Session Law

Identifying Information:L. 2001 ch. 119
Other Identifying Information:2001 House Bill 2289
Tax Type:Vehicles
Brief Description:An Act concerning school safety; revising the definition of weapon; providing for suspension of the driver's license or privilege to drive of pupils for the commission of certain acts at school, on school property or at school-supervised activities; amending K.S.A. 2000 Supp. 72-89a01, 72-89c01 and 72-89c02 and repealing the existing sections.
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Body:

CHAPTER 119

HOUSE BILL No. 2289


An Act concerning school safety; revising the definition of weapon; providing for suspension

of the driver's license or privilege to drive of pupils for the commission of certain acts

at school, on school property or at school-supervised activities; amending K.S.A. 2000

Supp. 72-89a01, 72-89c01 and 72-89c02 and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 72-89c01 is hereby amended to read

as follows: 72-89c01. As used in K.S.A. 2000 Supp. 72-89c01 and 72-

89c02, and amendments thereto:

(a) ``Board of education'' means the board of education of a unified

school district or the governing authority of an accredited nonpublic

school.

(b) ``School'' means a public school or an accredited nonpublic school.

(c) ``Public school'' means a school operated by a unified school dis-

trict organized under the laws of this state.

(d) ``Accredited nonpublic school'' means a nonpublic school partic-

ipating in the quality performance accreditation system.

(e) ``Chief administrative officer of a school'' means, in the case of a

public school, the superintendent of schools or a designee of the super-

intendent and, in the case of an accredited nonpublic school, the person

designated as chief administrative officer by the governing authority of

the school.

(f) ``Weapon'' means (1) any weapon which will or is designed to or

may readily be converted to expel a projectile by the action of an explo-

sive; (2) the frame or receiver of any weapon described in the preceding

example; (3) any firearm muffler or firearm silencer; (4) any explosive,

incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a

propellant charge of more than four ounces, (D) missile having an explo-

sive or incendiary charge of more than 1/4 ounce, (E) mine, or (F) similar

device; (5) any weapon which will, or which may be readily converted to,

expel a projectile by the action of an explosive or other propellant, and

which has any barrel with a bore of more than 1/2 inch in diameter; (6)

any combination of parts either designed or intended for use in converting

any device into any destructive device described in the two immediately

preceding examples, and from which a destructive device may be readily

assembled; (7) any bludgeon, sandclub, metal knuckles or throwing star;

(8) any knife, commonly referred to as a switch-blade, which has a blade

that opens automatically by hand pressure applied to a button, spring or

other device in the handle of the knife, or any knife having a blade that

opens or falls or is ejected into position by the force of gravity or by an

outward, downward or centrifugal thrust or movement; (9) any electronic

device designed to discharge immobilizing levels of electricity, commonly

known as a stun gun. The term ``weapon'' does not include within its

meaning (1) an antique firearm; (2) any device which is neither designed

nor redesigned for use as a weapon; (3) any device, although originally

designed for use as a weapon, which is redesigned for use as a signaling,

pyrotechnic, line throwing, safety, or similar device; (4) surplus ordinance

sold, loaned, or given by the secretary of the army pursuant to the pro-

visions of section 4684(2), 4685, or 4686 of title 10 of the United States

Code; (5) class C common fireworks.

(g) ``Controlled substance'' has the meaning ascribed thereto in

K.S.A. 65-4101, and amendments thereto.

(h) ``Illegal drug'' means a controlled substance but does not include

such a substance that is legally possessed or used under the supervision

of a licensed health-care professional or that is legally possessed or used

under authority of any federal or state law.

(i) ``Possession of a weapon, controlled substance or illegal drug''

means knowingly having direct physical control over a weapon, controlled

substance or illegal drug or knowingly having the power and the intention

at a given time to exercise dominion or control over a weapon, controlled

substance or illegal drug.

Sec. 2. K.S.A. 2000 Supp. 72-89c02 is hereby amended to read as

follows: 72-89c02. (a) Whenever a pupil who has attained the age of 13

years has been expelled from school or suspended for an extended term

in accordance with the statutory provisions contained in articles 89 or 89a

of chapter 72 of Kansas Statutes Annotated, and such expulsion or ex-

tended-term suspension was imposed upon the pupil for:

(1) found in possession of a weapon, controlled substance or illegal

drug at school, upon school property, or at a school-supervised activity;

or

(2) possession, use, sale or distribution of an illegal drug or a con-

trolled substance at school, upon school property, or at a school-super-

vised activity; or

(3) behavior at school, upon school property, or at a school-supervised

activity, which resulted in, or was substantially likely to have resulted in,

serious bodily injury to others, or has engaged in behavior at school, upon

school property, or at a school-supervised activity, which resulted in, or

was substantially likely to have resulted in, serious bodily injury to others,

the chief administrative officer of the school from which the pupil was

expelled or suspended shall make an immediate report of the pupil's act

to the appropriate law enforcement agency. Upon receipt of the report,

the law enforcement agency shall investigate the matter and shall give

written notice to the division of vehicles of the department of revenue of

the expulsion or suspension of act committed by the pupil. The notice of

expulsion or suspension shall be given to the division of vehicles by the

law enforcement agency within three days, excluding holidays and week-

ends, after imposition of the expulsion or suspension receipt of the report

and shall include the pupil's name, address, date of birth, driver's license

number, if available, and the reason or reasons for the expulsion or sus-

pension a description of the act committed by the pupil. Upon receipt of

notification of the suspension or expulsion of a pupil from school as pro-

vided in this section the notice, the division of vehicles shall suspend the

pupil's driver's license or privilege to operate a motor vehicle on the

streets and highways of this state. The duration of the suspension shall

be for a period of one year. Upon expiration of the period of suspension,

the pupil may apply to the division for return of the license. If the license

has expired, the pupil may apply for a new license, which shall be issued

promptly upon payment of the proper fee and satisfaction of other con-

ditions established by law for obtaining a license unless another suspen-

sion or revocation of the pupil's privilege to operate a motor vehicle is in

effect. If the pupil does not have a driver's license, the pupil's driving

privileges shall be revoked. No Kansas driver's license shall be issued to

a pupil whose driving privileges have been revoked pursuant to this sub-

section for a period of one year:

(b) If a pupil who is expelled or suspended from school as provided

in this section does not have a driver's license, the pupil's driving privi-

leges shall be revoked. No Kansas driver's license shall be issued to a

pupil whose driving privileges have been revoked pursuant to this sub-

section for a period of one year:

(1) Immediately following the date of receipt by the division of no-

tification from a law enforcement agency containing the description of

the pupil's expulsion or suspension act, if the pupil is eligible to apply for

a driver's license; or

(2) after the date the pupil will be eligible to apply for a driver's

license, if the pupil is not eligible to apply for a driver's license on the

date of receipt of the notification.

(c) (b) If the pupil's driving privileges have been revoked, suspended

or canceled for another cause, the suspension or revocation required by

this section shall apply consecutively to the previous revocation, suspen-

sion or cancellation.

(c) Upon suspension or revocation of a pupil's privilege to operate a

motor vehicle as provided in this section, the division of vehicles shall

immediately notify the pupil in writing. If the pupil makes a written re-

quest for hearing within 30 days after such notice of suspension or rev-

ocation, the division of vehicles shall afford the pupil an opportunity for

a hearing as provided by K.S.A. 8-255, and amendments thereto, except

that the scope of the hearing shall be limited to determination of whether

there are reasonable grounds to believe the pupil was in possession of a

weapon, controlled substance or illegal drug at school, upon school prop-

erty, or at a school-supervised activity or was engaged in behavior at

school, upon school property, or at a school-supervised activity, which

resulted in, or was substantially likely to have resulted in, serious bodily

injury to others.

(d) For the purposes of this section, the term driver's license includes,

in addition to any commercial driver's license and any class A, B, C or M

driver's license, any restricted license issued under K.S.A. 8-237, and

amendments thereto, any instruction permit issued under K.S.A. 8-239,

and amendments thereto, and any farm permit issued under K.S.A. 8-

296, and amendments thereto.

Sec. 3. K.S.A. 2000 Supp. 72-89a01 is hereby amended to read as

follows: 72-89a01. As used in this act:

(a) ``Board of education'' means the board of education of a unified

school district or the governing authority of an accredited nonpublic

school.

(b) ``School'' means a public school or an accredited nonpublic school.

(c) ``Public school'' means a school operated by a unified school dis-

trict organized under the laws of this state.

(d) ``Accredited nonpublic school'' means a nonpublic school partic-

ipating in the quality performance accreditation system.

(e) ``Chief administrative officer of a school'' means, in the case of a

public school, the superintendent of schools and, in the case of an ac-

credited nonpublic school, the person designated as chief administrative

officer by the governing authority of the school.

(f) ``Federal law'' means the individuals with disabilities education

act, section 504 of the rehabilitation act, the gun-free schools act of 1994,

and regulations adopted pursuant to such acts.

(g) ``Secretary of education'' means the secretary of the United States

department of education.

(h) ``Weapon'' means (1) any weapon which will or is designed to or

may readily be converted to expel a projectile by the action of an explo-

sive; (2) the frame or receiver of any weapon described in the preceding

example; (3) any firearm muffler or firearm silencer; (4) any explosive,

incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a

propellant charge of more than four ounces, (D) missile having an explo-

sive or incendiary charge of more than 1/4 ounce, (E) mine, or (F) similar

device; (5) any weapon which will, or which may be readily converted to,

expel a projectile by the action of an explosive or other propellant, and

which has any barrel with a bore of more than 1/2 inch in diameter; (6)

any combination of parts either designed or intended for use in converting

any device into any destructive device described in the two immediately

preceding examples, and from which a destructive device may be readily

assembled; (7) any bludgeon, sandclub, metal knuckles or throwing star;

(8) any knife, commonly referred to as a switch-blade, which has a blade

that opens automatically by hand pressure applied to a button, spring or

other device in the handle of the knife, or any knife having a blade that

opens or falls or is ejected into position by the force of gravity or by an

outward, downward or centrifugal thrust or movement; (9) any electronic

device designed to discharge immobilizing levels of electricity, commonly

known as a stun gun. The term ``weapon'' does not include within its

meaning (1) an antique firearm; (2) any device which is neither designed

nor redesigned for use as a weapon; (3) any device, although originally

designed for use as a weapon, which is redesigned for use as a signaling,

pyrotechnic, line throwing, safety, or similar device; (4) surplus ordinance

sold, loaned, or given by the secretary of the army pursuant to the pro-

visions of section 4684(2), 4685, or 4686 of title 10 of the United States

Code; (5) class C common fireworks.

Sec. 4. K.S.A. 2000 Supp. 72-89a01, 72-89c01 and 72-89c02 are

hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 18, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001