Session of 2000
SENATE BILL No. 553
By Committee on Judiciary
2-2
9 AN ACT
relating to driving under the influence of alcohol or drugs;
pen-
10 alties; amending
K.S.A. 1999 Supp. 8-1014 and repealing the existing
11 section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 8-1014 is hereby amended to read as
15 follows: 8-1014. (a) Except as provided by
subsection (e) and K.S.A. 8-
16 2,142, and amendments thereto, if a person
refuses a test, the division,
17 pursuant to K.S.A. 8-1002, and amendments
thereto, shall suspend the
18 person's driving privileges for one
year.
19 (b) Except as
provided by subsections (c) and (e) and K.S.A. 8-2,142,
20 and amendments thereto, if a person fails a
test or has an alcohol or drug-
21 related conviction in this state, the
division shall:
22 (1) On the
person's first occurrence, suspend the person's driving
23 privileges for 30 days, then restrict the
person's driving privileges as pro-
24 vided by K.S.A. 8-1015, and amendments
thereto, for an additional 330
25 days; and
26 (2) on the
person's second or a subsequent occurrence, suspend the
27 person's driving privileges for one year
and restrict the person's driving
28 privileges for one year in accordance
with K.S.A. 8-1015, and amend-
29 ments thereto, and restrict the person's
driving privileges for one year by
30 imposition of one of the
following:
31 (A) The
impoundment of each of the driver's motor vehicles during
32 the one-year license suspension;
33 (B) the
immobilization of each of the driver's motor vehicles
during
34 the one-year license suspension;
or
35 (C) the
installation of a state-approved ignition interlock device
on
36 each of the driver's motor vehicles at
the conclusion of the one-year license
37 suspension. Any time period of ignition
interlock restriction shall be cred-
38 ited to the one-year minimum
reinstatement time period.
39 (c) Except as
provided by subsection (e) and K.S.A. 8-2,142, and
40 amendments thereto, if a person who is less
than 21 years of age fails a
41 test or has an alcohol or drug-related
conviction in this state, the division
42 shall:
43 (1) On the
person's first occurrence, suspend the person's driving
2
1 privileges for one year; or
2
(2) if such person has entered a diversion agreement
under K.S.A.
3 12-4412
et seq., and amendments thereto, or
K.S.A. 22-2906 et seq.,
and
4 amendments thereto, suspend
the person's driving privileges for the term
5 of such diversion
agreement on the person's second or a subsequent
oc-
6 currence, suspend the person's
driving privileges for one year and restrict
7 the person's driving privileges
for one year in accordance with K.S.A. 8-
8 1015, and amendments thereto, and
restrict the person's driving privileges
9 for one year by imposition of one
of the following:
10 (A) The
impoundment of each of the driver's motor vehicles during
11 the one-year license suspension;
12 (B) the
immobilization of each of the driver's motor vehicles
during
13 the one-year license suspension;
or
14 (C) the
installation of a state-approved ignition interlock device
on
15 each of the driver's motor vehicles at
the conclusion of the one-year license
16 suspension. Any time period of ignition
interlock restriction shall be cred-
17 ited to the one-year minimum
reinstatement time period.
18 (d) Whenever the
division is notified by an alcohol and drug safety
19 action program that a person has failed to
complete any alcohol and drug
20 safety action education or treatment
program ordered by a court for a
21 conviction of a violation of K.S.A. 8-1567,
and amendments thereto, the
22 division shall suspend the person's driving
privileges until the division
23 receives notice of the person's completion
of such program.
24 (e) Except as
provided in K.S.A. 8-2,142, and amendments thereto,
25 if a person's driving privileges are
subject to suspension pursuant to this
26 section for a test refusal, test failure or
alcohol or drug-related conviction
27 arising from the same arrest, the period of
such suspension shall not
28 exceed the longest applicable period
authorized by subsection (a), (b) or
29 (c), and such suspension periods shall not
be added together or otherwise
30 imposed consecutively. In addition, in
determining the period of such
31 suspension as authorized by subsection (a),
(b) or (c), such person shall
32 receive credit for any period of time for
which such person's driving
33 privileges were suspended while awaiting
any hearing or final order au-
34 thorized by this act.
35 If a person's driving
privileges are subject to restriction pursuant to
36 this section for a test failure or alcohol
or drug-related conviction arising
37 from the same arrest, the restriction
periods shall not be added together
38 or otherwise imposed consecutively. In
addition, in determining the pe-
39 riod of restriction, the person shall
receive credit for any period of sus-
40 pension imposed for a test refusal arising
from the same arrest.
41 (f) If the
division has taken action under subsection (a) for a test
42 refusal or under subsection (b) or (c) for
a test failure and such action is
43 stayed pursuant to K.S.A. 8-259, and
amendments thereto, or if tempo-
3
1 rary driving privileges are issued
pursuant to subsection (k) of K.S.A. 8-
2 1002, and amendments thereto, the
stay or temporary driving privileges
3 shall not prevent the division from
taking the action required by subsec-
4 tion (b) or (c) for an alcohol or
drug-related conviction.
5 (g) Upon
restricting a person's driving privileges pursuant to this sec-
6 tion, the division shall issue
without charge a driver's license which shall
7 indicate on the face of the license
that restrictions have been imposed on
8 the person's driving privileges and
that a copy of the order imposing the
9 restrictions is required to be
carried by the person for whom the license
10 was issued any time the person is operating
a motor vehicle on the high-
11 ways of this state.
12 Sec. 2. K.S.A. 1999 Supp. 8-1014
is hereby repealed.
13 Sec. 3. This act shall
take effect and be in force from and after its
14 publication in the statute book.