State Codes and Statutes

Statutes > Kansas > Chapter22 > Article24 > Statutes_12236

22-2401a

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 24.--ARREST

      22-2401a.   Jurisdiction; law enforcement officers;tribal law enforcement agency, liability insurance required, when; TAG lawenforcement officers.(1) Law enforcement officers employed by consolidated county law enforcementagencies or departments and sheriffs and their deputies may exercise theirpowers as law enforcement officers:

      (a)   Anywhere within their county; and

      (b)   in any other place when a request for assistance has been made by lawenforcement officers from that place or when in fresh pursuit of a person.

      (2)   Law enforcement officers employed by any city may exercise their powersas law enforcement officers:

      (a)   Anywhere within the city limits of the city employing them and outside ofsuch city when on property owned or under the control of such city; and

      (b)   in any other place when a request for assistance has been made by lawenforcement officers from that place or when in fresh pursuit of a person.

      (3) (a)   Law enforcement officers employed by a Native American Indian Tribemay exercise powers of law enforcement officers anywhere within the exteriorlimits of the reservation of the tribe employing such tribal law enforcementofficer, subject to the following:

      (i)   The provisions of subsection (3)(a) shall be applicable onlyas long as such Native American Indian Tribe maintains in force a valid andbinding agreement with an insurance carrier to provide liability insurancecoverage for damages arising from the acts, errors or omissions of such triballaw enforcement agency or officer while acting pursuant to this section andwaives its tribal immunity, as provided in paragraph (b) of subsection (3), forany liability for damages arising from the acts, errors oromissions of suchtribal law enforcement agency or officer while acting pursuant to this section.Such insurance policy shall: (A) (1) Be in an amount not less than $500,000 forany one person and $2,000,000 for any one occurrence for personal injury and$1,000,000 for any one occurrence for property damage; (2) be in an amount notless than $2,000,000 aggregate loss limit; and (3) carry an endorsement toprovide coverage for mutual aid assistance; and(B) include an endorsement providing that the insurer may not invoke tribalsovereign immunity up to the limits of the policy set forth herein.Any insurance carrier providing to a tribe the liability insurance coveragedescribed in this subsection shall certify to the attorney general that thetribe has in effect coverage which complies with the requirements of thissubsection. Such carrier shall notify the attorney general immediately byfirst class mail if for any reason such coverage terminates or no longercomplies with the requirements of this subsection.

      (ii)   The provisions of subsection (3)(a) shall be applicable only if suchNative American Indian Tribe has filed with the county clerk a map clearlyshowing the boundaries of the Tribe's reservation as defined in this section.

      (b)   If a claim is brought against any tribal law enforcement agency orofficer for acts committed by such agency or officer while acting pursuant tothis section, such claim shall be subject to disposition as if the tribe wasthe state pursuant to the Kansas tort claims act, provided that such actshall not govern the tribe's purchase of insurance. The tribe shall waiveits sovereign immunity solely to the extent necessary to permit recovery underthe liability insurance, but not to exceed the policy limits.

      (c)   Nothing in this subsection (3) shall be construed to prohibit anyagreement between any state, county or city law enforcement agency and anyNative American Indian Tribe.

      (d)   Nothing in this subsection (3) shall be construed to affect the provisionof law enforcement services outside the exterior boundaries of reservations soas to affect in any way the criteria by which the United States department ofthe interior makes a determination regarding placement of land into trust.

      (e)   Neither the state nor any political subdivision of the state shall beliable for any act or failure to act by any tribal law enforcement officer.

      (4)   University police officers employed by the chief executive officer of anystate educational institution or municipal university may exercise their powersas university police officers anywhere:

      (a)   On property owned or operated by the state educational institution ormunicipal university, by a board of trustees of the state educationalinstitution, an endowment association, an athletic association, a fraternity,sorority or other student group associated with the state educationalinstitution or municipal university;

      (b)   on the streets, property and highways immediately adjacent to thecampus of the state educational institution or municipal university;

      (c)   within the city where such property as described in this subsection islocated, as necessary to protect the health, safety and welfare of studentsand faculty of the state educational institution or municipal university, withappropriate agreement by the local law enforcement agencies. Such agreementsshall include provisions defining the geographical scope of the jurisdictionconferred, circumstances requiring the extended jurisdiction, scope of lawenforcement powers and duration of the agreement. Any agreement entered intopursuant to this provision shall be approved by the governing body of the cityor county, or both, having jurisdiction where such property is located, andthe chief executive officer of the state educational institution or municipaluniversity involved before such agreement may take effect; and

