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Session of 2026
HOUSE BILL No. 2774
By Committee on Appropriations
Requested by Tuck Duncan on behalf of the Kansas Public Transit Association
2-11
AN ACT concerning crimes, punishment and criminal procedure; relating
to crimes against persons; increasing the criminal penalties for assault
or battery committed against a public-facing worker while such worker
is engaged in the performance of such worker's assigned duties;
amending K.S.A. 21-5412 and K.S.A. 2025 Supp. 21-5413 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5412 is hereby amended to read as follows: 21-
5412. (a) Assault is knowingly placing another person in reasonable
apprehension of immediate bodily harm;
(b) Aggravated assault is assault, as defined in subsection (a) ,
committed:
(1) With a deadly weapon;
(2) while disguised in any manner designed to conceal identity; or
(3) with intent to commit any felony.
(c) Assault of a law enforcement officer is assault, as defined in
subsection (a), committed against:
(1) A uniformed or properly identified state, county or city law
enforcement officer while such officer is engaged in the performance of
such officer's duty;
(2) a uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such officer's
duty; or
(3) a uniformed or properly identified federal law enforcement officer
as defined in K.S.A. 21-5413, and amendments thereto, while such officer
is engaged in the performance of such officer's duty.
(d) Aggravated assault of a law enforcement officer is assault of a law
enforcement officer, as defined in subsection (c), committed:
(1) With a deadly weapon;
(2) while disguised in any manner designed to conceal identity; or
(3) with intent to commit any felony.
(e) Assault of a public-facing worker is assault as defined in
subsection (a) committed against a public-facing worker as defined in
K.S.A. 21-5413, and amendments thereto, while such worker is engaged in
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HB 2774 2
the performance of such worker's assigned duties.
(f) (1) Assault is a class C person misdemeanor.
(2) Aggravated assault is a severity level 7, person felony.
(3) Assault of a law enforcement officer is a class A person
misdemeanor.
(4) Aggravated assault of a law enforcement officer is a severity level
6, person felony. A person convicted of aggravated assault of a law
enforcement officer shall be subject to the provisions of K.S.A. 21-
6804(g), and amendments thereto.
(5) Assault of a public-facing worker is a class B person
misdemeanor.
Sec. 2. K.S.A. 2025 Supp. 21-5413 is hereby amended to read as
follows: 21-5413. (a) Battery is:
(1) Knowingly or recklessly causing bodily harm to another person;
or
(2) knowingly causing physical contact with another person when
done in a rude, insulting or angry manner.
(b) Aggravated battery is:
(1) (A) Knowingly causing great bodily harm to another person or
disfigurement of another person;
(B) knowingly causing bodily harm to another person with a deadly
weapon, or in any manner whereby great bodily harm, disfigurement or
death can be inflicted; or
(C) knowingly causing physical contact with another person when
done in a rude, insulting or angry manner with a deadly weapon, or in any
manner whereby great bodily harm, disfigurement or death can be
inflicted;
(2) (A) recklessly causing great bodily harm to another person or
disfigurement of another person;
(B) recklessly causing bodily harm to another person with a deadly
weapon, or in any manner whereby great bodily harm, disfigurement or
death can be inflicted; or
(3) (A) committing an act described in K.S.A. 8-1567, and
amendments thereto, when great bodily harm to another person or
disfigurement of another person results from such act; or
(B) committing an act described in K.S.A. 8-1567, and amendments
thereto, when bodily harm to another person results from such act under
circumstances whereby great bodily harm, disfigurement or death can
result from such act; or
(4) committing an act described in K.S.A. 8-1567, and amendments
thereto, when great bodily harm to another person or disfigurement of
another person results from such act while:
(A) In violation of any restriction imposed on such person's driving
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HB 2774 3
privileges pursuant to article 10 of chapter 8 of the Kansas Statutes
Annotated, and amendments thereto;
(B) such person's driving privileges are suspended or revoked
pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated, and
amendments thereto; or
(C) such person has been deemed a habitual violator as defined in
K.S.A. 8-285, and amendments thereto, including at least one violation of
K.S.A. 8-1567, and amendments thereto, or violating an ordinance of any
city in this state, any resolution of any county in this state or any law of
another state, which ordinance, resolution or law declares to be unlawful
the acts prohibited by that statute.
