Session of 2018

HOUSE BILL No. 2571
By Representative Alcala
1-30

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AN ACT concerning the open records act; relating to disclosure of
criminal investigation records; disclosure of law enforcement
recordings using a body camera or vehicle camera; amending K.S.A.
2017 Supp. 45-219, 45-221 and 45-254 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2017 Supp. 45-219 is hereby amended to read as
follows: 45-219. (a) Any person may make abstracts or obtain copies of
any public record to which such person has access under this act. If copies
are requested, the public agency may require a written request and advance
payment of the prescribed fee payment of copying fees may be required
prior to the making of copies. A public agency shall not be required to
provide copies of public records maintained on computer facilities, radio
or recording tapes or discs, video tapes or films, pictures, slides, graphics,
illustrations or similar audio or visual items or devices, unless if
duplication equipment is available or if such items or devices were shown
or played to a public meeting of the governing body thereof, but the. A
public agency shall not be required to provide such items or devices which
are copyrighted by a person other than the public agency.
(b) Copies of public records shall be made while the records are in
the possession, custody and control of the custodian or a person designated
by the custodian and shall be made under the supervision of such
custodian or person. When practical, copies shall be made in the place
where the records are kept. If it is impractical to do so, the custodian shall
allow arrangements to be made for use of other facilities. If it is necessary
to use other facilities for copying, the cost thereof shall be paid by the
person desiring a copy of the records. In addition, the public agency may
charge the same fee for the services rendered in supervising the copying as
for furnishing copies under subsection (c) and may establish a reasonable
schedule of times for making copies at other facilities.
(c) Except as provided by subsection (f) or where fees for inspection
or for copies of a public record are prescribed by statute, each public
agency may prescribe reasonable fees for providing access to or furnishing
copies of public records, subject to the following:
(1) In the case of fees for copies of records, the fees shall not exceed

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the actual cost of furnishing copies, including the cost of staff time
required to make the information available.
(2) In the case of fees for providing access to records maintained on
computer facilities, the fees shall include only the cost of any computer
services, including staff time required.
(3) Fees for access to or copies of public records of public agencies
within the legislative branch of the state government shall be established in
accordance with K.S.A. 46-1207a, and amendments thereto.
(4) Fees for access to or copies of public records of public agencies
within the judicial branch of the state government shall be established in
accordance with rules of the supreme court.
(5) Fees for access to or copies of public records of a public agency
within the executive branch of the state government shall be established by
the agency head. Any person requesting records may appeal the
reasonableness of the fees charged for providing access to or furnishing
copies of such records to the secretary of administration whose decision
shall be final. A fee for copies of public records which is equal to or less
than $.25 per page shall be deemed a reasonable fee.
(d) Except as otherwise authorized pursuant to K.S.A. 75-4215, and
amendments thereto, each public agency within the executive branch of
the state government shall remit all moneys received by or for it from fees
charged pursuant to this section to the state treasurer in accordance with
K.S.A. 75-4215, and amendments thereto. Unless otherwise specifically
provided by law, the state treasurer shall deposit the entire amount thereof
in the state treasury and credit the same to the state general fund or an
appropriate fee fund as determined by the agency head.
(e) Each public agency of a political or taxing subdivision shall remit
all moneys received by or for it from fees charged pursuant to this act to
the treasurer of such political or taxing subdivision at least monthly. Upon
receipt of any such moneys, such treasurer shall deposit the entire amount
thereof in the treasury of the political or taxing subdivision and credit the
same to the general fund thereof, unless otherwise specifically provided by
law.
(f) Any person who is a certified shorthand reporter may charge fees
for transcripts of such person's notes of judicial or administrative
proceedings in accordance with rates established pursuant to rules of the
Kansas supreme court.
(g) Nothing in the open records act shall require a public agency to
electronically make copies of public records by allowing a person to obtain
copies of a public record by inserting, connecting or otherwise attaching
an electronic device provided by such person to the computer or other
electronic device of the public agency.
Sec. 2. K.S.A. 2017 Supp. 45-221 is hereby amended to read as