      (d)   additionally, when there is reason to believe that a violation of a statelaw, a county resolution, or a city ordinance has occurred on propertydescribed in subsection (4)(a) or (b), such officers with appropriatenotification of, and coordination with, local law enforcement agencies ordepartments, may investigate and arrest persons for such a violation anywherewithin the city where such property, streets and highways are located.Such officers also may exercise such powers in any other place when in freshpursuit of a person. University police officers shall also have authority totransport persons in custody to an appropriate facility, wherever it may belocated. University police officers at the university of Kansas medical centermay provide emergency transportation of medical supplies and transplant organs.

      (5)   In addition to the areas where law enforcement officers may exercisetheir powers pursuant to subsection (2), law enforcement officers of anyjurisdiction within Johnson or Sedgwick county may exercise their powers as lawenforcement officers in any area within the respective county when executing avalid arrest warrant or search warrant, to the extent necessary to execute suchwarrants.

      (6)   In addition to the areas where university police officers may exercisetheir powers pursuant to subsection (4), university police officers mayexercise the powers of law enforcement officers in any area outside theirnormal jurisdiction when a request for assistance has been made by lawenforcement officers from the area for which assistance is requested.

      (7)   In addition to the areas where law enforcement officers may exercisetheir powers pursuant to subsection (2), law enforcement officers of anyjurisdiction within Johnson county may exercise their powers as law enforcementofficers in any adjoining city within Johnson county when any crime, includinga traffic infraction, has been or is being committed by a person in view of thelaw enforcement officer. A law enforcement officer shall be considered to beexercising such officer's powers pursuant to subsection (2), when such officeris responding to the scene of a crime, even if such officer exits the citylimits of the city employing the officer and further reenters the city limitsof the city employing the officer to respond to such scene.

      (8)   Campus police officers employed by a community college or school districtmay exercise the power and authority of law enforcement officers anywhere:

      (a)   On property owned, occupied or operated by the school district orcommunity college or at the site of a function sponsored by the school districtor community college;

      (b)   on the streets, property and highways immediately adjacent to andcoterminous with property described in subsection (8)(a);

      (c)   within the city or county where property described in subsection (8)(a)is located, as necessary to protect the health, safety and welfare of studentsand faculty of the school district or community college, with appropriateagreement by local law enforcement agencies. Such agreements shall includeprovisions, defining the geographical scope of the jurisdiction conferred,circumstances requiring the extended jurisdiction, scope of law enforcementpowers and duration of the agreement. Before any agreement entered intopursuant to this section shall take effect, it shall be approved by thegoverning body of the city or county, or both, having jurisdiction where suchproperty is located, and the board of education or board of trustees involved;

      (d)   with appropriate notification of and coordination with local lawenforcement agencies, within the city or county where property described insubsection (8)(a) or (8)(b) is located, when there is reason to believe that aviolation of a state law, county resolution or city ordinance has occurred onsuch property, as necessary to investigate and arrest persons for such aviolation;

      (e)   when in fresh pursuit of a person; and

      (f)   when transporting persons in custody to an appropriate facility, whereverit may be located.

      (9)   TAG law enforcement officers employed by the adjutant general mayexercise their powers as police officers anywhere:

      (a)   On property owned or under the control of the Kansas national guard orany component under the command of the adjutant general;

      (b)   on the streets, property and highways immediately adjacent to propertyowned or under the control of the Kansas national guard; within the city orcounty where such property as described in subsection (9)(a) or (b) is located,as necessary to protect such property; or to protect the health, safety andwelfare of members of the national guard, reserve or employees of the UnitedStates department of defense, the United States department of homelandsecurity or any branch of the United States military with appropriateagreement by the local law enforcement agencies. Such agreements shall includeprovisions defining the geographical scope of the jurisdiction conferred,circumstances requiring the extended jurisdiction, scope of law enforcementpowers and duration of the agreement. Any agreement entered into pursuant tothis provision shall be approved by the governing body of the city or county,or both, having jurisdiction where such property is located, and the adjutantgeneral before such agreement may take effect. In addition, when there isreason to believe that a violation of a state law, a county resolution or acity ordinance has occurred on property described in subsection (9)(a) or (b),after providing appropriate notification to, and coordination with, local lawenforcement agencies or departments, such officers may investigate and arrestpersons for such a violation anywhere within the city or county where suchproperty, streets and highways are located. Such officers also may exercisesuch powers in any other place when in fresh pursuit of a person. TAG lawenforcement officers shall also have authority to transport persons in custodyto an appropriate facility, wherever it may be located.

