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Ex. DUT-KS-017 Standing duty Primary source read

Memorandum to Kansas Prosecutors and Law Enforcement, 'State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response' (March 24, 2020)

State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response

Attorney General Derek Schmidt (Office of the Kansas Attorney General) · Kansas (State)

The COVID Project

The record

Jurisdiction
Kansas
Level
State
Authority
Kan. Att'y Gen., Mem. to Kansas Prosecutors and Law Enforcement (Mar. 24, 2020), at 8-10
Issued
2020-03-24 Mar. 24, 2020
Effective
2020-03-24 (supplemented by Addenda 1 to 3, April 8, May 28 and July 2, 2020) (read as 2020-03-24)
End
period guidance (superseded in part by Addendum 3 after HB 2016) (read as 2021-09-30)
In force
Mar. 24, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Stay-at-homeGathering capQuarantine and isolationStanding dutyOther
Addressees
  • law enforcement officers and prosecutors (duties); persons generally and businesses (as the persons whose violations are prosecuted)
Character
agency position statement
Collection
Standing duties: Kansas DUT-KS

Operative words

First, any "knowing and willful" violation of any "lawful order or proclamation" (emphasis added) of the governor issued pursuant to K.S.A. 48-925 is a class A misdemeanor. K.S.A. 48-939. Law enforcement officers have the same duty and authority to enforce these misdemeanors as to enforce any other misdemeanor.

Penalty

class A misdemeanor (K.S.A. 48-939, 2019 text); class C misdemeanor (K.S.A. 65-129)

What it required

The State's chief legal officer instructed every prosecutor and law enforcement agency that the Governor's orders (then EO 20-14, 20-15 and 20-16) were enforceable crimes; that the Secretary and every local health officer 'may order an individual or group of individuals to go to and remain in places of isolation or quarantine' under 65-129b(a)(1)(B), a power 'not contingent on a state of local disaster emergency having been declared'; that breaking quarantine 'is guilty of a class C misdemeanor. K.S.A. 65-129'; and that officers 'may be required to assist in enforcing any lawful orders of the secretary of health and environment or of any local health officer even if no criminal conduct occurs' (at 8-10). Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).

Retrieval note

Twelve pages plus the text of HCR 5025 as an attachment. Cites Ex parte Irby, 113 Kan. 565 (1923), and Ex parte McGee, 105 Kan. 574 (1919), for the enforceability of local health officer quarantine orders, and Jacobson v. Massachusetts, 197 U.S. 11 (1905). The live ag.ks.gov URL no longer resolves; the Wayback capture of April 6, 2020 is the exhibit.