An Act concerning law enforcement; relating to certain special deputy sheriffs; amending K.S.A. 19-805a, 19-805b and 21-4201 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. A special deputy appointed under K.S.A. 19-805a, and amendments thereto, may receive payment for services rendered and shall have general law enforcement authority throughout the county if such special deputy has satisfactorily completed the basic course of in- struction required for permanent appointment as a part-time law enforce- ment officer under K.S.A. 74-5607a, and amendments thereto.

Sec. 2. K.S.A. 19-805a is hereby amended to read as follows: 19- 805a. In all counties having a population in excess of one hundred thou- sand (100,000) 100,000, the sheriff shall have authority to appoint so many special deputies as he or she may think the sheriff deems proper and for whose official acts such person the sheriff shall be responsible. Before an appointment shall be made the sheriff or marshal of the district court shall have the right to demand an indemnity bond before any commission as special deputy shall be issued. The appointments may be revoked at the pleasure of the appointing officer, except that all appointments made by a sheriff pursuant to this section shall automatically be revoked at the time that such appointing sheriff's service as sheriff concludes. Said officer Except as provided by section 1, a special deputy appointed under this section shall not receive any payment, for services rendered, from public funds.

Sec. 3. K.S.A. 19-805b is hereby amended to read as follows: 19- 805b. Such Except as provided by section 1, special deputies appointed pursuant to K.S.A. 19-805a, and amendments thereto, may be limited in their authority to perform the acts of a peace officer in or about certain specified premises or relating thereto, but shall have a general right in event of riot, sabotage or serious disturbances or breach of the peace to call upon and deputize any other peace officer or private citizen to assist him such special deputy in quelling such riot or disturbance.

Sec. 4. K.S.A. 21-4201 is hereby amended to read as follows: 21- 4201. (a) Criminal use of weapons is knowingly:

(1) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star, or any knife, com- monly referred to as a switch-blade, which has a blade that opens auto- matically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement;

(2) carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slung shot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument;

(3) carrying on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance;

(4) carrying any pistol, revolver or other firearm concealed on one's person except when on the person's land or in the person's abode or fixed place of business;

(5) setting a spring gun;

(6) possessing any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm;

(7) selling, manufacturing, purchasing, possessing or carrying a shot- gun with a barrel less than 18 inches in length or any other firearm de- signed to discharge or capable of discharging automatically more than once by a single function of the trigger;

(8) possessing, manufacturing, causing to be manufactured, selling, offering for sale, lending, purchasing or giving away any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than 60% lead by weight; or

(9) possessing or transporting any incendiary or explosive material, liquid, solid or mixture, equipped with a fuse, wick or any other detonat- ing device, commonly known as a molotov cocktail or a pipe bomb.

(b) Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affect any of the following:

(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

(2) wardens, superintendents, directors, security personnel and keep- ers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;

(3) members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or

(4) manufacture of, transportation to, or sale of weapons to a person authorized under subsections (b)(1), (2) and (3) to possess such weapons.

(c) Subsection (a)(4) shall not apply to or affect the following:

(1) Watchmen, while actually engaged in the performance of the du- ties of their employment;

(2) licensed hunters or fishermen, while engaged in hunting or fish- ing;

(3) private detectives licensed by the state to carry the firearm in- volved, while actually engaged in the duties of their employment;

(4) detectives or special agents regularly employed by railroad com- panies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; or

(5) the state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto; or

(6) special deputy sheriffs described in section 1 who have satisfac- torily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74- 5607a and amendments thereto.

(d) Subsections (a)(1), (6) and (7) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor.

(e) Subsection (a)(8) shall not apply to a governmental laboratory or solid plastic bullets.

(f) It shall be a defense that the defendant is within an exemption.

(g) Violation of subsections (a)(1) through (a)(5) or subsection (a)(9) is a class A nonperson misdemeanor. Violation of subsection (a)(6), (a)(7) or (a)(8) is a severity level 9, nonperson felony.

(h) As used in this section, ``throwing star'' means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufac- tured for use as a weapon for throwing.

Sec. 5. K.S.A. 19-805a, 19-805b and 21-4201 are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 10, 1996.