with the public welfare.
24           (e) When the court has ordered a conviction expunged, the order of
25       expungement shall state the information required to be contained in the
26       petition. The clerk of the court shall send a certified copy of the order of
27       expungement to the Kansas bureau of investigation which shall notify the
28       federal bureau of investigation, the secretary of corrections and any other
29       criminal justice agency which may have a record of the conviction. After
30       the order of expungement is entered, the petitioner shall be treated as
31       not having been convicted of the crime, except that:
32           (1) Upon conviction for any subsequent crime, the conviction that
33       was expunged may be considered as a prior conviction in determining the
34       sentence to be imposed;
35           (2) the petitioner shall disclose that the conviction occurred if asked
36       about previous convictions (A) in any application for employment as a
37       detective with a private detective agency, as defined by K.S.A. 75-7b01,
38       and amendments thereto; as security personnel with a private patrol op-
39       erator, as defined by K.S.A. 75-7b01, and amendments thereto; with a
40       criminal justice agency, as defined by K.S.A. 22-4701, and amendments
41       thereto; or with an institution, as defined in K.S.A. 76-12a01, and amend-
42       ments thereto, of the department of social and rehabilitation services; (B)
43       in any application for admission, or for an order of reinstatement, to the

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  1       practice of law in this state; (C) to aid in determining the petitioner's
  2       qualifications for employment with the Kansas lottery or for work in sen-
  3       sitive areas within the Kansas lottery as deemed appropriate by the ex-
  4       ecutive director of the Kansas lottery; (D) to aid in determining the pe-
  5       titioner's qualifications for executive director of the Kansas racing
  6       commission, for employment with the commission or for work in sensitive
  7       areas in parimutuel racing as deemed appropriate by the executive direc-
  8       tor of the commission, or to aid in determining qualifications for licensure
  9       or renewal of licensure by the commission; (E) upon application for a
10       commercial driver's license under K.S.A. 8-2,125 through 8-2,142, and
11       amendments thereto; (F) to aid in determining the petitioner's qualifi-
12       cations to be an employee of the state gaming agency;   or (G) to aid in
13       determining the petitioner's qualifications to be an employee of a tribal
14       gaming commission or to hold a license issued pursuant to a tribal-state
15       gaming compact; or (H) to aid in determining the petitioner's qualifica-
16       tions for a license to carry a concealed weapon pursuant to the personal
17       and family protection act;
18           (3) the court, in the order of expungement, may specify other cir-
19       cumstances under which the conviction is to be disclosed; and
20           (4) the conviction may be disclosed in a subsequent prosecution for
21       an offense which requires as an element of such offense a prior conviction
22       of the type expunged.
23           (f) Whenever a person is convicted of an ordinance violation, pleads
24       guilty and pays a fine for such a violation, is placed on parole or probation
25       or is granted a suspended sentence for such a violation, the person shall
26       be informed of the ability to expunge the conviction.
27           (g) Subject to the disclosures required pursuant to subsection (e), in
28       any application for employment, license or other civil right or privilege,
29       or any appearance as a witness, a person whose conviction of an offense
30       has been expunged under this statute may state that such person has never
31       been convicted of such offense.
32           (h) Whenever the record of any conviction has been expunged under
33       the provisions of this section or under the provisions of any other existing
34       or former statute, the custodian of the records of arrest, conviction and
35       incarceration relating to that crime shall not disclose the existence of such
36       records, except when requested by:
37           (1) The person whose record was expunged;
38           (2) a criminal justice agency, private detective agency or a private
39       patrol operator, and the request is accompanied by a statement that the
40       request is being made in conjunction with an application for employment
41       with such agency or operator by the person whose record has been ex-
42       punged;
43           (3) a court, upon a showing of a subsequent conviction of the person

