As Amended by House Committee
          
Session of 1999
         
HOUSE BILL No. 2278
         
By Committee on Judiciary
          
2-4
          
10             AN  ACT concerning law enforcement training; amending K.S.A. 1998
11             Supp. 74-5602, 74-5605, 74-5607a, 74-5616 and 74-5617 and repealing
12             the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1998 Supp. 74-5602 is hereby amended to read as
16       follows: 74-5602. As used in the Kansas law enforcement training act:
17             (a) "Training center" means the law enforcement training center
18       within the division of continuing education of the university of Kansas,
19       created by K.S.A. 74-5603 and amendments thereto.
20             (b) "Commission" means the Kansas law enforcement training com-
21       mission, created by K.S.A. 74-5606 and amendments thereto.
22             (c) "Dean" means the dean of the division of continuing education
23       of the university of Kansas.
24             (d) "Director," as created in K.S.A. 74-5603 and amendments
25       thereto, means the director of police training at the law enforcement
26       training center.
27             (e) "Police officer" or "law enforcement officer" means a full-time or
28       part-time salaried officer or employee of the state, a county or a city,
29       whose duties include the prevention or detection of crime and the en-
30       forcement of the criminal or traffic laws of this state or of any municipality
31       thereof. Such terms shall include, but not be limited to, the sheriff, un-
32       dersheriff and full-time or part-time salaried deputies in the sheriff's of-
33       fice in each county; deputy sheriffs deputized pursuant to K.S.A. 19-2858
34       and amendments thereto; conservation officers of the Kansas department
35       of wildlife and parks; campus police officers at all state educational insti-
36       tutions or a municipal university; law enforcement agents of the director
37       of alcoholic beverage control; law enforcement agents of the Kansas lot-
38       tery; law enforcement agents of the Kansas racing commission; deputies
39       and assistants of the state fire marshal having law enforcement authority;
40       capitol area security guards, existing under the authority of K.S.A. 75-
41       4503 and amendments thereto. Such terms shall also include railroad
42       policemen appointed pursuant to K.S.A. 66-524 and amendments
43       thereto; and school security officers designated as school law enforcement

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  1       officers pursuant to K.S.A. 72-8222 and amendments thereto. Such terms
  2       shall not include any elected official, other than a sheriff, serving in the
  3       capacity of a law enforcement or police officer solely by virtue of such
  4       official's elected position; any attorney-at-law having responsibility for law
  5       enforcement and discharging such responsibility solely in the capacity of
  6       an attorney; any employee of the secretary of corrections or the secretary
  7       of social and rehabilitation services; any deputy conservation officer of
  8       the Kansas department of wildlife and parks; or any employee of a city
  9       or county who is employed solely to perform correctional duties related
10       to jail inmates and the administration and operation of a jail; or any full-
11       time or part-time salaried officer or employee whose duties include the
12       issuance of a citation or notice to appear provided such officer or em-
13       ployee is not vested by law with the authority to make an arrest for vio-
14       lation of the laws of this state or any municipality thereof, and is not
15       authorized to carry firearms when discharging the duties of such person's
16       office or employment. Such term shall include any officer appointed or
17       elected on a provisional basis.
18             (f) "Full-time" means employment service as a police or law enforce-
19       ment officer requiring at least 1,000 hours of work per year.
20             (g) "Part-time" means employment on a regular schedule or employ-
21       ment which requires a minimum number of hours each payroll period,
22       but in any case requiring service as a police or law enforcement officer
23       involving less than 1,000 hours of work per year and includes members
24       of organized nonpaid groups or individuals which operate as an adjunct
25       to a police or sheriff's department, including reserve officers, posses and
26       search and rescue groups.
27             (h) "Misdemeanor crime of domestic violence" means a violation of
28       domestic battery as defined by subsection (c)(4) of K.S.A. 21-3412 and
29       amendments thereto, or any other misdemeanor under federal, municipal
30       or state law that has as an element the use or attempted use of physical
31       force, or the threatened use of a deadly weapon, committed by a current
32       or former spouse, parent, or guardian of the victim, by a person with
33       whom the victim shares a child in common, by a person who is cohabiting
34       with or has cohabited with the victim as a spouse, parent or guardian, or
35       by a person similarly situated to a spouse, parent or guardian of the victim.
36             (i) "Auxiliary personnel" means members of organized nonsalaried
37       groups which operate as an adjunct to a police or sheriff's department,
38       including reserve officers, posses and search and rescue groups.
39             Sec.  2. K.S.A. 1998 Supp. 74-5605 is hereby amended to read as
40       follows: 74-5605. Every applicant for admission to a course for police
41       officers or law enforcement officers conducted by the training center shall
42       be an employee or officer of a state, county or city law enforcement
43       agency, a municipal university police officer, a railroad policeman ap-

