Session of 2000
By Representative Powers

10             AN  ACT regulating traffic; concerning forfeiture of motor vehicle for
11             certain violations; amending K.S.A. 1999 Supp. 8-1568 and repealing
12             the existing section.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 8-1568 is hereby amended to read as
16       follows: 8-1568. (a) Any driver of a motor vehicle who willfully fails or
17       refuses to bring such driver's vehicle to a stop, or who otherwise flees or
18       attempts to elude a pursuing police vehicle or police bicycle, when given
19       visual or audible signal to bring the vehicle to a stop, shall be guilty as
20       provided by subsection (c)(1), (2) or (3). The signal given by the police
21       officer may be by hand, voice, emergency light or siren. The officer giving
22       such signal shall be in uniform, prominently displaying such officer's
23       badge of office, and the officer's vehicle or bicycle shall be appropriately
24       marked showing it to be an official police vehicle or police bicycle.
25             (b) Any driver who violates the provisions of subsection (a) and who:
26       (1) Commits any of the following during a police pursuit: (A) Fails to stop
27       for a police road block; (B) drives around tire deflating devices placed by
28       a police officer; (C) engages in reckless driving as defined by K.S.A. 8-
29       1566 and amendments thereto; (D) is involved in any motor vehicle ac-
30       cident or intentionally causes damage to property; or (E) commits five or
31       more moving violations; or
32             (2) is attempting to elude capture for the commission of any felony,
33       shall be guilty as provided in subsection (c)(4).
34             (c)  (1) Every person convicted of violating subsection (a), upon a first
35       conviction, shall be guilty of a class B nonperson misdemeanor.
36             (2) Every person convicted of violating subsection (a), upon a second
37       conviction of such subsection, shall be guilty of a class A nonperson
38       misdemeanor.
39             (3) Every person convicted of violating subsection (a), upon a third
40       or subsequent conviction of such subsection, shall be guilty of a severity
41       level 9, person felony.
42             (4) Every person convicted of violating subsection (b) shall be guilty
43       of a severity level 9, person felony.


  1             (5) In addition to the penalty provided under paragraph (4) the motor
  2       vehicle used by any person convicted under subsection (b) shall be subject
  3       to the Kansas standard asset seizure and forfeiture act, K.S.A. 60-4101,
  4       et seq., and amendments thereto, except that the provisions of this para-
  5       graph shall not apply to a motor vehicle which has been stolen.
  6             (d) For the purpose of this section "conviction" means a final con-
  7       viction without regard whether sentence was suspended or probation
  8       granted after such conviction. Forfeiture of bail, bond or collateral de-
  9       posited to secure a defendant's appearance in court, which forfeiture has
10       not been vacated, shall be equivalent to a conviction.
11             (e) The division of vehicles of the department of revenue shall pro-
12       mote public awareness of the provisions of this section when persons
13       apply for or renew such person's driver's license. 
14       Sec.  2. K.S.A. 1999 Supp. 8-1568 is hereby repealed.
15        Sec.  3. This act shall take effect and be in force from and after its
16       publication in the statute book.