Current through Register Vol. 43, No. 52, December 26, 2024
(a) Pursuant to
K.S.A.
74-5616 and amendments thereto, an applicant
or officer shall not engage in conduct, whether or not charged as a crime or
resulting in a conviction, that would constitute any of the following
misdemeanor offenses:
(1) Vehicular homicide,
as defined in K.S.A. 2011 Supp.
21-5406 and amendments
thereto;
(2) interference with
parental custody, as defined in K.S.A. 2011 Supp.
21-5409 and amendments
thereto;
(3) interference with
custody of a committed person, as defined in K.S.A. 2011 Supp.
21-5410 and amendments
thereto;
(4) criminal restraint, as
defined in K.S.A. 2011 Supp.
21-5411 and amendments
thereto;
(5) assault or assault of
a law enforcement officer, as defined in K.S.A. 2011 Supp.
21-5412 and amendments
thereto;
(6) battery, battery
against a law enforcement officer, or battery against a school employee, as
defined in K.S.A. 2011 Supp.
21-5413 and amendments
thereto;
(7) mistreatment of a
confined person, as defined in K.S.A. 2011 Supp.
21-5416 and amendments
thereto;
(8) mistreatment of a
dependent adult, as defined in K.S.A. 2011 Supp.
21-5417 and amendments
thereto;
(9) unlawful
administration of a substance, as defined in K.S.A. 2011 Supp.
21-5425 and amendments
thereto;
(10) stalking, as defined
in K.S.A. 2011 Supp.
21-5427 and amendments
thereto;
(11) criminal sodomy, as
defined in K.S.A. 2011 Supp.
21-5504(a)(2) and
amendments thereto;
(12) sexual
battery, as defined in K.S.A. 2011 Supp.
21-5505 and amendments
thereto;
(13) lewd and lascivious
behavior, as defined in K.S.A. 2011 Supp.
21-5513 and amendments
thereto;
(14) endangering a child,
as defined in K.S.A. 2011 Supp.
21-5601 and amendments
thereto;
(15) contributing to a
child's misconduct or deprivation, as defined in K.S.A. 2011 Supp.
21-5603 and amendments
thereto;
(16) furnishing alcoholic
liquor or cereal malt beverage to a minor, as defined in K.S.A. 2011 Supp.
21-5607 and amendments
thereto;
(17) except when related
to a legitimate law enforcement purpose, unlawful cultivation or distribution
of controlled substances, as defined in K.S.A. 2011 Supp.
21-5705 and amendments
thereto;
(18) except when related
to a legitimate law enforcement purpose, unlawful possession of controlled
substances, as defined in K.S.A. 2011 Supp.
21-5706 and amendments
thereto;
(19) except when related
to a legitimate law enforcement purpose, unlawfully obtaining and distributing
a prescription-only drug, as defined in K.S.A. 2011 Supp.
21-5708 and amendments
thereto;
(20) except when related
to a legitimate law enforcement purpose, unlawful possession of certain drug
precursors and paraphernalia, as defined in K.S.A. 2011 Supp.
21-5709 and amendments
thereto;
(21) except when related
to a legitimate law enforcement purpose, unlawful distribution of certain drug
precursors and drug paraphernalia, as defined in K.S.A. 2011 Supp.
21-5710 and amendments
thereto;
(22) except when related
to a legitimate law enforcement purpose, unlawful abuse of toxic vapors, as
defined in K.S.A. 2011 Supp.
21-5712 and amendments
thereto;
(23) except when related
to a legitimate law enforcement purpose, unlawful distribution or possession of
a simulated controlled substance, as defined in K.S.A. 2011 Supp.
21-5713 and amendments
thereto;
(24) except when related
to a legitimate law enforcement purpose, unlawful representation that
noncontrolled substance is controlled substance, as defined in K.S.A. 2011
Supp. 21-5714 and amendments
thereto;
(25) unlawfully hosting
minors consuming alcoholic liquor or cereal malt beverage, as defined in K.S.A.
2011 Supp.
21-5608 and amendments
thereto;
(26) theft, as defined in
K.S.A. 2011 Supp.
21-5801 and amendments
thereto;
(27) theft of property
lost, mislaid or delivered by mistake, as defined in K.S.A. 2011 Supp.