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  1       pointed pursuant to K.S.A. 66-524, and amendments thereto; an em-
  2       ployee of the tribal law enforcement agency of an Indian nation that has
  3       entered into a tribal-state gaming compact with this state; or a school
  4       security officer designated as a school law enforcement officer pursuant
  5       to K.S.A. 72-8222, and amendments thereto. Prior to admission to a
  6       course conducted at the training center or at a certified state or local law
  7       enforcement agency, the applicant shall furnish to the director a state-
  8       ment from the applicant's appointing authority or agency head certifying
  9       the applicant's fulfillment of the following requirements. The applicant:
10             (a) Is a United States citizen;
11             (b) has been fingerprinted and a search of local, state and national
12       fingerprint files has been made to determine whether the applicant has
13       a criminal record;
14             (c) has not been convicted, does not have an expunged conviction,
15       and on and after July 1, 1995, has not been placed on diversion by any
16       state or the federal government for a crime which is a felony or its equiv-
17       alent under the uniform code of military justice;
18             (d) has not been convicted, does not have an expunged conviction,
19       has not been placed on diversion by any state or the federal government
20       for a misdemeanor crime of domestic violence or its equivalent under the
21       uniform code of military justice, when such misdemeanor crime of do-
22       mestic violence was committed on or after the effective date of this act;
23             (e) is the holder of a high-school diploma or furnishes evidence of
24       successful completion of an examination indicating an equivalent
25       achievement;
26             (f) is of good moral character;
27             (g) has completed a psychological test approved by the commission;
28             (h) is free of any physical or mental condition which might adversely
29       affect the applicant's performance of a police officer's or law enforcement
30       officer's duties; and
31             (i) is at least 21 years of age.
32             Sec.  3. K.S.A. 1998 Supp. 74-5607a is hereby amended to read as
33       follows: 74-5607a. (a) No person shall receive a permanent appointment
34       as a full-time police officer or law enforcement officer, unless such officer
35       has been awarded a certificate attesting to satisfactory completion of a
36       course of not less than 320 hours of accredited instruction at the training
37       center or at a certified state or local law enforcement training school or
38       has been awarded such a certificate for not less than the number of hours
39       of instruction required by the Kansas law enforcement training act at the
40       time such certificate was issued or received a permanent appointment as
41       a full-time police officer or law enforcement officer prior to July 1, 1969,
42       or was appointed a railroad policeman pursuant to K.S.A. 66-524, and
43       amendments thereto, on or before January 1, 1982. No person shall re-

