HB 2309--
Session of 1997
By Committee on Judiciary

9 AN ACT concerning juvenile traffic offenders; relating to no proof of 10 insurance; amending K.S.A. 1996 Supp. 8-2117 and repealing the ex- 11 isting section. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. K.S.A. 1996 Supp. 8-2117 is hereby amended to read as 15 follows: 8-2117. (a) Subject to the provisions of this section, a court of 16 competent jurisdiction may hear prosecutions of traffic offenses involving 17 any child 14 or more years of age but less than 18 years of age. The court 18 hearing the prosecution may impose any fine authorized by law for a 19 traffic offense, including a violation of K.S.A. 8-1567 and amendments 20 thereto, and may order that the child be placed in a juvenile detention 21 facility, as defined by K.S.A. 38-1602 and amendments thereto, for not 22 more than 10 days. If the child is less than 18 years of age, the child shall 23 not be incarcerated in a jail as defined by K.S.A. 38-1602 and amend- 24 ments thereto. If the statute under which the child is convicted requires 25 a revocation or suspension of driving privileges, the court shall revoke or 26 suspend such privileges in accordance with that statute. Otherwise, the 27 court may suspend the license of any person who is convicted of a traffic 28 offense and who was under 18 years of age at the time of commission of 29 the offense. Suspension of a license shall be for a period not exceeding 30 one year, as ordered by the court. Upon suspending any license pursuant 31 to this section, the court shall require that the license be surrendered to 32 the court and shall transmit the license to the division of vehicles with a 33 copy of the court order showing the time for which the license is sus- 34 pended. The court may modify the time for which the license is sus- 35 pended, in which case it shall notify the division of vehicles in writing of 36 the modification. After the time period has passed for which the license 37 is suspended, the division of vehicles shall issue an appropriate license to 38 the person whose license had been suspended, upon successful comple- 39 tion of the examination required by K.S.A. 8-241 and amendments 40 thereto and upon proper application and payment of the required fee 41 unless the child's driving privileges have been revoked, suspended or 42 cancelled for another cause and the revocation, suspension or cancellation 43 has not expired. HB 2309

 1    (b)  Instead of suspending a driver's license pursuant to this section,
 2  the court may place restrictions on the child's driver's privileges pursuant
 3  to K.S.A. 8-292 and amendments thereto.
 4    (c)  Instead of the penalties provided in subsections (a) and (b), the
 5  court may place the child under a house arrest program, pursuant to
 6  K.S.A. 21-4603b, and amendments thereto, and sentence the child to the
 7  same sentence as an adult traffic offender under K.S.A. 8-2116, and
 8  amendments thereto.
 9    (d)  As used in this section, ``traffic offense'' means a violation of the
10  uniform act regulating traffic on highways and a violation of articles 1 and
11  2 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto
12  or a violation of K.S.A. 40-3104, and amendments thereto. Traffic offenses
13  shall include a violation of a city ordinance or county resolution which
14  prohibits acts which would constitute a violation of the uniform act reg-
15  ulating traffic on highways or a violation of articles 1 and 2 of chapter 8
16  of the Kansas Statutes Annotated, and any violation of a city ordinance
17  or county resolution which prohibits acts which are not violations of state
18  laws and which relate to the regulation of traffic on the roads, highways
19  or streets or the operation of self-propelled or nonself-propelled vehicles
20  of any kind.
21    Sec. 2.  K.S.A. 1996 Supp. 8-2117 is hereby repealed.
22    Sec. 3.  This act shall take effect and be in force from and after its
23  publication in the statute book.