Copies of bills can be viewed at http://www.accesskansas.org/legislative/index.cgi. However, only the page marked "Enrolled Bills" will have the final version of the bill as passed and signed by the Governor. Unless otherwise indicated, all bills become effective July 1, 2001.

Crimes & Punishments

Senate Bill 57. KBI budget- Methamphetamine Initiative pays for additional 6 agents, 5 chemists and 2 analysts - but as special projects positions, paid for with federal money. The bill took effect 5/3/01.

Senate Bill 128. New Election Crimes: Voter registration suppression, a level 10 nonperson felony; Intimidation of voter expanded and increased penalty to a level 7 nonperson felony; Electioneering remains a class C misdemeanor but the bill expands the definition of what constitutes the crime. The bill took effect 4/26/01.

House Bill 2083. Amends K.S.A. 22-2809 governing arrests by sureties (bail bondsmen) on criminal appearance bonds. Requires bondsmen who arrest to give a written or oral sworn statement of the reasons they should be discharged on their bond.

House Bill 2084. Combines statutes that outlaw Minor in possession of Alcohol (K.S.A. 21-3610) and Minor in possession of. Cereal Malt Beverage (K.S.A. 21-3610a).

House Bill 2178. Various forms of GHB (date rape drug) are added to the unlawful administration of a substance law. Also, drug schedules are shuffled and there is a new (and better) analog definition.

House Bill 2176. (2001 Criminal Justice Omnibus) Unlawful sexual relations expanded to SRS personnel and teaches and administrators at a school where a student attends; 3 Thefts w/in 72 hours = felony; Authority to fingerprint juvenile for simple assaults; Expands definition of 'mentally ill' to include retardation/organic.; Credit for time served if plea is 'no contest'. DNA registration of offenders expanded to 1-6 person felons, off grid felonies, burglary cruelty to animals, drug manufacturing and money laundering. Statute of limitations for sex-offenses set at one year from time of DNA hit. Post conviction DNA testing allowed for murder and rape if not originally done and relevant evidence still exists. Forgery, graduated penalties (including county jail time), mandatory fines.

Criminal Procedure

Senate Bill 205. Domestic Violence: 72 hour no-contact condition of bond for all person offenses; PFA orders must be put into NCIC; domestic battery becomes separate offense from simple battery (but penalty remains the same); Court Fees for supervising domestic violence cases.

Senate Bill 294. Health & Environment methamphetamine clean up fund –added flexibility to Health and Environment on which fund, federal, state or local, should be used to clean up a meth lab.

House Bill 2098. Makes a minor change in K.S.A. 21-4619 to allow wildlife and parks personnel access to expunged criminal information when deciding to grant or deny an application for a commercial guide permit or associate guide permit.

House Bill 2173. Amends K.S.A. 12-4516a and K.S.A. 22-2410 to make expungement records sealed during course of hearing to determine whether to expunge convictions.

House Bill 2329. Amends K.S.A. 74-2012 to allow driver's license photographs to be included in KCJIS and available, via computer (as soon as the system is upgraded), to all criminal justice agencies for criminal investigations or proceedings.

Senate Bill 209. This bill enacts the National Crime Prevention and Privacy Compact. This compact will allow the KBI to conduct III checks for non-law enforcement purposes such as merchant guard licensing or other purposes allowed by federal statute, federal executive order or a state statute approved by the United States Attorney General. NOTE: This bill does not allow local agencies to use III for these purposes. Only the KBI can use III for noncriminal justice purposes. This bill took effect on April 19, 2001.

House Bill 2127. Infectious disease testing: Broadens the application to all such diseases in DOC context; adds hepatitis B to Juvenile testing and expands courts authority to order testing of persons charged or convicted of crime involving likely transmission of body fluids.

House Bill 2189. Amends K.S.A. 75-4364 to add EMS personnel into the statute granting educational benefits to dependents of public safety officers.

House Bill 2194. Amends K.S.A. 22-2902a to add the Kansas City Kansas Community College Forensic laboratory and Kansas City, Missouri regional crime laboratories to the list of laboratories that can submit otherwise hearsay lab reports at preliminary hearings. The bill took effect 4/12/01.

House Bill 2289. Amends several school statutes regarding school safety. Allows for suspension of student driver's license for acts that are committed at school. Includes stun gun in the list of prohibited weapons. This bill MANDATES local law enforcement investigation of possession of weapon, drugs or "activity substantially likely to result in serious bodily harm" and report to DMV, within 3 days.

Traffic And Vehicles

Senate Bill 53. Amends K.S.A. 8-1,100 and repeals K.S.A. 8-1,112 governing apportioned fleet registration. The bill deems lessors as the owner of the vehicle if a commercial vehicle is the subject of a lease without a driver.

Senate Bill 55. This bill amends 8-255b, 8-247 and 8-295 regarding medical and vision requirements for driver's licenses. Requires those with uncontrolled seizures to supply a doctor's report based on an examination of the applicant’s medical condition not more than three months prior to the date the report is submitted.

Senate Bill 56. As I advised in Legal Bulletin 01-8, this bill took effect on April 26, 2001, and makes nonresidents and unlicensed drivers subject to the same sanctions as licensed resident drivers. This means that the Department of Revenue now has specific authority to create system-generated numbers to maintain driver history.

Senate Bill 67. DUI Omnibus. This bill amends several statutes concerning driving under the influence. The bill generally enhances penalties for test failures and refusals as well as convictions. Some highlights of the bill include:

A whole new procedure is provided which substantially limits the discovery abuses of the past. Prehearing discovery shall be limited to the following documents, which shall be provided to the licensee or the licensee’s attorney no later than five calendar days prior to the date of hearing:

    In addition, at or prior to the time the notice of hearing is sent, the division shall issue an order allowing the licensee or the licensee’s attorney to review any video or audiotape record made of the events upon which the administrative action is based. Such review shall take place at a reasonable time designated by the law enforcement agency and shall be made at the location where the video or audiotape is kept. The licensee may obtain a copy of any such video or audiotape upon request and upon payment of a reasonable fee to the law enforcement agency, not to exceed $25 per tape.

