SB 478 — Creating a maximum length of time for an agreement between a utility and law enforcement to install law enforcement equipment on a utility pole or structure and increasing the criminal penalties for assault or battery of a utility or communications employee.

As Amended by Senate Committee Session of 2026 SENATE BILL No.

relating to crimes against persons;persons utilities;

relating to utility facilities and employees;

creating a maximum length of time for agreements authorizing law enforcement agencies to install certain equipment on utility poles or other structures and providing certain exceptions thereto;

providing that evidence collected by such equipment is not admissible in legal proceedings under certain circumstances;

21-5412 and 60-5402 and K.S.A.

7 Be it enacted by the Legislature of the State of Kansas:

(e) AssaultSB of478—Am. a utility or communications employee is assault, as defined in subsection (a), committed against a utility or communications employee of an entity that provides electricity, natural gas, water, wastewater, telecommunications services or internet access services while such employee is engaged in such employee's duties.

SBby 478SC 2 (f)(e) Assault (1) Assaultof a utility or communications employee is assault, as defined in subsection (a), committed against a classutility Cor personcommunications misdemeanor.employee, contractor or subcontractor of an entity that provides electricity, natural gas, water, wastewater, telecommunications services or internet access services while such employee, contractor or subcontractor is engaged in such employee's, contractor's or subcontractor's duties.

(f) (1) Assault is a class C person misdemeanor.

8-1567, and amendments thereto, when bodily harm to another person results from such act under circumstances whereby great bodily harm, disfigurement or death can resultSB from478—Am. such act;

by SC 3 result from such act;

(A) In violation of any restriction imposed on such person's driving privileges pursuant to article 10 of chapter 8 of the Kansas Statutes SB 478 3 Annotated, and amendments thereto;

(C) uniformedSB or478—Am. properly identified federal law enforcement officer while such officer is engaged in the performance of such officer's duty;

by SC 4 (C) uniformed or properly identified federal law enforcement officer while such officer is engaged in the performance of such officer's duty;

or SB 478 4 (F) community corrections officer or court services officer, while such officer is engaged in the performance of such officer's duty;

(A) Uniformed or properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officer'sSB duty;478—Am.

by SC 5 officer's duty;

SB 478 5 (D) judge, while such judge is engaged in the performance of such judge's duty;

(B) subsectionSB (b)(1)(B)478—Am. or (b)(1)(C) is a severity level 7, person felony;

by SC 6 (B) subsection (b)(1)(B) or (b)(1)(C) is a severity level 7, person felony;

SB 478 6 (3) Battery against a law enforcement officer as defined in:

(A) An employee of the Kansas department for aging and disability servicesSB working478—Am. at Larned state hospital, Osawatomie state hospital, south central regional mental health hospital, Kansas neurological institute and Parsons state hospital and the treatment staff as defined in K.S.A.

by SC 7 services working at Larned state hospital, Osawatomie state hospital, south central regional mental health hospital, Kansas neurological institute and Parsons state hospital and the treatment staff as defined in K.S.A.

and (B) contractors and employees of contractors under contract to provide services to the Kansas department for aging and disability services SB 478 7 working at any such institution or facility;

and (13) "utility or communications employee" means any employeeemployee, contractor or subcontractor of an entity that provides electricity, natural gas, water, wastewater, telecommunications services or internet access services.

21-541260-5402 andis K.S.A.hereby amended to read as follows:

60- 5402.

(a) (1) A public utility shall not permit, allow or enter into an agreement that authorizes a law enforcement agency to attach, access, operate, maintain or remove law enforcement equipment on any utility pole or other structure that is owned or operated by the public utility for SB 478—Am.

by SC 8 more than 60 days unless:

(A) Authorized by a lawfully issued warrant or court order;

or (B) the utility pole or structure is in a public area zoned for commercial activity or in any park or recreation area operated by a municipality as defined in K.S.A, 12-105a, and amendments thereto.

(2) After 60 days, if no warrant or court order is issued, any equipment shall be removed as soon as reasonably possible, and any evidence that is collected by such equipment after such 60 days shall not be admissible in any legal proceeding.

(b) Any public utility that authorizes a law enforcement agency or enters into an agreement with a law enforcement agency to authorize the law enforcement agency to attach, access, operate, maintain or remove law enforcement equipment on any utility pole or other structure that is owned or operated by the public utility that complies with subsection (a) shall be immune from liability in any civil action that is based upon or arises from such authorization or agreement.

(b)(c) As used in this section:

(1) "Law enforcement agency" means a city police department, a county sheriff's department or, a county police department or the Kansas bureau of investigation.

(2) "Law enforcement equipment" means any camera.

"Law enforcement equipment" does not include any nonvideo equipment or automatic license plate readers that destroy all data within 90 days unless specific data is retained as part of an open investigation.

(3) "Public utility" means any public utility the same as defined in K.S.A.

66-104, and amendments thereto, municipally owned or operated public utility or electric cooperative public utility.