HOUSE BILL No. 2216
AN ACT concerning motor vehicles; relating to driving with a license that is canceled,
suspended or revoked; removing the mandatory imprisonment term for a first offense
in certain circumstances; amending K.S.A. 8-262 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-262 is hereby amended to read as follows: 8-
262. (a) (1) Except as provided in subsections (a)(3), (a)(4) and (c), any
person who drives a motor vehicle on any highway of this state at a
time when such person's privilege so to do is canceled, suspended or
revoked or while such person's privilege to obtain a driver's license is
suspended or revoked pursuant to K.S.A. 8-252a, and amendments
thereto, shall be guilty of a class B nonperson misdemeanor on the first
conviction and a class A nonperson misdemeanor on the second or
subsequent conviction. In addition to any other criminal penalties
provided by law, any person convicted of a violation of this section
shall be subject to a fine of not less than $100.
(2) No person shall be convicted under this section if such person
was entitled at the time of arrest under K.S.A. 8-257, and amendments
thereto, to the return of such person's driver's license.
(3) Except as otherwise provided by in subsection (a)(4) or (c),
every person convicted under of a violation of this section, committed
while the person's privilege to drive or privilege to obtain a driver's
license was suspended or revoked for any violation other than a
violation of K.S.A. 8-2110, and amendments thereto, or any ordinance
of any city, resolution of any county or a law of another state that
prohibits the acts prohibited by those statutes other than K.S.A. 8-2110,
and amendments thereto, shall be sentenced to at least five days'
imprisonment and fined at least $100 days of confinement and, upon a
second conviction, shall not be eligible for parole until completion of
five days' imprisonment days of confinement.
(4) Except as otherwise provided by in subsection (c), if a person:
(A) Is convicted of a violation of this section, committed while the
person's privilege to drive or privilege to obtain a driver's license was
suspended or revoked for a violation of K.S.A. 8-2,144 or 8-1567, and
amendments thereto, or any ordinance of any city or, resolution of any
county or a law of another state, which ordinance or resolution or law
that prohibits the acts prohibited by those statutes; and (B) is or has
been also convicted of a violation of K.S.A. 8-2,144 or 8-1567, and
amendments thereto, or any ordinance of any city or, resolution of any
county or law of another state, which ordinance or resolution or law
that prohibits the acts prohibited by those statutes, committed while the
person's privilege to drive or privilege to obtain a driver's license was
so suspended or revoked, the person shall not be eligible for suspension
of sentence, probation or parole until the person has served at least 90
days' imprisonment days of confinement, and any fine imposed on such
person shall be in addition to such a term of imprisonment confinement.
(b) (1) Except as provided by in subsection (b)(2), the division,
upon receiving a record of the conviction of any person under this
section, or any ordinance of any city or resolution of any county or a
law of another state which is in substantial conformity with this section,
upon a charge of driving a vehicle while the license of such person is
revoked or suspended, shall extend the period of such suspension or
revocation for an additional period of 90 days.
(2) For any person found guilty of driving a vehicle while the
license of such person is suspended for violating K.S.A. 8-2110, and
amendments thereto, such offense shall not extend the additional period
of suspension pursuant to subsection (b)(1).
(c) (1) The person found guilty of a class A nonperson
misdemeanor on a third or subsequent conviction of this section shall
be sentenced to not less than 90 days' imprisonment days of
confinement and fined not less than $1,500 if such person's privilege to
drive a motor vehicle is canceled, suspended or revoked because such
person:
(A) Refused to submit and complete any test of blood, breath or HOUSE BILL No. 2216—page 2
urine requested by law enforcement excluding the preliminary
screening test as set forth in K.S.A. 8-1012, and amendments thereto;
(B) was convicted of violating the provisions of K.S.A. 40-3104,
and amendments thereto, relating to motor vehicle liability insurance
coverage;
(C) was convicted of vehicular homicide, K.S.A. 21-3405, prior to
its repeal, or K.S.A. 2022 Supp. 21-5406, and amendments thereto,
involuntary manslaughter while driving under the influence of alcohol
or drugs, K.S.A. 21-3442, prior to its repeal, or involuntary
manslaughter as defined in K.S.A. 2022 Supp. 21-5405(a)(3) and (a)
(5), and amendments thereto, or any other murder or manslaughter
crime resulting from the operation of a motor vehicle; or
(D) was convicted of being a habitual violator, K.S.A. 8-287, and
amendments thereto.
(2) The person convicted shall not be eligible for release on
probation, suspension or reduction of sentence or parole until the
person has served at least 90 days' imprisonment days of confinement.
The 90 days' imprisonment days of confinement mandated by this
subsection may be served in a work release program only after such
person has served 48 consecutive hours' imprisonment, provided hours
of confinement and only if such work release program requires such
person to return to confinement at the end of each day in the work
release program. The court may place the person convicted under a
house arrest program pursuant to K.S.A. 2022 Supp. 21-6609, and
amendments thereto, or any municipal ordinance to serve the remainder
of the minimum sentence only after such person has served 48
consecutive hours' imprisonment hours of confinement.
(d) For the purposes of determining whether a conviction is a first,
second, third or subsequent conviction in sentencing under this section,
"conviction" includes a conviction of a violation of any ordinance of
any city or, resolution of any county or a law of another state that is in
substantial conformity with this section. HOUSE BILL No. 2216—page 3
Sec. 2. K.S.A. 8-262 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.