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This page last updated on 05/05/08
Copyright © 2006
Kansas Peace Officers Association

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News, Updates & Announcements

KPOA Calendar

Joint Law Enforcement Conference
May 21-23, 2008
Wichita Airport Hilton
More information coming soon...

The 2008 Fall Conference will be announced as soon as dates are finalized.

KPOA Scholarships
Deadline for 2008 John Foster Memorial Scholarship Application
June 6, 2008

 

Welcome!

The Kansas Peace Officers Association serves to promote personal acquaintance among Peace Officers of Kansas; to advance the science pertaining to the prevention and detection of crime and the apprehension of criminals; to promote the improvement of Police Service and the advancement of the Law Enforcement Profession and to raise the standard of Law Enforcement Institutions and Officials.

KPOA President Bruce MellorUpdate
Bruce Mellor
KPOA President

GREETINGS:
2/10/2008

Well the holiday season has passed. I sincerely hope your holidays were wonderful and wishing you all the best in 2008.

The first day on the 2008 legislative session began on January 14, 2008. The 2008 Joint Law Enforcement Legislative meetings and reception were held on February 6, 2008 at the Capitol Plaza Hotel, Topeka Kansas. The combined legislative meeting of the KPOA, KSA and KACP established its legislative priorities for the upcoming session:
(1) Presumptive Imprisonment for repeat offenders and certain property offenders;
(2) Prescription Monitoring;
(3) Adding pseudoephedrine to the Schedule III drug list;
(4) COLA for KPERS and KP&F Retirees; and
(5) Add offender of electronic solicitation statute to the Offender Registry.

I'm looking forward to visiting with all of you at the Joint Law Enforcement Conference, which includes the Awards banquet to be held at the Wichita Airport Hilton, May 21-23.2008.


News, Updates & Announcements
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Topic: Issue:
NEW LAWS

NEW LAWS OF LAW ENFORCEMENT INTEREST

EFFECTIVE MAY 1, 2008

The following bills of law enforcement interest become effective on May 1, 2008, upon publication in the Kansas Register.

The bills can be found on pages 573-583 of the Kansas Register.

Addition to Schedule I drugs of Datura Stramonium (Gypsum Weed, Jimson Weed, etc.) and of Salvia Divinorum. (SB481)

Pages 579 and 580 of the Kansas Register. Amends KSA 65-4105

This bill adds Salvia Divinorum to the list of Schedule I drugs. Salvia is a plant primarily grown in Mexico and sold in head shops (yes, even in Kansas) and over the internet.

It also adds Datura Stramonium to the list of Schedule I drugs. Datura Stramonium is gypsum weed, or jimson weed. This is a weed commonly seen growing wild in Kansas.

The crime violations and the penalties for both are the same as those for marihuana.

The text of the bill is also located at: http://www.kslegislature.org/bills/2008/481.pdf

The Supplemental Note explaining the bill is located at: http://www.kslegislature.org/supplemental/2008/SN0481.pdf

Aggravated Criminal Threat (SB 430)

Page 574 of the Kansas Register Amends KSA 21-3419a

This bill changes the penalty for aggravated criminal threat from varying severity levels based on dollar loss to a straight level 5 person felony in all cases regardless of dollar loss. The elements of the crime, other than dollar values, have not changed.

The text of the bill is also located at: http://www.kslegislature.org/bills/2008/430.pdf

The Supplemental Note explaining the bill is located at: http://www.kslegislature.org/supplemental/2008/SN0430.pdf

School Safety Violations. (SB470)

Pages 580 and 583 of the Kansas Register. Amends KSA 72-5437

Sections 1 and 2 of this bill corrects a problem with a bill passed last year which was found to conflict with the federal Family Educational Rights and Privacy Act (FERPA).

This bill is the fix for that problem. The conflict centered on the requirement added last year for schools to report a suspension or expulsion of a student from school for certain reasons to be reported to law enforcement. This bill fixes that by returning to the process where the school is required to notify law enforcement of certain acts, therefore they are not reporting an administrative action to law enforcement. Those acts to be reported include having certain weapons at school, possessing illegal drugs at school, or engaging in conduct which is substantially likely to cause great bodily harm to another person at school. The term “at school” includes school activities or any time on school property.

The schools must report such incidents to law enforcement within 10 working days of the violation. Law enforcement is then required to investigate and forward a report of the incident to the Department of Motor Vehicles within 10 working days of their receipt of the notice from the school. The DMV will send notice to the student that their driver’s license will be suspended and advise them of their appeal rights. If the student appeals, the DMV will hold a hearing to determine if reasonable grounds exists to believe the violation occurred.

Section 3 of the bill changes the criminal acts which prohibit the licensing of a teacher. It now lists specific violations instead of simply referring to KSA 21-4619. The purpose is to exclude misdemeanor DUI convictions from the list of offenses affecting teacher licensing.

Section 4 is administrative and deals with the cancellation of teacher’s contracts.

The text of the bill is also located at: http://www.kslegislature.org/bills/2008/470.pdf

The Conference Committee Report explaining the bill is located at: http://skyways.lib.ks.us/ksleg/KLRD/2008ConfCommRpts/Ccrb470_001_26.pdf

Juvenile Corrections (SB 410)

Pages 573 and 574 of the register

This bill is purely administrative and pertains only to the state juvenile corrections system. What might be of interest of law enforcement is a provision that changes the name of the “Topeka Juvenile Corrections Facility” to the “Kansas Juvenile Corrections Complex.” This is the facility that used to be the Boys Industrial School, then the Youth Center at Topeka. It includes the old facilities and the newer facility opened several years ago.

