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As Amended by Senate Committee
Session of 2026
SENATE BILL No. 478
By Senators Corson and Claeys
2-4
AN ACT concerning crimes, punishment and criminal procedure; relating
to crimes against persons utilities; relating to utility facilities and
employees; increasing the criminal penalties for assault or battery of a
utility or communications employee; creating a maximum length of
time for agreements authorizing law enforcement agencies to install
certain equipment on utility poles or other structures and providing
certain exceptions thereto; providing that evidence collected by such
equipment is not admissible in legal proceedings under certain
circumstances; amending K.S.A. 21-5412 and 60-5402 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.
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(e) Assault of a utility or communications employee is assault, as
defined in subsection (a), committed against a utility or communications
employee, contractor or subcontractor of an entity that provides
electricity, natural gas, water, wastewater, telecommunications services or
internet access services while such employee , contractor or subcontractor
is engaged in such employee's, contractor's or subcontractor's 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 utility or communications employee 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
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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
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;
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SB 478—Am. by SC 4
(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; 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
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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; 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 utility or communications employee is a battery
as defined in subsection (a) committed against a utility or communications
employee while such employee is engaged in the performance of such
employee's 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;
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SB 478—Am. by SC 6
(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.
(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 utility or communications employee is a class A
person misdemeanor.
(i) 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
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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
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) "utility or communications employee" means any employee ,
contractor or subcontractor of an entity that provides electricity, natural
gas, water, wastewater, telecommunications services or internet access
services.
Sec. 3. K.S.A. 60-5402 is hereby amended to read as follows: 60-
5402. (a) (1) A public utility shall not permit, allow or enter into an
agreement that authorizes a law enforcement agency to attach, access,
operate, maintain or remove law enforcement equipment on any utility
pole or other structure that is owned or operated by the public utility for
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SB 478—Am. by SC 8
more than 60 days unless:
(A) Authorized by a lawfully issued warrant or court order; or
(B) the utility pole or structure is in a public area zoned for
commercial activity or in any park or recreation area operated by a
municipality as defined in K.S.A, 12-105a, and amendments thereto.
(2) After 60 days, if no warrant or court order is issued, any
equipment shall be removed as soon as reasonably possible, and any
evidence that is collected by such equipment after such 60 days shall not
be admissible in any legal proceeding.
(b) Any public utility that authorizes a law enforcement agency or
enters into an agreement with a law enforcement agency to authorize the
law enforcement agency to attach, access, operate, maintain or remove
law enforcement equipment on any utility pole or other structure that is
owned or operated by the public utility that complies with subsection (a)
shall be immune from liability in any civil action that is based upon or
arises from such authorization or agreement.
(b)(c) As used in this section:
(1) "Law enforcement agency" means a city police department, a
county sheriff's department or, a county police department or the Kansas
bureau of investigation.
(2) "Law enforcement equipment" means any camera. "Law
enforcement equipment" does not include any nonvideo equipment or
automatic license plate readers that destroy all data within 90 days unless
specific data is retained as part of an open investigation.
(3) "Public utility" means any public utility the same as defined in
K.S.A. 66-104, and amendments thereto, municipally owned or operated
public utility or electric cooperative public utility.
Sec. 3. 4. K.S.A. 21-5412 and 60-5402 and K.S.A. 2025 Supp. 21-
5413 are hereby repealed.
Sec. 4. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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