2016 Legislative Update: Changes to criminal and juvenile laws Presented by: Bryant Barton & Natalie Yoza Douglas County Assistant District Attorneys

Preview Sex and booze Changes to burglary, theft, and possession of marijuana statutes Kansas Open Records Act changes Eyewitness Identification Procedures Juvenile Justice Reform

Sex & Booze Two new crimes related to sex: Revenge Pornography - Teenage Sexting - One less MIP crime, and some new opportunities to make booze

Revenge Pornography Breach of privacy, amending K.S.A. 21-6101 Disseminating any videotape, photograph, film, or image of another identifiable person 18 years of age or older Person is nude or engaged in sexual activity Person had a reasonable expectation of privacy Disseminated with the intent to harass, threaten or intimidate such person Person did not consent Blackmail, amending K.S.A. 21-5428 Intentionally gaining or attempting to compel another to act against their will, by threatening to disseminate revenge porn H.B. 2501, sec. 3 and 5

Teenage Sexting Purpose: lower severity level and no offender registration Unlawful transmission of a visual depiction of a child Knowingly transmitting a visual depiction of a child between 12 and 18 years of age Child is in a state of nudity Offender is less that 19 years old Does not include transmission by the child pictured Aggravated if: Intended to harass, embarrass, intimidate, etc. Rebuttable presumption Done for pecuniary or tangible gain HB 2501, sec. 1, 2, 4 & 7

Teenage Sexting Unlawful possession of a visual depiction of a child Knowingly possessing a visual depiction of a child between 12 and 16 years of age Child is in state of nudity Possessor is less than 19 years old Possessor “received depiction directly and exclusively from the child” pictured Affirmative Defense: I didn’t ask for it; transmit it; and I tried to get rid of it HB 2501, sec. 1, 2, 4 & 7

Minor in Possession (MIP) Exempts a minor from MIP prosecution under K.S.A. 41-727, if: Contact law enforcement or emergency medical services Reasonably believe person needs assistance Cooperate in providing medical assistance Minor = under 21 years of age Minor can be taken into custody if there are safety concerns, but the minor is “exempt from prosecution” for MIP. SB 133

Opportunities to Make Booze Microbreweries can make and sell cider and meade. Microbreweries can increase capacity from 30,000 to 60,000 barrels of domestic beer per year. Liquor Control Act no longer contains a 1- year residency requirement for microbrewery, microdistillery, and farm winery licensees SB 326

Changes to Burglary Statute Burglary of Open Business is no longer a crime, amending K.S.A. 21-5807 Any person entering into or remaining in a retail or commercial premises At any time it is open to public After having received a personal communication from owner or manager of premises not to enter Except when entering or remaining with intent to commit person felony or sexually motivated crime HB 2462

Changes to Burglary Statute Sentencing changes: Burglary of dwelling, building, vehicle = nonperson felony Unless the burglar entered the dwelling to steal a firearm, then it is a person felony Aggravated Burglary (burglary+ a human being) = person felony Burglary of dwelling = presumptive imprisonment if offender has a criminal history score of C, D, or E HB 2462

Changes to Theft Sentencing The threshold for felony theft was increased from $1,000 to $1,500. The prior convictions used to increase penalty for repeat offenders was limited to a 5-year look back. And prior only counts if theft was for $50 or more. HB 2462

Changes to Possession of Marijuana Sentencing First offense is a class B nonperson misdemeanor Second offense is a class A nonperson misdemeanor Subsequent offense is level 5 felony

Kansas Open Records Act (KORA) Police departments are not required to have body cameras, but body cameras and in-car cameras are “criminal investigation records” under KORA. Criminal Investigation Records are generally excluded from KORA, except under court order. But body camera footage can be accessed by the: (1) subject of the video; (2) parent of a juvenile subject; or (3) attorney representing the subject. SB 22

Kansas Open Records Act (KORA) Work related information contained on a government employee’s personally owned electronic device is subject to release under KORA. The personal device is not subject to inspection. Non-work related information is not included. SB 22

Eyewitness Identification Procedures Legislature did not pass a law requiring that law enforcement adopt a particular procedure for photo lineups, live lineups, or on-scene show-ups. Every agency is to have a written “best practices” policy in place by July 2018. HB 2151