      (10)   As used in this section:

      (a)   "Law enforcement officer" means: (1) Any law enforcement officer asdefined in K.S.A. 22-2202, and amendments thereto; or (2) any tribal lawenforcement officer who is employed by a Native American Indian Tribe and hascompleted successfully the initial and any subsequent law enforcement trainingrequired under the Kansas law enforcement training act.

      (b)   "University police officer" means a police officer employed by the chiefexecutive officer of: (1) Any state educational institution under the controland supervision of the state board of regents; or (2) a municipal university.

      (c)   "Campus police officer" means a school security officer designated asa campus police officer pursuant to K.S.A. 72-8222, and amendments thereto.

      (d)   "Fresh pursuit" means pursuit, without unnecessary delay, of a person whohas committed a crime, or who is reasonably suspected of havingcommitted a crime.

      (e)   "Native American Indian Tribe" means the Prairie Band Potawatomi Nation,Kickapoo Tribe in Kansas, Sac and Fox Nation of Missouri and the Iowa Tribe ofKansas and Nebraska.

      (f)   "Reservation" means:

      (i)   With respect to the Iowa Tribe of Kansas and Nebraska, the reservationestablished by treaties with the United States concluded May 17, 1854, andMarch 6, 1861;

      (ii)   with respect to the Kickapoo Nation, the reservation established bytreaty with the United States concluded June 28, 1862;

      (iii)   with respect to the Prairie Band Potawatomi Nation in Kansas, thereservation established by treaties with the United States concluded June 5,1846, November 15, 1861, and February 27, 1867; and

      (iv)   with respect to the Sac and Fox Nation of Missouri in Kansas andNebraska: (A) the reservation established by treaties with the United Statesconcluded May 18, 1854, and March 6, 1861, and by acts of Congress of June 10,1872 (17 Stat. 391), and August 15, 1876 (19 Stat. 208), and (B) the premisesof the gaming facility established pursuant to the gaming compact entered intobetween such nation and the state of Kansas, and the surrounding parcel of landheld in trust which lies adjacent to and east of U.S. Highway 75 and adjacentto and north of Kansas Highway 20, as identified in such compact.

      (g)   "TAG law enforcement officer" means a police officer employed by theadjutant general pursuant to K.S.A. 48-204 and amendments thereto.

      History:   L. 1977, ch. 82, § 1;L. 1977, ch. 84, § 1;L. 1982, ch. 380, § 2;L. 1985, ch. 113, § 1;L. 1994, ch. 286, § 1;L. 1995, ch. 180, § 2;L. 1996, ch. 224, § 8;L. 1998, ch. 20, § 1;L. 2004, ch. 180, § 5;L. 2007, ch. 9, § 1;L. 2007, ch. 195, § 14; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article24 > Statutes_12236

22-2401a

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 24.--ARREST

      22-2401a.   Jurisdiction; law enforcement officers;tribal law enforcement agency, liability insurance required, when; TAG lawenforcement officers.(1) Law enforcement officers employed by consolidated county law enforcementagencies or departments and sheriffs and their deputies may exercise theirpowers as law enforcement officers:

      (a)   Anywhere within their county; and

      (b)   in any other place when a request for assistance has been made by lawenforcement officers from that place or when in fresh pursuit of a person.

      (2)   Law enforcement officers employed by any city may exercise their powersas law enforcement officers:

      (a)   Anywhere within the city limits of the city employing them and outside ofsuch city when on property owned or under the control of such city; and

      (b)   in any other place when a request for assistance has been made by lawenforcement officers from that place or when in fresh pursuit of a person.