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  1       ceive a permanent appointment as a part-time police officer or law en-
  2       forcement officer, unless such officer has been awarded a certificate at-
  3       testing to the satisfactory completion of the basic course of not less than
  4       80 hours of accredited instruction in law enforcement at the training
  5       center or at a certified state or local law enforcement training school or
  6       was actively serving as a nonpaid volunteer police officer or law enforce-
  7       ment officer or as a nonpaid reserve police or law enforcement officer
  8       prior to July 1, 1999, and whose status as such officer has been cer-
  9       tified to the training center, by such officer's agency head, on
10       forms approved by the training center, on or before December 31,
11       1999.
12             (b) Beginning the second year after certification, every full-time po-
13       lice officer or law enforcement officer shall complete annually 40 hours
14       of law enforcement education or training in subjects relating directly to
15       law enforcement. Failure to complete such training shall be grounds for
16       suspension from work without pay until such training is completed. The
17       director with the approval of the commission shall adopt rules and reg-
18       ulations regarding such education or training. Every city, county and state
19       agency shall annually send to the director certified reports of the com-
20       pletion of such education or training. Beginning the second year after
21       certification, every part-time police officer or law enforcement officer shall
22       complete annually 16 hours of law enforcement education or training in
23       subjects relating directly to law enforcement. Failure to complete such
24       training shall be grounds for suspension from work without pay and/or
25       suspension or revocation of certification, until such training is completed.
26       The director with the approval of the commission shall adopt rules and
27       regulations regarding such education or training. Every city, county and
28       state agency shall annually send to the director certified reports of the
29       completion of such education or training. The director shall maintain a
30       record of the reports in the central registry.
31             (c) Subject to the provisions of subsection (d):
32             (1) Any person who is appointed or elected as a police officer or law
33       enforcement officer and who does not hold a certificate as required by
34       subsection (a) may be elected or appointed as an officer on a provisional
35       basis for a period of not more than one year. Any person appointed as a
36       police officer or law enforcement officer on a provisional basis who does
37       not receive the certificate required under subsection (a) within one year
38       following the date of the person's original election or appointment shall
39       forfeit such office or position at the end of such one-year period. Any
40       person appointed as a police officer or law enforcement officer on a pro-
41       visional basis who does not receive the certificate required under subsec-
42       tion (a) within one year following such original appointment shall not be
43       reappointed as a police officer or law enforcement officer on a provisional

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  1       basis within one year following the date on which such person last served
  2       as a police officer or law enforcement officer.
  3             (2) Any police officer or law enforcement officer who does not com-
  4       plete the education or training required by subsection (b) by the date
  5       such education or training is required to have been completed shall be
  6       subject to revocation or suspension of certification and loss of the officer's
  7       office or position.
  8             (d) The director may extend the one-year time period for the 320
  9       hour basic-reciprocity school or 80 hour part-time school and may extend,
10       waive or modify the annual continuing education requirement, when it is
11       shown that the failure to comply with the requirements of subsection (a)
12       or (b) was not due to the intentional avoidance of the law.
13             Sec.  4. K.S.A. 1998 Supp. 74-5616 is hereby amended to read as
14       follows: 74-5616. (a) To be eligible for permanent appointment as a police
15       officer or law enforcement officer, a person must first be certified to
16       perform the function of law enforcement by the Kansas law enforcement
17       training commission. The commission's certification shall be awarded to
18       persons who:
19             (1) Are at least 21 years of age, have successfully completed or sat-
20       isfied the training requirements specified by subsection (a) of K.S.A. 74-
21       5607a and amendments thereto and meet the requirements of K.S.A. 74-
22       5605 and amendments thereto; (2) received a permanent appointment as
23       a full-time police officer or law enforcement officer prior to July 1, 1969,
24       or was actively serving as a nonpaid volunteer police officer or law en-
25       forcement officer or as a nonpaid reserve police officer or law enforcement
26       officer prior to July 1, 1999, and whose status as such officer has been
27       certified to the training center on or before December 31, 1999;
28       or (3) hold a permanent appointment as a paid or salaried part-time police
29       officer or law enforcement officer on July 1, 1983.
30             (b) The commission may suspend, revoke or deny the certification of
31       a police officer or law enforcement officer who fails to meet the require-
32       ments of K.S.A. 74-5605 or 74-5607a, and amendments thereto, or has
33       met such requirements by falsifying documents or failing to disclose in-
34       formation required for certification.
35             (c) The commission shall immediately institute proceedings to revoke
36       the certification of any police officer or law enforcement officer convicted
37       of, or on or after July 1, 1995, diverted for a felony under the laws of this
38       state, another state or the United States or of its equivalent under the
39       uniform code of military justice or convicted of or diverted for a misde-
40       meanor crime of domestic violence under the laws of this state, another
41       state or the United States or of its equivalent under the uniform code of
42       military justice, when such misdemeanor crime of domestic violence was
43       committed on or after the effective date of this act.