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follows: 45-221. (a) Except to the extent disclosure is otherwise required
by law, a public agency shall not be required to disclose:
(1) Records the disclosure of which is specifically prohibited or
restricted by federal law, state statute or rule of the Kansas supreme court
or rule of the senate committee on confirmation oversight relating to
information submitted to the committee pursuant to K.S.A. 2017 Supp. 754315d, and amendments thereto, or the disclosure of which is prohibited or
restricted pursuant to specific authorization of federal law, state statute or
rule of the Kansas supreme court or rule of the senate committee on
confirmation oversight relating to information submitted to the committee
pursuant to K.S.A. 2017 Supp. 75-4315d, and amendments thereto, to
restrict or prohibit disclosure.
(2) Records which that are privileged under the rules of evidence,
unless the holder of the privilege consents to the disclosure.
(3) Medical, psychiatric, psychological or alcoholism or drug
dependency treatment records which pertain to identifiable patients.
(4) Personnel records, performance ratings or individually identifiable
records pertaining to employees or applicants for employment, except that
this exemption shall not apply to the names, positions, salaries or actual
compensation employment contracts or employment-related contracts or
agreements and lengths of service of officers and employees of public
agencies once they are employed as such.
(5) Information which that would reveal the identity of any
undercover agent or any informant reporting a specific violation of law.
(6) Letters of reference or recommendation pertaining to the character
or qualifications of an identifiable individual, except documents relating to
the appointment of persons to fill a vacancy in an elected office.
(7) Library, archive and museum materials contributed by private
persons, to the extent of any limitations imposed as conditions of the
contribution.
(8) Information which that would reveal the identity of an individual
who lawfully makes a donation to a public agency, if anonymity of the
donor is a condition of the donation, except if the donation is intended for
or restricted to providing remuneration or personal tangible benefit to a
named public officer or employee.
(9) Testing and examination materials, before the test or examination
is given or if it is to be given again, or records of individual test or
examination scores, other than records which that show only passage or
failure and not specific scores.
(10) Criminal investigation records, except as provided herein in
subsection (h). The district court, in an action brought pursuant to K.S.A.
45-222, and amendments thereto, may order disclosure of such records,
subject to such conditions as the court may impose, if the court finds that

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disclosure:
(A) Is in the public interest;
(B) would not interfere with any prospective law enforcement action,
criminal investigation or prosecution;
(C) would not reveal the identity of any confidential source or
undercover agent;
(D) would not reveal confidential investigative techniques or
procedures not known to the general public;
(E) would not endanger the life or physical safety of any person; and
(F) would not reveal the name, address, phone number or any other
information which specifically and individually identifies the victim of any
sexual offense in article 35 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto.
If a public record is discretionarily closed by a public agency pursuant
to this subsection, the record custodian, upon request, shall provide a
written citation to the specific provisions of paragraphs (A) through (F)
that necessitate closure of that public record.
(11) Records of agencies involved in administrative adjudication or
civil litigation, compiled in the process of detecting or investigating
violations of civil law or administrative rules and regulations, if disclosure
would interfere with a prospective administrative adjudication or civil
litigation or reveal the identity of a confidential source or undercover
agent.
(12) Records of emergency or security information or procedures of a
public agency, or plans, drawings, specifications or related information for
any building or facility which that is used for purposes requiring security
measures in or around the building or facility or which that is used for the
generation or transmission of power, water, fuels or communications, if
disclosure would jeopardize security of the public agency, building or
facility.
(13) The contents of appraisals or engineering or feasibility estimates
or evaluations made by or for a public agency relative to the acquisition of
property, prior to the award of formal contracts therefor.
(14) Correspondence between a public agency and a private
individual, other than correspondence which that is intended to give notice
of an action, policy or determination relating to any regulatory, supervisory
or enforcement responsibility of the public agency or which that is widely
distributed to the public by a public agency and is not specifically in
response to communications from such a private individual.
(15) Records pertaining to employer-employee negotiations, if
disclosure would reveal information discussed in a lawful executive
session under K.S.A. 75-4319, and amendments thereto.

