Attorney General Opinion No. 2016-021 PDF Download
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Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 9
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Synopsis: Pursuant to K.S.A. 2016 Supp. 65-448, the victim or any law enforcement officer with the written consent of the reported victim may request a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The county where the alleged offense was committed is the responsible party to pay for such examination and sexual assault collection kit but may seek reimbursement as court costs from the convicted defendant for the costs paid by the county. In order to verify the validity of an invoice from the hospital or medical care facility, the county may request non-individually identifiable information associated with the victim to establish a sexual assault examination was conducted and a sexual assault kit was collected pursuant to K.S.A. 2016 Supp. 65-448. A minor, by statute, is competent to give or refuse consent for a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The hospital or medical care facility shall give written notice to the parent or guardian of a minor that such an examination has taken place even when the parent or guardian is the alleged assailant. Cited herein: K.S.A. 2016 Supp. 21-5107; 21-5503; 21-5504; 21-5506; 21-5604; K.S.A. 38-101; 38-108; 38-122; K.S.A. 38-123; 38-123b; 59-2949; K.S.A. 2016 Supp. 65-448; K.S.A. 65-2892; 65-2892a; K.S.A. 2016 Supp. 65-6704; and 74-7333.
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 9
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Book Description
Synopsis: Pursuant to K.S.A. 2016 Supp. 65-448, the victim or any law enforcement officer with the written consent of the reported victim may request a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The county where the alleged offense was committed is the responsible party to pay for such examination and sexual assault collection kit but may seek reimbursement as court costs from the convicted defendant for the costs paid by the county. In order to verify the validity of an invoice from the hospital or medical care facility, the county may request non-individually identifiable information associated with the victim to establish a sexual assault examination was conducted and a sexual assault kit was collected pursuant to K.S.A. 2016 Supp. 65-448. A minor, by statute, is competent to give or refuse consent for a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The hospital or medical care facility shall give written notice to the parent or guardian of a minor that such an examination has taken place even when the parent or guardian is the alleged assailant. Cited herein: K.S.A. 2016 Supp. 21-5107; 21-5503; 21-5504; 21-5506; 21-5604; K.S.A. 38-101; 38-108; 38-122; K.S.A. 38-123; 38-123b; 59-2949; K.S.A. 2016 Supp. 65-448; K.S.A. 65-2892; 65-2892a; K.S.A. 2016 Supp. 65-6704; and 74-7333.
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 5
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Synopsis: As determined in Attorney General Opinion No. 82-8, a person who serves as a police officer holds a city office. Therefore, a person who serves as a city police officer is prohibited by K.S.A. 19-205 from serving as a county commissioner. Cited herein: K.S.A. 14-201; 14-205; 14-302; 19-205; Kan. Const., Art. 12, § 5; Kan. Const., Art. 15, § 2; K.S.A. 13-2903 (repealed).
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 8
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Synopsis: A state university may not ban concealed carry within a university building by designating the entire building as a restricted access building. The Personal and Family Protection Act (PFPA) only allows employees and persons who obtain authorization pursuant to K.S.A. 2016 Supp. 75- 7c20(d)(2)(A) through (C) to enter a state or municipal building through a restricted access entrance without passing through security measures at public entrances. A state university may adopt rules governing the manner in which concealed handguns are carried within university buildings. Cited herein: K.S.A. 2015 Supp. 75-7c20; K.S.A. 2016 Supp. 75-7c01; 75-7c10; 75-7c17; 75-7c20; K.A.R. 16-11-7.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Virginia. Office of the Attorney General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 620
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Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 7
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Book Description
Synopsis: As determined in Attorney General Opinion No. 82-8, a person who serves as a police officer holds a city office. Therefore, a person who serves as a city police officer is prohibited by K.S.A. 19-205 from serving as a county commissioner. Cited herein: K.S.A. 14-201; 14-205; 14-302; 19-205; Kan. Const., Art. 12, § 5; Kan. Const., Art. 15, § 2; K.S.A. 13-2903 (repealed).
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 6
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Synopsis: In the absence of a requisite showing that a county has a special need to conduct random drug testing of all county employees, a county's personnel policy and procedure requiring random drug testing would violate the Fourth Amendment to the United States Constitution and ʹ 15 of the Bill of Rights of the Constitution of the State of Kansas. A board of county commissioners does not have legal authority to subject a county clerk, county treasurer, county sheriff or county register of deeds to personnel policies and procedures requiring random drug testing. Cited herein: K.S.A. 2016 Supp. 19-101a; K.S.A. 19-302; 19-503; 19-805; 19-1202; Kan. Const., Bill of Rights, ʹ 15; U.S. Const., Amend. 4.
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 23
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Book Description
Synopsis: In the absence of a requisite showing that a county has a special need to conduct random drug testing of all county employees, a county's personnel policy and procedure requiring random drug testing would violate the Fourth Amendment to the United States Constitution and ʹ 15 of the Bill of Rights of the Constitution of the State of Kansas. A board of county commissioners does not have legal authority to subject a county clerk, county treasurer, county sheriff or county register of deeds to personnel policies and procedures requiring random drug testing. Cited herein: K.S.A. 2016 Supp. 19-101a; K.S.A. 19-302; 19-503; 19-805; 19-1202; Kan. Const., Bill of Rights, ʹ 15; U.S. Const., Amend. 4.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
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K.S.A. 21-2501a(a) requires that law enforcement agencies maintain permanent records of specified crimes "on forms approved by the attorney general." Such forms, therefore, constitute the records which are required to be maintained, and all information required by these forms is included in such records. Unless such records contain information which is made confidential by law or by directive authorized by law, all information contained in such records is available for public inspection under the Public Records Act (K.S.A. 45-201 e̲t̲ s̲e̲q̲.). If these records contain such confidential information, the law enforcement agency having custody of the records has a duty to make available for public inspection all disclosable portions of the records in a way which protects the confidentiality of the nondisclosable information. Cited herein: K.S.A. 21-2501a, 45-201.
Author: Curt Thomas Schneider
Publisher:
ISBN:
Category :
Languages : en
Pages : 3
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A marshal of a city of the third class is vested with law enforcement powers only within the territorial limits of the municipality which commissioned the officer and has no general police power to arrest throughout the state, except when and as those police powers are expressly extended in extraterritorial application by statute.
