KS
Kansas House Bill HB2216

Kansas 2023-2024 Regular Session

Kansas House Bill HB2216 Compare Versions

OldNewDifferences
1+Session of 2023
12 HOUSE BILL No. 2216
2-AN ACT concerning motor vehicles; relating to driving with a license that is canceled,
3-suspended or revoked; removing the mandatory imprisonment term for a first offense
4-in certain circumstances; amending K.S.A. 8-262 and repealing the existing section.
3+By Committee on Judiciary
4+1-30
5+AN ACT concerning motor vehicles; relating to driving with a license that
6+is canceled, suspended or revoked; removing the mandatory
7+imprisonment term for a first offense in certain circumstances;
8+amending K.S.A. 8-262 and repealing the existing section.
59 Be it enacted by the Legislature of the State of Kansas:
6-Section 1. K.S.A. 8-262 is hereby amended to read as follows: 8-
7-262. (a) (1) Except as provided in subsections (a)(3), (a)(4) and (c), any
8-person who drives a motor vehicle on any highway of this state at a
9-time when such person's privilege so to do is canceled, suspended or
10-revoked or while such person's privilege to obtain a driver's license is
11-suspended or revoked pursuant to K.S.A. 8-252a, and amendments
12-thereto, shall be guilty of a class B nonperson misdemeanor on the first
13-conviction and a class A nonperson misdemeanor on the second or
14-subsequent conviction. In addition to any other criminal penalties
15-provided by law, any person convicted of a violation of this section
16-shall be subject to a fine of not less than $100.
17-(2) No person shall be convicted under this section if such person
18-was entitled at the time of arrest under K.S.A. 8-257, and amendments
19-thereto, to the return of such person's driver's license.
20-(3) Except as otherwise provided by in subsection (a)(4) or (c),
21-every person convicted under of a violation of this section, committed
22-while the person's privilege to drive or privilege to obtain a driver's
23-license was suspended or revoked for any violation other than a
24-violation of K.S.A. 8-2110, and amendments thereto, or any ordinance
25-of any city, resolution of any county or a law of another state that
26-prohibits the acts prohibited by those statutes other than K.S.A. 8-2110,
27-and amendments thereto, shall be sentenced to at least five days'
28-imprisonment and fined at least $100 days of confinement and, upon a
29-second conviction, shall not be eligible for parole until completion of
30-five days' imprisonment days of confinement.
31-(4) Except as otherwise provided by in subsection (c), if a person:
32-(A) Is convicted of a violation of this section, committed while the
10+Section 1. K.S.A. 8-262 is hereby amended to read as follows: 8-262.
11+(a) (1) Except as provided in subsections (a)(3), (a)(4) and (c), any person
12+who drives a motor vehicle on any highway of this state at a time when
13+such person's privilege so to do is canceled, suspended or revoked or while
14+such person's privilege to obtain a driver's license is suspended or revoked
15+pursuant to K.S.A. 8-252a, and amendments thereto, shall be guilty of a
16+class B nonperson misdemeanor on the first conviction and a class A
17+nonperson misdemeanor on the second or subsequent conviction. In
18+addition to any other criminal penalties provided by law, any person
19+convicted of a violation of this section shall be subject to a fine of not less
20+than $100.
21+(2) No person shall be convicted under this section if such person was
22+entitled at the time of arrest under K.S.A. 8-257, and amendments thereto,
23+to the return of such person's driver's license.
24+(3) Except as otherwise provided by in subsection (a)(4) or (c), every
25+person convicted under of a violation of this section, committed while the
3326 person's privilege to drive or privilege to obtain a driver's license was
34-suspended or revoked for a violation of K.S.A. 8-2,144 or 8-1567, and
35-amendments thereto, or any ordinance of any city or, resolution of any
36-county or a law of another state, which ordinance or resolution or law
37-that prohibits the acts prohibited by those statutes; and (B) is or has
38-been also convicted of a violation of K.S.A. 8-2,144 or 8-1567, and
39-amendments thereto, or any ordinance of any city or, resolution of any
40-county or law of another state, which ordinance or resolution or law
41-that prohibits the acts prohibited by those statutes, committed while the
42-person's privilege to drive or privilege to obtain a driver's license was
43-so suspended or revoked, the person shall not be eligible for suspension
44-of sentence, probation or parole until the person has served at least 90
45-days' imprisonment days of confinement, and any fine imposed on such
46-person shall be in addition to such a term of imprisonment confinement.
