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10  AN ACT concerning driver's licenses; relating to display or possession of
11    false driver's license; prescribing penalties therefor and nondriver
12    identification cards; amending K.S.A. 1996 Supp. 8-260 and 8-1327
13    and repealing the existing section sections.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 1996 Supp. 8-260 is hereby amended to read as
17  follows: 8-260. (a) It shall be unlawful for any person, for any purpose,
18  to:
19    (1)  Display or cause or permit to be displayed or have in possession
20  or have in possession any canceled, revoked, suspended, fictitious or
21  fraudulently altered driver's license with intent to defraud or induce of-
22  ficial action.
23    (2)  Lend any driver's license to any other person or knowingly permit
24  the use thereof by another.
25    (3)  Display or represent as the person's own, any driver's license not
26  issued to the person.
27    (4)  Fail or refuse to surrender to the division upon its lawful demand
28  any driver's license which has been suspended, revoked, or canceled.
29    (5)  Use a false or fictitious name in any application for a driver's
30  license, or any renewal or replacement thereof, or knowingly conceal a
31  material fact, or otherwise commit a fraud in any such application.
32    (6)  Permit any unlawful use of a driver's license issued to the person.
33    (7)  Photograph, photostat, duplicate or in any way reproduce any
34  driver's license or facsimile thereof in such a manner that it could be
35  mistaken for a valid driver's license or display or have in possession any
36  such photograph, photostat, duplicate, reproduction or facsimile unless
37  authorized by law.
38    (8)  Display or possess any photograph, photostat, duplicate or facsim-
39  ile of a driver's license unless authorized by law.
40    (9)  Display or possess cause or permit to be displayed any can-
41  celed, revoked, suspended, fictitious or canceled, revoked or suspended
42  fraudulently altered driver's license.
43    (b)(1)  Violation of paragraphs (1), (2), (3), (4), (6), (7) or, (8) or (9)
SB 265--Am.
                                     

 1  of subsection (a) is a class A nonperson misdemeanor.
 2    (2)  Violation of paragraphs (1) or paragraph (5) of subsection (a) is
 3  a severity level 9, nonperson felony.
 4    (c)  It shall be unlawful for any person to:
 5    (1)  Lend any driver's license to or knowingly permit the use of any
 6  driver's license by any person under 21 years of age for use in the purchase
 7  of any alcoholic liquor.
 8    (2)  Lend any driver's license to or knowingly permit the use of any
 9  driver's license by a person under the legal age for consumption of cereal
10  malt beverage for use in the purchase of any cereal malt beverage.
11    (3)  Lend any driver's license, nondriver's identification card or other
12  form of identification to aid another person in wrongfully obtaining a
13  driver's license or replacement driver's license.
14    (4)  Display or cause to be displayed or have in possession any ficti-
15  tious or fraudulently altered driver's license by any person under 21 years
16  of age for use in the purchase of any alcoholic liquor or cereal malt bev-
17  erage.
18    (d)(1)  Upon a first conviction of a violation of any provision of sub-
19  section (c) is a person shall be guilty of a class B nonperson misdemeanor
20  and shall be sentenced to not less than 100 hours of public service and
21  fined not less than $200 nor more than $500.
22    (2)  On a second or subsequent conviction of a violation of any pro-
23  vision of subsection (c), a person shall be guilty of a class A nonperson
24  misdemeanor.
25    (e)  The provisions of this section shall apply to any driver's license,
26  nondriver's identification card or other form of identification whether
27  issued under the laws of this state or issued under the laws of another
28  state or jurisdiction.
29    Sec. 2.  K.S.A. 1996 Supp. 8-1327 is hereby amended to read as
30  follows: 8-1327. (a) It shall be unlawful for any person, for any
31  purpose, to:
32    (1)  Display, cause or permit to be displayed, or have in posses-
33  sion, any canceled, fictitious, fraudulently altered or fraudulently
34  obtained identification card.
35    (2)  Lend any identification card to any other person or know-
36  ingly permit the use thereof by another.
37    (3)  Display or represent any identification card not issued to
38  the person as being the person's card.
39    (4)  Permit any unlawful use of an identification card issued to
40  the person.
41    (5)  Do any act forbidden or fail to perform any act required by this
42  act Use a false or fictitious name in any application for an identification
43  card, or any renewal or replacement thereof, or knowingly conceal a ma-
SB 265--Am.
                                     

 1  terial fact or otherwise commit a fraud in any such application.
 2    (6)  Display or possess any photograph, photostat, duplicate, re-
 3  production or facsimile of an identification card unless authorized
 4  by the provisions of this act.
 5    (7)  Photograph, photostat, duplicate or in any way reproduce any
 6  identification card or facsimile thereof in such a manner that it could be
 7  mistaken for a valid identification card or display or have in possession
 8  any such photograph, photostat, duplicate, reproduction or facsimile un-
 9  less authorized by law.
10    (8)  Fail or refuse to surrender to the division upon its lawful demand
11  any identification card which has been canceled.
12    (9)  Display or cause or permit to be displayed any canceled identifi-
13  cation card.
14    (b)  Violation of any provision paragraphs (1), (2), (3), (4), (6), (7),
15    (8) or (9) of subsection (a) is a class B A nonperson misdemeanor.
16  Violation of paragraph (5) of subsection (a) is a severity level 9, nonperson
17  felony.
18    (c)  It shall be unlawful for any person to:
19    (1)  Lend any identification card to or knowingly permit the use
20  of any identification card by any person under 21 years of age for
21  use in the purchase of any alcoholic liquor.
22    (2)  Lend any identification card to or knowingly permit the use
23  of any identification card by any person under the legal age for
24  consumption of cereal malt beverage for use in the purchase of any
25  cereal malt beverage.
26    (3)  Lend any identification card, driver's license or other form
27  of identification to aid another person in obtaining an identification
28  card or replacement identification card.
29    (4)  Display or cause to be displayed or have in possession any ficti-
30  tious or fraudulently altered identification card by any person under 21
31  years of age for use in the purchase of any alcoholic liquor or cereal malt
32  beverage.
33    (d)  Violation of any provision of subsection (c) is a class A misde-
34  meanor.
35    (d) (1)  Upon a first conviction of a violation of any provision of sub-
36  section (c) a person shall be guilty of a class B nonperson misdemeanor
37  and shall be sentenced to not less than 100 hours of public service and
38  fined not less than $200 nor more than $500.
39    (2)  On a second or subsequent conviction of a violation of any pro-
40  vision of subsection (c), a person shall be guilty of a class A nonperson
41  misdemeanor.
42    (e)  The provisions of this section shall apply to any identifica-
43  tion card, driver's license or other form of identification whether
SB 265--Am.
                                     

 1  issued under the laws of this state or issued under the laws of an-
 2  other state or jurisdiction.
 3    Sec. 2 3.  K.S.A. 1996 Supp. 8-260 is and 8-1327 are hereby re-
 4  pealed.
 5    Sec. 3 4.  This act shall take effect and be in force from and after its
 6  publication in the statute book.