      (3) (a)   Law enforcement officers employed by a Native American Indian Tribemay exercise powers of law enforcement officers anywhere within the exteriorlimits of the reservation of the tribe employing such tribal law enforcementofficer, subject to the following:

      (i)   The provisions of subsection (3)(a) shall be applicable onlyas long as such Native American Indian Tribe maintains in force a valid andbinding agreement with an insurance carrier to provide liability insurancecoverage for damages arising from the acts, errors or omissions of such triballaw enforcement agency or officer while acting pursuant to this section andwaives its tribal immunity, as provided in paragraph (b) of subsection (3), forany liability for damages arising from the acts, errors oromissions of suchtribal law enforcement agency or officer while acting pursuant to this section.Such insurance policy shall: (A) (1) Be in an amount not less than $500,000 forany one person and $2,000,000 for any one occurrence for personal injury and$1,000,000 for any one occurrence for property damage; (2) be in an amount notless than $2,000,000 aggregate loss limit; and (3) carry an endorsement toprovide coverage for mutual aid assistance; and(B) include an endorsement providing that the insurer may not invoke tribalsovereign immunity up to the limits of the policy set forth herein.Any insurance carrier providing to a tribe the liability insurance coveragedescribed in this subsection shall certify to the attorney general that thetribe has in effect coverage which complies with the requirements of thissubsection. Such carrier shall notify the attorney general immediately byfirst class mail if for any reason such coverage terminates or no longercomplies with the requirements of this subsection.

      (ii)   The provisions of subsection (3)(a) shall be applicable only if suchNative American Indian Tribe has filed with the county clerk a map clearlyshowing the boundaries of the Tribe's reservation as defined in this section.

      (b)   If a claim is brought against any tribal law enforcement agency orofficer for acts committed by such agency or officer while acting pursuant tothis section, such claim shall be subject to disposition as if the tribe wasthe state pursuant to the Kansas tort claims act, provided that such actshall not govern the tribe's purchase of insurance. The tribe shall waiveits sovereign immunity solely to the extent necessary to permit recovery underthe liability insurance, but not to exceed the policy limits.

      (c)   Nothing in this subsection (3) shall be construed to prohibit anyagreement between any state, county or city law enforcement agency and anyNative American Indian Tribe.

      (d)   Nothing in this subsection (3) shall be construed to affect the provisionof law enforcement services outside the exterior boundaries of reservations soas to affect in any way the criteria by which the United States department ofthe interior makes a determination regarding placement of land into trust.

      (e)   Neither the state nor any political subdivision of the state shall beliable for any act or failure to act by any tribal law enforcement officer.

      (4)   University police officers employed by the chief executive officer of anystate educational institution or municipal university may exercise their powersas university police officers anywhere:

      (a)   On property owned or operated by the state educational institution ormunicipal university, by a board of trustees of the state educationalinstitution, an endowment association, an athletic association, a fraternity,sorority or other student group associated with the state educationalinstitution or municipal university;

      (b)   on the streets, property and highways immediately adjacent to thecampus of the state educational institution or municipal university;

      (c)   within the city where such property as described in this subsection islocated, as necessary to protect the health, safety and welfare of studentsand faculty of the state educational institution or municipal university, withappropriate agreement by the local law enforcement agencies. Such agreementsshall include provisions defining the geographical scope of the jurisdictionconferred, circumstances requiring the extended jurisdiction, scope of lawenforcement powers and duration of the agreement. Any agreement entered intopursuant to this provision shall be approved by the governing body of the cityor county, or both, having jurisdiction where such property is located, andthe chief executive officer of the state educational institution or municipaluniversity involved before such agreement may take effect; and

      (d)   additionally, when there is reason to believe that a violation of a statelaw, a county resolution, or a city ordinance has occurred on propertydescribed in subsection (4)(a) or (b), such officers with appropriatenotification of, and coordination with, local law enforcement agencies ordepartments, may investigate and arrest persons for such a violation anywherewithin the city where such property, streets and highways are located.Such officers also may exercise such powers in any other place when in freshpursuit of a person. University police officers shall also have authority totransport persons in custody to an appropriate facility, wherever it may belocated. University police officers at the university of Kansas medical centermay provide emergency transportation of medical supplies and transplant organs.

      (5)   In addition to the areas where law enforcement officers may exercisetheir powers pursuant to subsection (2), law enforcement officers of anyjurisdiction within Johnson or Sedgwick county may exercise their powers as lawenforcement officers in any area within the respective county when executing avalid arrest warrant or search warrant, to the extent necessary to execute suchwarrants.

      (6)   In addition to the areas where university police officers may exercisetheir powers pursuant to subsection (4), university police officers mayexercise the powers of law enforcement officers in any area outside theirnormal jurisdiction when a request for assistance has been made by lawenforcement officers from the area for which assistance is requested.