HB 2892

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  1       whose record has been expunged;
  2           (4) the secretary of social and rehabilitation services, or a designee of
  3       the secretary, for the purpose of obtaining information relating to em-
  4       ployment in an institution, as defined in K.S.A. 76-12a01, and amend-
  5       ments thereto, of the department of social and rehabilitation services of
  6       any person whose record has been expunged;
  7           (5) a person entitled to such information pursuant to the terms of the
  8       expungement order;
  9           (6) a prosecuting attorney, and such request is accompanied by a
10       statement that the request is being made in conjunction with a prosecu-
11       tion of an offense that requires a prior conviction as one of the elements
12       of such offense;
13           (7) the supreme court, the clerk or disciplinary administrator thereof,
14       the state board for admission of attorneys or the state board for discipline
15       of attorneys, and the request is accompanied by a statement that the
16       request is being made in conjunction with an application for admission,
17       or for an order of reinstatement, to the practice of law in this state by the
18       person whose record has been expunged;
19           (8) the Kansas lottery, and the request is accompanied by a statement
20       that the request is being made to aid in determining qualifications for
21       employment with the Kansas lottery or for work in sensitive areas within
22       the Kansas lottery as deemed appropriate by the executive director of the
23       Kansas lottery;
24           (9) the governor or the Kansas racing commission, or a designee of
25       the commission, and the request is accompanied by a statement that the
26       request is being made to aid in determining qualifications for executive
27       director of the commission, for employment with the commission, for
28       work in sensitive areas in parimutuel racing as deemed appropriate by
29       the executive director of the commission or for licensure, renewal of
30       licensure or continued licensure by the commission;   or
31           (10) the state gaming agency, and the request is accompanied by a
32       statement that the request is being made to aid in determining qualifi-
33       cations: (A) To be an employee of the state gaming agency; or (B) to be
34       an employee of a tribal gaming commission or to hold a license issued
35       pursuant to a tribal-state gaming compact; or
36           (11) the Kansas bureau of investigation and the request is accompa-
37       nied by a statement that the request is being made to aid in determining
38       qualifications for a license to carry a concealed weapon pursuant to the
39       personal and family protection act.
40           Sec. 19. K.S.A. 1997 Supp. 21-4201 is hereby amended to read as
41       follows: 21-4201. (a) Criminal use of weapons is knowingly:
42           (1) Selling, manufacturing, purchasing, possessing or carrying any
43       bludgeon, sandclub, metal knuckles or throwing star, or any knife, com-

HB 2892

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  1       monly referred to as a switch-blade, which has a blade that opens auto-
  2       matically by hand pressure applied to a button, spring or other device in
  3       the handle of the knife, or any knife having a blade that opens or falls or
  4       is ejected into position by the force of gravity or by an outward, downward
  5       or centrifugal thrust or movement;
  6           (2) carrying concealed on one's person, or possessing with intent to
  7       use the same unlawfully against another, a dagger, dirk, billy, blackjack,
  8       slung shot, dangerous knife, straight-edged razor, stiletto or any other
  9       dangerous or deadly weapon or instrument of like character, except that
10       an ordinary pocket knife with no blade more than four inches in length
11       shall not be construed to be a dangerous knife, or a dangerous or deadly
12       weapon or instrument;
13           (3) carrying on one's person or in any land, water or air vehicle, with
14       intent to use the same unlawfully, a tear gas or smoke bomb or projector
15       or any object containing a noxious liquid, gas or substance;
16           (4) carrying any pistol, revolver or other firearm concealed on one's
17       person except when on the person's land or in the person's abode or fixed
18       place of business;
19           (5) setting a spring gun;
20           (6) possessing any device or attachment of any kind designed, used
21       or intended for use in silencing the report of any firearm;
22           (7) selling, manufacturing, purchasing, possessing or carrying a shot-
23       gun with a barrel less than 18 inches in length or any other firearm de-
24       signed to discharge or capable of discharging automatically more than
25       once by a single function of the trigger;
26           (8) possessing, manufacturing, causing to be manufactured, selling,
27       offering for sale, lending, purchasing or giving away any cartridge which
28       can be fired by a handgun and which has a plastic-coated bullet that has
29       a core of less than 60% lead by weight; or
30           (9) possessing or transporting any incendiary or explosive material,
31       liquid, solid or mixture, equipped with a fuse, wick or any other detonat-
32       ing device, commonly known as a molotov cocktail or a pipe bomb.
33           (b) Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affect
34       any of the following:
35           (1) Law enforcement officers, or any person summoned by any such
36       officers to assist in making arrests or preserving the peace while actually
37       engaged in assisting such officer;
38           (2) wardens, superintendents, directors, security personnel and keep-
39       ers of prisons, penitentiaries, jails and other institutions for the detention
40       of persons accused or convicted of crime, while acting within the scope
41       of their authority;
42           (3) members of the armed services or reserve forces of the United
43       States or the Kansas national guard while in the performance of their

