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Session of 2025
HOUSE BILL No. 2322
By Committee on Judiciary
Requested by James Iverson on behalf of the National Coalition of Motorcyclists
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AN ACT concerning law enforcement; relating to motorcyclists;
prohibiting motorcycle profiling and requiring law enforcement
agencies to adopt a policy relating to motorcycle profiling; requiring
the course of law enforcement training adopted by the director of police
training to include training on motorcycle profiling; amending K.S.A.
74-5604a and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) No law enforcement officer or law enforcement
agency shall engage in motorcycle profiling.
(b) A person who is aggrieved by a violation of this section may:
(1) File a complaint with the attorney general who shall investigate
such complaint, and, upon making a finding that a law enforcement officer
or law enforcement agency has engaged in motorcycle profiling, require
such officer or agency to participate in additional training relating to
motorcycle profiling; or
(2) file an action in district court and recover actual and punitive
damages, injunctive relief and any costs and attorney fees.
(c) All law enforcement agencies in this state shall:
(1) Adopt a detailed, written policy prohibiting motorcycle profiling
and outlining disciplinary action that will be taken against an officer who
violates such policy; and
(2) require law enforcement officers who work in the agency to
participate in annual training related to motorcycle profiling with a goal to
reduce motorcycle profiling across the state.
(d) As used in this section, "motorcycle profiling" means the use of
the fact that a person rides a motorcycle or wears motorcycle-related
paraphernalia in making a decision to stop, question, take enforcement
action against, arrest or search a person or vehicle with or without a legal
basis.
Sec. 2. K.S.A. 74-5604a is hereby amended to read as follows: 74-
5604a. (a) The director of police training may establish a program for
extending the law enforcement training and instruction throughout the
state on a regional basis. The director of police training also may certify
annually the training schools of state and local law enforcement agencies
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providing a course of law enforcement training for full-time police officers
or law enforcement officers when such training programs satisfy the
qualifications and standards promulgated by the director of police training
after approval of the commission and when such programs satisfy a
demonstrated training need not met by existing programs. The director of
police training shall establish a course in basic law enforcement training
for part-time police officers or law enforcement officers, approved by the
commission, to be provided at the training center and certified state and
local law enforcement training schools. In addition, after the general
election of each election year and prior to January 1 of the next succeeding
year, and at such other times as the director of police training deems
necessary, the director of police training shall commence a training course
for persons elected to the office of sheriff at the preceding general election.
(b) The director of police training shall conduct a pretraining
evaluation of applicants for admission to the course for law enforcement
officers conducted by the training center or to any certified state or local
law enforcement training school to assure that each applicant is qualified
to serve as a law enforcement officer. The director of police training shall
adopt minimum standards, which shall receive prior approval by the
commission, to be considered in the pretraining evaluation. The director of
police training shall advise the city, county or state agency, railroad, school
district or community college authorizing the applicant to attend the
training center or certified state or local law enforcement training school of
the results of the pretraining evaluation. The director of police training,
with approval of the commission, may reject an applicant to the training
center who does not meet the minimum pretraining standards.
(c) Training courses conducted pursuant to this section:
(1) may include procedures for law enforcement to follow when
responding to an allegation of stalking; and
(2) shall include information about motorcycle profiling and training
on how to avoid motorcycle profiling.
Sec. 3. K.S.A. 74-5604a is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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