      (7)   In addition to the areas where law enforcement officers may exercisetheir powers pursuant to subsection (2), law enforcement officers of anyjurisdiction within Johnson county may exercise their powers as law enforcementofficers in any adjoining city within Johnson county when any crime, includinga traffic infraction, has been or is being committed by a person in view of thelaw enforcement officer. A law enforcement officer shall be considered to beexercising such officer's powers pursuant to subsection (2), when such officeris responding to the scene of a crime, even if such officer exits the citylimits of the city employing the officer and further reenters the city limitsof the city employing the officer to respond to such scene.

      (8)   Campus police officers employed by a community college or school districtmay exercise the power and authority of law enforcement officers anywhere:

      (a)   On property owned, occupied or operated by the school district orcommunity college or at the site of a function sponsored by the school districtor community college;

      (b)   on the streets, property and highways immediately adjacent to andcoterminous with property described in subsection (8)(a);

      (c)   within the city or county where property described in subsection (8)(a)is located, as necessary to protect the health, safety and welfare of studentsand faculty of the school district or community college, with appropriateagreement by local law enforcement agencies. Such agreements shall includeprovisions, defining the geographical scope of the jurisdiction conferred,circumstances requiring the extended jurisdiction, scope of law enforcementpowers and duration of the agreement. Before any agreement entered intopursuant to this section shall take effect, it shall be approved by thegoverning body of the city or county, or both, having jurisdiction where suchproperty is located, and the board of education or board of trustees involved;

      (d)   with appropriate notification of and coordination with local lawenforcement agencies, within the city or county where property described insubsection (8)(a) or (8)(b) is located, when there is reason to believe that aviolation of a state law, county resolution or city ordinance has occurred onsuch property, as necessary to investigate and arrest persons for such aviolation;

      (e)   when in fresh pursuit of a person; and

      (f)   when transporting persons in custody to an appropriate facility, whereverit may be located.

      (9)   TAG law enforcement officers employed by the adjutant general mayexercise their powers as police officers anywhere:

      (a)   On property owned or under the control of the Kansas national guard orany component under the command of the adjutant general;

      (b)   on the streets, property and highways immediately adjacent to propertyowned or under the control of the Kansas national guard; within the city orcounty where such property as described in subsection (9)(a) or (b) is located,as necessary to protect such property; or to protect the health, safety andwelfare of members of the national guard, reserve or employees of the UnitedStates department of defense, the United States department of homelandsecurity or any branch of the United States military with appropriateagreement by the local law enforcement agencies. Such agreements shall includeprovisions defining the geographical scope of the jurisdiction conferred,circumstances requiring the extended jurisdiction, scope of law enforcementpowers and duration of the agreement. Any agreement entered into pursuant tothis provision shall be approved by the governing body of the city or county,or both, having jurisdiction where such property is located, and the adjutantgeneral before such agreement may take effect. In addition, when there isreason to believe that a violation of a state law, a county resolution or acity ordinance has occurred on property described in subsection (9)(a) or (b),after providing appropriate notification to, and coordination with, local lawenforcement agencies or departments, such officers may investigate and arrestpersons for such a violation anywhere within the city or county where suchproperty, streets and highways are located. Such officers also may exercisesuch powers in any other place when in fresh pursuit of a person. TAG lawenforcement officers shall also have authority to transport persons in custodyto an appropriate facility, wherever it may be located.

      (10)   As used in this section:

      (a)   "Law enforcement officer" means: (1) Any law enforcement officer asdefined in K.S.A. 22-2202, and amendments thereto; or (2) any tribal lawenforcement officer who is employed by a Native American Indian Tribe and hascompleted successfully the initial and any subsequent law enforcement trainingrequired under the Kansas law enforcement training act.

      (b)   "University police officer" means a police officer employed by the chiefexecutive officer of: (1) Any state educational institution under the controland supervision of the state board of regents; or (2) a municipal university.

      (c)   "Campus police officer" means a school security officer designated asa campus police officer pursuant to K.S.A. 72-8222, and amendments thereto.

      (d)   "Fresh pursuit" means pursuit, without unnecessary delay, of a person whohas committed a crime, or who is reasonably suspected of havingcommitted a crime.

      (e)   "Native American Indian Tribe" means the Prairie Band Potawatomi Nation,Kickapoo Tribe in Kansas, Sac and Fox Nation of Missouri and the Iowa Tribe ofKansas and Nebraska.

