Session Law

Identifying Information:L. 2001 ch. 044
Other Identifying Information:2001 House Bill 2137
Tax Type:Vehicles
Brief Description:An Act concerning traffic; relating to citations; amending K.S.A. 2000 Supp. 8-2106and repealing the existing section.
Keywords:


Body:

CHAPTER 44

HOUSE BILL No. 2137


An Act concerning traffic; relating to citations; amending K.S.A. 2000 Supp. 8-2106

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

violation of:

(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.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001