Brief(1)
S.B. 206 repeals a criminal procedure statute which sets out searches that may be conducted by a law enforcement officer incident to a lawful arrest.
The Senate Committee amended the bill by repealing the statute.
Background
The bill was supported by the Kansas County and District Attorneys Association and the Assistant Attorney General assigned to the Kansas Bureau of Investigation.
The bill as introduced would have changed the definite article "the" with the indefinite "a" in K.S.A. 21-2501(c) to allow searches of areas incident to arrest for the fruits of any crime, not just the crime for which the arrest was made. Both proponents supported the Senate amendment repealing the search statute which would accomplish the same result since U.S. Supreme Court cases allow searches incident to an arrest for evidence of any crime.
The bill would have no fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.