Kansas 2025-2026 Regular Session Status: Passed Senate

SB 138 — House Substitute for SB 138 by Committee on Judiciary - Authorizing law enforcement officers to conduct investigations of violations of the scrap metal theft reduction act.

Last action — Died in House Committee

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced January 31, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Stalled 26% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

101 added · 184 removed

101 line(s) added, 184 removed.

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Session of 2025 SENATE BILL No.
Session of 2025 House Substitute for SENATE BILLNo.
138 By Committee on Judiciary 1-31 AN ACT concerning crimes, punishment and criminal procedure;
138 By Committee on Judiciary 3-19 AN ACT concerning the scrap metal theft reduction act;
relating to search and seizure;
authorizing law enforcement officers to conduct investigations of violations of the act;
requiring the statement of facts sufficient to show probable cause justifying a search warrant to be made by a law enforcement officer;
22-2502 and repealing the existing section.
2024 Supp.
7 Be it enacted by the Legislature of the State of Kansas:
50-6,109a and repealing the existing section.
6 Be it enacted by the Legislature of the State of Kansas:
22-2502 is hereby amended to read as follows:
2024 Supp.
22- 2502.
50-6,109a is hereby amended to read as follows:
(a) A search warrant shall be issued only upon the oral or written statement, including those conveyed or received by electronic communication, of any person a law enforcement officer under oath or affirmation which that states facts sufficient to show probable cause that a crime has been, is being or is about to be committed and which particularly describes a person, place or means of conveyance to be searched and things to be seized.
50-6,109a.
Any statement which that is made orally shall be either taken down by a certified shorthand reporter, sworn to under oath and made part of the application for a search warrant, or recorded before the magistrate from whom the search warrant is requested and sworn to under oath.
(a) (1) Except as provided in paragraph (2), the attorney general is hereby given jurisdiction and authority over all matters involving the implementation, administration and enforcement of the provisions of the scrap metal theft reduction act including to:
Any statement orally made shall be reduced to writing as soon thereafter as possible.
(1)(A) Employ or appoint agents as necessary to implement, administer and enforce the act;
If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, the magistrate may issue a search warrant for:
(2)(B) contract;
(1) The search or seizure of the following:
(3)(C) expend funds;
(A) Anything that can be seized under the fourth amendment of the United States constitution;
(4)(D) license and discipline;
(B) anything which that has been used in the commission of a crime, or any contraband or any property which that constitutes or may be considered a part of the evidence, fruits or instrumentalities of a crime under the laws of this state, any other state or of the United States.
(5)(E) investigate;
The term "fruits" as used in this act shall be interpreted to include any property into which the thing or things unlawfully taken or possessed may have been converted;
(6)(F) issue subpoenas;
(C) any person who has been kidnapped in violation of the laws of this state or who has been kidnapped in another jurisdiction and is now concealed within this state;
(7)(G) keep statistics;
(D) any human fetus or human corpse;
and (8)(H) conduct education and outreach programs to promote compliance with the act.
SB 138 2 (E) any biological material, DNA, cellular material, blood, hair or fingerprints;
(2) Kansas law enforcement officers are hereby authorized to conduct investigations of violations of the scrap metal theft reduction act.
(F) any person for whom a valid felony arrest warrant has been issued in this state or in another jurisdiction;
Upon conclusion of an investigation, investigative reports shall be submitted to the attorney general regardless of whether any local action was taken as a result of such investigation.
or (G) (i) any information concerning the user of an electronic communication service;, any information concerning the location of electronic communications systems, including, but not limited to, towers transmitting cellular signals involved in any wire communication;, and any other information made through an electronic communications system;
(b) In accordance with the rules and regulations filing act, the attorney general is hereby authorized to adopt rules and regulations necessary to implement the provisions of the scrap metal theft reduction act.
or (ii) the jurisdiction granted in this paragraph shall extend to information held by entities registered to do business in the state of Kansas, submitting to the jurisdiction thereof, and entities primarily located outside the state of Kansas if the jurisdiction in which the entity is primarily located recognizes the authority of the magistrate to issue the search warrant;
(c) There is hereby established in the state treasury the scrap metal theft reduction fee fund to be administered by the attorney general.
or (2) the installation, maintenance and use of a tracking device.
All moneys received by the attorney general from fees, charges or penalties collected under the provisions of the scrap metal theft reduction act shall be remitted to the state treasurer in accordance with the provisions of K.S.A.
(b) (1) The search warrant under subsection (a)(2) shall authorize the installation and use of the tracking device to track and collect tracking data relating to a person or property for a specified period of time, not to exceed 30 days from the date of the installation of the device.
75-4215, and amendments thereto, who shall deposit the entire H Sub for SB 138 2 amount thereof in the state treasury to the credit of the scrap metal theft reduction fee fund.