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(16) Software programs for electronic data processing and
documentation thereof, but each public agency shall maintain a register,
open to the public, that describes:
(A) The information which that the agency maintains on computer
facilities; and
(B) the form in which the information can be made available using
existing computer programs.
(17) Applications, financial statements and other information
submitted in connection with applications for student financial assistance
where financial need is a consideration for the award.
(18) Plans, designs, drawings or specifications which that are
prepared by a person other than an employee of a public agency or records
which that are the property of a private person.
(19) Well samples, logs or surveys which that the state corporation
commission requires to be filed by persons who have drilled or caused to
be drilled, or are drilling or causing to be drilled, holes for the purpose of
discovery or production of oil or gas, to the extent that disclosure is
limited by rules and regulations of the state corporation commission.
(20) Notes, preliminary drafts, research data in the process of
analysis, unfunded grant proposals, memoranda, recommendations or
other records in which opinions are expressed or policies or actions are
proposed, except that this exemption shall not apply when such records are
publicly cited or identified in an open meeting or in an agenda of an open
meeting.
(21) Records of a public agency having legislative powers, which
records pertain to proposed legislation or amendments to proposed
legislation, except that this exemption shall not apply when such records
are:
(A) Publicly cited or identified in an open meeting or in an agenda of
an open meeting; or
(B) distributed to a majority of a quorum of any body which that has
authority to take action or make recommendations to the public agency
with regard to the matters to which such records pertain.
(22) Records of a public agency having legislative powers, which
records pertain to research prepared for one or more members of such
agency, except that this exemption shall not apply when such records are:
(A) Publicly cited or identified in an open meeting or in an agenda of
an open meeting; or
(B) distributed to a majority of a quorum of any body which that has
authority to take action or make recommendations to the public agency
with regard to the matters to which such records pertain.
(23) Library patron and circulation records which that pertain to
identifiable individuals.

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(24) Records which that are compiled for census or research purposes
and which that pertain to identifiable individuals.
(25) Records which that represent and constitute the work product of
an attorney.
(26) Records of a utility or other public service pertaining to
individually identifiable residential customers of the utility or service.
(27) Specifications for competitive bidding, until the specifications
are officially approved by the public agency.
(28) Sealed bids and related documents, until a bid is accepted or all
bids rejected.
(29) Correctional records pertaining to an identifiable inmate or
release, except that:
(A) The name; photograph and other identifying information;
sentence data; parole eligibility date; custody or supervision level;
disciplinary record; supervision violations; conditions of supervision,
excluding requirements pertaining to mental health or substance abuse
counseling; location of facility where incarcerated or location of parole
office maintaining supervision and address of a releasee whose crime was
committed after the effective date of this act shall be subject to disclosure
to any person other than another inmate or releasee, except that the
disclosure of the location of an inmate transferred to another state pursuant
to the interstate corrections compact shall be at the discretion of the
secretary of corrections;
(B) the attorney general, law enforcement agencies, counsel for the
inmate to whom the record pertains and any county or district attorney
shall have access to correctional records to the extent otherwise permitted
by law;
(C) the information provided to the law enforcement agency pursuant
to the sex offender registration act, K.S.A. 22-4901 et seq., and
amendments thereto, shall be subject to disclosure to any person, except
that the name, address, telephone number or any other information which
specifically and individually identifies the victim of any offender required
to register as provided by the Kansas offender registration act, K.S.A. 224901 et seq., and amendments thereto, shall not be disclosed; and
(D) records of the department of corrections regarding the financial
assets of an offender in the custody of the secretary of corrections shall be
subject to disclosure to the victim, or such victim's family, of the crime for
which the inmate is in custody as set forth in an order of restitution by the
sentencing court.
(30) Public records containing information of a personal nature where
the public disclosure thereof would constitute a clearly unwarranted
invasion of personal privacy.
(31) Public records pertaining to prospective location of a business or

