1 | 1 | | Session of 2025 |
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2 | 2 | | HOUSE BILL No. 2322 |
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3 | 3 | | By Committee on Judiciary |
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4 | 4 | | Requested by James Iverson on behalf of the National Coalition of Motorcyclists |
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5 | 5 | | 2-7 |
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6 | 6 | | AN ACT concerning law enforcement; relating to motorcyclists; |
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7 | 7 | | prohibiting motorcycle profiling and requiring law enforcement |
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8 | 8 | | agencies to adopt a policy relating to motorcycle profiling; requiring |
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9 | 9 | | the course of law enforcement training adopted by the director of police |
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10 | 10 | | training to include training on motorcycle profiling; amending K.S.A. |
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11 | 11 | | 74-5604a and repealing the existing section. |
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12 | 12 | | Be it enacted by the Legislature of the State of Kansas: |
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13 | 13 | | New Section 1. (a) No law enforcement officer or law enforcement |
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14 | 14 | | agency shall engage in motorcycle profiling. |
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15 | 15 | | (b) A person who is aggrieved by a violation of this section may: |
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16 | 16 | | (1) File a complaint with the attorney general who shall investigate |
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17 | 17 | | such complaint, and, upon making a finding that a law enforcement officer |
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18 | 18 | | or law enforcement agency has engaged in motorcycle profiling, require |
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19 | 19 | | such officer or agency to participate in additional training relating to |
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20 | 20 | | motorcycle profiling; or |
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21 | 21 | | (2) file an action in district court and recover actual and punitive |
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22 | 22 | | damages, injunctive relief and any costs and attorney fees. |
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23 | 23 | | (c) All law enforcement agencies in this state shall: |
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24 | 24 | | (1) Adopt a detailed, written policy prohibiting motorcycle profiling |
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25 | 25 | | and outlining disciplinary action that will be taken against an officer who |
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26 | 26 | | violates such policy; and |
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27 | 27 | | (2) require law enforcement officers who work in the agency to |
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28 | 28 | | participate in annual training related to motorcycle profiling with a goal to |
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29 | 29 | | reduce motorcycle profiling across the state. |
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30 | 30 | | (d) As used in this section, "motorcycle profiling" means the use of |
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31 | 31 | | the fact that a person rides a motorcycle or wears motorcycle-related |
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32 | 32 | | paraphernalia in making a decision to stop, question, take enforcement |
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33 | 33 | | action against, arrest or search a person or vehicle with or without a legal |
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34 | 34 | | basis. |
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35 | 35 | | Sec. 2. K.S.A. 74-5604a is hereby amended to read as follows: 74- |
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36 | 36 | | 5604a. (a) The director of police training may establish a program for |
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37 | 37 | | extending the law enforcement training and instruction throughout the |
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38 | 38 | | state on a regional basis. The director of police training also may certify |
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39 | 39 | | annually the training schools of state and local law enforcement agencies |
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74 | 74 | | 35 HB 2322 2 |
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75 | 75 | | providing a course of law enforcement training for full-time police officers |
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76 | 76 | | or law enforcement officers when such training programs satisfy the |
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77 | 77 | | qualifications and standards promulgated by the director of police training |
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78 | 78 | | after approval of the commission and when such programs satisfy a |
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79 | 79 | | demonstrated training need not met by existing programs. The director of |
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80 | 80 | | police training shall establish a course in basic law enforcement training |
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81 | 81 | | for part-time police officers or law enforcement officers, approved by the |
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82 | 82 | | commission, to be provided at the training center and certified state and |
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83 | 83 | | local law enforcement training schools. In addition, after the general |
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84 | 84 | | election of each election year and prior to January 1 of the next succeeding |
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85 | 85 | | year, and at such other times as the director of police training deems |
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86 | 86 | | necessary, the director of police training shall commence a training course |
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87 | 87 | | for persons elected to the office of sheriff at the preceding general election. |
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88 | 88 | | (b) The director of police training shall conduct a pretraining |
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89 | 89 | | evaluation of applicants for admission to the course for law enforcement |
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90 | 90 | | officers conducted by the training center or to any certified state or local |
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91 | 91 | | law enforcement training school to assure that each applicant is qualified |
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92 | 92 | | to serve as a law enforcement officer. The director of police training shall |
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93 | 93 | | adopt minimum standards, which shall receive prior approval by the |
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94 | 94 | | commission, to be considered in the pretraining evaluation. The director of |
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95 | 95 | | police training shall advise the city, county or state agency, railroad, school |
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96 | 96 | | district or community college authorizing the applicant to attend the |
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97 | 97 | | training center or certified state or local law enforcement training school of |
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98 | 98 | | the results of the pretraining evaluation. The director of police training, |
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99 | 99 | | with approval of the commission, may reject an applicant to the training |
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100 | 100 | | center who does not meet the minimum pretraining standards. |
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101 | 101 | | (c) Training courses conducted pursuant to this section: |
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102 | 102 | | (1) may include procedures for law enforcement to follow when |
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103 | 103 | | responding to an allegation of stalking; and |
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104 | 104 | | (2) shall include information about motorcycle profiling and training |
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105 | 105 | | on how to avoid motorcycle profiling. |
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106 | 106 | | Sec. 3. K.S.A. 74-5604a is hereby repealed. |
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107 | 107 | | Sec. 4. This act shall take effect and be in force from and after its |
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108 | 108 | | publication in the statute book. |
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