(2) The search warrant under subsection (a)(2) may authorize the retrieval of the tracking data recorded by the tracking device during the specified period of time for authorized use of such tracking device within a reasonable time after the expiration of such warrant, for good cause shown.
All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or the attorney general's designee.
(3) The magistrate may, for good cause shown, grant one or more extensions of a search warrant under subsection (a)(2) for the use of a tracking device, not to exceed 30 days each.
All moneys credited to the scrap metal theft reduction fee fund shall be expended for the administration of the duties, functions and operating expenses incurred under the provisions of the scrap metal theft reduction act.
(c) Before ruling on a request for a search warrant, the magistrate may require the affiant to appear personally and may examine under oath the affiant and any witnesses that the affiant may produce.
(d) There is hereby established in the state treasury the scrap metal data repository fund to be administered by the director of the Kansas bureau of investigation.
Such proceeding shall be taken down by a certified shorthand reporter or recording equipment and made part of the application for a search warrant.
All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas bureau of investigation or the director's designee.
(d) For a warrant executed prior to July 1, 2014, affidavits or sworn testimony in support of the probable cause requirement of this section or search warrants for tracking devices shall not be made available for examination without a written order of the court, except that such affidavits or testimony when requested shall be made available to the defendant or the defendant's counsel for such disposition as either may desire.
All moneys credited to the scrap metal data repository fund shall be expended for the administration of the duties, functions and operating expenses incurred under the provisions of the scrap metal theft reduction act.
(e) (1) For a warrant executed on or after July 1, 2014, affidavits or sworn testimony in support of the probable cause requirement of this section or search warrants for tracking devices shall not be open to the SB 138 3 public until the warrant has been executed.
(e) The attorney general may transfer any moneys from the scrap metal theft reduction fee fund to the scrap metal data repository fund.
After the warrant has been executed, such affidavits or sworn testimony shall be made available to:
The attorney general shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of the budget and the director of legislative research.
(A) The defendant or the defendant's counsel, when requested, for such disposition as either may desire;
(f) On July 1, 2020, the Kansas bureau of investigation shall establish and maintain a database which shall be a central repository for the information required to be provided under K.S.A.
and (B) any person, when requested, in accordance with the requirements of this subsection.
2024 Supp.
(2) Any person may request that affidavits or sworn testimony be disclosed by filing such request with the clerk of the court.
50-6,110, and amendments thereto.
The clerk of the court shall promptly notify the defendant or the defendant's counsel, the prosecutor and the magistrate that such request was filed.
The database shall be maintained for the purpose of providing information to law enforcement and for any other purpose deemed necessary by the attorney general to implement and enforce the provisions of the scrap metal theft reduction act.
The prosecutor shall promptly notify any victim.
(g) The information maintained in such database by the Kansas bureau of investigation, or by any entity contracting with the Kansas bureau of investigation, submitted to, maintained or stored as part of the system may be provided to the attorney general and shall:
(3) Within five business days after receiving notice of a request for disclosure from the clerk of the court, the defendant or the defendant's counsel and the prosecutor may submit to the magistrate, under seal, either:
(1) Be confidential, shall only be used for investigatory, evidentiary or analysis purposes related to criminal violations of city, state or federal law and shall only be released to law enforcement in response to an official investigation or as permitted in subsection (f);
(A) Proposed redactions, if any, to the affidavits or sworn testimony and the reasons supporting such proposed redactions;
and (2) not be a public record and shall not be subject to the Kansas open records act, K.S.A.
or (B) a motion to seal the affidavits or sworn testimony and the reasons supporting such proposed seal.
45-215 et seq., and amendments thereto.
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(4) The magistrate shall review the requested affidavits or sworn testimony and any proposed redactions or motion to seal submitted by the defendant, the defendant's counsel or the prosecutor.
(h) On or before February 1, 2021, and annually on or before February 1 thereafter, the attorney general shall submit a report to the president of the senate, the speaker of the house of representatives and the standing committees on judiciary in the senate and the house of H Sub for SB 138 3 representatives on the implementation, administration and enforcement of the provisions of the scrap metal theft reduction act.
The magistrate shall make appropriate redactions, or seal the affidavits or sworn testimony, as necessary to prevent public disclosure of information that would:
(i) Any entity contracting with the attorney general or the Kansas bureau of investigation to provide or maintain the database required by this section shall not require a scrap metal dealer to contract with such entity for the authority to release proprietary or confidential data, including, but not limited to, customer information.
(A) Jeopardize the physical, mental or emotional safety or well-being of a victim, witness, confidential source or undercover agent, or cause the destruction of evidence;
