21-3902. Official misconduct.
21-3902
21-3902. Official misconduct.(a) Official misconduct is any of the following acts committed by a publicofficer or employee in the officer or employee's public capacity orunder color of the officer or employee's office oremployment:
(1) Using or authorizing the use of any aircraft, as defined by K.S.A.3-201, and amendments thereto, vehicle, as defined by K.S.A. 8-1485, andamendments thereto, or vessel, as defined by K.S.A. 32-1102, and amendmentsthereto, underthe officer's or employee's control or direction, or in the officer's oremployee's custody, exclusively for the private benefit or gain of the officeror employeeor another.
(2) Knowingly and willfully failing to serve civil processwhen required by law.
(3) Using confidential information acquired in the course of and related tothe officer'sor employee's office or employment for the private benefit or gain of theofficer or employee or another or to maliciously cause harm to another. Asused in this section, "confidential" means any information that is not subjectto mandatory disclosure pursuant to K.S.A. 45-221, and amendments thereto.
(4) Except as authorized by law, knowingly, willfullyand with the intent to reduce oreliminate competition among bidders or prospective bidders on any contract orproposed contract: (A) Disclosingconfidential information regarding proposals or communications from bidders orprospective bidders onany contract or proposed contract; (B) accepting anybid or proposal on a contract or proposed contractafter the deadline for acceptance of such bid or proposal; or (C) altering anybidor proposal submitted by a bidder on a contract or proposed contract.
(5) Except as authorized by law, knowingly destroying, tampering with orconcealing evidence of a crime.
(6) Knowingly and willfully submitting to a governmental entity a claim forexpenses which is false or duplicatesexpenses for which a claim is submitted to such governmental entity, anothergovernmental or privateentity.
(b) The provisions of subsection (a)(1) shall not apply to any use ofpersons or propertywhich:
(1) At the time of the use, is authorized by law or by formal written policyof thegovernmental entity; or
(2) constitutes misuse of public funds, as defined in K.S.A. 21-3910 andamendments thereto.
(c) (1) Official misconduct as defined in subsections (a)(1) through(a)(4) is a class A nonperson misdemeanor.
(2) Official misconduct as defined in subsection (a)(5) is: (A) A severitylevel 8, nonperson felony if the evidence is evidence of a crime which is afelony; and (B) a class A nonperson misdemeanor if the evidence is evidence ofa crime which is a misdemeanor.
(3) Official misconduct as defined in subsection (a)(6) is: (A) A severitylevel 7, nonperson felony if the claim is for $25,000 or more; (B) a severitylevel 9, nonperson felony if the claim is for at least$1,000 but less than$25,000; and (C) a class A nonperson misdemeanor for a claim of less than$1,000.
(4) Upon conviction of official misconduct a public officer or employeeshall forfeit such officer or employee's office or employment.
History: L. 1969, ch. 180, § 21-3902;L. 1992, ch. 298, § 62;L. 1993, ch. 291, § 127;L. 1995, ch. 184, § 2;L. 2006, ch. 194, § 22; May 25.