      (f)   "Reservation" means:

      (i)   With respect to the Iowa Tribe of Kansas and Nebraska, the reservationestablished by treaties with the United States concluded May 17, 1854, andMarch 6, 1861;

      (ii)   with respect to the Kickapoo Nation, the reservation established bytreaty with the United States concluded June 28, 1862;

      (iii)   with respect to the Prairie Band Potawatomi Nation in Kansas, thereservation established by treaties with the United States concluded June 5,1846, November 15, 1861, and February 27, 1867; and

      (iv)   with respect to the Sac and Fox Nation of Missouri in Kansas andNebraska: (A) the reservation established by treaties with the United Statesconcluded May 18, 1854, and March 6, 1861, and by acts of Congress of June 10,1872 (17 Stat. 391), and August 15, 1876 (19 Stat. 208), and (B) the premisesof the gaming facility established pursuant to the gaming compact entered intobetween such nation and the state of Kansas, and the surrounding parcel of landheld in trust which lies adjacent to and east of U.S. Highway 75 and adjacentto and north of Kansas Highway 20, as identified in such compact.

      (g)   "TAG law enforcement officer" means a police officer employed by theadjutant general pursuant to K.S.A. 48-204 and amendments thereto.

      History:   L. 1977, ch. 82, § 1;L. 1977, ch. 84, § 1;L. 1982, ch. 380, § 2;L. 1985, ch. 113, § 1;L. 1994, ch. 286, § 1;L. 1995, ch. 180, § 2;L. 1996, ch. 224, § 8;L. 1998, ch. 20, § 1;L. 2004, ch. 180, § 5;L. 2007, ch. 9, § 1;L. 2007, ch. 195, § 14; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article24 > Statutes_12236

22-2401a

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 24.--ARREST

      22-2401a.   Jurisdiction; law enforcement officers;tribal law enforcement agency, liability insurance required, when; TAG lawenforcement officers.(1) Law enforcement officers employed by consolidated county law enforcementagencies or departments and sheriffs and their deputies may exercise theirpowers as law enforcement officers:

      (a)   Anywhere within their county; and

      (b)   in any other place when a request for assistance has been made by lawenforcement officers from that place or when in fresh pursuit of a person.

      (2)   Law enforcement officers employed by any city may exercise their powersas law enforcement officers:

      (a)   Anywhere within the city limits of the city employing them and outside ofsuch city when on property owned or under the control of such city; and

      (b)   in any other place when a request for assistance has been made by lawenforcement officers from that place or when in fresh pursuit of a person.

      (3) (a)   Law enforcement officers employed by a Native American Indian Tribemay exercise powers of law enforcement officers anywhere within the exteriorlimits of the reservation of the tribe employing such tribal law enforcementofficer, subject to the following:

      (i)   The provisions of subsection (3)(a) shall be applicable onlyas long as such Native American Indian Tribe maintains in force a valid andbinding agreement with an insurance carrier to provide liability insurancecoverage for damages arising from the acts, errors or omissions of such triballaw enforcement agency or officer while acting pursuant to this section andwaives its tribal immunity, as provided in paragraph (b) of subsection (3), forany liability for damages arising from the acts, errors oromissions of suchtribal law enforcement agency or officer while acting pursuant to this section.Such insurance policy shall: (A) (1) Be in an amount not less than $500,000 forany one person and $2,000,000 for any one occurrence for personal injury and$1,000,000 for any one occurrence for property damage; (2) be in an amount notless than $2,000,000 aggregate loss limit; and (3) carry an endorsement toprovide coverage for mutual aid assistance; and(B) include an endorsement providing that the insurer may not invoke tribalsovereign immunity up to the limits of the policy set forth herein.Any insurance carrier providing to a tribe the liability insurance coveragedescribed in this subsection shall certify to the attorney general that thetribe has in effect coverage which complies with the requirements of thissubsection. Such carrier shall notify the attorney general immediately byfirst class mail if for any reason such coverage terminates or no longercomplies with the requirements of this subsection.

      (ii)   The provisions of subsection (3)(a) shall be applicable only if suchNative American Indian Tribe has filed with the county clerk a map clearlyshowing the boundaries of the Tribe's reservation as defined in this section.

      (b)   If a claim is brought against any tribal law enforcement agency orofficer for acts committed by such agency or officer while acting pursuant tothis section, such claim shall be subject to disposition as if the tribe wasthe state pursuant to the Kansas tort claims act, provided that such actshall not govern the tribe's purchase of insurance. The tribe shall waiveits sovereign immunity solely to the extent necessary to permit recovery underthe liability insurance, but not to exceed the policy limits.