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industry where no previous public disclosure has been made of the
business' or industry's interest in locating in, relocating within or
expanding within the state. This exception shall not include those records
pertaining to application of agencies for permits or licenses necessary to
do business or to expand business operations within this state, except as
otherwise provided by law.
(32) Engineering and architectural estimates made by or for any
public agency relative to public improvements.
(33) Financial information submitted by contractors in qualification
statements to any public agency.
(34) Records involved in the obtaining and processing of intellectual
property rights that are expected to be, wholly or partially vested in or
owned by a state educational institution, as defined in K.S.A. 76-711, and
amendments thereto, or an assignee of the institution organized and
existing for the benefit of the institution.
(35) Any report or record which that is made pursuant to K.S.A. 654922, 65-4923 or 65-4924, and amendments thereto, and which that is
privileged pursuant to K.S.A. 65-4915 or 65-4925, and amendments
thereto.
(36) Information which that would reveal the precise location of an
archeological site.
(37) Any financial data or traffic information from a railroad
company, to a public agency, concerning the sale, lease or rehabilitation of
the railroad's property in Kansas.
(38) Risk-based capital reports, risk-based capital plans and
corrective orders including the working papers and the results of any
analysis filed with the commissioner of insurance in accordance with
K.S.A. 40-2c20 and 40-2d20, and amendments thereto.
(39) Memoranda and related materials required to be used to support
the annual actuarial opinions submitted pursuant to K.S.A. 40-409(b), and
amendments thereto.
(40) Disclosure reports filed with the commissioner of insurance
under K.S.A. 40-2,156(a), and amendments thereto.
(41) All financial analysis ratios and examination synopses
concerning insurance companies that are submitted to the commissioner by
the national association of insurance commissioners' insurance regulatory
information system.
(42) Any records the disclosure of which is restricted or prohibited by
a tribal-state gaming compact.
(43) Market research, market plans, business plans and the terms and
conditions of managed care or other third-party contracts, developed or
entered into by the university of Kansas medical center in the operation
and management of the university hospital which that the chancellor of the

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university of Kansas or the chancellor's designee determines would give an
unfair advantage to competitors of the university of Kansas medical center.
(44) The amount of franchise tax paid to the secretary of revenue or
the secretary of state by domestic corporations, foreign corporations,
domestic limited liability companies, foreign limited liability companies,
domestic limited partnership, foreign limited partnership, domestic limited
liability partnerships and foreign limited liability partnerships.
(45) Records, other than criminal investigation records, the disclosure
of which would pose a substantial likelihood of revealing security
measures that protect: (A) Systems, facilities or equipment used in the
production, transmission or distribution of energy, water or
communications services; (B) transportation and sewer or wastewater
treatment systems, facilities or equipment; or (C) private property or
persons, if the records are submitted to the agency. For purposes of this
paragraph, security means measures that protect against criminal acts
intended to intimidate or coerce the civilian population, influence
government policy by intimidation or coercion or to affect the operation of
government by disruption of public services, mass destruction,
assassination or kidnapping. Security measures include, but are not limited
to, intelligence information, tactical plans, resource deployment and
vulnerability assessments.
(46) Any information or material received by the register of deeds of
a county from military discharge papers, DD Form 214. Such papers shall
be disclosed: To the military dischargee; to such dischargee's immediate
family members and lineal descendants; to such dischargee's heirs, agents
or assigns; to the licensed funeral director who has custody of the body of
the deceased dischargee; when required by a department or agency of the
federal or state government or a political subdivision thereof; when the
form is required to perfect the claim of military service or honorable
discharge or a claim of a dependent of the dischargee; and upon the written
approval of the commissioner of veterans affairs, to a person conducting
research.
(47) Information that would reveal the location of a shelter or a
safehouse or similar place where persons are provided protection from
abuse or the name, address, location or other contact information of
alleged victims of stalking, domestic violence or sexual assault.
(48) Policy information provided by an insurance carrier in
accordance with K.S.A. 44-532(h)(1), and amendments thereto. This
exemption shall not be construed to preclude access to an individual
employer's record for the purpose of verification of insurance coverage or
to the department of labor for their business purposes.
(49) An individual's email address, cell phone number and other
contact information which that has been given to the public agency for the