47-(b) (1) Except as provided by in subsection (b)(2), the division,
48-upon receiving a record of the conviction of any person under this
49-section, or any ordinance of any city or resolution of any county or a
50-law of another state which is in substantial conformity with this section,
51-upon a charge of driving a vehicle while the license of such person is
52-revoked or suspended, shall extend the period of such suspension or
53-revocation for an additional period of 90 days.
54-(2) For any person found guilty of driving a vehicle while the
55-license of such person is suspended for violating K.S.A. 8-2110, and
56-amendments thereto, such offense shall not extend the additional period
57-of suspension pursuant to subsection (b)(1).
58-(c) (1) The person found guilty of a class A nonperson
59-misdemeanor on a third or subsequent conviction of this section shall
60-be sentenced to not less than 90 days' imprisonment days of
61-confinement and fined not less than $1,500 if such person's privilege to
62-drive a motor vehicle is canceled, suspended or revoked because such
63-person:
64-(A) Refused to submit and complete any test of blood, breath or HOUSE BILL No. 2216—page 2
65-urine requested by law enforcement excluding the preliminary
66-screening test as set forth in K.S.A. 8-1012, and amendments thereto;
67-(B) was convicted of violating the provisions of K.S.A. 40-3104,
68-and amendments thereto, relating to motor vehicle liability insurance
69-coverage;
70-(C) was convicted of vehicular homicide, K.S.A. 21-3405, prior to
71-its repeal, or K.S.A. 2022 Supp. 21-5406, and amendments thereto,
72-involuntary manslaughter while driving under the influence of alcohol
73-or drugs, K.S.A. 21-3442, prior to its repeal, or involuntary
74-manslaughter as defined in K.S.A. 2022 Supp. 21-5405(a)(3) and (a)
75-(5), and amendments thereto, or any other murder or manslaughter
76-crime resulting from the operation of a motor vehicle; or
27+suspended or revoked for any violation other than a violation of K.S.A. 8-
28+2110, and amendments thereto, or any ordinance of any city, resolution of
29+any county or a law of another state that prohibits the acts prohibited by
30+those statutes other than K.S.A. 8-2110, and amendments thereto, shall be
31+sentenced to at least five days' imprisonment and fined at least $100 days
32+of confinement and, upon a second conviction, shall not be eligible for
33+parole until completion of five days' imprisonment days of confinement.
34+(4) Except as otherwise provided by in subsection (c), if a person: (A)
35+Is convicted of a violation of this section, committed while the person's
36+privilege to drive or privilege to obtain a driver's license was suspended or
37+revoked for a violation of K.S.A. 8-2,144 or 8-1567, and amendments
38+thereto, or any ordinance of any city or, resolution of any county or a law
39+of another state, which ordinance or resolution or law that prohibits the
40+1
41+2
42+3
43+4
44+5
45+6
46+7
47+8
48+9
49+10
50+11
51+12
52+13
53+14
54+15
55+16
56+17
57+18
58+19
59+20
60+21
61+22
62+23
63+24
64+25
65+26
66+27
67+28
68+29
69+30
70+31
71+32
72+33
73+34
74+35
75+36 HB 2216 2
76+acts prohibited by those statutes; and (B) is or has been also convicted of a
77+violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or any
78+ordinance of any city or, resolution of any county or law of another state,
79+which ordinance or resolution or law that prohibits the acts prohibited by
80+those statutes, committed while the person's privilege to drive or privilege
81+to obtain a driver's license was so suspended or revoked, the person shall
82+not be eligible for suspension of sentence, probation or parole until the
83+person has served at least 90 days' imprisonment days of confinement, and
84+any fine imposed on such person shall be in addition to such a term of
85+imprisonment confinement.
86+(b) (1) Except as provided by in subsection (b)(2), the division, upon
87+receiving a record of the conviction of any person under this section, or
88+any ordinance of any city or resolution of any county or a law of another
89+state which is in substantial conformity with this section, upon a charge of
90+driving a vehicle while the license of such person is revoked or suspended,
91+shall extend the period of such suspension or revocation for an additional
92+period of 90 days.
93+(2) For any person found guilty of driving a vehicle while the license
94+of such person is suspended for violating K.S.A. 8-2110, and amendments
95+thereto, such offense shall not extend the additional period of suspension
96+pursuant to subsection (b)(1).