HB 2892

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  1       official duty; or
  2           (4) manufacture of, transportation to, or sale of weapons to a person
  3       authorized under subsections (b)(1), (2) and (3) to possess such weapons.
  4           (c) Subsection (a)(4) shall not apply to or affect the following:
  5           (1) Watchmen, while actually engaged in the performance of the du-
  6       ties of their employment;
  7           (2) licensed hunters or fishermen, while engaged in hunting or fish-
  8       ing;
  9           (3) private detectives licensed by the state to carry the firearm in-
10       volved, while actually engaged in the duties of their employment;
11           (4) detectives or special agents regularly employed by railroad com-
12       panies or other corporations to perform full-time security or investigative
13       service, while actually engaged in the duties of their employment;
14           (5) the state fire marshal, the state fire marshal's deputies or any
15       member of a fire department authorized to carry a firearm pursuant to
16       K.S.A. 31-157 and amendments thereto, while engaged in an investigation
17       in which such fire marshal, deputy or member is authorized to carry a
18       firearm pursuant to K.S.A. 31-157 and amendments thereto; or
19           (6) special deputy sheriffs described in K.S.A. 1997 Supp. 19-827 who
20       have satisfactorily completed the basic course of instruction required for
21       permanent appointment as a part-time law enforcement officer under
22       K.S.A. 74-5607a and amendments thereto.
23           (d) Subsections (a)(1), (6) and (7) shall not apply to any person who
24       sells, purchases, possesses or carries a firearm, device or attachment
25       which has been rendered unserviceable by steel weld in the chamber and
26       marriage weld of the barrel to the receiver and which has been registered
27       in the national firearms registration and transfer record in compliance
28       with 26 U.S.C. 5841 et seq. in the name of such person and, if such person
29       transfers such firearm, device or attachment to another person, has been
30       so registered in the transferee's name by the transferor.
31           (e) Subsection (a)(8) shall not apply to a governmental laboratory or
32       solid plastic bullets.
33           (f) Subsection (a)(4) shall not apply to any person carrying a con-
34       cealed weapon as authorized by sections 1 through 17.
35           (g) It shall be a defense that the defendant is within an exemption.
36             (g) (h) Violation of subsections (a)(1) through (a)(5) or subsection
37       (a)(9) is a class A nonperson misdemeanor. Violation of subsection (a)(6),
38       (a)(7) or (a)(8) is a severity level 9, nonperson felony.
39             (h) (i) As used in this section, ``throwing star'' means any instrument,
40       without handles, consisting of a metal plate having three or more radiating
41       points with one or more sharp edges and designed in the shape of a
42       polygon, trefoil, cross, star, diamond or other geometric shape, manufac-
43       tured for use as a weapon for throwing.

HB 2892

15

  1           Sec. 20. K.S.A. 1997 Supp. 21-4619 is hereby amended to read as
  2       follows: 21-4619. (a) Except as provided in subsections (b) and (c), any
  3       person convicted in this state of a traffic infraction, cigarette or tobacco
  4       infraction, misdemeanor or a class D or E felony, or for crimes committed
  5       on or after July 1, 1993, nondrug crimes ranked in severity levels 6
  6       through 10 or any felony ranked in severity level 4 of the drug grid, may
  7       petition the convicting court for the expungement of such conviction if
  8       three or more years have elapsed since the person: (1) Satisfied the sen-
  9       tence imposed; or (2) was discharged from probation, a community cor-
10       rectional services program, parole, postrelease supervision, conditional
11       release or a suspended sentence.
12           (b) Except as provided in subsection (c), no person may petition for
13       expungement until five or more years have elapsed since the person sat-
14       isfied the sentence imposed or was discharged from probation, a com-
15       munity correctional services program, parole, postrelease supervision,
16       conditional release or a suspended sentence, if such person was convicted
17       of a class A, B or C felony, or for crimes committed on or after July 1,
18       1993, if convicted of an off-grid felony or any nondrug crime ranked in
19       severity levels 1 through 5 or any felony ranked in severity levels 1 through
20       3 of the drug grid, or:
21           (1) Vehicular homicide, as defined by K.S.A. 21-3405 and amend-
22       ments thereto or as prohibited by any law of another state which is in
23       substantial conformity with that statute;
24           (2) a violation of K.S.A. 8-1567 and amendments thereto, or a viola-
25       tion of any law of another state, which declares to be unlawful the acts
26       prohibited by that statute;
27           (3) driving while the privilege to operate a motor vehicle on the public
28       highways of this state has been canceled, suspended or revoked, as pro-
29       hibited by K.S.A. 8-262 and amendments thereto or as prohibited by any
30       law of another state which is in substantial conformity with that statute;
31           (4) perjury resulting from a violation of K.S.A. 8-261a and amend-
32       ments thereto or resulting from the violation of a law of another state
33       which is in substantial conformity with that statute;
34           (5) violating the provisions of the fifth clause of K.S.A. 8-142 and
35       amendments thereto, relating to fraudulent applications or violating the
36       provisions of a law of another state which is in substantial conformity with
37       that statute;
38           (6) any crime punishable as a felony wherein a motor vehicle was
39       used in the perpetration of such crime;
40           (7) failing to stop at the scene of an accident and perform the duties
41       required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto,
42       or required by a law of another state which is in substantial conformity
43       with those statutes;

HB 2892

16

  1           (8) violating the provisions of K.S.A. 40-3104 and amendments
  2       thereto, relating to motor vehicle liability insurance coverage; or
  3           (9) a violation of K.S.A. 21-3405b, and amendments thereto.
  4           (c) There shall be no expungement of convictions for the following
  5       offenses or of convictions for an attempt to commit any of the following
  6       offenses: (1) Rape as defined in subsection (a)(2) of K.S.A. 21-3502 and
  7       amendments thereto; (2) indecent liberties with a child as defined in
  8       K.S.A. 21-3503 and amendments thereto; (3) aggravated indecent liber-
  9       ties with a child as defined in K.S.A. 21-3504 and amendments thereto;
10       (4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21-
11       3505 and amendments thereto; (5) aggravated criminal sodomy as defined
12       in K.S.A. 21-3506 and amendments thereto; (6) indecent solicitation of a
13       child as defined in K.S.A. 21-3510 and amendments thereto; (7) aggra-
14       vated indecent solicitation of a child as defined in K.S.A. 21-3511 and
15       amendments thereto; (8) sexual exploitation of a child as defined in K.S.A.
16       21-3516 and amendments thereto; (9) aggravated incest as defined in
17       K.S.A. 21-3603 and amendments thereto; (10) endangering a child as
18       defined in K.S.A. 21-3608 and amendments thereto; (11) abuse of a child
19       as defined in K.S.A. 21-3609 and amendments thereto; or (12) any con-
20       viction for any offense in effect at any time prior to the effective date of
21       this act, that is comparable to any offense as provided in this subsection.
22           (d) When a petition for expungement is filed, the court shall set a
23       date for a hearing thereon and shall give notice thereof to the prosecuting
24       attorney. The petition shall state: (1) The defendant's full name; (2) the
25       full name of the defendant at the time of arrest and conviction, if different
26       than the defendant's current name; (3) the defendant's sex, race and date
27       of birth; (4) the crime for which the defendant was convicted; (5) the
28       date of the defendant's conviction; and (6) the identity of the convicting
29       court. There shall be no docket fee for filing a petition pursuant to this
30       section. All petitions for expungement shall be docketed in the original
31       criminal action. Any person who may have relevant information about the
32       petitioner may testify at the hearing. The court may inquire into the
33       background of the petitioner and shall have access to any reports or rec-
34       ords relating to the petitioner that are on file with the secretary of cor-
35       rections or the Kansas parole board.
36           (e) At the hearing on the petition, the court shall order the peti-
37       tioner's conviction expunged if the court finds that:
38           (1) The petitioner has not been convicted of a felony in the past two
39       years and no proceeding involving any such crime is presently pending
40       or being instituted against the petitioner;
41           (2) the circumstances and behavior of the petitioner warrant the
42       expungement; and
43           (3) the expungement is consistent with the public welfare.

HB 2892

17

  1           (f) When the court has ordered a conviction expunged, the order of
  2       expungement shall state the information required to be contained in the
  3       petition. The clerk of the court shall send a certified copy of the order of
  4       expungement to the Kansas bureau of investigation which shall notify the
  5       federal bureau of investigation, the secretary of corrections and any other
  6       criminal justice agency which may have a record of the conviction. After
  7       the order of expungement is entered, the petitioner shall be treated as
  8       not having been convicted of the crime, except that:
  9           (1) Upon conviction for any subsequent crime, the conviction that
10       was expunged may be considered as a prior conviction in determining the
11       sentence to be imposed;
12           (2) the petitioner shall disclose that the conviction occurred if asked
13       about previous convictions (A) in any application for employment as a
14       detective with a private detective agency, as defined by K.S.A. 75-7b01
15       and amendments thereto; as security personnel with a private patrol op-
16       erator, as defined by K.S.A. 75-7b01 and amendments thereto; with a
17       criminal justice agency, as defined by K.S.A. 22-4701 and amendments
18       thereto; or with an institution, as defined in K.S.A. 76-12a01 and amend-
19       ments thereto, of the department of social and rehabilitation services; (B)
20       in any application for admission, or for an order of reinstatement, to the
21       practice of law in this state; (C) to aid in determining the petitioner's
22       qualifications for employment with the Kansas lottery or for work in sen-
23       sitive areas within the Kansas lottery as deemed appropriate by the ex-
24       ecutive director of the Kansas lottery; (D) to aid in determining the pe-
25       titioner's qualifications for executive director of the Kansas racing
26       commission, for employment with the commission or for work in sensitive
27       areas in parimutuel racing as deemed appropriate by the executive direc-
28       tor of the commission, or to aid in determining qualifications for licensure
29       or renewal of licensure by the commission;   or (E) upon application for a
30       commercial driver's license under K.S.A. 8-2,125 through 8-2,142, and
31       amendments thereto; or (F) to aid in determining the petitioner's quali-
32       fications for a license to carry a concealed weapon pursuant to the per-
33       sonal and family protection act;
34           (3) the court, in the order of expungement, may specify other cir-
35       cumstances under which the conviction is to be disclosed;
36           (4) the conviction may be disclosed in a subsequent prosecution for
37       an offense which requires as an element of such offense a prior conviction
38       of the type expunged; and
39           (5) upon commitment to the custody of the secretary of corrections,
40       any previously expunged record in the possession of the secretary of cor-
41       rections may be reinstated and the expungement disregarded, and the
42       record continued for the purpose of the new commitment.
43           (g) Whenever a person is convicted of a crime, pleads guilty and pays

