Session of 1999
SENATE BILL No. 333
By Committee on Federal and State Affairs
2-22
9 AN ACT concerning motor vehicles; relating to the operation thereof
10 while under the influence of alcohol or drugs; amending K.S.A. 1998
11 Supp. 8-1012 and 8-1567a and repealing the existing sections.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 8-1567a is hereby amended to read as
15 follows: 8-1567a. (a) It shall be unlawful for any person less than 21 years
16 of age to operate or attempt to operate a vehicle in this state with a breath
17 or blood, blood or urine alcohol content of .02 or greater.
18 (b) If a person less than 21 years of age submits to a breath, blood
19 or urine alcohol test requested pursuant to K.S.A. 8-1001 or 8-2,142, and
20 amendments thereto, and produces a test result of .02 or greater, but less
21 than .08, the person is guilty of a traffic infraction.
22 (c) If a person less than 21 years of age submits to a breath, blood
23 or urine alcohol test requested pursuant to K.S.A. 8-1001 or 8-2,142, and
24 amendments thereto, and produces a test result of .02 or greater, but less
25 than .08, the person's driving privileges upon the first occurrence shall be
26 suspended for 30 days and upon a second or subsequent occurrence shall
27 be suspended for 90 days.
28 (b) (d) Whenever a law enforcement officer determines that a breath
29 or blood alcohol test is to be required of a person less than 21 years of
30 age pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and amendments thereto,
31 in addition to any other notices required by law, the law enforcement
32 officer shall provide written and oral notice that: (1) It is unlawful for any
33 person less than 21 years of age to operate or attempt to operate a vehicle
34 in this state with a breath or blood, blood or urine alcohol content of .02
35 or greater; and (2) if the person is less than 21 years of age at the time
36 of the test request and submits to and completes the test or tests and the
37 test results show an alcohol concentration of .02 or greater, the such
38 person shall be guilty of a traffic infraction, subject to a fine in the amount
39 of $200 and such person's driving privileges will be suspended for at least
40 30 days upon the first occurrence and for at least 90 days upon a second
41 or subsequent occurrence.
42 (c) (e) Any suspension and restriction of driving privileges pursuant
43 to this section shall be in addition to any disqualification from driving a
44 commercial motor vehicle pursuant to K.S.A. 8-2,142 and amendments
45 thereto.
46 (d) (f) Whenever a breath or blood, blood or urine alcohol test is
47 requested pursuant to K.S.A. 8-1001 and amendments thereto, from a
48 person less than 21 years of age, and results in a test result of .02 or
49 greater, but less than .08, a law enforcement officer's certification under
50 this section shall be prepared. The certification required by this section
51 shall be signed by one or more officers to certify that:
52 (1) (A) There existed reasonable grounds to believe that the person
53 was operating a vehicle while under the influence of alcohol or drugs, or
54 both, or to believe that the person had been driving a commercial motor
55 vehicle, as defined in K.S.A. 8-2,128 and amendments thereto, while hav-
56 ing alcohol or other drugs, or both, in such person's system; (B) the person
57 had been placed under arrest, was in custody or had been involved in a
58 vehicle accident or collision; (C) a law enforcement officer had presented
59 the person with the oral and written notice required by K.S.A. 8-1001
60 and amendments thereto, and the oral and written notice required by
61 this section; (D) that the person was less than 21 years of age at the time
62 of the test request; and (E) the result of the test showed that the person
63 had an alcohol concentration of .02 or greater in such person's blood or
64 breath, blood or urine.
65 (2) With regard to a breath test, in addition to those matters required
66 to be certified under subsection (d)(1), that: (A) The testing equipment
67 used was certified by the Kansas department of health and environment;
68 (B) the testing procedures used were in accordance with the require-
69 ments set out by the Kansas department of health and environment; and
70 (C) the person who operated the testing equipment was certified by the
71 Kansas department of health and environment to operate such
72 equipment.
