CHAPTER 119
HOUSE BILL No. 2289
An Act concerning school safety; revising the definition of weapon;
providing for suspension
of the driver's license or privilege to drive of pupils for the
commission of certain acts
at school, on school property or at school-supervised activities;
amending K.S.A. 2000
Supp. 72-89a01, 72-89c01 and 72-89c02 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 Supp.
72-89c01 is hereby amended to read
as follows: 72-89c01. As used in K.S.A. 2000 Supp. 72-89c01 and
72-
89c02, and amendments thereto:
(a) ``Board of education'' means the
board of education of a unified
school district or the governing authority of an accredited
nonpublic
school.
(b) ``School'' means a public school or
an accredited nonpublic school.
(c) ``Public school'' means a school
operated by a unified school dis-
trict organized under the laws of this state.
(d) ``Accredited nonpublic school'' means
a nonpublic school partic-
ipating in the quality performance accreditation system.
(e) ``Chief administrative officer of a
school'' means, in the case of a
public school, the superintendent of schools or a designee of the
super-
intendent and, in the case of an accredited nonpublic school, the
person
designated as chief administrative officer by the governing
authority of
the school.
(f) ``Weapon'' means (1) any weapon which
will or is designed to or
may readily be converted to expel a projectile by the action of an
explo-
sive; (2) the frame or receiver of any weapon described in the
preceding
example; (3) any firearm muffler or firearm silencer; (4) any
explosive,
incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having
a
propellant charge of more than four ounces, (D) missile having an
explo-
sive or incendiary charge of more than 1/4 ounce, (E) mine,
or (F) similar
device; (5) any weapon which will, or which may be readily
converted to,
expel a projectile by the action of an explosive or other
propellant, and
which has any barrel with a bore of more than 1/2 inch in diameter;
(6)
any combination of parts either designed or intended for use in
converting
any device into any destructive device described in the two
immediately
preceding examples, and from which a destructive device may be
readily
assembled; (7) any bludgeon, sandclub, metal knuckles or throwing
star;
(8) any knife, commonly referred to as a switch-blade, which has a
blade
that opens automatically 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; (9) any
electronic
device designed to discharge immobilizing levels of electricity,
commonly
known as a stun gun. The term ``weapon'' does not include
within its
meaning (1) an antique firearm; (2) any device which is neither
designed
nor redesigned for use as a weapon; (3) any device, although
originally
designed for use as a weapon, which is redesigned for use as a
signaling,
pyrotechnic, line throwing, safety, or similar device; (4) surplus
ordinance
sold, loaned, or given by the secretary of the army pursuant to the
pro-
visions of section 4684(2), 4685, or 4686 of title 10 of the United
States
Code; (5) class C common fireworks.
(g) ``Controlled substance'' has the
meaning ascribed thereto in
K.S.A. 65-4101, and amendments thereto.
(h) ``Illegal drug'' means a controlled
substance but does not include
such a substance that is legally possessed or used under the
supervision
of a licensed health-care professional or that is legally possessed
or used
under authority of any federal or state law.
(i) ``Possession of a weapon,
controlled substance or illegal drug''
means knowingly having direct physical control over a weapon,
controlled
substance or illegal drug or knowingly having the power and the
intention
at a given time to exercise dominion or control over a weapon,
controlled
substance or illegal drug.
Sec. 2. K.S.A. 2000 Supp. 72-89c02
is hereby amended to read as
follows: 72-89c02. (a) Whenever a pupil who has attained the age of
13
years has been expelled from school or suspended for an
extended term
in accordance with the statutory provisions contained in
articles 89 or 89a
of chapter 72 of Kansas Statutes Annotated, and such
expulsion or ex-
tended-term suspension was imposed upon the pupil
for:
(1) found in
possession of a weapon, controlled substance or illegal
drug at school, upon school property, or at a
school-supervised activity;
or
(2) possession, use, sale or
distribution of an illegal drug or a con-
trolled substance at school, upon school property, or at a
school-super-
vised activity; or
(3) behavior at school, upon
school property, or at a school-supervised
activity, which resulted in, or was substantially likely to
have resulted in,
serious bodily injury to others, or has engaged
in behavior at school, upon
school property, or at a school-supervised activity, which
resulted in, or
was substantially likely to have resulted in, serious bodily
injury to others,
the chief administrative officer of the school from
which the pupil was
expelled or suspended shall make an immediate
report of the pupil's act
to the appropriate law enforcement agency. Upon receipt of the
report,
the law enforcement agency shall investigate the matter and
shall give
written notice to the division of vehicles of the department of
revenue of
the expulsion or suspension of act committed
by the pupil. The notice of
expulsion or suspension shall be given to the
division of vehicles by the
law enforcement agency within three days, excluding holidays
and week-
ends, after imposition of the expulsion or
suspension receipt of the report
and shall include the pupil's name, address, date of birth,
driver's license
number, if available, and the reason or reasons for the
expulsion or sus-
pension a description of the act committed by
the pupil. Upon receipt of
notification of the suspension or expulsion of a pupil from
school as pro-
vided in this section the notice, the
division of vehicles shall suspend the
pupil's driver's license or privilege to operate a motor vehicle on
the
streets and highways of this state. The duration of the suspension
shall
be for a period of one year. Upon expiration of the period of
suspension,
the pupil may apply to the division for return of the license. If
the license
has expired, the pupil may apply for a new license, which shall be
issued
promptly upon payment of the proper fee and satisfaction of other
con-
ditions established by law for obtaining a license unless another
suspen-
sion or revocation of the pupil's privilege to operate a motor
vehicle is in
effect. If the pupil does not have a driver's license, the
pupil's driving
privileges shall be revoked. No Kansas driver's license shall be
issued to
a pupil whose driving privileges have been revoked pursuant to
this sub-
section for a period of one year:
(b) If a pupil who is
expelled or suspended from school as provided
in this section does not have a driver's license, the
pupil's driving privi-
leges shall be revoked. No Kansas driver's license shall be
issued to a
pupil whose driving privileges have been revoked pursuant
to this sub-
section for a period of one year:
(1) Immediately following the date of
receipt by the division of no-
tification from a law enforcement agency containing the
description of
the pupil's expulsion or suspension act, if
the pupil is eligible to apply for
a driver's license; or
(2) after the date the pupil will
be eligible to apply for a driver's
license, if the pupil is not eligible to apply for a driver's
license on the
date of receipt of the notification.
