Session of 1998
                   
SENATE BILL No. 570
         
By Committee on Transportation and Tourism
         
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            9             AN ACT relating to driver's licenses; concerning the revocation or sus-
10             pension thereof for certain convictions; amending K.S.A. 8-254 and
11             K.S.A. 1997 Supp. 8-1013 and repealing the existing sections.
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13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 8-254 is hereby amended to read as follows: 8-254.
15       (a) Subject to the provisions of subsection (b), the division shall revoke a
16       person's driving privileges upon receiving a record of the person's con-
17       viction of any of the following offenses, including municipal violations,
18       when the conviction has become final, or upon receiving a record of a
19       person's adjudication as a juvenile offender for commission of an act
20       which, if committed by a person 18 or more years of age, would constitute
21       any of the following offenses when the adjudication has become final:
22           (1) Aggravated vehicular homicide, as defined by K.S.A. 21-3405a
23       Murder in the second degree, as defined in K.S.A. 21-3402, and amend-
24       ments thereto, or involuntary manslaughter, as defined in K.S.A. 21-3404,
25       and amendments thereto, if the crime is committed while committing a
26       violation of K.S.A. 8-1566 or 8-1568, and amendments thereto, or the
27       ordinance of a city or resolution of a county which prohibits any acts
28       prohibited by those statutes;
29           (2) vehicular homicide, as defined by K.S.A. 21-3405, and amend-
30       ments thereto;
31           (3) vehicular battery, as defined by K.S.A. 21-3405b battery, as de-
32       fined in K.S.A. 21-3412, and amendments thereto, aggravated battery, as
33       defined in K.S.A. 21-3414, and amendments thereto, battery against a law
34       enforcement officer, as defined in K.S.A. 21-3413, and amendments
35       thereto, or aggravated battery against a law enforcement officer, as de-
36       fined in K.S.A. 21-3415, and amendments thereto, if the crime is com-
37       mitted while committing a violation of K.S.A. 8-1566 or 8-1568, and
38       amendments thereto, or the ordinance of a city or resolution of a county
39       which prohibits the acts prohibited by those statutes;
40           (4) failure to stop and render aid as required under the laws of this
41       state in the event of a motor vehicle accident resulting in the death or
42       personal injury of another;
43           (5) conviction, or forfeiture of bail not vacated, upon a charge of

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  1       reckless driving;
  2           (6) conviction, or forfeiture of bail not vacated of any felony in the
  3       commission of which a motor vehicle is used; or
  4           (7) fleeing or attempting to elude a police officer as provided in
  5       K.S.A. 8-1568, and amendments thereto, or conviction of violation of an
  6       ordinance of any city or a law of another state which is in substantial
  7       conformity with such statute.
  8           (b) In lieu of revoking a person's driving privileges as provided by
  9       subsection (a), the court in which the person is convicted or adjudicated
10       may place restrictions on the person's driving privileges as provided by
11       K.S.A. 8-292, and amendments thereto, unless the violation was com-
12       mitted while operating a commercial motor vehicle, as defined in K.S.A.
13       8-2,128, and amendments thereto. Driving privileges are to be automat-
14       ically revoked if the violation which leads to the subsequent conviction
15       occurs in a commercial motor vehicle, as defined in K.S.A. 8-2,128, and
16       amendments thereto.
17           Sec. 2. K.S.A. 1997 Supp. 8-1013 is hereby amended to read as fol-
18       lows: 8-1013. As used in K.S.A. 8-1001 through 8-1010, 8-1011, 8-1012,
19       8-1014, 8-1015, 8-1016, 8-1017 and 8-1018, and amendments thereto,
20       and this section:
21           (a) ``Alcohol concentration'' means the number of grams of alcohol
22       per 100 milliliters of blood or per 210 liters of breath.
23           (b) (1) ``Alcohol or drug-related conviction'' means any of the follow-
24       ing: (A) Conviction of vehicular battery or aggravated murder in the sec-
25       ond degree, involuntary manslaughter while driving under the influence
26       of alcohol or drugs or vehicular homicide, if the crime is committed while
27       committing a violation of K.S.A. 8-1567 and amendments thereto or the
28       ordinance of a city or resolution of a county in this state which prohibits
29       any acts prohibited by that statute, or conviction of a violation of K.S.A.
30       8-1567 and amendments thereto; (B) conviction of a violation of a law of
31       another state which would constitute a crime described in subsection
32       (b)(1)(A) if committed in this state; (C) conviction of a violation of an
33       ordinance of a city in this state or a resolution of a county in this state
34       which would constitute a crime described in subsection (b)(1)(A),
35       whether or not such conviction is in a court of record; or (D) conviction
36       of an act which was committed on a military reservation and which would
37       constitute a violation of K.S.A. 8-1567, and amendments thereto, or would
38       constitute a crime described in subsection (b)(1)(A) if committed off a
39       military reservation in this state.
40           (2) For the purpose of determining whether an occurrence is a first,
41       second or subsequent occurrence: (A) ``Alcohol or drug-related convic-
42       tion'' also includes entering into a diversion agreement in lieu of further
43       criminal proceedings on a complaint alleging commission of a crime de-

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  1       scribed in subsection (b)(1) which agreement was entered into during the
  2       immediately preceding five years, including prior to the effective date of
  3       this act; and (B) it is irrelevant whether an offense occurred before or
  4       after conviction or diversion for a previous offense.
  5           (c) ``Division'' means the division of vehicles of the department of
  6       revenue.
  7           (d) ``Ignition interlock device'' means a device which uses a breath
  8       analysis mechanism to prevent a person from operating a motor vehicle
  9       if such person has consumed an alcoholic beverage.
10           (e) ``Occurrence'' means a test refusal, test failure or alcohol or drug-
11       related conviction, or any combination thereof arising from one arrest,
12       occurring in the immediately preceding five years, including prior to the
13       effective day of this act.
14           (f) ``Other competent evidence'' includes: (1) Alcohol concentration
15       tests obtained from samples taken two hours or more after the operation
16       or attempted operation of a vehicle; and (2) readings obtained from a
17       partial alcohol concentration test on a breath testing machine.
18           (g) ``Samples'' includes breath supplied directly for testing, which
19       breath is not preserved.
20           (h) ``Test failure'' or ``fails a test'' refers to a person's having results
21       of a test administered pursuant to this act, other than a preliminary
22       screening test, which show an alcohol concentration of .08 or greater in
23       the person's blood or breath, and includes failure of any such test on a
24       military reservation.
25           (i) ``Test refusal'' or ``refuses a test'' refers to a person's failure to
26       submit to or complete any test, other than a preliminary screening test,
27       in accordance with this act, and includes refusal of any such test on a
28       military reservation.
29           (j) ``Law enforcement officer'' has the meaning provided by K.S.A.
30       21-3110, and amendments thereto, and includes any person authorized
31       by law to make an arrest on a military reservation for an act which would
32       constitute a violation of K.S.A. 8-1567, and amendments thereto, if com-
33       mitted off a military reservation in this state.
34           Sec. 3. K.S.A. 8-254 and K.S.A. 1997 Supp. 8-1013 are hereby re-
35       pealed.
36           Sec. 4. This act shall take effect and be in force from and after its
37       publication in the Kansas register.
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