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 9  AN ACT regulating traffic; concerning fleeing or eluding police officer;
10    amending K.S.A. 1996 Supp. 8-1568 and repealing the existing section.
11
12  Be it enacted by the Legislature of the State of Kansas:
13    Section 1.  K.S.A. 1996 Supp. 8-1568 is hereby amended to read as
14  follows: 8-1568. (a) Any driver of a motor vehicle who willfully fails or
15  refuses to bring such driver's vehicle to a stop, or who otherwise flees or
16  attempts to elude a pursuing police vehicle or police bicycle, when given
17  visual or audible signal to bring the vehicle to a stop, shall be guilty as
18  provided by subsection (b) (c). The signal given by the police officer may
19  be by hand, voice, emergency light or siren. The officer giving such signal
20  shall be in uniform, prominently displaying such officer's badge of office,
21  and the officer's vehicle or bicycle shall be appropriately marked showing
22  it to be an official police vehicle or police bicycle.
23    (b)  Any driver who violates the provisions of subsection (a) and who:
24    (1) Commits any of the following during police pursuit: (A) Exceeds posted
25  speed limit by more than 20 miles per hour; (B) fails to stop for a police
26  roadblock; (C) drives around tire deflating devices placed by police officer;
27  (D) engages in reckless driving as defined by K.S.A. 8-1566, and amend-
28  ments thereto; or (E) is involved in any motor vehicle accident or causes
29  any intentional property damage; or
30    (2)  is attempting to elude capture for the commission of any felony,
31  shall be guilty as provided in paragraph (4) of subsection (c).
32    (b) (c) (1)  Every person convicted of violating subsection (a), upon a
33  first conviction, shall be guilty of a class B nonperson misdemeanor.
34    (2)  Every person convicted of violating subsection (a), upon a second
35  conviction of such subsection, shall be guilty of a class A nonperson mis-
36  demeanor.
37    (3)  Every person convicted of violating subsection (a), upon a third
38  or subsequent conviction of such subsection, shall be guilty of a severity
39  level 9, person felony.
40    (4)  Every person convicted of violating subsection (b), shall be guilty
41  of a severity level 9, person felony.
42    (4) (5)  For the purpose of this section ``conviction'' means a final
43  conviction without regard whether sentence was suspended or probation
HB 2563
                                     

 1  granted after such conviction. Forfeiture of bail, bond or collateral de-
 2  posited to secure a defendant's appearance in court, which forfeiture has
 3  not been vacated, shall be equivalent to a conviction.
 4    Sec. 2.  K.S.A. 1996 Supp. 8-1568 is hereby repealed.
 5    Sec. 3.  This act shall take effect and be in force from and after its
 6  publication in the statute book.