{"id":"DUT-KS-017","kind":"duty","level":"state","jurisdiction":"Kansas","state":"KS","metro":"","industry":"","agency":"","eco":"","issuer":"Attorney General Derek Schmidt (Office of the Kansas Attorney General)","authority":"Kan. Att\u0027y Gen., Mem. to Kansas Prosecutors and Law Enforcement (Mar. 24, 2020), at 8-10","instrument":"Memorandum to Kansas Prosecutors and Law Enforcement, \u0027State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response\u0027 (March 24, 2020)","title":"State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response","dateIssued":"2020-03-24","effective":"2020-03-24 (supplemented by Addenda 1 to 3, April 8, May 28 and July 2, 2020)","end":"period guidance (superseded in part by Addendum 3 after HB 2016)","startDate":"2020-03-24","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","STAY","GATH","QUAR","OTHER"],"addressees":["law enforcement officers and prosecutors (duties); persons generally and businesses (as the persons whose violations are prosecuted)"],"clause":"First, any \u0022knowing and willful\u0022 violation of any \u0022lawful order or proclamation\u0022 (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.","enforcement":"class A misdemeanor (K.S.A. 48-939, 2019 text); class C misdemeanor (K.S.A. 65-129)","functions":[],"notes":"The State\u0027s chief legal officer instructed every prosecutor and law enforcement agency that the Governor\u0027s orders (then EO 20-14, 20-15 and 20-16) were enforceable crimes; that the Secretary and every local health officer \u0027may order an individual or group of individuals to go to and remain in places of isolation or quarantine\u0027 under 65-129b(a)(1)(B), a power \u0027not contingent on a state of local disaster emergency having been declared\u0027; that breaking quarantine \u0027is guilty of a class C misdemeanor. K.S.A. 65-129\u0027; and that officers \u0027may 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\u0027 (at 8-10). Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).","sourceUrl":"https://ag.ks.gov/docs/default-source/publications/ag-memo-to-kansas-law-enforcement-and-prosecutors.pdf","snapshot":"http://web.archive.org/web/20200406181750/https://ag.ks.gov/docs/default-source/publications/ag-memo-to-kansas-law-enforcement-and-prosecutors.pdf","fileExists":true,"fileBytes":620696,"grade":"primary","character":"agency_position_statement","description":"","collection":"DUT-KS","url":"/library/DUT-KS-017","exhibitUrl":"/exhibit/DUT-KS-017","citation":"Attorney General Derek Schmidt (Office of the Kansas Attorney General), Memorandum to Kansas Prosecutors and Law Enforcement, \u0027State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response\u0027 (March 24, 2020) (Mar. 24, 2020) (Ex. DUT-KS-017)","stateName":"Kansas","related":["DUT-KS-001","DUT-KS-006","DUT-KS-011","DUT-KS-018"]}