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Session of 2026
SENATE BILL No. 492
By Committee on Judiciary
2-5
AN ACT concerning law enforcement; relating to file sharing by law
enforcement agencies; requiring law enforcement agencies to share
information about law enforcement officers related to criminal conduct
or conduct giving rise to licensing or certification sanctions; amending
K.S.A. 2025 Supp. 75-4379 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 75-4379 is hereby amended to read as
follows: 75-4379. (a) (1) A hiring agency shall require each applicant
interviewed by such agency for a law enforcement officer position who
has submitted an application for a law enforcement officer position with or
been employed in a law enforcement position by another state or local law
enforcement agency or governmental agency to execute a written waiver
that:
(A) Explicitly authorizes each state or local law enforcement agency
or governmental agency that has employed the applicant in a law
enforcement position, received an application from the applicant for a law
enforcement position or conducted an employment background
investigation on the applicant to disclose the applicant's files to the hiring
agency; and
(B) releases the hiring agency and each state or local law enforcement
agency or governmental agency described in subparagraph (A), or an
employee or contractor of such agency conducting background
investigations, from any liability related to the use and disclosure of the
applicant's files.
(2) An applicant who refuses to execute the written waiver shall not
be considered for employment by the hiring agency.
(3) The hiring agency shall include the written waiver with each
request for information submitted to a state or local law enforcement
agency or governmental agency.
(b) Except as provided in subsection (c), a state or local law
enforcement agency or governmental agency that receives a written waiver
described in subsection (a) shall disclose the applicant's files to the hiring
agency not more than 21 days after such receipt. Such law enforcement
agency or governmental agency may choose to disclose the applicant's
files by either:
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(1) Providing copies to the hiring agency; or
(2) allowing the hiring agency to review the files at the law
enforcement agency's office or governmental agency's office.
(c) (1) A state or local law enforcement agency or governmental
agency is not required to disclose the applicant's files pursuant to
subsection (b) if such agency is prohibited from providing the files
pursuant to a binding nondisclosure agreement to which such agency is a
party, and such agreement was executed before July 1, 2018.
(2) A state or local law enforcement agency or governmental agency
is required to disclose the applicant's files pursuant to subsection (b) if
such files are subject to a binding nondisclosure agreement to which such
agency is a party, and such agreement was executed on or after July 1,
2018, but the disclosure shall be limited to files necessary to determine the
qualifications and fitness of the applicant for performance of duties in a
law enforcement officer position.
(3) A state or local law enforcement agency or governmental agency
may redact personally identifiable information of persons other than the
applicant in files disclosed to the hiring agency.
(d) A state or local law enforcement agency or governmental agency ,
or an employee or contractor of such agency conducting background
investigations, shall not be liable for complying with the provisions of this
section in good faith or participating in an official oral interview with an
investigator regarding the applicant.
(e) Except as provided in subsection subsections (f) and (g), or except
as necessary for such agency's internal hiring processes, files obtained
pursuant to this section shall not be disclosed by the hiring agency.
(f) Files obtained pursuant to this section shall constitute, for the
purposes of the open records act, a record of the state or local law
enforcement agency or governmental agency that made, maintained or
kept such files. Such files shall not be subject to a request for inspection
and copying under the open records act directed toward the hiring agency
obtaining the files. The official custodian of such files, for the purposes of
the open records act, shall be the official custodian of the records of such
state or local law enforcement agency or governmental agency. Except in a
civil action involving negligent hiring, such files shall not be subject to
discovery, subpoena or other process directed toward the hiring agency
obtaining the files.
(g) (1) Any information acquired during the hiring process that
would cause a reasonable person to believe that the applicant has
committed a crime shall be provided to a state or local law enforcement
agency with jurisdiction where the crime is alleged to have occurred.
(2) If an applicant is a currently licensed or certified law enforcement
officer in any jurisdiction or currently employed as a law enforcement
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officer, any information acquired during the hiring process that would
cause a reasonable person to believe that the applicant has committed a
crime or engaged in conduct that would result in a licensing or
certification sanction shall be provided to the following agencies:
(A) The licensing or certifying authority;
(B) the state or local law enforcement agency where the applicant
was employed at the time of the conduct; or
(C) the state or local law enforcement agency where the pplicant is
currently employed.
(h) As used in this section:
(1) (A) "Files" means:
(i) All performance reviews or other files related to job performance,
commendations, administrative files, grievances, previous personnel
applications, personnel-related claims, disciplinary actions, internal
investigation files, suspensions, investigation-related leave, documents
concerning termination or other departure from employment, all
complaints and all early warning information; and
(ii) regardless of whether the applicant was ultimately hired, the
employment application, background investigations, polygraph or voice
stress analysis examination results and law enforcement-related
psychological evaluation reports connected to the application process.
(B) "Files" does not include nonperformance documents or data,
including, but not limited to, medical files, psychological examination
reports not directly related to the applicant's suitability for law
enforcement employment or certification, schedules, pay and benefit
information or similar administrative data or information.
(2) "Early warning information" means information from a database
management tool designed to identify officers who may be exhibiting
precursors of problems on the job that can result in providing those
officers with counseling or training to divert them away from conduct that
may become a disciplinary matter.
(3) "Governmental agency" means the state or subdivision of the state
with oversight of the state or local law enforcement agency.
(4) "Hiring agency" means a state or local law enforcement agency
processing an application for employment, regardless of whether the
applicant is ultimately hired.
(5) "State or local law enforcement agency" means any public agency
employing a law enforcement officer as defined in K.S.A. 74-5602, and
amendments thereto.
Sec. 2. K.S.A. 2025 Supp. 75-4379 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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