Brief(1)
S.B. 4 amends the criminal record expungement laws to clarify that these laws do not require any person to disclose arrest records.
The Senate Committee deleted an amendment which would have clarified the law that diversion agreements that have been expunged shall be considered as prior convictions in determining the sentence for subsequent driving under the influence (DUI) convictions.
The House Committee amended the bill regarding drivers license restrictions for alcohol and drug-related offenses to add provisions whereby, if a person's alcohol concentration is less than .15 on a first occurrence, driving privileges will be suspended for 30 days and then restricted to driving to and from work or school and certain other allowances for 330 days.
If the blood concentration is .15 or more on a first occurrence, the license is suspended for 30 days and restricted for 330 days to driving only with an ignition interlock device.
On a second or subsequent occurrence, the person's driving privileges are suspended for one year, restricted for one year to driving to and from school or work and certain other allowances, and restricted for one year to driving only a motor vehicle equipped with an ignition interlock device.
A person whose license is restricted to driving only with an interlock device will be able to operate an employer's vehicle without an interlock device during normal business activities as long as the employee does not partly or entirely own or control the business.
Upon proper notification that a person has failed to comply with the required ignition interlock requirements, the Division of Motor Vehicles will suspend driving privileges until it receives notice of compliance.
There is imposed a $25 charge for a new driver's license indicating a restriction. A restricted license will only be issued upon a showing of proof of the installation of an approved ignition interlock device.
The Secretary of Revenue must adopt rules and regulations that ensure that there is a reasonable statewide network whereby such interlock devices can be obtained, repaired, replaced, or serviced on a 24-hour basis and require calibration every 60 days.
A vehicle with the interlock device must be maintained at the person's expense.
Background
S.B. 4 was recommended by the interim Special Committee on Judiciary as a clarification of the current diversion laws. A subcommittee of the Senate Judiciary Committee concluded that K.S.A. 8-1567, the DUI law, already is clear that expunged diversion agreements count as prior DUI convictions and the full Committee agreed. The Senate Committee, however, concluded that the current wording of the diversion statutes might be construed to establish an affirmative duty to disclose arrest records.
The House Committee amendments are similar to H.B. 2183.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html