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 9  AN ACT concerning driving while license canceled, suspended or re-
10    voked; relating to penalty therefor; amending K.S.A. 1996 Supp. 8-262
11    and repealing the existing section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 8-262 is hereby amended to read as
15  follows: 8-262. (a) (1) Any person who drives a motor vehicle on any
16  highway of this state at a time when such person's privilege so to do is
17  canceled, suspended or revoked for failure to pay a fine or comply with
18  a court imposed sentence for a traffic citation other than a violation of
19  K.S.A. 8-1567 and amendments thereto, or any ordinance of any city or
20  law of another state which ordinance or law prohibits the acts described
21  in this subsection shall be guilty of a: (A) Class B nonperson misdemeanor
22  on the first and second convictions; (B) class A nonperson misdemeanor
23  on the third conviction; and (C) severity level 9, nonperson felony on a
24  fourth and subsequent conviction.
25    (2)  Any person who drives a motor vehicle on any highway of this
26  state at a time when such person's privilege so to do is canceled, sus-
27  pended or revoked for a violation of K.S.A. 8-1567 and amendments
28  thereto or any ordinance of any city or a law of another state, which
29  ordinance or law prohibits the acts prohibited by that statute shall be
30  guilty of a: (A) Class B nonperson misdemeanor on the first conviction;
31  (B) class A nonperson misdemeanor on the second conviction; and (C)
32  severity level 9, nonperson felony on a third or subsequent conviction.
33    (2) (3)  No person shall be convicted under this section if such person
34  was entitled at the time of arrest under K.S.A. 8-257, and amendments
35  thereto, to the return of such person's driver's license or was, at the time
36  of arrest, eligible under K.S.A. 8-256, and amendments thereto, to apply
37  for a new license to operate a motor vehicle.
38    (3) (4)  Except as otherwise provided by subsection (a)(4) (a)(5), every
39  person convicted under this section shall be sentenced to at least five
40  days' imprisonment and fined at least $100 and upon a second or sub-
41  sequent conviction shall not be eligible for parole until completion of five
42  days' imprisonment.
43    (4) (5)  If a person (A) is convicted of a violation of this section, com-
SB 308
                                     

 1  mitted while the person's privilege to drive was suspended or revoked for
 2  a violation of K.S.A. 8-1567, and amendments thereto, or any ordinance
 3  of any city or a law of another state, which ordinance or law prohibits the
 4  acts prohibited by that statute, and (B) is or has been also convicted of a
 5  violation of K.S.A. 8-1567, and amendments thereto, or of a municipal
 6  ordinance or law of another state, which ordinance or law prohibits the
 7  acts prohibited by that statute, committed while the person's privilege to
 8  drive was so suspended or revoked, the person shall not be eligible for
 9  suspension of sentence, probation or parole until the person has served
10  at least 90 days' imprisonment, and any fine imposed on such person shall
11  be in addition to such a term of imprisonment.
12    (b)  The division, upon receiving a record of the conviction of any
13  person under this section, or any ordinance of any city or a law of another
14  state which is in substantial conformity with this section, upon a charge
15  of driving a vehicle while the license of such person is revoked or sus-
16  pended, shall extend the period of such suspension or revocation for an
17  additional period of 90 days.
18    (c)  In addition to extension of the period of suspension or revocation
19  under subsection (b), if the conviction is for a violation committed after
20  June 30, 1994, and before July 1, 1996, and committed while the person's
21  driving privileges are suspended pursuant to K.S.A. 8-1014 and amend-
22  ments thereto, the division, upon completion of the extended period of
23  suspension, shall restrict the person's driving privileges for an additional
24  120 days to driving only a motor vehicle equipped with an ignition inter-
25  lock device, as defined by K.S.A. 8-1013 and amendments thereto, ap-
26  proved by the division and obtained, installed and maintained at the per-
27  son's expense.
28    On or before February 1, 1996, the division shall report to the legis-
29  lature regarding the use of the provisions of this subsection and making
30  recommendations concerning continuation or modification of such pro-
31  visions.
32    (d)  For the purposes of determining whether a conviction is a first,
33  second, third or subsequent conviction in sentencing under this section,
34  ``conviction'' includes a conviction of a violation of any ordinance of any
35  city or a law of another state which is in substantial conformity with this
36  section.
37    Sec. 2.  K.S.A. 1996 Supp. 8-262 is hereby repealed.
38    Sec. 3.  This act shall take effect and be in force from and after its
39  publication in the statute book.