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  1             (d) The procedure for the public or private censure, reprimand, pro-
  2       bation, suspension, revocation and denial of certification of a person as a
  3       police officer or law enforcement officer or an applicant for certification
  4       shall be in accordance with the Kansas administrative procedure act.
  5             (e) Any action of the commission pursuant to subsection (d) is subject
  6       to review in accordance with the act for judicial review and civil enforce-
  7       ment of agency actions. The attorney general shall prosecute or defend
  8       any action for review on behalf of the state, but the county or district
  9       attorney of the county where the police or law enforcement officer has
10       been employed as such shall appear and prosecute or defend such action
11       upon request of the attorney general.
12             Sec.  5. K.S.A. 1998 Supp. 74-5617 is hereby amended to read as
13       follows: 74-5617. (a) Every candidate for permanent appointment to a
14       position as a police officer or law enforcement officer shall meet the
15       minimum training criteria specified in K.S.A. 74-5605 and amendments
16       thereto and shall have attained 21 years of age.
17             (b) For the purpose of determining the eligibility of an individual for
18       certification under this act, the commission may require the submission
19       of training and education records, and experience history, medical history,
20       medical examination reports and records, and interview appraisal forms.
21             (c) Law enforcement agencies in Kansas shall be responsible for their
22       agency's observance of the hiring requirements of this section.
23             (d) No law enforcement agency head or other appointing authority
24       shall knowingly permit the hiring initial or permanent appointment of
25       any person in violation of the requirements of this act, or knowingly per-
26       mit the continued employment appointment of any person as a law en-
27       forcement officer after receiving written notice from the commission that
28       the person has had such person's certification revoked as provided for
29       under this act. No law enforcement agency head or other appointing
30       authority shall knowingly permit any auxiliary personnel who have been
31       convicted of a felony offense under the laws of Kansas or any other ju-
32       risdiction access to law enforcement records or communication systems
33       that are restricted under state or federal law or appoint as a reserve officer
34       any person who does not meet the requirements of K.S.A. 74-5605 and
35       amendments thereto. Any violation of the requirements of this act shall
36       be deemed to constitute misconduct in office and shall subject the agency
37       head or appointing authority to:
38             (1) Removal from office pursuant to K.S.A. 60-1205 and amendments
39       thereto; or (2) a civil penalty in a sum set by the court of not to exceed
40       $500 for each occurrence of noncompliance in an action brought in the
41       district court by the attorney general or by the county or district attorney,
42       which penalty shall be paid to the state treasurer for deposit in the state
43       treasury and credit to the state general fund, if the action is brought by

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  1       the attorney general, or paid to the county treasurer for deposit in the
  2       county treasury and credit to the county general fund, if the action is
  3       brought by the county or district attorney.
  4             (e) Whenever in the judgment of the commission any person has
  5       engaged in any acts or practices which constitute a violation of this act,
  6       or any rules and regulations of the commission, the commission may make
  7       application to the district court, without giving bond, for civil enforcement
  8       of this act or rules and regulations in accordance with the act for judicial
  9       review and civil enforcement of agency actions. The district or county
10       attorney of any county shall at the request of the commission render such
11       legal assistance as necessary in carrying out the provisions of this act.
12       Upon the request of the commission, the district or county attorney of
13       the proper county shall institute in the name of the state or commission
14       proceedings for appropriate relief, whether mandatory, injunctive or de-
15       claratory, preliminary or final, temporary or permanent, equitable or le-
16       gal, against any person regarding whom a complaint has been made charg-
17       ing such person with the violation of any provision of this act.
18             (f) The commission shall make such inquiry as necessary to determine
19       compliance with the requirements of this section and the rules and reg-
20       ulations adopted under it.
21             (g) It shall be the responsibility of the agency head to ensure that
22       every police officer or law enforcement officer under their supervision
23       has the opportunity to receive the mandatory training as prescribed in
24       K.S.A. 74-5604a and amendments thereto. 
25       Sec.  6. K.S.A. 1998 Supp. 74-5602, 74-5605, 74-5607a, 74-5616 and
26       74-5617 are hereby repealed.
27        Sec.  7. This act shall take effect and be in force from and after its
28       publication in the statute book.