{As Amended by Senate Committee of the Whole}
Session of 2023
SENATE BILL No. 318
By Committee on Ways and Means
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AN ACT concerning municipal courts; relating to fingerprinting {the
Kansas code of procedure for municipal courts; requiring the city
attorney to review certain audio and video evidence}; removing the
requirement to collect fingerprints from persons convicted of violating
certain municipal ordinance provisions related to vehicle registration or
driving without a valid driver's license or motor vehicle liability
insurance coverage; amending K.S.A. {12-4410 and }12-4517 and
repealing the existing section {sections}.
Be it enacted by the Legislature of the State of Kansas:
{Section 1. K.S.A. 12-4410 is hereby amended to read as follows:
12-4410. (a) The accused person shall be permitted to inspect all matters
relevant to the case and to present or provide to the city attorney matters
that are relevant to the case.
(b) The city attorney shall inspect and review every audio and video
recording relevant to the case that is presented or provided to the city
attorney by the accused person or the accused person's counsel, including,
but not limited to, a recording made and retained by law enforcement
using a body camera or vehicle camera as defined by K.S.A. 45-254, and
amendments thereto.
(c) Depositions shall not be taken or used except by written
agreement of both parties filed with the court or by order of the court
upon such conditions as the court may prescribe.}
Section 1. {Sec. 2.} K.S.A. 12-4517 is hereby amended to read as
follows: 12-4517. (a) (1) Except as provided further, the municipal court
judge shall ensure that all persons convicted of violating municipal
ordinance provisions that prohibit conduct comparable to a class A or B
misdemeanor or assault as defined in K.S.A. 2022 Supp. 21-5412(a), and
amendments thereto, under a Kansas criminal statute are fingerprinted and
processed. The provisions of this section shall not apply to persons
convicted of violating municipal ordinance provisions that prohibit the
acts prohibited by K.S.A. 8-142, 8-235 or 40-3104, and amendments
thereto.
(2) The municipal court judge shall ensure that all persons arrested or
charged with a violation of a city ordinance prohibiting the acts prohibited
by K.S.A. 8-2,144 or 8-1567, and amendments thereto, are fingerprinted
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and processed at the time of booking or first appearance, whichever occurs
first.
(b) The municipal court judge shall order the individual to be
fingerprinted at an appropriate location as determined by the municipal
court judge. Failure of the person to be fingerprinted after court order
issued by the municipal judge shall constitute contempt of court. To
reimburse the city or other entity for costs associated with fingerprinting,
the municipal court judge may assess reasonable court costs, in addition to
other court costs imposed by the state or municipality.
Sec. 2. {3.} K.S.A. {12-4410 and }12-4517 is {are} hereby repealed.
Sec. 3. {4.} This act shall take effect and be in force from and after its
publication in the statute book.
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