HB 2197--
By Representative Tanner

AN ACT concerning juveniles; relating to city ordinance violations; amending K.S.A. 1995 Supp. 38-1602, as amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 1995 Supp. 38-1602, as amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas, is hereby amended to read as follows: 38-1602. As used in this code, unless the context other- wise requires: (a) ``Juvenile'' means a person 10 or more years of age but less than 18 years of age. (b) ``Juvenile offender'' means a person who does an act while a ju- venile which if done by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and amendments thereto or who violates the provisions of K.S.A. 21-4204a or K.S.A. 41- 727 or subsection (j) of K.S.A. 74-8810, and amendments thereto, but does not include: (1) A person 14 or more years of age who commits a traffic offense, as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto; (2) a person 16 years of age or over who commits an offense defined in chapter 32 of the Kansas Statutes Annotated; or (3) a person whose prosecution as an adult is authorized pursuant to K.S.A. 38-1636 and amendments thereto.; (4) a person 14 or more years of age who commits a violation of an ordinance of any city which prohibits an act which is not a violation of state law; or (5) a person who commits a violation of an ordinance cigarette or tobacco infraction. (c) ``Parent,'' when used in relation to a juvenile or a juvenile of- fender, includes a guardian, conservator and every person who is by law liable to maintain, care for or support the juvenile. (d) ``Law enforcement officer'' means any person who by virtue of that person's office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. (e) ``Youth residential facility'' means any home, foster home or struc- ture which provides twenty-four-hour-a-day care for juveniles and which is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated. (f) ``Juvenile detention facility'' means any secure public or private facility which is used for the lawful custody of accused or adjudicated juvenile offenders and which must not be a jail. (g) ``Juvenile correctional facility'' means a facility operated by the commissioner for juvenile offenders. (h) ``Warrant'' means a written order by a judge of the court directed to any law enforcement officer commanding the officer to take into cus- tody the juvenile named or described therein. (i) ``Commissioner'' means the commissioner of juvenile justice. (j) ``Jail'' means: (1) An adult jail or lockup; or (2) a facility in the same building as an adult jail or lockup, unless the facility meets all applicable licensure requirements under law and there is (A) total separation of the juvenile and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities; (B) total separation in all juvenile and adult program activities within the facilities, including rec- reation, education, counseling, health care, dining, sleeping, and general living activities; and (C) separate juvenile and adult staff, including man- agement, security staff and direct care staff such as recreational, educa- tional and counseling. (k) ``Court-appointed special advocate'' means a responsible adult, other than an attorney appointed pursuant to K.S.A. 38-1606 and amend- ments thereto, who is appointed by the court to represent the best inter- ests of a child, as provided in K.S.A. 1995 1996 Supp. 38-1606a, and amendments thereto, in a proceeding pursuant to this code. (l) ``Juvenile intake and assessment worker'' means a responsible adult authorized to perform intake and assessment services as part of the intake and assessment system established pursuant to section 5 K.S.A. 1996 Supp. 75-7023, and amendments thereto. (m) ``Institution'' means the following institutions: The juvenile cor- rectional facility at Atchison, the juvenile correctional facility at Beloit, the juvenile correctional facility at Larned, the juvenile correctional fa- cility at Osawatomie and the juvenile correctional facility at Topeka. Sec. 2. K.S.A. 1995 Supp. 38-1602, as amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas, is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.