Session of 2000
SENATE BILL No. 583
By Committee on Judiciary
2-7
9 AN ACT
concerning criminal prosecution of juvenile offenders; relating
10 to traffic offenses;
amending K.S.A. 1999 Supp. 8-2117 and repealing
11 the existing
section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 8-2117 is hereby amended to read as
15 follows: 8-2117. (a) Subject to the
provisions of this section, a court of
16 competent jurisdiction may hear
prosecutions of traffic offenses involving
17 any child 14 or more years of age but less
than 18 years of age. The court
18 hearing the prosecution may impose any fine
authorized by law for a
19 traffic offense, including a violation of
K.S.A. 8-1567 and amendments
20 thereto, and may order that the child be
placed in a juvenile detention
21 facility, as defined by K.S.A. 38-1602 and
amendments thereto, for not
22 more than 10 days. If the child is less
than 18 years of age, the child shall
23 not be incarcerated in a jail as defined by
K.S.A. 38-1602 and amend-
24 ments thereto. If the statute under which
the child is convicted requires
25 a revocation or suspension of driving
privileges, the court shall revoke or
26 suspend such privileges in accordance with
that statute. Otherwise, the
27 court may suspend the license of any person
who is convicted of a traffic
28 offense and who was under 18 years of age
at the time of commission of
29 the offense. Suspension of a license shall
be for a period not exceeding
30 one year, as ordered by the court. Upon
suspending any license pursuant
31 to this section, the court shall require
that the license be surrendered to
32 the court and shall transmit the license to
the division of vehicles with a
33 copy of the court order showing the time
for which the license is sus-
34 pended. The court may modify the time for
which the license is sus-
35 pended, in which case it shall notify the
division of vehicles in writing of
36 the modification. After the time period has
passed for which the license
37 is suspended, the division of vehicles
shall issue an appropriate license to
38 the person whose license had been
suspended, upon successful comple-
39 tion of the examination required by K.S.A.
8-241 and amendments
40 thereto and upon proper application and
payment of the required fee
41 unless the child's driving privileges have
been revoked, suspended or
42 cancelled for another cause and the
revocation, suspension or cancellation
43 has not expired.
2
1 (b) Instead
of suspending a driver's license pursuant to this section,
2 the court may place restrictions on
the child's driver's privileges pursuant
3 to K.S.A. 8-292 and amendments
thereto.
4 (c) Instead
of the penalties provided in subsections (a) and (b), the
5 court may place the child under a
house arrest program, pursuant to
6 K.S.A. 21-4603b, and amendments
thereto, and sentence the child to the
7 same sentence as an adult traffic
offender under K.S.A. 8-2116, and
8 amendments thereto.
9 (d) As used
in this section, "traffic offense" means a any
traffic in-
10 fraction, as defined by subsection (a)
of K.S.A. 8-2116, and amendments
11 thereto, and any misdemeanor traffic
offense in violation of the uniform
12 act regulating traffic on highways and a
violation of articles 1 and 2 of
13 chapter 8 of the Kansas Statutes Annotated.
Such traffic offenses shall
14 include a violation of a city ordinance or
county resolution which prohibits
15 acts which would constitute a violation of
the uniform act regulating traffic
16 on highways or a violation of articles 1
and 2 of chapter 8 of the Kansas
17 Statutes Annotated, and any violation of a
city ordinance or county res-
18 olution which prohibits acts which are not
violations of state laws and
19 which relate to the regulation of traffic
on the roads, highways or streets
20 or the operation of self-propelled or
nonself-propelled vehicles of any
21 kind.
22 Sec. 2. K.S.A. 1999 Supp. 8-2117
is hereby repealed.
23 Sec. 3. This act shall
take effect and be in force from and after its
24 publication in the statute book.