May 09, 2006

Sebelius signs crime-fighting bills
Tougher drunk driving law, among five public safety bills signed into law

As thousands of high school students across the state prepare to graduate, Governor Kathleen Sebelius is reminding them and their families of the dangers of underage drinking, as well as the consequences of drinking and driving.

“Parents need to set a good example for their kids, and that includes not hosting parties where underage drinking takes place. And everyone needs to be aware of the dangers – and penalties – for driving while under the influence,” said Sebelius.

Sebelius signed HB 2916, which raises the penalty for unlawfully hosting minors consuming alcoholic liquor or cereal malt beverages from a minimum of $200 to a minimum of $1,000.

The bill also amends the Kansas’ Driving Under the Influence law, changing the length of a suspension of an offender’s driver’s license on a second, third or fourth occurrence of a DUI to not less than a year. Proof of the installation of an ignition interlock device for one full year of the restriction period would be also required before driving privileges could be restored.

This bill will take effect after publication in the statute book.

Governor Sebelius also signed into law four other public safety bills, all of which take effect upon publication in the statute book. During the 2006 Legislative session, the Governor has signed 173 bills and vetoed two.

Toughening penalties and strengthening victim protections
SB 261 recodifies the Kansas Juvenile Justice Code to make it more uniform, while at the same time toughening penalties and strengthening victim protections. The bill adds the crime of rape to the list of crimes that cannot be expunged from a juvenile’s record. It also requires a court to consider the best interest of the victim when determining if a hearing should be closed to the public. Currently, statue only mentions the best interests of the alleged juvenile offender when determining whether to have an open or closed hearing. The bill also expands the list of crimes which require the victim, the court, and any school the offender may have been attending, to be notified of the juvenile offender’s completion of sentence and upcoming discharge. This will increase public safety and ensure crime victims are notified when the juvenile offender will be released. Finally, it allows more information about juvenile offenders to be shared among state agencies, which will help ensure the juvenile receives the comprehensive treatment needed to reintegrate into their community and become a productive citizen.

Enhancing training for law enforcement
HB 2122 separates the education function of law enforcement, under the auspices of the Kansas Law Enforcement Training Center, from the licensing function for law enforcement purposes, under the auspices of the Kansas Commission on Police Officers Standards and Training. To support training and licensure, it increases docket fees credited to the KLETC Fund and the KCPOST Fund. The bill also provides an income tax credit of up to 50 percent for businesses which contribute to the KLETC for the purpose of providing programs and courses of instruction for full time police officers and law enforcement officers designed to fulfill the continuing education and training requirements.

Creating the DNA database fund
HB 2554 amends current law regarding the state’s DNA database and who would be required to submit to DNA specimen collections. After January 1, 2007, any adult arrested or charged or any juvenile placed in custody for or charged with the commission or attempted commission of any person felony or drug grid severity level 1 or 2 felony would be required to submit a specimen or sample at the time such person is fingerprinted pursuant to the booking procedure. After July 1, 2008 any arrested or charged adult or juvenile placed in custody for the commission or attempted commission of any felony would be required to submit a specimen or sample in addition to fingerprints. If charges against a person are dismissed, a conviction against a person is expunged or a verdict of acquittal with regard to the person is returned, then upon the person’s request the KBI shall destroy the specimen or sample, but retain the record in the database.

Extending pilot program for community corrections placements
SB 434 extends until July 1, 2008, the pilot program for community corrections placements based on risk assessments administered by the Johnson County District Court. It also adds risk and needs assessments to the list of certain court records that could be accessible only to the parties, the sentencing judge, the Department of Corrections and the Kansas Sentencing Commission. Finally, the bill clarifies that the Secretary of Corrections has three business days to notify the sheriff to deliver the offender to the secretary’s custody once he has been notified that an offender has had a sentence imposed.