HOUSE BILL No. 2137
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 Supp. 8-2106 is hereby amended to read as
follows: 8-2106. (a) A law enforcement officer may prepare and deliver
to a person a written traffic citation on a form approved by the division
of motor vehicles, if the law enforcement officer stops the person for a
(1) The uniform act regulating traffic on highways, which violation is
a misdemeanor or a traffic infraction;
(2) K.S.A. 8-262, 8-287, 8-2,144, 8-1599, 21-3610, 21-3610a, 21-3722,
21-3724, 21-3725, 21-3728, 21-4101, 40-3104, 40-3106, 41-715, 41-724,
41-727, 41-2719, 41-2720, 41-2721, 47-607, 66-1,111, 66-1,129, 66-1,139,
66-1,140, 66-273, 66-1314, 66-1324, 66-1325, 66-1330, 66-1331, 66-1332,
68-2104, 68-2106 or, subsection (b) of K.S.A. 79-34,122, or K.S.A. 2000
Supp. 8-1599, and amendments thereto;
(3) K.S.A. 31-155 and amendments thereto involving transportation
of bottle rockets;
(4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any
rules and regulations adopted pursuant thereto;
(5) any rules and regulations adopted pursuant to K.S.A. 2-1212, 68-
2001 or 31-146, and amendments thereto;
(6) any rules and regulations adopted pursuant to K.S.A. 31-133 and
amendments thereto relating to transportation of materials or fuel; or
(7) K.S.A. 8-1343 through 8-1347 and amendments thereto relating
to the child passenger safety act; or
(8) K.S.A. 8-2501 through 8-2507 and amendments thereto relating
to the safety belt use act.
(b) The citation shall contain a notice to appear in court, the name
and address of the person, the type of vehicle the person was driving,
whether hazardous materials were being transported, whether an acci-
dent occurred, the state registration number of the person's vehicle, if
any, a statement whether the vehicle is a commercial vehicle, whether
the person is licensed to drive a commercial motor vehicle, the offense
or offenses charged, the time and place when and where the person shall
appear in court, the signature of the law enforcement officer, and any
other pertinent information.
(c) The time specified in the notice to appear shall be at least five
days after the alleged violation unless the person charged with the vio-
lation demands an earlier hearing.
(d) The place specified in the notice to appear shall be before a judge
of the district court within the county in which the offense is alleged to
have been committed.
(e) Except in the circumstances to which subsection (a) of K.S.A. 8-
2104, and amendments thereto, apply, in the discretion of the law en-
forcement officer, a person charged with a misdemeanor may give written
promise to appear in court by signing at least one copy of the written
citation prepared by the law enforcement officer, in which event the law
enforcement officer shall deliver a copy of the citation to the person and
shall not take the person into physical custody.
(f) When a person is charged with a traffic infraction, the notice to
appear shall provide a place where the person may make a written entry
of appearance, waive the right to a trial and plead guilty or no contest.
The notice to appear shall provide a space where the law enforcement
officer shall enter the appropriate fine specified in the uniform fine sched-
ule contained in K.S.A. 8-2118, and amendments thereto, for the violation
charged and court costs in the amount provided by law. If the notice to
appear does not do so, the law enforcement officer shall provide a person
charged with a traffic infraction a form explaining the person's right to
appear and right to a trial, the person's right to pay the appropriate fine
and court costs prior to the appearance date, and that failure to either
pay such fine and court costs or appear at the specified time may result
in suspension of the person's driver's license. The law enforcement officer
shall provide the person with the address of the court to which the written
entry of appearance, waiver of trial, plea of guilty or no contest and pay-
ment of fine and court costs shall be mailed.
(g) Any officer violating any of the provisions of subsection (f) is guilty
of misconduct in office and shall be subject to removal from office.
Sec. 2. K.S.A. 2000 Supp. 8-2106 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
Approved March 27, 2000.
Date Composed: 09/25/2001 Date Modified: 09/25/2001