An Act concerning motor vehicles; relating to reporting of traffic convictions and adjudi- cations; amending K.S.A. 8-2115 and K.S.A. 1995 Supp. 8-253 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1995 Supp. 8-253 is hereby amended to read as follows: 8-253. (a) When K.S.A. 8-254, and amendments thereto, makes mandatory the revocation of a person's driving privileges by the division, the court in which such conviction or adjudication is had shall require the surrender to it of all driver's licenses then held by the person so convicted or adjudicated, and the court shall forward the same, or if such court has a clerk shall direct the clerk to forward the same, together with a record of such conviction or adjudication to the division, within 10 days from the date the conviction or adjudication becomes final.

(b) Every court having jurisdiction over offenses committed under the motor vehicle drivers' license act shall forward to the division a record of the conviction of any person by such court for a violation of that act. Such record shall be made upon any a form or in a format approved by the division and shall include the name and address of the violator, the violator's driver's license number, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail or bond was forfeited and the amount of the fine or forfeiture.

(c) For the purpose of this act, the term ``conviction'' means a final conviction and without regard to whether sentence was suspended or probation granted after such conviction. Also, for the purposes of this act, a forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equiv- alent to a conviction.

(d) The clerk of any court of record to which a conviction for violation of any law described in subsection (b) has been appealed shall within 10 days of the final disposition of the appeal forward a notification of such final disposition to the division.

Sec. 2. K.S.A. 8-2115 is hereby amended to read as follows: 8-2115. (a) Every municipal judge or judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this act or of any other law regulating the operation of vehicles on highways or for the violation of an ordinance of any city defining any offense the provisions of which are identical with provisions of this act, or fixing a limitation upon the speed of vehicles pursuant to the provisions of this act.

(b) Within 10 days after the conviction or forfeiture of bail or an appearance bond of a person upon a charge of violating any provisions of this act or other law or city ordinance regulating the operation of vehicles on highways, every judge or clerk of the court in which such conviction was had or bail or bond was forfeited shall prepare and immediately forward to the division an abstract of the record of the court covering the case in which such person was so convicted or forfeited bail or bond, which abstract must be certified by the judge or clerk to be true and correct. Report need not be made of any conviction or forfeiture involving the illegal parking or standing of a vehicle. The provisions of this subsec- tion shall be deemed to be satisfied for any conviction or forfeiture except for those in respect to any violation specified in K.S.A. 8-254 or 8-285, and amendments thereto, by the submission of consolidated magnetic tape reports prepared by computer and containing the name, date of birth and driver's license number of the party charged, the case number, the nature of the offense, the arrest date, the vehicle identification number of the vehicle involved and a statement as to whether or not the vehicle involved was a commercial motor vehicle, as defined in K.S.A. 8-2,128, and amendments thereto. The format of such magnetic tape reports and the frequency of submission shall be in accordance with specifications of the division.

(c) Such abstract shall be made upon a form furnished by the division and shall include the name and address of the party charged, the vehicle identification number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail or bond forfeited, the amount of the fine or forfeiture as the case may be and a statement as to whether or not the vehicle involved was a commercial motor vehicle as defined in K.S.A. 8-2,128, and amendments thereto. The abstract shall be on a form or in a format approved by the division.

(d) (c) Every court of record also shall forward a like report to the division upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.

(e) (d) The failure, refusal or neglect of any such judicial officer to comply with any of the requirements of this section shall constitute mis- conduct in office and shall be ground for removal therefrom.

(f) (e) The division shall keep all abstracts received hereunder at its main office and the same shall be open to public inspection during rea- sonable business hours.

(g) (f) The clerk of any court of record to which a conviction for violation of any of the laws described in subsection (a) has been appealed shall forward within 10 days of the final disposition of such appeal a notification of such final disposition to the division.

Sec. 3. K.S.A. 8-2115 and K.S.A. 1995 Supp. 8-253 are hereby re- pealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 3, 1996.