SB 53
Modifies provisions relating to law enforcement officers
Sponsor:
LR Number:
0461S.02C
Last Action:
3/3/2021 - Formal Calendar S Bills for Perfection
Journal Page:
Title:
SCS SBs 53 & 60
Calendar Position:
11
Effective Date:
August 28, 2021

Current Bill Summary

SCS/SBs 53 & 60 - This act modifies provisions relating to law enforcement officers.

POLICE COMMISSIONERS (Section 84.400)

This act provides that a member of the Kansas City board of police commissioners or any member of such police force may be appointed to serve on any state or federal board, commission, or task force where no compensation for such service is paid, except that such board member may except a per diem or reimbursement for necessary expenses for attending meetings.

KANSAS CITY POLICE DEPARTMENT RESIDENCY REQUIREMENTS (Section 84.575)

This act provides that the Board of Police Commissioners in Kansas City shall not require, as a condition of employment, that any currently employed or prospective law enforcement officer or other employee reside within any jurisdictional limit. Any current residency requirement in effect on or before August 28, 2021, shall not apply and shall not be enforced.

Additionally, the Board of Police Commissioners may impose a residency rule, but the rule or requirement shall be no more restrictive than requiring such personnel to reside within a one-hour response time.

RESPIRATORY CHOKE-HOLDS (Section 563.015)

This act provides that a law enforcement officer is prohibited from using a respiratory choke-hold unless deadly force is authorized under the law. A "respiratory choke-hold" includes the use of any body part or object to attempt to control or disable a person by applying pressure to the person's neck with the purpose, intent, or effect of controlling or restricting the person's breathing.

SEXUAL MISCONDUCT OF POLICE OFFICERS (Section 566.145)

This act provides that a law enforcement officer who engages in sexual conduct with a detainee or prisoner who is in the custody of such officer shall be guilty of a class E felony.

This provision is identical to HB 2708 (2020).

COMMISSIONING REQUIREMENTS OF PEACE OFFICERS (Sections 590.070 and 590.075)

Under current law, the chief executive officer of each law enforcement agency must notify the Director of the POST Commission the circumstances surrounding a law enforcement officer's departure from the law enforcement agency within 30 days of the departure.

This act provides that the chief executive officer of each law enforcement agency shall, prior to commissioning any peace officer, request a certified copy from the Director of all notifications received regarding such peace officer. All notifications provided to the chief executive officer from the Director shall be received within 3 days of the request.

Finally, this act provides that the chief executive officer of each law enforcement agency has absolute immunity from suit for complying with such notification requirements to the Director, unless the chief executive officer presented false information to the Director with the intention of causing reputational harm to the peace officer.

MARY GRACE BRUNTRAGER

Amendments

No Amendments Found.