Kansas 2023-2024 Regular Session

Kansas House Bill HB2216

Introduced
1/30/23  
Refer
1/30/23  
Report Pass
2/21/23  
Engrossed
3/1/23  
Refer
3/2/23  
Report Pass
3/27/23  
Enrolled
4/24/23  

Caption

Removing the mandatory term of imprisonment as a penalty for driving with license that is canceled, suspended or revoked for failure to pay fines.

Impact

The bill modifies existing state law to reduce the criminal penalties associated with driving offenses related to license suspensions. By repealing the requirement for mandatory imprisonment for first offenders, the law looks to lessen the burden on individuals already facing financial difficulties. This change is intended to allow individuals to maintain mobility, which is particularly crucial in areas lacking robust public transportation options. Additionally, the bill amends the way subsequent offenses are penalized, aiming to focus more on rehabilitation rather than punitive incarceration.

Summary

House Bill 2216 proposes significant changes to the treatment of individuals who drive with a canceled, suspended, or revoked license. Specifically, the bill seeks to remove the mandatory term of imprisonment for first-time offenders under certain conditions, thereby alleviating some of the penalties imposed on those who may drive without a proper license due to largely economic reasons. This adjustment aims to balance the enforcement of driving laws with the realities faced by many individuals who may be unable to pay fines leading to license suspension.

Sentiment

The general sentiment towards HB 2216 appears to be supportive, especially among those advocating for criminal justice reform and economic justice. Proponents believe that reducing the severity of penalties can help individuals avoid cycles of debt and incarceration that disproportionately affect low-income populations. However, there are concerns among certain lawmakers and law enforcement regarding potential increases in unsafe driving conditions if penalties are perceived as too lenient. The debate also touches on broader questions of public safety versus the need for empathy towards the socio-economic conditions leading to such offenses.

Contention

Notable points of contention surrounding the bill relate primarily to the balance between public safety and the financial burdens placed on individuals. Critics argue that removing mandatory imprisonment could lead to an increase in reckless driving by emboldening individuals to disregard laws, particularly those related to repeat offenses. In contrast, supporters contend that the new measures will facilitate more positive outcomes for offenders and reduce punitive measures that can trap individuals in a cycle of poverty and criminality. The outcome of this bill reflects ongoing debates about the role of the government in regulating personal behavior and promoting equitable access to mobility.

Companion Bills

No companion bills found.

Previously Filed As

KS SB92

Eliminate jail penalties for driving while suspended/revoked

KS SB2

Authorizing certain individuals with revoked driver’s licenses to be eligible for restricted driving privileges.

KS SB288

Authorizing certain individuals with revoked driver's licenses to be eligible for restricted driving privileges.

KS A3293

Clarifies procedures for restoration of driver's license after suspension or revocation; concerns waiver of penalties for operating vehicle while license is suspended or revoked under certain circumstances.

KS A2394

Clarifies procedures for restoration of driver's license after suspension or revocation; concerns waiver of penalties for operating vehicle while license is suspended or revoked under certain circumstances.

KS SB40

Interlock For Driving On Revoked License

KS S2026

Requires that the license plates of a vehicle be confiscated by a police officer if the owner was arrested for driving while their license was suspended, revoked or cancelled for refusing to submit to a chemical test or for operating under the influence.

KS S0214

Requires that the license plates of a vehicle be confiscated by a police officer if the owner was arrested for driving while their license was suspended, revoked or cancelled for refusing to submit to a chemical test or for operating under the influence.

KS SB192

Providing for payment plans and waiver of fines for traffic fines and court costs, expanding the eligibility for restricted driving privileges, removing and delaying payment for certain fees and eliminating reinstatement of certain fees.

KS HB851

Increases penalties for driving with a cancelled auto liability policy

Similar Bills

CA AB1155

Mail theft.

CA AB2375

Theft: vehicle burglary: online database.

CA AB2282

Hate crimes: nooses, crosses, and swastikas.

CA AB1297

Identity theft.

CA SB358

Property crimes: mail theft.

US HB393

No Repeat Child Sex Offenders Act

US HB7957

No Repeat Child Sex Offenders Act

CA SB1242

Crimes: fires.