HOUSE BILL No. 2596
creasing the amount of fines; amending K.S.A. 2000 Supp. 8-1560c, 8-1560d, 8-2118
and 74-7336 and repealing the existing sections.
Section 1. K.S.A. 2000 Supp. 8-2118 is hereby amended to read as
follows: 8-2118. (a) A person charged with a traffic infraction shall, except
as provided in subsection (b), appear at the place and time specified in
the notice to appear. If the person enters an appearance, waives right to
trial, pleads guilty or no contest, the fine shall be no greater than that
specified in the uniform fine schedule in subsection (c) and court costs
shall be taxed as provided by law.
(b) Prior to the time specified in the notice to appear, a person
charged with a traffic infraction may enter a written appearance, waive
right to trial, plead guilty or no contest and pay the fine for the violation
as specified in the uniform fine schedule in subsection (c) and court costs
provided by law. Payment may be made by mail or in person and may be
by personal check. The traffic citation shall not have been complied with
if a check is not honored for any reason, or if the fine and court costs are
not paid in full. When a person charged with a traffic infraction makes
payment without executing a written waiver of right to trial and plea of
guilty or no contest, the payment shall be deemed such an appearance,
waiver of right to trial and plea of no contest.
(c) The following uniform fine schedule shall apply uniformly
throughout the state but shall not limit the fine which may be imposed
following a court appearance, except an appearance made for the purpose
of pleading and payment as permitted by subsection (a). The description
of offense contained in the following uniform fine schedule is for refer-
ence only and is not a legal definition.
8-1560
8-1560a
or
8-1560b
the limit, $10 $30
11-20 mph over
plus $2 $6 per mph
over 10 mph over
the limit;
21-30 mph over
the limit, $30 $90
plus $3 $9 per
mph over 20 mph
over the limit;
31 and more mph
over the limit, $60
$180 plus $5 $15
per mph over 30 mph
be classified as ordinance traffic infractions by those cities adopting
ordinances prohibiting the same offenses. A schedule of fines for all
ordinance traffic infractions shall be established by the municipal judge
in the manner prescribed by K.S.A. 12-4305, and amendments thereto.
Such fines may vary from those contained in the uniform fine schedule
contained in subsection (c).
(e) Fines listed in the uniform fine schedule contained in subsection
(c) shall be doubled if a person is convicted of a traffic infraction, which
is defined as a moving violation in accordance with rules and regulations
adopted pursuant to K.S.A. 8-249, and amendments thereto, committed
within any road construction zone as defined in K.S.A. 2000 Supp. 8-
1458a, and amendments thereto.
Sec. 2. K.S.A. 2000 Supp. 8-1560c is hereby amended to read as
follows: 8-1560c. (a) Any conviction or forfeiture of bail or bond for
violating the maximum posted or authorized speed limit of 55 miles per
hour or more but not exceeding 70 miles per hour on any highway, by not
more than 10 miles per hour, shall not be construed as a moving traffic
violation for the purpose of K.S.A. 8-255, and amendments thereto.
(b) Any conviction or forfeiture of bail or bond for violating any
maximum posted or authorized speed limit of 55 miles per hour or more
but not exceeding 65 miles per hour on any highway, by not more than
five miles per hour, shall not be construed as a moving traffic violation
for the purpose of K.S.A. 8-255, and amendments thereto.
Sec. 3. K.S.A. 2000 Supp. 8-1560d is hereby amended to read as
follows: 8-1560d. (a) Convictions for violating a maximum posted speed
limit of 55 miles per hour or more but not exceeding 70 miles per hour,
by not more than 10 miles per hour in excess of such maximum speed
limit, shall not be a part of the public record and shall not be considered
by any insurance company in determining the rate charged for any
automobile liability insurance policy or whether to cancel any such policy
under the provisions of subsection (4)(c)(7) of K.S.A. 40-277, and
amendments thereto.
(b) Convictions for violating any maximum posted or authorized
speed limit of 55 miles per hour or more but not exceeding 65 miles per
hour, by not more than five miles per hour in excess of such maximum
speed limit, shall not be a part of the public record and shall not be
considered by any insurance company in determining the rate charged
for any automobile liability insurance policy or whether to cancel any such
policy under the provisions of subsection (4)(c)(7) of K.S.A. 40-277, and
Sec. 4. K.S.A. 2000 Supp. 74-7336 is hereby amended to read as
follows: 74-7336. (a) Of the remittances of fines, penalties and forfeitures
received from clerks of the district court, at least monthly, the state
treasurer shall credit 22% 7.33% to the crime victims compensation fund
and 4% 1.33% to the crime victims assistance fund. The remainder of the
remittances shall be credited to the state general fund.
(b) The county treasurer shall deposit grant moneys as provided in
subsection (a), from the crime victims assistance fund, to the credit of a
special fund created for use by the county or district attorney in
establishing and maintaining programs to aid witnesses and victims of
crime.
Sec. 5. K.S.A. 2000 Supp. 8-1560c, 8-1560d, 8-2118 and 74-7336 are
hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
Approved May 21, 2000.
Date Composed: 09/25/2001 Date Modified: 09/25/2001