Brief(1)
H.B. 2201 addresses certain offenses committed at school. Most of the amendments concern instances in which a person commits an act which, when committed by an adult, is criminal use of a weapon or criminal possession of a firearm at school, on school property, or at a school supervised activity. Changes in the School Safety and Security Act address school employee reporting to a local law enforcement agency to require reporting of acts the person "reasonably suspects" constitute commission of a felony or misdemeanor, or involve possession, use, or disposal of explosives, firearms, or other weapons. (This language replaces the requirement that the reporting be on conduct the person "knows or has reason to believe" meets the above criteria.)
Adults. As a condition of release after having been charged with criminal use of a weapon or criminal possession of a firearm while on school property or at a school supervised event, a magistrate must order the person to submit to a psychological evaluation in a public or private facility or state institution and, if determined by the head of such facility or institution that the person is a danger to self or others, submit to treatment or counseling, as a condition of release.
A person so charged is not allowed to post bond pending the person's first appearance in court, provided that a first appearance occurs within 48 hours after arrest.
Juveniles. A law enforcement officer may take an alleged juvenile offender into custody pursuant to a report from a school (under statutory reporting requirements) that the juvenile has been in possession of a weapon at school, on school property, or at a school supervised activity when the law enforcement agency has investigated the matter and has determined there is probable cause to believe the juvenile committed an act which, if committed by an adult, would be a criminal use of a weapon or criminal possession of a firearm at school, on school property, or at a school supervised activity. A juvenile taken into custody for these reasons is exempted from the release provisions of K.S.A. 38-1632.
In these instances, the court will order detention of the juvenile in the juvenile detention facility or youth residential facility for not more than 72 hours. During this time, the juvenile will receive a psychological evaluation to determine whether there is a risk to the physical safety of self or others. The report must be furnished to the court within the 72-hour period. If the report indicates that the juvenile presents a risk to the physical safety of self or others, the court orders continued detention of the juvenile pending the outcome of adjudication. The court also may order counseling or treatment during the detention period. A person required to make a finding regarding risk to safety under the law is immune from civil liability.
Background
H.B. 2201 was recommended by Carla J. Stovall, Attorney General, as a product of the Kids in Safe Schools Task Force. This Task Force was formed in partnership with the Kansas State Department of Education, Kansas Association of School Boards, United School Administrators, Kansas National Education Association, and the Kansas Parent-Teacher Association. Other participants included representatives of law enforcement, emergency management, parents, the Legislature, the Governor's Office, and the Koch Crime Commission.
The Attorney General explained that H.B. 2201 was designed to require courts to order psychological evaluations of individuals taken into custody for bringing a weapon to school or to a school-sponsored event in violation of the laws. Other persons appearing as proponents of H.B. 2201 included School Resources Officers from Leawood and Wichita.
There were no opponents.
The fiscal note states that the Juvenile Justice Authority reports that the bill would have no fiscal impact on that agency. The Office of Judicial Administration reports that the bill would impact on the court system in terms of judicial time in hearing and deciding upon the additional evidence and subsequent orders, resulting in only modest fiscal impact. The Kansas Association of Counties reported that the bill would have an indeterminate negative impact on counties with respect to funding the evaluations that would be required under the bill.
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.