HB 2892

18

  1       a fine for a crime, is placed on parole, postrelease supervision or proba-
  2       tion, is assigned to a community correctional services program, is granted
  3       a suspended sentence or is released on conditional release, the person
  4       shall be informed of the ability to expunge the conviction.
  5           (h) Subject to the disclosures required pursuant to subsection (f), in
  6       any application for employment, license or other civil right or privilege,
  7       or any appearance as a witness, a person whose conviction of a crime has
  8       been expunged under this statute may state that such person has never
  9       been convicted of such crime, but the expungement of a felony conviction
10       does not relieve an individual of complying with any state or federal law
11       relating to the use or possession of firearms by persons convicted of a
12       felony.
13           (i) Whenever the record of any conviction has been expunged under
14       the provisions of this section or under the provisions of any other existing
15       or former statute, the custodian of the records of arrest, conviction and
16       incarceration relating to that crime shall not disclose the existence of such
17       records, except when requested by:
18           (1) The person whose record was expunged;
19           (2) a criminal justice agency, private detective agency or a private
20       patrol operator, and the request is accompanied by a statement that the
21       request is being made in conjunction with an application for employment
22       with such agency or operator by the person whose record has been ex-
23       punged;
24           (3) a court, upon a showing of a subsequent conviction of the person
25       whose record has been expunged;
26           (4) the secretary of social and rehabilitation services, or a designee of
27       the secretary, for the purpose of obtaining information relating to em-
28       ployment in an institution, as defined in K.S.A. 76-12a01 and amend-
29       ments thereto, of the department of social and rehabilitation services of
30       any person whose record has been expunged;
31           (5) a person entitled to such information pursuant to the terms of the
32       expungement order;
33           (6) a prosecuting attorney, and such request is accompanied by a
34       statement that the request is being made in conjunction with a prosecu-
35       tion of an offense that requires a prior conviction as one of the elements
36       of such offense;
37           (7) the supreme court, the clerk or disciplinary administrator thereof,
38       the state board for admission of attorneys or the state board for discipline
39       of attorneys, and the request is accompanied by a statement that the
40       request is being made in conjunction with an application for admission,
41       or for an order of reinstatement, to the practice of law in this state by the
42       person whose record has been expunged;
43           (8) the Kansas lottery, and the request is accompanied by a statement

HB 2892

19

  1       that the request is being made to aid in determining qualifications for
  2       employment with the Kansas lottery or for work in sensitive areas within
  3       the Kansas lottery as deemed appropriate by the executive director of the
  4       Kansas lottery;
  5           (9) the governor or the Kansas racing commission, or a designee of
  6       the commission, and the request is accompanied by a statement that the
  7       request is being made to aid in determining qualifications for executive
  8       director of the commission, for employment with the commission, for
  9       work in sensitive areas in parimutuel racing as deemed appropriate by
10       the executive director of the commission or for licensure, renewal of
11       licensure or continued licensure by the commission;   or
12           (10) the Kansas sentencing commission; or
13           (11) the Kansas bureau of investigation and the request is accompa-
14       nied by a statement that the request is being made to aid in determining
15       qualifications for a license to carry a concealed weapon pursuant to the
16       personal and family protection act.
17           Sec. 21. K.S.A. 1997 Supp. 12-4516, 21-4201 and 21-4619 are hereby
18       repealed.
19           Sec. 22. This act shall take effect and be in force from and after its
20       publication in the statute book.
21      
22