Kansas Attorney General Derek Schmidt today provided updated guidance to law enforcement agencies and county prosecutors statewide on the enforcement of emergency orders, following the passage of House Bill 2016 last month and the issuance of Executive Order 20-52 earlier today. The guidance, in the form of a memorandum, updates previous guidance provided by the attorney general on March 24, April 8 and May 28. The memo reflects changes to the Kansas Emergency Management Act adopted by the Kansas Legislature on June 4, and signed into law by the governor on June 8. Those amendments included changing the violation of an emergency order issued by the governor from a Class A misdemeanor to a civil violation, which may be enforced by a lawsuit filed by the county or district attorney. As such, law enforcement officers may no longer arrest or detain individuals for violations of an emergency order.
(Read more: Kansas Attorney General News Releases)