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purpose of public agency notifications or communications which are
widely distributed to the public.
(50) Information provided by providers to the local collection point
administrator or to the 911 coordinating council pursuant to the Kansas
911 act, and amendments thereto, upon request of the party submitting
such records.
(51) Records of a public agency on a public website which that are
searchable by a keyword search and identify the home address or home
ownership of a law enforcement officer as defined in K.S.A. 2017 Supp.
21-5111, and amendments thereto, parole officer, probation officer, court
services officer or community correctional services officer. Such
individual officer shall file with the custodian of such record a request to
have such officer's identifying information restricted from public access on
such public website. Within 10 business days of receipt of such requests,
the public agency shall restrict such officer's identifying information from
such public access. Such restriction shall expire after five years and such
officer may file with the custodian of such record a new request for
restriction at any time.
(52) Records of a public agency on a public website which that are
searchable by a keyword search and identify the home address or home
ownership of a federal judge, a justice of the supreme court, a judge of the
court of appeals, a district judge, a district magistrate judge, a municipal
judge, the United States attorney for the district of Kansas, an assistant
United States attorney, a special assistant United States attorney, the
attorney general, an assistant attorney general, a special assistant attorney
general, a county attorney, an assistant county attorney, a special assistant
county attorney, a district attorney, an assistant district attorney, a special
assistant district attorney, a city attorney, an assistant city attorney or a
special assistant city attorney. Such person shall file with the custodian of
such record a request to have such person's identifying information
restricted from public access on such public website. Within 10 business
days of receipt of such requests, the public agency shall restrict such
person's identifying information from such public access. Such restriction
shall expire after five years and such person may file with the custodian of
such record a new request for restriction at any time.
(53) Records of a public agency that would disclose the name, home
address, zip code, email address, phone number or cell phone number or
other contact information for any person licensed to carry concealed
handguns or of any person who enrolled in or completed any weapons
training in order to be licensed or has made application for such license
under the personal and family protection act, K.S.A. 2017 Supp. 75-7c01
et seq., and amendments thereto, shall not be disclosed unless otherwise
required by law.

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(54) Records of a utility concerning information about cyber security
threats, attacks or general attempts to attack utility operations provided to
law enforcement agencies, the state corporation commission, the federal
energy regulatory commission, the department of energy, the southwest
power pool, the North American electric reliability corporation, the federal
communications commission or any other federal, state or regional
organization that has a responsibility for the safeguarding of
telecommunications, electric, potable water, waste water disposal or
treatment, motor fuel or natural gas energy supply systems.
(55) Records of a public agency containing information or reports
obtained and prepared by the office of the state bank commissioner in the
course of licensing or examining a person engaged in money transmission
business pursuant to K.S.A. 9-508 et seq., and amendments thereto, shall
not be disclosed except pursuant to K.S.A. 9-513c, and amendments
thereto, or unless otherwise required by law.
(b) Except to the extent disclosure is otherwise required by law or as
appropriate during the course of an administrative proceeding or on appeal
from agency action, a public agency or officer shall not disclose financial
information of a taxpayer which may be required or requested by a county
appraiser or the director of property valuation to assist in the determination
of the value of the taxpayer's property for ad valorem taxation purposes; or
any financial information of a personal nature required or requested by a
public agency or officer, including a name, job description or title
revealing the salary or other compensation of officers, employees or
applicants for employment with a firm, corporation or agency, except a
public agency. Nothing contained herein shall be construed to prohibit the
publication of statistics, so classified as to prevent identification of
particular reports or returns and the items thereof.
(c) As used in this section, the term ''cited or identified'' shall not
include a request to an employee of a public agency that a document be
prepared.
(d) If a public record contains material which that is not subject to
disclosure pursuant to this act, the public agency shall separate or delete
such material and make available to the requester that material in the
public record which that is subject to disclosure pursuant to this act. If a
public record is not subject to disclosure because it pertains to an
identifiable individual, the public agency shall delete the identifying
portions of the record and make available to the requester any remaining
portions which that are subject to disclosure pursuant to this act, unless the
request is for a record pertaining to a specific individual or to such a
limited group of individuals that the individuals' identities are reasonably
ascertainable, the public agency shall not be required to disclose those
portions of the record which that pertain to such individual or individuals.

