Senate Bill No. 367 — Making it Easier to Return Seized Property

Author: Erin Levy, Staff Editor

Senate Bill No. 367 amends K.S.A. § 22-2512 to clarify and codify best practices for disposition and destruction of property seized by law enforcement.  It adds to § 22-2512(a) the direction that “[i]f no criminal charges are filed or prosecution is declined, the property shall be returned to its rightful owner or disposed of in accordance with this section.”  S.B. 367, 2022 Leg., 2022 Reg. Sess. (Kan. 2022).  It clarifies who should file and receive the receipts when property is seized, and that the receipt may be electronic.  Id.  The bill was introduced at the request of a representative of various law enforcement organizations and the Kansas Highway Patrol stated “that the bill would make it easier for the agency to return property to its lawful owner.”  S.B. 367, Supplemental Note, 2022 Leg., Reg. Sess. (Kan. 2022).

Senate Bill No. 367 further amends K.S.A. § 22-2512 to address the procedures to be followed for “dangerous drugs” and weapons.  In § 22-2512(b)(1) and (2), it adds “dangerous drugs” to the hazardous materials that may be destroyed after representative samples have been collected.  S.B. 367, 2022 Leg., Reg. Sess. (Kan. 2022).  In § 22-2512(b)(3)(A) it defines “dangerous drugs” as “any drug, substance or immediate precursor included in any of the schedules designated” in various statutes.  Id.  And § 22-2512(b)(3)(C) defines “representative sample” as “an amount large enough to contain a testable amount of a substance without destroying the sample completely.”  Id.  It also amends § 22-2512(d), laying out in detail what agencies are to do with stolen or seized weapons.  Id.  It appears unclear what the bill’s fiscal impact may be, but the Office of Judicial Administration stated that the enactment “could increase the number of cases filed in district court because it allows for court actions to be filed” for the recovery of weapons.  S.B. 367, Fiscal Note, 2022 Leg., Reg. Sess. (Kan. 2022).

Key authorities:

Citation: S.B. 367, 2022 Leg., 2022 Reg. Sess. (Kan. 2022)

S.B. 367, Supplemental Note, 2022 Leg., Reg. Sess. (Kan. 2022); S.B. 367, Fiscal Note, 2022 Leg., Reg. Sess. (Kan. 2022).