(c) Battery against a law enforcement officer is:
(1) Battery as defined in subsection (a)(2) committed against a:
(A) Uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such officer's
duty;
(B) uniformed or properly identified state, county or city law
enforcement officer, other than a state correctional officer or employee, a
city or county correctional officer or employee or a juvenile detention
facility officer, or employee, while such officer is engaged in the
performance of such officer's duty;
(C) uniformed or properly identified federal law enforcement officer
while such officer is engaged in the performance of such officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty;
(2) battery as defined in subsection (a)(1) committed against a:
(A) Uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such officer's
duty;
(B) uniformed or properly identified state, county or city law
enforcement officer, other than a state correctional officer or employee, a
city or county correctional officer or employee or a juvenile detention
facility officer, or employee, while such officer is engaged in the
performance of such officer's duty;
(C) uniformed or properly identified federal law enforcement officer
while such officer is engaged in the performance of such officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
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HB 2774 4
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty; or
(3) battery as defined in subsection (a) committed against a:
(A) State correctional officer or employee by a person in custody of
the secretary of corrections, while such officer or employee is engaged in
the performance of such officer's or employee's duty;
(B) state correctional officer or employee by a person confined in
such juvenile correctional facility, while such officer or employee is
engaged in the performance of such officer's or employee's duty;
(C) juvenile detention facility officer or employee by a person
confined in such juvenile detention facility, while such officer or employee
is engaged in the performance of such officer's or employee's duty; or
(D) city or county correctional officer or employee by a person
confined in a city holding facility or county jail facility, while such officer
or employee is engaged in the performance of such officer's or employee's
duty.
(d) Aggravated battery against a law enforcement officer is:
(1) Aggravated battery as defined in subsection (b)(1)(A) committed
against a:
(A) Uniformed or properly identified state, county or city law
enforcement officer while the officer is engaged in the performance of the
officer's duty;
(B) uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such officer's
duty;
(C) uniformed or properly identified federal law enforcement officer
while such officer is engaged in the performance of such officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty;
(2) aggravated battery as defined in subsection (b)(1)(B) or (b)(1)(C)
committed against a:
(A) Uniformed or properly identified state, county or city law
enforcement officer while the officer is engaged in the performance of the
officer's duty;
(B) uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such officer's
duty;
(C) uniformed or properly identified federal law enforcement officer
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HB 2774 5
while such officer is engaged in the performance of such officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty; or
(3) knowingly causing, with a motor vehicle, bodily harm to a:
(A) Uniformed or properly identified state, county or city law
enforcement officer while the officer is engaged in the performance of the
officer's duty;
(B) uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such officer's
duty; or
(C) uniformed or properly identified federal law enforcement officer
while such officer is engaged in the performance of such officer's duty.
(e) Battery against a school employee is a battery as defined in
subsection (a) committed against a school employee in or on any school
property or grounds upon which is located a building or structure used by a
unified school district or an accredited nonpublic school for student
instruction or attendance or extracurricular activities of pupils enrolled in
kindergarten or any of the grades one through 12 or at any regularly
scheduled school sponsored activity or event, while such employee is
engaged in the performance of such employee's duty.
(f) Battery against a mental health employee is a battery as defined in
subsection (a) committed against a mental health employee by a person in
the custody of the secretary for aging and disability services, while such
employee is engaged in the performance of such employee's duty.
(g) Battery against a healthcare provider is a battery as defined in
subsection (a) committed against a healthcare provider while such provider
is engaged in the performance of such provider's duty.
(h) Battery against a public-facing worker is a battery as defined in
subsection (a) committed against a public-facing worker while such
worker is engaged in the performance of such worker's assigned duties.
(i) (1) Battery is a class B person misdemeanor.
(2) Aggravated battery as defined in:
(A) Subsection (b)(1)(A) or (b)(4) is a severity level 4, person felony;
(B) subsection (b)(1)(B) or (b)(1)(C) is a severity level 7, person
felony;
(C) subsection (b)(2)(A) or (b)(3)(A) is a severity level 5, person
felony; and
(D) subsection (b)(2)(B) or (b)(3)(B) is a severity level 8, person
felony.