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(e) The provisions of this section shall not be construed to exempt
from public disclosure statistical information not descriptive of any
identifiable person.
(f) Notwithstanding the provisions of subsection (a), any public
record which that has been in existence more than 70 years shall be open
for inspection by any person unless disclosure of the record is specifically
prohibited or restricted by federal law, state statute or rule of the Kansas
supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and
amendments thereto.
(g) Any confidential records or information relating to security
measures provided or received under the provisions of subsection (a)(45)
shall not be subject to subpoena, discovery or other demand in any
administrative, criminal or civil action.
(h) (1) Except as provided in K.S.A. 2017 Supp. 45-254, and
amendments thereto, a public agency shall not disclose criminal
investigation records while such investigation is active. An investigation
becomes inactive upon the occurrence of any of the following events:
(A) A decision by the law enforcement agency not to pursue the case;
(B) expiration of the time to bring a charge or file a complaint under
the applicable statute of limitations, or 30 years after the commission of
the offense, whichever comes earliest; or
(C) exhaustion of or expiration of all rights of appeal by a person
convicted on the basis of the criminal investigation records.
(2) Criminal investigation records related to an inactive investigation
shall be disclosed, unless disclosure:
(A) Would interfere with any prospective law enforcement action,
criminal investigation or prosecution;
(B) reveal the identity of any confidential source or undercover
agent;
(C) reveal confidential investigative techniques or procedures not
known to the general public;
(D) endanger the life or physical safety of any person; or
(E) reveal the name, address, phone number or any other information
that specifically and individually identifies the victim of any sexual offense
in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, and
amendments thereto.
(3) If a public record is discretionarily closed by a public agency
pursuant to this subsection, the record custodian, upon request, shall
provide a written citation to the specific provisions of subsection (h)(2)
that necessitate closure of that public record.
(4) Except as provided in K.S.A. 2017 Supp. 45-254, and amendments
thereto, any audio or video recording made and retained by law

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enforcement using a body camera or vehicle camera as defined by K.S.A.
2017 Supp. 45-254, and amendments thereto, that is part of an inactive
investigative file and that constitutes a clearly unwarranted invasion of
personal privacy as defined in K.S.A. 45-517(b), and amendments thereto,
shall not be disclosed, except that the existence of the recording shall be
disclosed to any person requesting access to the inactive investigative file.
(5) The district court, in an action brought pursuant to K.S.A. 45222, and amendments thereto, may order disclosure of any criminal
investigation records, subject to such conditions as the court may impose,
if the court finds that disclosure:
(A) Is in the public interest;
(B) would not interfere with any prospective law enforcement action,
criminal investigation or prosecution;
(C) would not reveal the identity of any confidential source or
undercover agent;
(D) would not reveal confidential investigative techniques or
procedures not known to the general public;
(E) would not endanger the life or physical safety of any person; and
(F) would not reveal the name, address, phone number or any other
information that specifically and individually identifies the victim of any
sexual offense in article 35 of chapter 21 of the Kansas Statutes
Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas
Statutes Annotated, and amendments thereto.
Sec. 3. K.S.A. 2017 Supp. 45-254 is hereby amended to read as
follows: 45-254. (a) Every audio or video recording made and retained by
law enforcement using a body camera or a vehicle camera shall be
considered a criminal investigation record as defined in K.S.A. 45-217,
and amendments thereto. The provisions of this subsection shall expire on
July 1, 2021, unless the legislature reviews and reenacts this provision
pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2021.
(b) In addition to any disclosure authorized pursuant to the open
records act, K.S.A. 45-215 et seq., and amendments thereto, a person
described in subsection (c) may request to listen to an audio recording or
to view a video recording made by a body camera or a vehicle camera. The
law enforcement agency shall allow the person to listen to the requested
audio recording or to view the requested video recording within 24 hours
after making the request, and may charge a reasonable fee for such
services provided by the law enforcement agency.
(c) Any of the following may make a request under subsection (b):
(1) A person who is a subject of the recording;
(2) a parent or legal guardian of a person under 18 years of age who
is a subject of the recording;
(3) an attorney for a person described in subsection (c)(1) or (c)(2);

