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Kansas Association of
Chiefs of Police
PO Box 780603
Wichita, KS 67278
(316)733-7301
-.
Kansas Sheriffs
Association
PO Box 1853
Salina, KS 67402
(785)827-2222
Kansas Peace Officers
Association
PO Box 2592
Wichita, KS 67201
(316)722-8433
TESTIMONY TO THE KANSAS HOUSE OF REPRESENTATIVES
CORRECTIONS AND JUVENILE JUSTICE COMMITTEE
REGARDING HB2517
DOMESTIC VIOLENCE AMENDMENTS
February 1,2010
I believe the committee knows the Kansas Association of Chiefs of Police and the Kansas Peace
Officers Association has been very active
in assuring
this bill provides clear direction
to law
enforcement. We have also been acutely aware of other prosecutorial
and due process
issues the
original bill proposal presented. Those concerns of our associations have been addressed in the bill as
presented.
However,
there is a new concern that recently came to light in regards to liability with the new
arrangement of the provisions in this bill. There is concern it negatively impacts law enforcement and
their employers when the mandatory arrest language is moved to K.S.A. 21-4201 from the statute
setting policy requirements. Several law enforcement
legal advisors have told me having provisions
proposed in section 6, subsection (b) in K.S.A. 21-4201 creates a duty of care which will disqualify the
use of the immunity provisions in K.S.A. 22-2308. We recommend moving Section 6, subsection (b) to
Section 5 of the bill. What is important is for the bill to retain the language of what is now Section 6,
subsection
(b) without amendment
except
for location and technical
amendments
necessary
to
accomplish that move.
We know there are other concerns with this bill not directly impacting law enforcement. We support
the law enforcement
related provisions as they exist with the above amendment, we may have to
change that position if amendments made to the bill by the committee negatively
impacting
law
enforcement or if the proposed amendment above is not adopted.
Ed Klumpp
Ks Association of Chiefs of Police - Legislative Committe