Session of 2000
HOUSE BILL No. 2908 By Representative Powers 2-8

10 AN ACT concerning driving under the influence of alcohol or drugs;
11 penalties; amending K.S.A. 1999 Supp. 8-1014 and 8-1568 and re-
12 pealing the existing sections.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 1999 Supp. 8-1014 is hereby amended to read as
16 follows: 8-1014. (a) Except as provided by subsection (e) and K.S.A. 8-
17 2,142, and amendments thereto, if a person refuses a test, the division,
18 pursuant to K.S.A. 8-1002, and amendments thereto, shall suspend the
19 person's driving privileges for one year.
20 (b) Except as provided by subsections (c) and (e) and K.S.A. 8-2,142,
21 and amendments thereto, if a person fails a test or has an alcohol or drug-
22 related conviction in this state, the division shall:
23 (1) On the person's first occurrence, suspend the person's driving
24 privileges for 30 days, then restrict the person's driving privileges as pro-
25 vided by K.S.A. 8-1015, and amendments thereto, for an additional 330
26 days; ~~and~~
27 (2) on the person's second ~~or a subsequent~~ occurrence, suspend the
28 person's driving privileges for one year.; and
29 (3) on a person's third or a subsequent occurrence, suspend the per-
30 son's driving privileges for one year and impound each of the driver's
31 motor vehicles during the one-year license suspension.
32 (c) Except as provided by subsection (e) and K.S.A. 8-2,142, and
33 amendments thereto, if a person who is less than 21 years of age fails a
34 test or has an alcohol or drug-related conviction in this state, the division
35 shall:
36 (1) (A) On the person's first or second occurrence, suspend the per-
37 son's driving privileges for one year; or
38 ~~(2)~~ (B) if such person has entered a diversion agreement under K.S.A.
39 12-4412 et seq., and amendments thereto, or K.S.A. 22-2906 et seq., and
40 amendments thereto, suspend the person's driving privileges for the term
41 of such diversion agreement.; and
42 (2) on a person's third or a subsequent occurrence, suspend the per-
43 son's driving privileges for one year and impound each of the driver's

2
1 motor vehicles during the one-year license suspension.
2 (d) Whenever the division is notified by an alcohol and drug safety
3 action program that a person has failed to complete any alcohol and drug
4 safety action education or treatment program ordered by a court for a
5 conviction of a violation of K.S.A. 8-1567, and amendments thereto, the
6 division shall suspend the person's driving privileges until the division
7 receives notice of the person's completion of such program.
8 (e) Except as provided in K.S.A. 8-2,142, and amendments thereto,
9 if a person's driving privileges are subject to suspension pursuant to this
10 section for a test refusal, test failure or alcohol or drug-related conviction
11 arising from the same arrest, the period of such suspension shall not
12 exceed the longest applicable period authorized by subsection (a), (b) or
13 (c), and such suspension periods shall not be added together or otherwise
14 imposed consecutively. In addition, in determining the period of such
15 suspension as authorized by subsection (a), (b) or (c), such person shall
16 receive credit for any period of time for which such person's driving
17 privileges were suspended while awaiting any hearing or final order au-
18 thorized by this act.
19 If a person's driving privileges are subject to restriction pursuant to
20 this section for a test failure or alcohol or drug-related conviction arising
21 from the same arrest, the restriction periods shall not be added together
22 or otherwise imposed consecutively. In addition, in determining the pe-
23 riod of restriction, the person shall receive credit for any period of sus-
24 pension imposed for a test refusal arising from the same arrest.
25 (f) If the division has taken action under subsection (a) for a test
26 refusal or under subsection (b) or (c) for a test failure and such action is
27 stayed pursuant to K.S.A. 8-259, and amendments thereto, or if tempo-
28 rary driving privileges are issued pursuant to subsection (k) of K.S.A. 8-
29 1002, and amendments thereto, the stay or temporary driving privileges
30 shall not prevent the division from taking the action required by subsec-
31 tion (b) or (c) for an alcohol or drug-related conviction.
32 (g) Upon restricting a person's driving privileges pursuant to this sec-
33 tion, the division shall issue without charge a driver's license which shall
34 indicate on the face of the license that restrictions have been imposed on
35 the person's driving privileges and that a copy of the order imposing the
36 restrictions is required to be carried by the person for whom the license
37 was issued any time the person is operating a motor vehicle on the high-
38 ways of this state.
39 Sec. 2. K.S.A. 1999 Supp. 8-1568 is hereby amended to read as fol-
40 lows: 8-1568. (a) Any driver of a motor vehicle who willfully fails or refuses
41 to bring such driver's vehicle to a stop, or who otherwise flees or attempts
42 to elude a pursuing police vehicle or police bicycle, when given visual or
43 audible signal to bring the vehicle to a stop, shall be guilty as provided

3
1 by subsection (c)(1), (2) or (3). The signal given by the police officer may
2 be by hand, voice, emergency light or siren. The officer giving such signal
3 shall be in uniform, prominently displaying such officer's badge of office,
4 and the officer's vehicle or bicycle shall be appropriately marked showing
5 it to be an official police vehicle or police bicycle.
6 (b) Any driver who violates the provisions of subsection (a) and who:
7 (1) Commits any of the following during a police pursuit: (A) Fails to stop
8 for a police road block; (B) drives around tire deflating devices placed by
9 a police officer; (C) engages in reckless driving as defined by K.S.A. 8-
10 1566 and amendments thereto; (D) is involved in any motor vehicle ac-
11 cident or intentionally causes damage to property; or (E) commits five or
12 more moving violations; or
13 (2) is attempting to elude capture for the commission of any felony,
14 shall be guilty as provided in subsection (c)(4).
15 (c) (1) Every person convicted of violating subsection (a), upon a first
16 conviction, shall be guilty of a class B nonperson misdemeanor.
17 (2) Every person convicted of violating subsection (a), upon a second
18 conviction of such subsection, shall be guilty of a class A nonperson
19 misdemeanor.
20 (3) Every person convicted of violating subsection (a), upon a third
21 or subsequent conviction of such subsection, shall be guilty of a severity
22 level 9, person felony.
23 (4) Every person convicted of violating subsection (b) shall be guilty
24 of a severity level 9, person felony.
25 (5) In addition to the penalty provided under paragraph (4), each of
26 the driver's motor vehicles shall be impounded for one year.
27 (d) For the purpose of this section "conviction" means a final con-
28 viction without regard whether sentence was suspended or probation
29 granted after such conviction. Forfeiture of bail, bond or collateral de-
30 posited to secure a defendant's appearance in court, which forfeiture has
31 not been vacated, shall be equivalent to a conviction.
32 (e) The division of vehicles of the department of revenue shall pro-
33 mote public awareness of the provisions of this section when persons
34 apply for or renew such person's driver's license.
35 Sec. 3. K.S.A. 1999 Supp. 8-1014 and 8-1568 are hereby repealed.
36 Sec. 4. This act shall take effect and be in force from and after its
37 publication in the statute book.