The text of the bill is also located at: http://www.kslegislature.org/bills/2008/410.pdf

The Conference Committee Report explaining the bill is located at: http://www.kslegislature.org/supplemental/2008/SN410.pdf

NEW LAWS

NEW LAW EFFECTIVE APRIL 24, 2008

The following bill has limited law enforcement applicability as it is enforceable by law enforcement authorized to enforce boating laws. The law becomes effective on April 24, 2008, its publication date in the Kansas Register.

Watercraft Exhaust Noise (HB 2657) Amending KSA 32-1120

      This bill changes the laws regarding enforcement of loud exhaust noise on watercraft. It changes the decibel level of a violation, establishes a different testing standard, and provides for a 60 day period for the violator to demonstrate the exhaust noise level has been brought into compliance.

The bill can be found on pages 540-541 of the Kansas Register.

Supplemental Note explaining the bill

KANSAS PUBLIC RETIREES

NOTICE FROM COALITION OF KANSAS PUBLIC RETIREES - April 14, 2008

NEW LAWS The following bill become effective on April 17, 2008, upon publication in the Kansas Register:

Offender Registration; Amending KSA 22-4902  (SB 477)

NEW LAWS The following bills become effective on April 10, 2008, upon publication in the Kansas Register:

Kansas Funeral Privacy Act (House Substitute for SB 226)
Motor Carrier Fees (SB 462)

LEGISLATIVE UPDATES - 2008 Session

Legislative Update May 4, 2008

Bills of Interest April 24, 2008
Legislative Update End of Day April 25, 2008

Bills of Interest April 9, 2008
Legislative Update End of Day April 10,2008

Bills of Interest March 28,2008
Legislative Update March 28, 2008

Bills of Interest March, 21 2008
Legislative Update End of Day March 21, 2008

Bills of Interest March 14, 2008
Legislative Update March 14, 2008

Bills of Interest March 7, 2008
Legislative Update March 7, 2008

Bills of Interest February 29, 2008
Legislative Update February 29, 2008
Inactive Bills February 29, 2008

Bills of Interest February 22, 2008
Legislative Update February 22, 2008

Bills of Interest February 15, 2008
Legislative Update End of Day Feb 15, 2008

Racial Profiling Bill Introduced

Bills of Interest - February 8, 2008
Legislative Update End of Day February 8, 2008

Bills of Interest - February 1, 2008
Legislative Update - End of Day Feb 1, 2008


FIREARM RULES Kansas Peace Officers Association Firearms Rules - Revised 08/22/2007

CONCEALED CARRY INSTRUCTOR CERTIFICATION Instructor Certification Announcement

The Office of the Attorney General will be holding two "Train the Trainer" sessions in June to train individuals who are otherwise qualified to instruct the approved 8-hour course necessary to obtain a Concealed Carry Handgun permit. To become a course instructor, applicants must attend a Train the Trainer session in addition to meeting the instructor qualifications.

The first training will be held on Wednesday, June 21, 2006 at the Memorial Hall Auditorium in Topeka at 8am. Space is limited to a maximum amount of 150 attendees. The second training for western Kansas will be held on the 26th of June at 8am at the Kansas Law Enforcement Training Center in Yoder (located just south of Hutchinson). Space is limited to 50 attendees at this location. Each session will be 8 hours and is only for those seeking instructor certification approved and required by the Attorney General.

Admittance into this training will only be permitted for individuals who meet the legal requirements for a Concealed Carry Handgun Permit and who already hold firearms trainer certification from Law Enforcement, military, NRA or similar organizations. A photo ID and certification will be required at the door for admittance into the training.

To obtain the application for the Concealed Carry Train the Trainer course go to www.ksag.org and click on the blue button that states "Kansas Conceal Carry Law: Train the Trainer Classes". In order to register for either training, you must fax a copy of your completed application to (785) 296-6296.

To speed up the processing of your application you can fax a copy of your certification.

Completed applications must be received no later than 5pm on Tuesday, June 6th, 2006. Registration will be dependent upon the acceptance of the application. You will receive notification from the Attorney General's Office as to whether or not your application has been accepted. (If you do not meet the requirements, you should not fill out

this application for an instructor certification course.)

Additional Train the Trainer courses will be scheduled in July as soon as accommodations can be made for training sights and instructors.

Please direct any questions to davidsoe@ksag.org.


LEGAL ISSUES: Arrests and Detentions of Foreign Nationals
Whenever a foreign national is arrested or detained in the United States, there are legal requirements to ensure that the foreign national's government can offer him/her appropriate consular assistance. In all cases, the foreign national must be told of the right of consular notification and access. In most cases, the foreign national then has the option to decide whether to have consular representatives notified of the arrest or detention.  In some cases, "mandatory notification" must be made to the nearest consulate or embassy "without delay," "immediately," or within the time specified in a bilateral agreement between the United States and a foreign national's country, regardless of whether the foreign national requests such notification.Click here for more information.

REQUEST FOR ASSISTANCE:

The Kansas Law Enforcement Memorial Foundation is working to ensure that the 232 Kansas officers who have lost their lives in the line of duty will be forever recognized.   Click here for more information on how you can help.

Kansas Peace Officers Association
Post Office Box 2592
Wichita, Kansas 67201