| In 1984, the Kansas Legislature established the Kansas Law Enforcement
Officers Memorial. K.S.A. 75-2250 and K.S.A. 75-2251 provide statutory authority
for the memorial and an advisory committee. The memorial, located on the grounds
of the state capitol, is tribute to law enforcement officers who have lost their
lives in the line of duty while in service to the state. The guiding principle
for inclusion on the memorial is to honor those, who by virtue of their
commitment to uphold the law and protect the citizens of Kansas, gave their
lives in service to the people of this state. Therefore, the criteria set forth
here is to insure that the memorial continues to be a tribute to those who were
killed or died as a result of a law enforcement action or emergency situation.
For the purpose of this Memorial, "law enforcement officer" means
an individual involved in crime control reduction and who is directly employed
on a full-time, part-time or volunteer basis by a local, county, state or
federal law enforcement agency, with or without compensation, who is duly sworn
and has full arrest powers. In addition, military police officers will be
included but only if at the time of their death they were performing duties
similar to those of non-military law enforcement officers.
Correctional employees shall be included if they are recognized as having law
enforcement status by their employing jurisdiction. Other correctional employees
who do not have formal law enforcement status but do have a primary or limited
responsibility for the custody and security of suspected or convicted criminal
offenders, and are employed by a local, county, state or federal correctional
agency will also be considered. If law enforcement is not a person's primary
function, then that person must be engaged in their law enforcement duties when
the fatal injury occurs. In such cases, eligibility will be determined after a
review of several factors, including but not limited to job description,
federal, state or local statutes, training and circumstances of death.
"Line of duty" means any action which an officer is obligated or
authorized by law, rule, regulation, written condition of employment service to
perform, or for which the officer is compensated by the public agency he or she
serves.
The term "killed in the line of duty" means a law enforcement
officer who has died as a direct and proximate result of a personal injury
sustained in the line of duty. This includes victim law enforcement officers
who, while in an off-duty capacity, act in response to a law violation, or are
actually en route to or from a specific emergency or responding to a particular
request for assistance.
Accidental deaths resulting from training activities will be considered for
inclusion after a review of several factors, including, but not limited to, the
circumstances of death, type of activity, and whether or not the training was
authorized by the employing jurisdiction.
Not included under this definition are deaths attributed to natural causes,
except when the medical condition arises out of physical exertion, while on
duty, and directly related to a specific stressful response to a violation of
law or an emergency situation. Included are deaths that occur within 24-hours of
the stressful response, or during a continuous period of hospitalization
immediately following the specific stressful response to the violation of law or
emergency situation. Stressful responses include but are not limited to the
following: 1) a physical struggle with a suspected or convicted criminal; 2)
performing search and rescue that requires rigorous physical activity; 3)
performing or assisting with emergency medical treatment; 4) responding to a law
violation or emergency situation that involves an imminent risk of serious
injury or death to the officer or others; or 5) a situation that requires either
a high speed response by vehicle or pursuit on foot. Specifically excluded under
this definition are medical related deaths resulting from training, deaths
attributed to voluntary alcohol or controlled substance abuse, deaths caused by
the intentional misconduct of the officer, deaths caused by the officer's
intention to bring about his or her own death, and deaths attributed to an
officer performing in a grossly negligent manner at time of death.
Deaths caused by disease will be reviewed by a qualified pathologist or other
medical personnel with similar skill and expertise. If it is determined that the
officer died as a result of infectious disease contracted while performing
official duties, or by exposure to hazardous materials or conditions while
performing official duties, that officer is eligible for inclusion on the
Memorial.
An officer will be included if the employing jurisdiction states that the
officer died in the line of duty and there is insufficient credible information
to believe otherwise. When there is unresolved doubt regarding the circumstances
of the officer's death or with respect to status as a law enforcement officer,
the matter will be resolved in favor of inclusion. The Law Enforcement Officers
Memorial Advisory Committee, the Director of the Kansas Bureau of Investigation
and the Kansas State Historical Society will exhaust all reasonable means
available to verify an officer's eligibility status.
Adopted by the Law Enforcement Officers Memorial Advisory Committee on the
4th day of February, 2000.
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