      (c)   Nothing in this subsection (3) shall be construed to prohibit anyagreement between any state, county or city law enforcement agency and anyNative American Indian Tribe.

      (d)   Nothing in this subsection (3) shall be construed to affect the provisionof law enforcement services outside the exterior boundaries of reservations soas to affect in any way the criteria by which the United States department ofthe interior makes a determination regarding placement of land into trust.

      (e)   Neither the state nor any political subdivision of the state shall beliable for any act or failure to act by any tribal law enforcement officer.

      (4)   University police officers employed by the chief executive officer of anystate educational institution or municipal university may exercise their powersas university police officers anywhere:

      (a)   On property owned or operated by the state educational institution ormunicipal university, by a board of trustees of the state educationalinstitution, an endowment association, an athletic association, a fraternity,sorority or other student group associated with the state educationalinstitution or municipal university;

      (b)   on the streets, property and highways immediately adjacent to thecampus of the state educational institution or municipal university;

      (c)   within the city where such property as described in this subsection islocated, as necessary to protect the health, safety and welfare of studentsand faculty of the state educational institution or municipal university, withappropriate agreement by the local law enforcement agencies. Such agreementsshall include provisions defining the geographical scope of the jurisdictionconferred, circumstances requiring the extended jurisdiction, scope of lawenforcement powers and duration of the agreement. Any agreement entered intopursuant to this provision shall be approved by the governing body of the cityor county, or both, having jurisdiction where such property is located, andthe chief executive officer of the state educational institution or municipaluniversity involved before such agreement may take effect; and

      (d)   additionally, when there is reason to believe that a violation of a statelaw, a county resolution, or a city ordinance has occurred on propertydescribed in subsection (4)(a) or (b), such officers with appropriatenotification of, and coordination with, local law enforcement agencies ordepartments, may investigate and arrest persons for such a violation anywherewithin the city where such property, streets and highways are located.Such officers also may exercise such powers in any other place when in freshpursuit of a person. University police officers shall also have authority totransport persons in custody to an appropriate facility, wherever it may belocated. University police officers at the university of Kansas medical centermay provide emergency transportation of medical supplies and transplant organs.

      (5)   In addition to the areas where law enforcement officers may exercisetheir powers pursuant to subsection (2), law enforcement officers of anyjurisdiction within Johnson or Sedgwick county may exercise their powers as lawenforcement officers in any area within the respective county when executing avalid arrest warrant or search warrant, to the extent necessary to execute suchwarrants.

      (6)   In addition to the areas where university police officers may exercisetheir powers pursuant to subsection (4), university police officers mayexercise the powers of law enforcement officers in any area outside theirnormal jurisdiction when a request for assistance has been made by lawenforcement officers from the area for which assistance is requested.

      (7)   In addition to the areas where law enforcement officers may exercisetheir powers pursuant to subsection (2), law enforcement officers of anyjurisdiction within Johnson county may exercise their powers as law enforcementofficers in any adjoining city within Johnson county when any crime, includinga traffic infraction, has been or is being committed by a person in view of thelaw enforcement officer. A law enforcement officer shall be considered to beexercising such officer's powers pursuant to subsection (2), when such officeris responding to the scene of a crime, even if such officer exits the citylimits of the city employing the officer and further reenters the city limitsof the city employing the officer to respond to such scene.

      (8)   Campus police officers employed by a community college or school districtmay exercise the power and authority of law enforcement officers anywhere:

      (a)   On property owned, occupied or operated by the school district orcommunity college or at the site of a function sponsored by the school districtor community college;

      (b)   on the streets, property and highways immediately adjacent to andcoterminous with property described in subsection (8)(a);

      (c)   within the city or county where property described in subsection (8)(a)is located, as necessary to protect the health, safety and welfare of studentsand faculty of the school district or community college, with appropriateagreement by local law enforcement agencies. Such agreements shall includeprovisions, defining the geographical scope of the jurisdiction conferred,circumstances requiring the extended jurisdiction, scope of law enforcementpowers and duration of the agreement. Before any agreement entered intopursuant to this section shall take effect, it shall be approved by thegoverning body of the city or county, or both, having jurisdiction where suchproperty is located, and the board of education or board of trustees involved;

      (d)   with appropriate notification of and coordination with local lawenforcement agencies, within the city or county where property described insubsection (8)(a) or (8)(b) is located, when there is reason to believe that aviolation of a state law, county resolution or city ordinance has occurred onsuch property, as necessary to investigate and arrest persons for such aviolation;

      (e)   when in fresh pursuit of a person; and

      (f)   when transporting persons in custody to an appropriate facility, whereverit may be located.