(c) (b) If the
pupil's driving privileges have been revoked, suspended
or canceled for another cause, the suspension or revocation
required by
this section shall apply consecutively to the previous revocation,
suspen-
sion or cancellation.
(c) Upon suspension or revocation of a
pupil's privilege to operate a
motor vehicle as provided in this section, the division of
vehicles shall
immediately notify the pupil in writing. If the pupil makes a
written re-
quest for hearing within 30 days after such notice of suspension
or rev-
ocation, the division of vehicles shall afford the pupil an
opportunity for
a hearing as provided by K.S.A. 8-255, and amendments thereto,
except
that the scope of the hearing shall be limited to determination
of whether
there are reasonable grounds to believe the pupil was in
possession of a
weapon, controlled substance or illegal drug at school, upon
school prop-
erty, or at a school-supervised activity or was engaged in
behavior at
school, upon school property, or at a school-supervised
activity, which
resulted in, or was substantially likely to have resulted in,
serious bodily
injury to others.
(d) For the purposes of this
section, the term driver's license includes,
in addition to any commercial driver's license and any class A, B,
C or M
driver's license, any restricted license issued under K.S.A. 8-237,
and
amendments thereto, any instruction permit issued under K.S.A.
8-239,
and amendments thereto, and any farm permit issued under K.S.A.
8-
296, and amendments thereto.
Sec. 3. K.S.A. 2000 Supp. 72-89a01
is hereby amended to read as
follows: 72-89a01. As used in this act:
(a) ``Board of education'' means the
board of education of a unified
school district or the governing authority of an accredited
nonpublic
school.
(b) ``School'' means a public school or
an accredited nonpublic school.
(c) ``Public school'' means a school
operated by a unified school dis-
trict organized under the laws of this state.
(d) ``Accredited nonpublic school'' means
a nonpublic school partic-
ipating in the quality performance accreditation system.
(e) ``Chief administrative officer of a
school'' means, in the case of a
public school, the superintendent of schools and, in the case of an
ac-
credited nonpublic school, the person designated as chief
administrative
officer by the governing authority of the school.
(f) ``Federal law'' means the individuals
with disabilities education
act, section 504 of the rehabilitation act, the gun-free schools
act of 1994,
and regulations adopted pursuant to such acts.
(g) ``Secretary of education'' means the
secretary of the United States
department of education.
(h) ``Weapon'' means (1) any weapon which
will or is designed to or
may readily be converted to expel a projectile by the action of an
explo-
sive; (2) the frame or receiver of any weapon described in the
preceding
example; (3) any firearm muffler or firearm silencer; (4) any
explosive,
incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having
a
propellant charge of more than four ounces, (D) missile having an
explo-
sive or incendiary charge of more than 1/4 ounce, (E) mine, or (F)
similar
device; (5) any weapon which will, or which may be readily
converted to,
expel a projectile by the action of an explosive or other
propellant, and
which has any barrel with a bore of more than 1/2 inch in diameter;
(6)
any combination of parts either designed or intended for use in
converting
any device into any destructive device described in the two
immediately
preceding examples, and from which a destructive device may be
readily
assembled; (7) any bludgeon, sandclub, metal knuckles or throwing
star;
(8) any knife, commonly referred to as a switch-blade, which has a
blade
that opens automatically 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; (9) any
electronic
device designed to discharge immobilizing levels of electricity,
commonly
known as a stun gun. The term ``weapon'' does not include
within its
meaning (1) an antique firearm; (2) any device which is neither
designed
nor redesigned for use as a weapon; (3) any device, although
originally
designed for use as a weapon, which is redesigned for use as a
signaling,
pyrotechnic, line throwing, safety, or similar device; (4) surplus
ordinance
sold, loaned, or given by the secretary of the army pursuant to the
pro-
visions of section 4684(2), 4685, or 4686 of title 10 of the United
States
Code; (5) class C common fireworks.
Sec. 4. K.S.A. 2000 Supp. 72-89a01, 72-89c01 and
72-89c02 are
hereby repealed.
Sec. 5. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 18, 2001.
__________