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and
(4) an heir at law, an executor or an administrator of a decedent, or
an individual who has secured a written release from the next of kin of a
decedent, when the decedent is a subject of the recording.
(d) A law enforcement agency shall disclose any audio or video
recording made and retained by the agency using a body camera or a
vehicle camera within five business days after a request is made by any
person, if the recording depicts or describes:
(1) The discharge of a firearm by a law enforcement officer in the
course of duty, other than the discharge of a firearm for training purposes,
or the killing of an animal that is sick, injured or dangerous; or
(2) the use of force by a law enforcement officer that results in great
bodily harm or death.
(e) (1) A law enforcement agency shall redact or obscure specific
portions of any audio or video recording before disclosure that:
(A) Depicts the death of a person, a dead body, or clearly visible acts
of severe violence or great bodily harm against a person, unless the death
or act was caused by a law enforcement officer;
(B) depicts nudity or sexual conduct as defined in K.S.A. 2017 Supp.
21-6402, and amendments thereto;
(C) reveals the identity of any confidential source or undercover
agent;
(D) reveals confidential investigative techniques or procedures not
known to the general public;
(E) endangers the life or physical safety of any person;
(F) reveals the name, address, phone number or any other
information that specifically and individually identifies the victim of any
sexual offense in article 35 of chapter 21 of the Kansas Statutes
Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas
Statutes Annotated, and amendments thereto;
(G) identifies a minor under the age of 16 or undermines the
confidentiality requirements for juvenile records as provided in chapter 38
of the Kansas Statutes Annotated, and amendments thereto;
(H) includes confidential medical information or personal
information as defined in K.S.A. 2017 Supp. 50-7a01, and amendments
thereto; or
(I) reveals the name or license plate number of a person not arrested,
cited, charged or issued a written warning.
(2) This subsection shall not apply to requests made by a person
described in subsection (c).
(f) (1) A law enforcement agency may redact or obscure specific
portions of any audio or video recording before disclosure that reveals the
identify of a law enforcement officer who is subject to an internal

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investigation as a result of an event depicted in the recording, except as
provided in subsection (f)(2).
(2) (A) A law enforcement agency shall not redact the identity of a
law enforcement officer after the agency has concluded the investigation
or rendered a decision as to final disciplinary action, and the records
previously withheld, redacted or obscured under this section shall be made
available for public inspection and copying.
(B) If such investigation lasts for longer than 270 days, video and
audio recordings not disclosed, redacted or obscured under this section
shall be made available for public inspection and copying.
(g) As used in this section:
(1) "Body camera" means a device that is worn by a law enforcement
officer that electronically records audio or video of such officer's activities.
(2) "Heir at law" means: (A) The spouse of the decedent, if living; (B)
if there is no living spouse of the decedent, an adult child of the decedent,
if living; or (C) if there is no living spouse or adult child, a parent of the
decedent, if living. It shall be the responsibility of the heir at law to show
proof of the familial relationship.
(3) "Vehicle camera" means a device that is attached to a law
enforcement vehicle that electronically records audio or video of law
enforcement officers' activities.
Sec. 4. K.S.A. 2017 Supp. 45-219, 45-221 and 45-254 are hereby
repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.