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HB 2774 6
(3) Battery against a law enforcement officer as defined in:
(A) Subsection (c)(1) is a class A person misdemeanor;
(B) subsection (c)(2) is a severity level 7, person felony; and
(C) subsection (c)(3) is a severity level 5, person felony.
(4) Aggravated battery against a law enforcement officer as defined
in:
(A) Subsection (d)(1) or (d)(3) is a severity level 3, person felony;
and
(B) subsection (d)(2) is a severity level 4, person felony.
(5) Battery against a school employee is a class A person
misdemeanor.
(6) Battery against a mental health employee is a severity level 7,
person felony.
(7) Battery against a healthcare provider is a class A person
misdemeanor.
(8) Battery against a public-facing worker is a severity level 10,
person felony.
(i)(j) As used in this section:
(1) "Correctional institution" means any institution or facility under
the supervision and control of the secretary of corrections;
(2) "state correctional officer or employee" means any officer or
employee of the Kansas department of corrections or any independent
contractor, or any employee of such contractor, whose duties include
working at a correctional institution;
(3) "juvenile detention facility officer or employee" means any officer
or employee of a juvenile detention facility as defined in K.S.A. 38-2302,
and amendments thereto;
(4) "city or county correctional officer or employee" means any
correctional officer or employee of the city or county or any independent
contractor, or any employee of such contractor, whose duties include
working at a city holding facility or county jail facility;
(5) "school employee" means any employee of a unified school
district or an accredited nonpublic school for student instruction or
attendance or extracurricular activities of pupils enrolled in kindergarten or
any of the grades one through 12;
(6) "mental health employee" means:
(A) An employee of the Kansas department for aging and disability
services working at Larned state hospital, Osawatomie state hospital, south
central regional mental health hospital, Kansas neurological institute and
Parsons state hospital and the treatment staff as defined in K.S.A. 59-
29a02, and amendments thereto; and
(B) contractors and employees of contractors under contract to
provide services to the Kansas department for aging and disability services
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HB 2774 7
working at any such institution or facility;
(7) "judge" means a duly elected or appointed justice of the supreme
court, judge of the court of appeals, judge of any district court of Kansas,
district magistrate judge or municipal court judge;
(8) "attorney" means a: (A) County attorney, assistant county
attorney, special assistant county attorney, district attorney, assistant
district attorney, special assistant district attorney, attorney general,
assistant attorney general or special assistant attorney general; and (B)
public defender, assistant public defender, contract counsel for the state
board of indigents' defense services or an attorney who is appointed by the
court to perform services for an indigent person as provided by article 45
of chapter 22 of the Kansas Statutes Annotated, and amendments thereto;
(9) "community corrections officer" means an employee of a
community correctional services program responsible for supervision of
adults or juveniles as assigned by the court to community corrections
supervision and any other employee of a community correctional services
program that provides enhanced supervision of offenders such as house
arrest and surveillance programs;
(10) "court services officer" means an employee of the Kansas
judicial branch or local judicial district responsible for supervising,
monitoring or writing reports relating to adults or juveniles as assigned by
the court, or performing related duties as assigned by the court;
(11) "federal law enforcement officer" means a law enforcement
officer employed by the United States federal government who, as part of
such officer's duties, is permitted to make arrests and to be armed; and
(12) "healthcare provider" means an individual who is licensed,
registered, certified or otherwise authorized by the state of Kansas to
provide healthcare services in this state; and
(13) "public-facing worker" means any person who, as part of their
employment, occupation, contract or volunteer service, regularly has
direct contact with members of the public in the performance of assigned
duties, including, but not limited to, sports officials, retail, grocery and
convenience store employees, food service and hospitality workers,
healthcare and social service workers, public transit operators and staff,
utility, postal, delivery and transportation workers, government
employees, contractors and volunteers providing services to the public
and employees or volunteers of nonprofit or charitable organizations
serving the public. As used in this paragraph:
(A) "Direct contact with members of the public" means face-to-face,
verbal or physical interaction with members of the public as a normal and
expected part of the person's duties; and
(B) "performance of assigned duties" means acts reasonably related
to the performance of employment, occupation or service responsibilities
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HB 2774 8
at the time of the offense.
Sec. 3. K.S.A. 21-5412 and K.S.A. 2025 Supp. 21-5413 are 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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