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Legislation #: 030449 Introduction Date: 4/3/2003
Type: Ordinance Effective Date: 4/13/2003
Sponsor: None
Title: Amending Chapter 38, Code of Ordinances, by repealing Sections 38-101, Reporting responsibility, 38-103, Incident reports, and 38-104, Confidentiality of records, and enacting in lieu thereof new Sections 38-101 and 38-103 to amend the Bias Offense Reporting requirements.

Legislation History
DateMinutesDescription
4/3/2003

Waive Charter Requirements City Council

4/3/2003

Passed


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030449.pdf Authenticated 90K Authenticated

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ORDINANCE NO. 030449

 

Amending Chapter 38, Code of Ordinances, by repealing Sections 38-101, Reporting responsibility, 38-103, Incident reports, and 38-104, Confidentiality of records, and enacting in lieu thereof new Sections 38-101 and 38-103 to amend the Bias Offense Reporting requirements.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 38, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 38-101, Reporting responsibility, 38-103, Incident reports, and 38-104, and enacting in lieu thereof new Sections 38-101 and 38-103, to read to follows:

 

Sec. 38-101. Reporting responsibility.

 

The police department of the city shall collect and maintain information relating to alleged crimes and ordinance violations occurring within the city in which the evidence of the offense indicates it was motivated by bigotry or bias related to the race, religion, sexual orientation or ethnicity of individuals or groups. For purposes of this section the following crimes and ordinance violations contained in the Code of Ordinances are included:

(1) Section 1-17(d) General Penalty; Continuing Violations

 

(2) Section 50-9, Stalking

 

(3) Section 50-102, Trespass generally

 

(4) Section 50-124, Institutional Vandalism

 

(5) Section 50-125, Defacing property with aerosol paint and like materials

 

(6) Section 50-159, Harassment

(7) Section 50-164, Disorderly Conduct

 

(8) Section 50-167, Disturbing the peace

 

(9) Section 50-168, Bodily injury - attempting

 

(10) Section 50-169, Same - inflicting

 

(11) Section 50-170, Assault on persons or on route to or from school premises; disturbing school activities

 


(12) Section 50-171, Aggravated Trespass

 

(13) Section 50-261, Unlawful use of Weapon

 

(14) Section 64-11, Throwing missiles

 

(15) Section 64-12, Throwing objects from building

Sec. 38-103. Incident reports.

 

(a) Notification of director required. Whenever any police officer has identified a victim of an alleged bias crime or city ordinance violation, the police department of the city shall, to the extent known, supply the name, address and telephone number of the victim to the director of the human relations department, acting for the human rights commission, together with other relevant information concerning the victim. Whenever any police officer has identified an incident that does not constitute a crime or city ordinance violation the officer will refer the victim to the human relations department. The director of human relations shall establish a telephone line for citizens to call to report incidents of possible bias incidents that are not crimes or city ordinance violations.

 

(b) Purpose of notification. The purposes of this reporting are to permit the director of human relations, or other designated party appointed by the director, acting for the human rights commission, to:

 

(1) Contact the victim for the purpose of offering to help the victim deal with the police department, prosecutors and other interested agencies, and to help secure any other support which may be available to the victim; and

 

(2) Determine whether the incident is related to a pattern of discrimination, or if, due to bias-related tensions in the area where the incident occurred, further incidents are likely to occur if remedial action is not taken.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney