KS
Kansas Senate Bill SB62

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB62 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 62
33 By Committee on Judiciary
44 1-22
55 AN ACT concerning crimes, punishment and criminal procedure; relating
66 to crimes involving motor vehicles; creating the crime of engaging in a
77 street stunt and providing criminal penalties therefor; adding engaging
88 in a street stunt to the list of crimes included in fleeing or attempting to
99 elude a police officer; amending K.S.A. 8-1568 and repealing the
1010 existing section.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 New Section 1. (a) Engaging in a street stunt is operating a motor
1313 vehicle in a group of two or more vehicles while engaging in a course of
1414 conduct affecting other vehicular traffic in an intersection or roadway
1515 disrupting the normal flow of traffic and:
1616 (1) Causing other drivers or persons on or near the roadway to remain
1717 stopped when such drivers or persons are otherwise legally entitled to
1818 proceed or to take evasive action to avoid being struck by a motor vehicle
1919 when a reasonable person would fear for the safety of themselves or
2020 others;
2121 (2) resulting in damage to another person's vehicle or property; or
2222 (3) resulting in injury to another person.
2323 (b) Engaging in a street stunt as described in:
2424 (1) Subsection (a)(1) is a:
2525 (A) Class A person misdemeanor, except as provided in subsection
2626 (b)(1)(B); and
2727 (B) severity level 10, person felony upon a second or subsequent
2828 conviction; and
2929 (2) subsection (a)(2) or (a)(3) is a:
3030 (A) Severity level 9, person felony, except as provided in subsection
3131 (b)(2)(B); and
3232 (B) severity level 5, person felony upon a second or subsequent
3333 conviction.
3434 (c) As used in this section:
3535 (1) "Course of conduct" means three or more of the following acts or
3636 violations over a period of time, however short, that evidences a continuity
3737 of purpose:
3838 (A) Failure to comply with a traffic control device as described in
3939 K.S.A. 8-1507 through 8-1511, and amendments thereto;
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7676 (B) improper lane use as described in K.S.A. 8-1514 through 8-1522,
7777 and amendments thereto;
7878 (C) improper overtaking or passing as described in K.S.A. 8-1515
7979 through 8-1518, and amendments thereto;
8080 (D) driving left of center as described in K.S.A. 8-1519, and
8181 amendments thereto;
8282 (E) failure to yield the right-of-way as described in K.S.A. 8-1526
8383 through 8-1533 or 8-1540, and amendments thereto;
8484 (F) stop or yield sign violation as described in K.S.A. 8-1528, and
8585 amendments thereto;
8686 (G) making an illegal turn as described in K.S.A. 8-1545 through 8-
8787 1550, and amendments thereto;
8888 (H) failure to stop when exiting a driveway, alley or building as
8989 described in K.S.A. 8-1555, and amendments thereto;
9090 (I) speeding or exhibition of speed as described in K.S.A. 8-1557
9191 through 8-1560b, and amendments thereto;
9292 (J) impeding the flow of traffic as described in K.S.A. 8-1561, and
9393 amendments thereto;
9494 (K) reckless driving as described in K.S.A. 8-1566, and amendments
9595 thereto;
9696 (L) stopping, standing or parking a vehicle in the driving lanes of a
9797 roadway to confront the occupants of another vehicle as described in
9898 K.S.A. 8-1569, 8-1571 or 8-1572, and amendments thereto;
9999 (M) improper backing as described in K.S.A. 8-1574, and
100100 amendments thereto;
101101 (N) driving on a sidewalk as described in K.S.A. 8-1575, and
102102 amendments thereto;
103103 (O) violation of special rules for motorcycles as described in K.S.A.
104104 8-1594 through 8-1598, and amendments thereto;
105105 (P) violation of requirements for display of registration plate as
106106 described in K.S.A. 8-133 or 8-15,110, and amendments thereto;
107107 (Q) failure to use lighted head lamps when required by law as
108108 described in K.S.A. 8-1703, and amendments thereto;
109109 (R) failure to have tail lamps or stop lamps as described in K.S.A. 8-
110110 1706, 8-1708, 8-1802 or 8-1804, and amendments thereto;
111111 (S) disorderly conduct as described in K.S.A. 21-6203, and
112112 amendments thereto; or
113113 (T) driving in a circle in an intersection or near pedestrians or
114114 occupied vehicles in the roadway.
115115 (2) "Course of conduct" does not include constitutionally protected
116116 activity or conduct that is necessary to accomplish a lawful purpose.
117117 (d) A person who violates the provisions of this section may also be
118118 prosecuted for, convicted of and punished for any offense in chapter 21 of
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162162 the Kansas Statutes Annotated, and amendments thereto, resulting from
163163 engaging in a street stunt.
164164 Sec. 2. K.S.A. 8-1568 is hereby amended to read as follows: 8-1568.
165165 (a) (1) (A) Any driver of a motor vehicle who knowingly fails or refuses to
166166 bring such driver's vehicle to a stop for a pursuing police vehicle or police
167167 bicycle, when given visual or audible signal to bring the vehicle to a stop,
168168 shall be guilty as provided by subsection (c)(1).
169169 (B) Any driver of a motor vehicle who knowingly otherwise flees or
170170 attempts to elude a pursuing police vehicle or police bicycle, when given
171171 visual or audible signal to bring the vehicle to a stop, shall be guilty as
172172 provided by subsection (c)(1).
173173 (2) It shall be an affirmative defense to any prosecution under
174174 subsection (a)(1) that the driver's conduct in violation of such subsection
175175 was caused by such driver's reasonable belief that the vehicle or bicycle
176176 pursuing such driver's vehicle is not a police vehicle or police bicycle.
177177 (b) Any driver of a motor vehicle who knowingly fails or refuses to
178178 bring such driver's vehicle to a stop, or who otherwise flees or attempts to
179179 elude a pursuing police vehicle or police bicycle, when given visual or
180180 audible signal to bring the vehicle to a stop, and who:
181181 (1) Commits any of the following during a police pursuit, shall be
182182 guilty as provided by subsection (c)(2):
183183 (A) Fails to stop for a police road block;
184184 (B) drives around tire deflating devices placed by a police officer;
185185 (C) engages in reckless driving as defined by K.S.A. 8-1566, and
186186 amendments thereto;
187187 (D) is involved in any motor vehicle accident or intentionally causes
188188 damage to property;
189189 (E) commits five or more moving violations; or
190190 (F) is operating a stolen motor vehicle;
191191 (2) is attempting to elude capture for the commission of any felony,
192192 shall be guilty as provided by subsection (c)(2);
193193 (3) is attempting to elude capture for the commission of engaging in
194194 a street stunt in violation of section 1, and amendments thereto, shall be
195195 guilty as provided by subsection (c)(3); or
196196 (3)(4) knowingly drives the wrong way into an opposing lane of
197197 travel on a divided highway as defined in K.S.A. 8-1414, and amendments
198198 thereto, knowingly departs the appropriate lane of travel into an opposing
199199 lane of travel on any roadway causing an evasive maneuver by another
200200 driver, knowingly drives through any intersection causing an evasive
201201 maneuver by another driver or causes a collision involving another driver,
202202 shall be guilty as provided by subsection (c)(3).
203203 (c) (1) Violation of subsection (a) is a:
204204 (A) Class B nonperson misdemeanor when the person being
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248248 sentenced has no prior convictions for a violation of subsection (a) or (b);
249249 (B) class A nonperson misdemeanor when the person being sentenced
250250 has one prior conviction for a violation of subsection (a) or (b); or
251251 (C) severity level 9, person felony when the person being sentenced
252252 has two or more prior convictions for a violation of subsection (a) or (b).
253253 (2) Violation of subsection (b)(1) or (b)(2) is a severity level 9,
254254 person felony.
255255 (3) Violation of subsection (b)(3) or (b)(4) is a severity level 7,
256256 person felony.
257257 (4) In addition to the penalty described in paragraph (2), the court
258258 shall impose a fine of not less than $500 when the driver is operating a
259259 stolen motor vehicle during the commission of the offense.
260260 (d) The signal given by the police officer may be by hand, voice,
261261 emergency light or siren:
262262 (1) If the officer giving such signal is within or upon an official police
263263 vehicle or police bicycle at the time the signal is given, the vehicle or
264264 bicycle shall be appropriately marked showing it to be an official police
265265 vehicle or police bicycle; or
266266 (2) if the officer giving such signal is not utilizing an official police
267267 vehicle or police bicycle at the time the signal is given, the officer shall be
268268 in uniform, prominently displaying such officer's badge of office at the
269269 time the signal is given.
270270 (e) For the purpose of this section:
271271 (1) "Conviction" means a final conviction without regard to whether
272272 sentence was suspended or probation granted after such conviction.
273273 Forfeiture of bail, bond or collateral deposited to secure a defendant's
274274 appearance in court, which forfeiture has not been vacated, shall be
275275 equivalent to a conviction. For the purpose of determining whether a
276276 conviction is a first, second, third or subsequent conviction in sentencing
277277 under this section, it is irrelevant whether an offense occurred before or
278278 after conviction for a previous offense.
279279 (2) "Appropriately marked" official police vehicle or police bicycle
280280 shall include, but not be limited to, any police vehicle or bicycle equipped
281281 with functional emergency lights or siren or both and which the emergency
282282 lights or siren or both have been activated for the purpose of signaling a
283283 driver to stop a motor vehicle.
284284 (f) The division of vehicles of the department of revenue shall
285285 promote public awareness of the provisions of this section when persons
286286 apply for or renew such person's driver's license.
287287 Sec. 3. K.S.A. 8-1568 is hereby repealed.
288288 Sec. 4. This act shall take effect and be in force from and after its
289289 publication in the statute book.
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