97+(c) (1) The person found guilty of a class A nonperson misdemeanor
98+on a third or subsequent conviction of this section shall be sentenced to not
99+less than 90 days' imprisonment days of confinement and fined not less
100+than $1,500 if such person's privilege to drive a motor vehicle is canceled,
101+suspended or revoked because such person:
102+(A) Refused to submit and complete any test of blood, breath or urine
103+requested by law enforcement excluding the preliminary screening test as
104+set forth in K.S.A. 8-1012, and amendments thereto;
105+(B) was convicted of violating the provisions of K.S.A. 40-3104, and
106+amendments thereto, relating to motor vehicle liability insurance coverage;
107+(C) was convicted of vehicular homicide, K.S.A. 21-3405, prior to its
108+repeal, or K.S.A. 2022 Supp. 21-5406, and amendments thereto,
109+involuntary manslaughter while driving under the influence of alcohol or
110+drugs, K.S.A. 21-3442, prior to its repeal, or involuntary manslaughter as
111+defined in K.S.A. 2022 Supp. 21-5405(a)(3) and (a)(5), and amendments
112+thereto, or any other murder or manslaughter crime resulting from the
113+operation of a motor vehicle; or
77114 (D) was convicted of being a habitual violator, K.S.A. 8-287, and
78115 amendments thereto.
79116 (2) The person convicted shall not be eligible for release on
80-probation, suspension or reduction of sentence or parole until the
81-person has served at least 90 days' imprisonment days of confinement.
82-The 90 days' imprisonment days of confinement mandated by this
83-subsection may be served in a work release program only after such
84-person has served 48 consecutive hours' imprisonment, provided hours
85-of confinement and only if such work release program requires such
86-person to return to confinement at the end of each day in the work
87-release program. The court may place the person convicted under a
88-house arrest program pursuant to K.S.A. 2022 Supp. 21-6609, and
89-amendments thereto, or any municipal ordinance to serve the remainder
90-of the minimum sentence only after such person has served 48
91-consecutive hours' imprisonment hours of confinement.
117+probation, suspension or reduction of sentence or parole until the person
118+has served at least 90 days' imprisonment days of confinement. The 90
119+1
120+2
121+3
122+4
123+5
124+6
125+7
126+8
127+9
128+10
129+11
130+12
131+13
132+14
133+15
134+16
135+17
136+18
137+19
138+20
139+21
140+22
141+23
142+24
143+25
144+26
145+27
146+28
147+29
148+30
149+31
150+32
151+33
152+34
153+35
154+36
155+37
156+38
157+39
158+40
159+41
160+42
161+43 HB 2216 3
162+days' imprisonment days of confinement mandated by this subsection may
163+be served in a work release program only after such person has served 48
164+consecutive hours' imprisonment, provided hours of confinement and only
165+if such work release program requires such person to return to confinement
166+at the end of each day in the work release program. The court may place
167+the person convicted under a house arrest program pursuant to K.S.A.
168+2022 Supp. 21-6609, and amendments thereto, or any municipal ordinance
169+to serve the remainder of the minimum sentence only after such person has
170+served 48 consecutive hours' imprisonment hours of confinement.
92171 (d) For the purposes of determining whether a conviction is a first,
93172 second, third or subsequent conviction in sentencing under this section,
94-"conviction" includes a conviction of a violation of any ordinance of
95-any city or, resolution of any county or a law of another state that is in
96-substantial conformity with this section. HOUSE BILL No. 2216—page 3
173+"conviction" includes a conviction of a violation of any ordinance of any
174+city or, resolution of any county or a law of another state that is in
175+substantial conformity with this section.
97176 Sec. 2. K.S.A. 8-262 is hereby repealed.
98177 Sec. 3. This act shall take effect and be in force from and after its
99178 publication in the statute book.
100-I hereby certify that the above BILL originated in the
101-HOUSE, and was adopted by that body
102-
103-HOUSE adopted
104-Conference Committee Report
105-
106-Speaker of the House.
107-
108-Chief Clerk of the House.
109-Passed the SENATE
110- as amended
111-SENATE adopted
112-Conference Committee Report
113-
114-President of the Senate.
115-
116-Secretary of the Senate.
117-APPROVED
118-
119-
120-Governor.
179+1
180+2
181+3
182+4
183+5
184+6
185+7
186+8
187+9
188+10
189+11
190+12
191+13
192+14
193+15
194+16
195+17