Ch. 141 1997 Session Laws of Kansas 815
Be it enacted by the Legislature of the State of
Kansas:
Section 1. K.S.A. 1996 Supp. 8-260 is hereby amended to read
as
follows: 8-260. (a) It shall be unlawful for any person, for any
purpose,
to:
(1) Display or cause or permit to be displayed or have in
possession
any canceled, revoked, suspended, fictitious or
fraudulently altered
driver's license.
(2) Lend any driver's license to any other person or knowingly
permit
the use thereof by another.
(3) Display or represent as the person's own, any driver's
license not
issued to the person.
(4) Fail or refuse to surrender to the division upon its lawful
demand
any driver's license which has been suspended, revoked, or
canceled.
(5) Use a false or fictitious name in any application for a
driver's
license, or any renewal or replacement thereof, or knowingly
conceal a
material fact, or otherwise commit a fraud in any such
application.
(6) Permit any unlawful use of a driver's license issued to the
person.
(7) Photograph, photostat, duplicate or in any way reproduce
any
driver's license or facsimile thereof in such a manner that it
could be
mistaken for a valid driver's license or display or have in
possession any
such photograph, photostat, duplicate, reproduction or facsimile
unless
authorized by law.
(8) Display or possess any photograph, photostat, duplicate or
facsim-
ile of a driver's license unless authorized by law.
(9) Display or cause or permit to be displayed any canceled,
revoked
or suspended driver's license.
(b) Violation of paragraphs (1) or (9) of subsection (a) is a
class B
nonperson misdemeanor. Violation of paragraphs (2), (3), (4),
(6), (7) or
(8) of subsection (a) is a class A nonperson misdemeanor.
Violation of
paragraphs (1) or paragraph (5) of
subsection (a) is a severity level 9,
nonperson felony.
(c) It shall be unlawful for any person to:
(1) Lend any driver's license to or knowingly permit the use of
any
driver's license by any person under 21 years of age for use in the
purchase
of any alcoholic liquor.
(2) Lend any driver's license to or knowingly permit the use of
any
driver's license by a person under the legal age for consumption of
cereal
malt beverage for use in the purchase of any cereal malt
beverage.
(3) Lend any driver's license, nondriver's identification card
or other
816 1997 Session Laws of Kansas Ch. 141
form of identification to aid another person in wrongfully
obtaining a
driver's license or replacement driver's license.
(4) Display or cause to be displayed or have in possession any
ficti-
tious or fraudulently altered driver's license by any person under
21 years
of age for use in the purchase of any alcoholic liquor or cereal
malt
beverage.
(d) Violation of any provision of subsection (c) is a
class A
misdemeanor.
(d) (1) Upon a first conviction of a violation of any
provision of sub-
section (c) a person shall be guilty of a class B nonperson
misdemeanor
and shall be sentenced to not less than 100 hours of public service
and
fined not less than $200 nor more than $500.
(2) On a second or subsequent conviction of a violation of
any pro-
vision of subsection (c), a person shall be guilty of a class A
nonperson
misdemeanor.
(e) The provisions of this section shall apply to any driver's
license,
nondriver's identification card or other form of identification
whether
issued under the laws of this state or issued under the laws of
another
state or jurisdiction.
Sec. 2. K.S.A. 1996 Supp. 8-1327 is hereby amended to read as
fol-
lows: 8-1327. (a) It shall be unlawful for any person, for any
purpose, to:
(1) Display, cause or permit to be displayed, or have in
possession,
any canceled, fictitious, fraudulently altered or
fraudulently obtained
identification card.
(2) Lend any identification card to any other person or
knowingly
permit the use thereof by another.
(3) Display or represent any identification card not issued to
the per-
son as being the person's card.
(4) Permit any unlawful use of an identification card issued to
the
person.
(5) Do any act forbidden or fail to perform any act
required by this Use a false or fictitious name in any application
for an identification
act
card, or any renewal or replacement thereof, or knowingly conceal a
ma-
terial fact or otherwise commit a fraud in any such
application.
(6) Display or possess any photograph, photostat, duplicate,
repro-
duction or facsimile of an identification card unless authorized by
the
provisions of this act.
(7) Photograph, photostat, duplicate or in any way reproduce
any
identification card or facsimile thereof in such a manner that it
could be
mistaken for a valid identification card or display or have in
possession
any such photograph, photostat, duplicate, reproduction or
facsimile un-
less authorized by law.
(8) Fail or refuse to surrender to the division upon its
lawful demand
any identification card which has been canceled.
Ch. 141 1997 Session Laws of Kansas 817
(9) Display or cause or permit to be displayed any canceled
identifi-
cation card.
(b) Violation of paragraphs (1) or (9) of subsection (a) is a
class B
nonperson misdemeanor. Violation of any
provision paragraphs (2), (3),
(4), (6), (7) or (8) of subsection (a) is a class
B A nonperson misdemeanor.
Violation of paragraph (5) of subsection (a) is a severity level
9, nonperson
felony.
(c) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use
of
any identification card by any person under 21 years of age for use
in the
purchase of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use
of
any identification card by any person under the legal age for
consumption
of cereal malt beverage for use in the purchase of any cereal
malt
beverage.
(3) Lend any identification card, driver's license or other form
of
identification to aid another person in obtaining an identification
card or
replacement identification card.
(4) Display or cause to be displayed or have in possession
any ficti-
tious or fraudulently altered identification card by any person
under 21
years of age for use in the purchase of any alcoholic liquor or
cereal malt
beverage.
(d) Violation of any provision of subsection (c) is a
class A misde-
meanor.
(d) (1) Upon a first conviction of a violation of any
provision of sub-
section (c) a person shall be guilty of a class B nonperson
misdemeanor
and shall be sentenced to not less than 100 hours of public service
and
fined not less than $200 nor more than $500.
(2) On a second or subsequent conviction of a violation of
any pro-
vision of subsection (c), a person shall be guilty of a class A
nonperson
misdemeanor.
(e) The provisions of this section shall apply to any
identification card,
driver's license or other form of identification whether issued
under the
laws of this state or issued under the laws of another state or
jurisdiction.
Sec. 3. K.S.A. 1996 Supp. 8-260 and 8-1327 are hereby
repealed.
Sec. 4. This act shall take effect and be in force from and
after its
publication in the Kansas register.
Approved April 24, 1997.
Published in the Kansas Register: May 1, 1997.