    Only the officer, driver and one eyewitness may testify. The burden of proof is clearly placed on the licensee to show by preponderance that facts in officer's certification are false. The examination of a law enforcement officer shall be restricted to the factual circumstances relied upon in the officer’s certification.

    Hearings may now be conducted by video or telephone (at the licensee's request). Otherwise, hearings will be held in county where the arrest occurred or the county adjacent thereto.

Test Refusal:

• First occurrence – one year suspension
• Second occurrence – two year suspension
• Third occurrence – three year suspension
• Fourth occurrence – 10 year suspension
• Fifth or subsequent occurrence – permanent revocation of driving privileges.

Test failure:

• First occurrence – 30 day suspension followed by 330 day restriction
• Second, third or fourth occurrence – one year suspension and one year restriction to driving with an ignition interlock device (except when driving an employer's vehicle)
• Fifth or subsequent occurrence – permanent revocation of driving privileges.
• Under 21 years of age and breath test between .02 or greater, but less than .08, - first occurrence – 30 day suspension followed by 330 day restriction
• Under 21 years of age and breath test between .02 or greater, but less than .08, - second or subsequent occurrence – one year suspension and one year restriction to driving with an ignition interlock device (except when driving an employer's vehicle)

Reinstatement fees:

Test failure:

• $100 after the first occurrence
• $200 after the second occurrence
• $300 after the third occurrence, and
• $400 after the fourth occurrence.

Test Refusal:

• $400 after the first occurrence
• $600 after the second occurrence
• $800 after the third occurrence, and
• $1,000 after the fourth occurrence.

Conviction Penalties:

• First offense – fine of least $500 and not more than $1000; jail not less than 48 consecutive hours or community service.
• Second offense – fine of at least $1000 and not more than $1500; jail not less than five consecutive days or 48 consecutive hours followed by work release or house arrest.
• Third offense – fine of at least $1500 and not more than $2500; jail not less than 90 days or 48 consecutive hours followed by work release or house arrest.
• Fourth or subsequent offense – Fine of $2500; jail not less than 90 days or 72 consecutive hours followed by work release or house arrest; mandatory placement with the secretary of corrections and participation in an inpatient or outpatient program for alcohol and drug abuse as determined by the secretary. Mandatory one year postrelease supervision, which shall not be reduced.
• On any offense, an additional one-month of imprisonment is mandatory if the person had a child under the age of 14 years in the vehicle at the time of the offense. This additional month shall be served consecutively to any other penalty imposed but the judge may order the person on house arrest, work release or other conditional release.
• Convictions no longer decay after five years. All convictions and diversions during a person's lifetime shall be taken into account to determine whether the offense is a first, second, third, fourth or subsequent offense.

Miscellaneous:

• Manufacturers of ignition interlock devices must provide a credit of at least 2% of the gross program revenues in the state as a credit for those persons who have otherwise qualified to obtain an ignition interlock restricted license under this act who are indigent as evidenced by qualification and eligibility for the federal food stamp program.
• Increases evaluation fee from $125 to $150.
• Drivers licensing testing fee after a DUI conviction increases from $5 to $25.
• 30 day suspension of DL for minor in possession or drinking alcohol or Cereal malt beverage.

Senate Bill 73. This bill amends K.S.A. 8-128 & 8-143 concerning vehicle registration requirements. The bill exempts from registration farm trailers used in carrying not more than 6,000 pounds owned by a person engaged in farming, which trailer is used exclusively by the owner to transport agricultural products produced by such owner or commodities purchased by the owner for use on the farm owned or rented by the owner of such trailer. Also exempts farm trailers (except farm semitrailers) used and designed for transporting hay or forage from a field to a storage area or from a storage area to a feedlot, which is only incidentally moved or operated upon the highways.

Senate Bill 83. This bill amends K.S.A. 8-129 and 8-173 governing vehicle registrations. Basically the bills allows county employees to verify proof of insurance submitted at registration electronically or on line. This bill took effect 4/26/01.

House Bill 2137. Amends K.S.A. 8-2106 to allow habitual violator charges to be filed via citation, rather than formal complaint.

House Bill 2144. Amends K.S.A. 8-128 to exempt from vehicle registration requirements self-propelled cranes where the crane operator on a job site operates the controls of such crane from a permanent housing or module on the crane and the crane is not constructed for the transportation of property, except the property that is required for the crane itself. Also exempts trucks permanently mounted with a hydraulic concrete pump and placing boom and allows their movement on the highway from one job location to another, or to or from places of storage delivery or repair. All other requirements of the traffic laws will apply to concrete boom trucks. The provision states the subsection does not apply to ready-mix concrete trucks.

House Bill 2184. Amends K.S.A. 8-126, 8-1486 & 8-1902 to add a definition of "travel trailer," (a "vehicle without motivepower designed to be towed by a motor vehicle constructed primarily for recreational purposes."), and to set the allowable width of such vehicles at 102 inches. Six additional inches are allowed for "appurtunances" such as awnings and their support hardware and other permanent, factory-installed appendages.

House Bill 2596. Amends K.S.A. 8-2118(c) regarding traffic fines. Extends moving violation grace gap from 5 to 10 mph over the limit. Infraction fines are basically tripled and redistributes the new money to various funds. NOTE: The Topeka Municipal Court has not adopted the state uniform fine schedule. The tripled fines only apply to traffic charges filed under state law.