21-5802 and amendments
thereto;
(28) criminal deprivation
of property, as defined in K.S.A. 2011 Supp.
21-5803 and amendments
thereto;
(29) criminal trespass, as
defined in K.S.A. 2011 Supp.
21-5808 and amendments
thereto;
(30) criminal damage to
property, as defined in K.S.A. 2011 Supp.
21-5813 and amendments
thereto;
(31) giving a worthless
check, as defined in K.S.A. 2011 Supp.
21-5821 and amendments
thereto;
(32) counterfeiting, as
defined in K.S.A. 2011 Supp.
21-5825 and amendments
thereto;
(33) criminal use of a
financial card, as defined in K.S.A. 2011 Supp.
21-5828 and amendments
thereto;
(34) unlawful acts
concerning computers, as defined in K.S.A. 2011 Supp.
21-5839 and amendments
thereto;
(35) interference with law
enforcement, as defined in K.S.A. 2011 Supp.
21-5904 and amendments
thereto;
(36) interference with the
judicial process, as defined in K.S.A. 2011 Supp.
21-5905 and amendments
thereto;
(37) criminal disclosure
of a warrant, as defined in K.S.A. 2011 Supp.
21-5906 and amendments
thereto;
(38) simulating legal
process, as defined in K.S.A. 2011 Supp.
21-5907 and amendments
thereto;
(39) intimidation of a
witness or victim, as defined in K.S.A. 2011 Supp.
21-5909 and amendments
thereto;
(40) obstructing
apprehension or prosecution, as defined in K.S.A. 2011 Supp.
21-5913 and amendments
thereto;
(41) false impersonation,
as defined in K.S.A. 2011 Supp.
21-5917 and amendments
thereto;
(42) tampering with a
public record, as defined in K.S.A. 2011 Supp.
21-5920 and amendments
thereto;
(43) tampering with a
public notice, as defined in K.S.A. 2011 Supp.
21-5921 and amendments
thereto;
(44) violation of a
protective order, as defined in K.S.A. 2011 Supp.
21-5924 and amendments
thereto;
(45) official misconduct,
as defined in K.S.A. 2011 Supp.
21-6002 and amendments
thereto;
(46) misuse of public
funds, as defined in K.S.A. 2011 Supp.
21-6005 and amendments
thereto;
(47) breach of privacy, as
defined in K.S.A. 2011 Supp.
21-6101 and amendments
thereto;
(48) denial of civil
rights, as defined in K.S.A. 2011 Supp.
21-6102 and amendments
thereto;
(49) criminal false
communication, as defined in K.S.A. 2011 Supp.
21-6103 and amendments
thereto;
(50) disorderly conduct,
as defined in K.S.A. 2011 Supp.
21-6203 and amendments
thereto;
(51) harassment by
telecommunication device, as defined in K.S.A. 2011 Supp.
21-6206 and amendments
thereto;
(52) criminal distribution
of firearms to a felon, as defined in K.S.A. 2011 Supp.
21-6303 and amendments
thereto;
(53) promoting obscenity
or promoting obscenity to minors, as defined in K.S.A. 2011 Supp.
21-6401 and amendments
thereto;
(54) promotion to minors
of material harmful to minors, as defined in K.S.A. 2011 Supp.
21-6402 and amendments
thereto;
(55) except when related
to a legitimate law enforcement purpose, prostitution, as defined in K.S.A.
2011 Supp.
21-6419 and amendments
thereto;
(56) except when related
to a legitimate law enforcement purpose, promoting prostitution, as defined in
K.S.A. 2011 Supp.
21-6420 and amendments
thereto;
(57) except when related
to a legitimate law enforcement purpose, patronizing a prostitute, as defined
in K.S.A. 2011 Supp.
21-6421 and amendments thereto;
or
(58) a second or subsequent
occurrence of driving under the influence, as defined in
K.S.A.
8-1567 and amendments thereto.
(b) In determining any conduct
that requires the intent to permanently deprive an owner or lessor of the
possession, use, or benefit of property, prima facie evidence of intent shall
include any act described in K.S.A. 2011 Supp.
21-5804, and amendments
thereto.
(c) A certified copy of
the order or journal entry documenting conviction of a misdemeanor shall
constitute prima facie evidence of having engaged in such conduct.