73 (e) (g) If a hearing is requested as a result of a law enforcement
74 officer's certification under this section, the scope of the hearing shall be
75 limited to whether: (1) A law enforcement officer had reasonable grounds
76 to believe the person was operating a vehicle while under the influence
77 of alcohol or other drugs, or both, or to believe that the person had been
78 driving a commercial motor vehicle, as defined in K.S.A. 8-2,128 and
79 amendments thereto, while having alcohol or other drugs, or both, in such
80 person's system; (2) the person was in custody or arrested for an alcohol
81 or drug related offense or was involved in a motor vehicle accident or
82 collision resulting in property damage, personal injury or death; (3) a law
83 enforcement officer had presented the person with the oral and written
84 notice required by K.S.A. 8-1001 and amendments thereto, and the oral
85 and written notice required by this section; (4) the testing equipment
86 used was reliable certified by the department of health and environment;
87 (5) the person who operated the testing equipment was qualified certified
88 by the department of health and environment; (6) the testing procedures
89 used were reliable certified by the department of health and environment;
90 (7) the test result determined that the person had an alcohol concentra-
91 tion of .02 or greater in such person's blood or breath, blood or urine; (8)
92 the person was operating a vehicle; and (9) the person was less than 21
93 years of age at the time a test was requested.
94 (f) If a person less than 21 years of age submits to a breath or blood
95 alcohol test requested pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and
96 amendments thereto, and produces a test result of .02 or greater, but less
97 than .08, the person's driving privileges upon the first occurrence shall
98 be suspended for 30 days and upon a second or subsequent occurrence
99 shall be suspended for 90 days.
100 (g) (h) Except where there is a conflict between this section and
101 K.S.A. 8-1001 and 8-1002, and amendments thereto, the provisions of
102 K.S.A. 8-1001 and 8-1002, and amendments thereto, shall be applicable
103 to proceedings under this section.
104 (h) (i) Any determination under this section that a person less than
105 21 years of age had a test result of .02 or greater, but less than .08, and
106 any resulting administrative action upon the person's driving privileges,
107 upon the first occurrence of such test result and administrative action,
108 shall not be considered by any insurance company in determining the rate
109 charged for any automobile liability insurance policy or whether to cancel
110 any such policy under the provisions of subsection (4)(a) of K.S.A. 40-
111 277, and amendments thereto.
112 (i) The provisions of this section shall take effect on and after January
113 1, 1997.
114 Sec. 2. K.S.A. 1998 Supp. 8-1012 is hereby amended to read as
115 follows: 8-1012. A law enforcement officer may request a person who is
116 operating or attempting to operate a vehicle within this state to submit
117 to a preliminary screening test of the person's breath to determine the
118 alcohol concentration of the person's breath if the officer has reasonable
119 grounds to believe that the person: (a) Has alcohol in the person's body;
120 (b) has committed a traffic infraction; or (c) has been involved in a vehicle
121 accident or collision. At the time the test is requested, the person shall
122 be given oral notice that: (1) There is no right to consult with an attorney
123 regarding whether to submit to testing; (2) refusal to submit to testing is
124 a traffic infraction class C misdemeanor; and (3) further testing may be
125 required after the preliminary screening test. Failure to provide the notice
126 shall not be an issue or defense in any action. The law enforcement officer
127 then shall request the person to submit to the test. Refusal to take and
128 complete the test as requested is a traffic infraction class C misdemeanor.
129 If the person submits to the test, the results shall be used for the purpose
130 of assisting law enforcement officers in determining whether an arrest
131 should be made and whether to request the tests authorized by K.S.A. 8-
132 1001 and amendments thereto. A law enforcement officer may arrest a
133 person based in whole or in part upon the results of a preliminary screen-
134 ing test. Such results shall not be admissible in any civil or criminal action
135 except to aid the court or hearing officer in determining a challenge to
136 the validity of the arrest or the validity of the request to submit to a test
137 pursuant to K.S.A. 8-1001 and amendments thereto. Following the pre-
138 liminary screening test, additional tests may be requested pursuant to
139 K.S.A. 8-1001 and amendments thereto.
140 Sec. 3. K.S.A. 1998 Supp. 8-1012 and 8-1567a are hereby repealed.
141 Sec. 4. This act shall take effect and be in force from and after its
142 publication in the statute book.