History: L. 2006, ch. 27, § 1; July 1.
(a) "Armed nuclear security guard" means a security guard who works at a nuclear generating facility, who is employed as part of the security plan approved by the nuclear regulatory commission and who meets the requirements mandated by the nuclear regulatory commission for carrying a firearm;
(b) "nuclear generating facility" means an electric power generating facility that is owned by an electric utility or a consortium of electric utilities and that produces electricity by means of a nuclear reactor and includes the property on which the facility is located;
(c) "electric utility" means every public utility as defined by K.S.A. 66-104, and amendments thereto, which owns, controls, operates or manages any equipment, plant or generating machinery for the production, transmission, delivery or furnishing of electricity or electric power;
(d) "enter" means the intrusion of any part of any instrument or any part of a person's body inside of a nuclear generating facility or a structure or fenced yard of a nuclear generating facility;
(e) "entering or remaining unlawfully" means an act by a person who enters or remains in or on a nuclear generating facility or a structure or fenced yard of a nuclear generating facility if that person's intent for entering or remaining is not licensed, authorized or otherwise privileged;
(f) "structure or fenced yard" means any structure, fenced yard, wall, building or other similar barrier or any combination of structures, fenced yards, walls, buildings or other barriers that surrounds a nuclear generating facility and that is posted with signage indicating it is a felony to trespass.
History: L. 2006, ch. 27, § 2; July 1.
(1) Knowingly entering or remaining unlawfully in or on a nuclear generating facility; or
(2) knowingly entering or remaining unlawfully within a structure or fenced yard of a nuclear generating facility.
(b) Criminal trespass on a nuclear generating facility is a severity level 6, person felony.
History: L. 2006, ch. 27, § 3; July 1.
(b) Notwithstanding the provisions of K.S.A. 21-3211, 21-3212, 21-3213, 21-3215 and 21-3216, and amendments thereto, an armed nuclear security guard is justified in using physical force up to and including deadly physical force against another person at a nuclear generating facility or structure or fenced yard of a nuclear generating facility if the armed nuclear security guard reasonably believes that such force is necessary to:
(1) Prevent the commission of manslaughter under K.S.A. 21-3403 or 21-3404, and amendments thereto, murder in the first degree under K.S.A. 21-3401, and amendments thereto, murder in the second degree under K.S.A. 21-3402, and amendments thereto, aggravated assault under K.S.A. 21-3410, and amendments thereto, kidnapping under K.S.A. 21-3420, and amendments thereto, aggravated kidnapping under K.S.A. 21-3421, and amendments thereto, aggravated burglary under K.S.A. 21-3716, and amendments thereto, arson under K.S.A. 21-3718, and amendments thereto, aggravated arson under K.S.A. 21-3719, and amendments thereto, aggravated robbery under K.S.A. 21-3427, and amendments thereto; or
(2) defend oneself or a third person from the use or imminent use of deadly physical force.
(c) Notwithstanding any other provision of this act, an armed nuclear security guard is justified in threatening to use physical or deadly physical force if and to the extent a reasonable armed nuclear security guard believes it necessary to protect oneself or others against another person's potential use of physical force or deadly physical force.
(d) No armed nuclear security guard, employer of an armed nuclear security guard or owner of a nuclear generating facility shall be subject to civil liability for conduct of an armed nuclear security guard which is justified pursuant to this act.
History: L. 2006, ch. 27, § 4; July 1.
(b) Reasonable belief of an armed nuclear security guard is a defense to a civil or criminal action against an armed nuclear security guard, such guard's employer or any owner of the nuclear generating facility where such guard is employed for false arrest, false or unlawful imprisonment or wrongful detention.
History: L. 2006, ch. 27, § 5; July 1.