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Session of 2025
SENATE BILL No. 160
By Committee on Education
2-3
AN ACT concerning the attorney general; relating to the duties and
responsibilities of the attorney general; granting the attorney general
concurrent authority to prosecute crimes related to elementary and
secondary education; amending K.S.A. 2024 Supp. 75-702 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 75-702 is hereby amended to read as
follows: 75-702. (a) The attorney general shall appear for the state, and
prosecute and defend any and all actions and proceedings, civil or
criminal, in the Kansas supreme court, the Kansas court of appeals and in
all federal courts, in which the state shall be interested or a party, and shall,
when so appearing, control the state's prosecution or defense.
(b) The attorney general shall also, when required by the governor or
either branch of the legislature, appear for the state and prosecute or
defend, in any other court or before any officer, in any cause or matter,
civil or criminal, in which this state may be a party or interested or when
the constitutionality of any law of this state is at issue and when so
directed shall seek final resolution of such issue in the supreme court of
the state of Kansas.
(c) (1) The attorney general shall have authority to prosecute any
matter related to a violation of K.S.A. 12-189 or 75-5133, and
amendments thereto, related to unlawful acts when the offender is an
officer or employee of a city or county.
(2) Notwithstanding any provision of law to the contrary, the attorney
general shall have concurrent authority with any county or district attorney
to prosecute any crime that is codified in chapter 72 of the Kansas Statutes
Annotated, and amendments thereto, and the following crimes when they
are part of an alleged course of criminal conduct that occurred in two or
more counties:
(A) Organized retail crime as defined in K.S.A. 2024 Supp. 21-5841,
and amendments thereto, and any other crime that is part of such alleged
course of criminal conduct;
(B) theft as defined in K.S.A. 21-5801, and amendments thereto;
(C) violations of the Kansas racketeer influenced and corrupt
organizations act, K.S.A. 21-6327 et seq., and amendments thereto; and
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SB 160 2
(D) any attempt, conspiracy or criminal solicitation as defined in
K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of the
crimes described in subsection (c)(2)(A), (c)(2)(B) or (c)(2)(C).
Sec. 2. K.S.A. 2024 Supp. 75-702 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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