66-2304. Nuclear security guard; use of force; use of deadly force, when. - Kansas Statutes

66-2304

Chapter 66.--PUBLIC UTILITIES Article 23.--NUCLEAR GENERATING FACILITY SECURITY GUARDS

      66-2304.   Nuclear security guard; use of force; useof deadly force, when.(a) An armed nuclear security guard is justified in usingphysical force against another person at a nuclear generating facility orstructure or fenced yard of a nuclear generating facility if the armed nuclearsecurity guard reasonably believes that such force is necessary to prevent orterminate the commission or attempted commission of criminal damage to propertyunder K.S.A. 21-3720 (a)(1), and amendments thereto, criminal use of weaponsunder K.S.A. 21-4201, and amendments thereto, or criminal trespass on a nucleargenerating facility underK.S.A. 2009 Supp.66-2303, and amendments thereto.

      (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 isjustified in using physical force up to and including deadly physical forceagainst another person at a nuclear generating facility or structure or fencedyard of a nuclear generating facility if the armed nuclear security guardreasonably 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, andamendments thereto, murder in the second degree under K.S.A. 21-3402, andamendmentsthereto, aggravated assault under K.S.A. 21-3410, and amendments thereto,kidnapping under K.S.A. 21-3420, and amendments thereto, aggravated kidnappingunder 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 amendmentsthereto, 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 deadlyphysical force.

      (c)   Notwithstanding any other provision of this act, an armed nuclearsecurity guard is justified in threatening to use physical or deadly physicalforce if and to the extent a reasonable armed nuclear security guard believesit necessary to protect oneself or others against another person's potentialuse 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 generatingfacility shall be subject to civil liability for conduct of an armed nuclearsecurity guard which isjustified pursuant to this act.

      History:   L. 2006, ch. 27, § 4; July 1.