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HCS/SS#2/SB 26 - This act creates provisions relating to public safety. LOCAL LAW ENFORCEMENT BUDGETS (Section 67.030) Under current law, the governing body of each political subdivision may revise, alter, increase, or decrease items in a proposed budget. This act provides that any taxpayer of a political subdivision may initiate an action for injunctive relief, which the court shall grant, if the governing body of such political subdivision decreases the budget for its law enforcement agency by an amount exceeding more than 12% relative to the proposed budgets of other departments of the political subdivision over a five year aggregate amount. These provisions are identical to provisions in SCS/SB 66 (2021). 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 accept a per diem or reimbursement for necessary expenses for attending meetings. These provisions are identical to provisions in SCS/SBs 53 & 60 (2021). OFFENSES INELIGIBLE FOR PROBATION (Section 557.045) This act adds to the offenses ineligible for probation any dangerous felony where the victim is a law enforcement officer, firefighter, or an emergency service provider while in the performance of his or her duties. These provisions are identical to provisions in SCS/SB 66 (2021). OFFENSE OF UNLAWFUL TRAFFIC INTERFERENCE (Section 574.045) This act creates the offense of unlawful traffic interference if, with the intention to impede vehicular traffic, the person walks, stands, sits, kneels, lays, or places an object in a manner that blocks passage by a vehicle on any public street or highway. The offense of unlawful traffic interference on a public street or highway is an infraction for the first violation. Any second violation that occurs is a class B misdemeanor. A third or subsequent violation is a class E felony. The offense is of unlawful traffic interference on a public street, highway, or interstate highway while part of an unlawful assembly is an infraction for the first violation. Any second violation that occurs is a Class A misdemeanor. Any third or subsequent violation is a Class D felony. These provisions are similar to SB 9 (2020 Extra Special Session) and HB 288 (2019). VANDALISM (Section 574.085) Under current law, a person commits the offense of institutional vandalism if he or she knowingly vandalizes certain structures. This act provides that a person shall be guilty of a Class E felony if he or she knowing vandalizes any public monument or structure on public property. These provisions are identical to provisions in SCS/SB 66 (2021). 988 PUBLIC SAFETY FUND (Section 590.192) This act creates the "988 Public Safety Fund" within the state treasury and shall be used by the Department of Public Safety for the purposes of providing services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event. Such services may include consultation, risk assessment, education, intervention, and other crisis intervention services. LAW ENFORCEMENT OFFICER DISCIPLINARY ACTIONS (Section 590.502) This act provides that when a law enforcement officer who reasonably believes he or she is under investigation which could lead to disciplinary action, demotion, dismissal, transfer, or placement that could lead to economic loss, the investigation shall include the following conditions: • The law enforcement officer shall be informed in writing of the existence and nature of the alleged violation and who will be conducting the investigation; • Any complaint filed shall be supported by a written statement outlining the complaint; • Any investigation shall be conducted for a reasonable length of time and only while the officer is on duty unless reasonable circumstances prevent such questioning while on duty; • Prior to an interview session the law enforcement officer shall be informed that he or she is being ordered to answer questions under threat of disciplinary action and that the officer's answers to the questions will not be used against the officer in a criminal proceeding. • Any investigation shall be conducted at a secure location at the agency that is conducting the investigation or the office of the officer unless the officer consents to another location; • The law enforcement officer shall be questioned by up to two investigators and shall be informed of the name and rank of each questioning officer; • Law enforcement officers shall not be threatened, harassed, or promised rewards for answering questions, except that a law enforcement officer may be compelled to give protected statements to an investigator under direct control of the agency; • Law enforcement officers are entitled to have an attorney or duly authorized representative present during questioning and prior to the questioning the officer and his or her representative shall have the opportunity to review the complaint; • A complete record of the investigation shall be kept by the agency and a copy shall be provided to the officer upon request; • The agency conducting the investigation shall have 90 days to complete such investigation and may extend the investigation under certain circumstances; • The officer shall be informed in writing within 5 days of the conclusion of the investigative findings and any recommendations for further action; and • A complete record of the administrative investigation shall be kept by the law enforcement agency and all records shall be confidential and not subject to disclosure under Sunshine Law, except by lawful subpoena or court order. Any law enforcement officer suspended without pay shall be entitled to a full due process hearing as provided in the act. Any decision following the hearing shall be in writing and shall include findings of fact. This act provides that law enforcement officers shall have the opportunity to provide a written responses to any adverse materials in their personnel file. Law enforcement officers shall have the right to compensation for any economic loss incurred during an investigation if the officer is found to have committed no misconduct. Employers shall defend and indemnify law enforcement officers against civil claims made against an officer while the officer was acting within his or her duties as a law enforcement officer. If any criminal convictions arise out of the same conduct, the employer is no longer obligated to defend the officer in the civil claim. Law enforcement officers shall not be disciplined or dismissed as a result of the assertion of their constitutional rights in any judicial proceeding, unless the officer admits to wrong-doing. Finally, this act provides that a law enforcement officer may bring an action for enforcement of these provisions in the circuit court for the county in which the law enforcement agency or governmental body has its principal place of business. Upon a finding by a preponderance of the evidence that a law enforcement agency or governmental body has purposely violated this act, the court shall void any action taken in violation of this section. Suit for enforcement shall be brought within one year from which the violation is ascertainable. These provisions are similar to SB 1053 (2020) and HB 1889 (2020). MARY GRACE BRUNTRAGER
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