      (9)   TAG law enforcement officers employed by the adjutant general mayexercise their powers as police officers anywhere:

      (a)   On property owned or under the control of the Kansas national guard orany component under the command of the adjutant general;

      (b)   on the streets, property and highways immediately adjacent to propertyowned or under the control of the Kansas national guard; within the city orcounty where such property as described in subsection (9)(a) or (b) is located,as necessary to protect such property; or to protect the health, safety andwelfare of members of the national guard, reserve or employees of the UnitedStates department of defense, the United States department of homelandsecurity or any branch of the United States military with appropriateagreement by the local law enforcement agencies. Such agreements shall includeprovisions defining the geographical scope of the jurisdiction conferred,circumstances requiring the extended jurisdiction, scope of law enforcementpowers and duration of the agreement. Any agreement entered into pursuant tothis provision shall be approved by the governing body of the city or county,or both, having jurisdiction where such property is located, and the adjutantgeneral before such agreement may take effect. In addition, when there isreason to believe that a violation of a state law, a county resolution or acity ordinance has occurred on property described in subsection (9)(a) or (b),after providing appropriate notification to, and coordination with, local lawenforcement agencies or departments, such officers may investigate and arrestpersons for such a violation anywhere within the city or county where suchproperty, streets and highways are located. Such officers also may exercisesuch powers in any other place when in fresh pursuit of a person. TAG lawenforcement officers shall also have authority to transport persons in custodyto an appropriate facility, wherever it may be located.

      (10)   As used in this section:

      (a)   "Law enforcement officer" means: (1) Any law enforcement officer asdefined in K.S.A. 22-2202, and amendments thereto; or (2) any tribal lawenforcement officer who is employed by a Native American Indian Tribe and hascompleted successfully the initial and any subsequent law enforcement trainingrequired under the Kansas law enforcement training act.

      (b)   "University police officer" means a police officer employed by the chiefexecutive officer of: (1) Any state educational institution under the controland supervision of the state board of regents; or (2) a municipal university.

      (c)   "Campus police officer" means a school security officer designated asa campus police officer pursuant to K.S.A. 72-8222, and amendments thereto.

      (d)   "Fresh pursuit" means pursuit, without unnecessary delay, of a person whohas committed a crime, or who is reasonably suspected of havingcommitted a crime.

      (e)   "Native American Indian Tribe" means the Prairie Band Potawatomi Nation,Kickapoo Tribe in Kansas, Sac and Fox Nation of Missouri and the Iowa Tribe ofKansas and Nebraska.

      (f)   "Reservation" means:

      (i)   With respect to the Iowa Tribe of Kansas and Nebraska, the reservationestablished by treaties with the United States concluded May 17, 1854, andMarch 6, 1861;

      (ii)   with respect to the Kickapoo Nation, the reservation established bytreaty with the United States concluded June 28, 1862;

      (iii)   with respect to the Prairie Band Potawatomi Nation in Kansas, thereservation established by treaties with the United States concluded June 5,1846, November 15, 1861, and February 27, 1867; and

      (iv)   with respect to the Sac and Fox Nation of Missouri in Kansas andNebraska: (A) the reservation established by treaties with the United Statesconcluded May 18, 1854, and March 6, 1861, and by acts of Congress of June 10,1872 (17 Stat. 391), and August 15, 1876 (19 Stat. 208), and (B) the premisesof the gaming facility established pursuant to the gaming compact entered intobetween such nation and the state of Kansas, and the surrounding parcel of landheld in trust which lies adjacent to and east of U.S. Highway 75 and adjacentto and north of Kansas Highway 20, as identified in such compact.

      (g)   "TAG law enforcement officer" means a police officer employed by theadjutant general pursuant to K.S.A. 48-204 and amendments thereto.

      History:   L. 1977, ch. 82, § 1;L. 1977, ch. 84, § 1;L. 1982, ch. 380, § 2;L. 1985, ch. 113, § 1;L. 1994, ch. 286, § 1;L. 1995, ch. 180, § 2;L. 1996, ch. 224, § 8;L. 1998, ch. 20, § 1;L. 2004, ch. 180, § 5;L. 2007, ch. 9, § 1;L. 2007, ch. 195, § 14; July 1.