Such entity shall not charge any fee to the scrap metal dealer as a condition of providing information to the database as required by the scrap metal theft reduction act, including, but not limited to, a fee for electronic submission of information.
(B) reveal information obtained from a court-ordered wiretap or from a search warrant for a tracking device that has not expired;
(j) A scrap metal dealer providing information to the database as required by the scrap metal theft reduction act shall not be subject to civil liability for any claim arising from the negligence or omission by the state of Kansas or any contracting entity in the collection, storing or release of information provided by such scrap metal dealer to the database.
(C) interfere with any prospective law enforcement action, criminal investigation or prosecution;
(D) reveal the identity of any confidential source or undercover agent;
(E) reveal confidential investigative techniques or procedures not known to the general public;
(F) endanger the life or physical safety of any person;
(G) reveal the name, address, telephone number or any other information which specifically and individually identifies the victim of any sexual offense described in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A.
21-6419 through 21-6422, and amendments thereto;
(H) reveal the name of any minor;
(I) reveal any date of birth, personal or business telephone number, SB 138 4 driver's license number, nondriver's identification number, social security number, employee identification number, taxpayer identification number, vehicle identification number or financial account information;
or (J) constitute a clearly unwarranted invasion of personal privacy.
As used in this subparagraph, "clearly unwarranted invasion of personal privacy" means revealing information that would be highly offensive to a reasonable person and is totally unrelated to the alleged crime that resulted in the issuance of the search warrant, including information totally unrelated to the alleged crime that may pose a risk to a person or property and is not of legitimate concern to the public.
The provisions of this subparagraph shall only be used to redact and shall not be used to seal affidavits or sworn testimony.
(5) Within five business days after receiving proposed redactions or a motion to seal from the defendant, the defendant's counsel or the prosecutor, or within 10 business days after receiving notice of a request for disclosure, whichever is earlier, the magistrate shall either:
(A) Order disclosure of the affidavits or sworn testimony with appropriate redactions, if any;
or (B) order the affidavits or sworn testimony sealed and not subject to public disclosure.
(6) (A) If the magistrate orders disclosure of the affidavits or sworn testimony with appropriate redactions, if any, to any person in accordance with the requirements of this subsection, then such affidavits or sworn testimony shall become part of the court record and shall be accessible to the public.
(B) If the magistrate orders the affidavits or sworn testimony sealed and not subject to public disclosure in accordance with the requirements of this subsection, then such affidavits or sworn testimony shall become part of the court record that is not accessible to the public.
(C) Any request for disclosure of affidavits or sworn testimony in accordance with the requirements of this subsection shall become part of the court record and shall be accessible to the public, regardless of whether the magistrate orders disclosure with appropriate redactions, if any, or sealing of the requested affidavit or sworn testimony.
(f) As used in this section:
(1) "Electronic communication" means the use of electronic equipment to send or transfer a copy of an original document;
(2) "electronic communication service" and "electronic communication system" have the meaning as defined in K.S.A.
22-2514, and amendments thereto;
(3) "tracking data" means information gathered or recorded by a tracking device;
(4) "tracking device" means an electronic or mechanical device that SB 138 5 permits a person to remotely determine or track the position or movement of a person or object.
"Tracking device" includes, but is not limited to, a device that stores geographic data for subsequent access or analysis and a device that allows for the real-time monitoring of movement;
and (5) "victim" shall include any victim of an alleged crime that resulted in the issuance of the search warrant, or, if the victim is deceased, the victim's family, as defined in K.S.A.
74-7335, and amendments thereto.
(g) Nothing in this section shall be construed as requiring a search warrant for cellular location information in an emergency situation pursuant to K.S.A.
22-4615, and amendments thereto.
22-2502 is hereby repealed.
2024 Supp.
50-6,109a is hereby repealed.
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Action History

  1. Died in House Committee

  2. Withdrawn from Calendar; Referred to House Committee on Calendar and Printing

  3. Committee Report recommending substitute bill be passed by House Committee on Judiciary

  4. Final Action - Passed; Yea 40, Nay 0

  5. Received and Introduced

  6. Referred to House Committee on Judiciary

  7. Committee of the Whole - Be passed

  8. Committee Report recommending bill be passed by Senate Committee on Judiciary

  9. Referred to Senate Committee on Judiciary

  10. Introduced

Sponsors

  • Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 164 not signed on

Sponsors (1)

  • Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (164)

164 members have not signed on to this bill.

Show all 164 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 138?
SB 138 is sponsored by Committee on Judiciary.
What is the current status of SB 138?
This bill has passed the Senate. Introduced January 31, 2025. It now moves to the second chamber.
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