Session of 2000
By Committee on Judiciary

  9             AN  ACT concerning criminal prosecution of juvenile offenders; relating
10             to traffic offenses; amending K.S.A. 1999 Supp. 8-2117 and repealing
11             the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 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.


  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 any traffic in-
10       fraction, as defined by subsection (a) of K.S.A. 8-2116, and amendments
11       thereto, and any misdemeanor traffic offense in violation of the uniform
12       act regulating traffic on highways and a violation of articles 1 and 2 of
13       chapter 8 of the Kansas Statutes Annotated. Such traffic offenses shall
14       include a violation of a city ordinance or county resolution which prohibits
15       acts which would constitute a violation of the uniform act regulating traffic
16       on highways or a violation of articles 1 and 2 of chapter 8 of the Kansas
17       Statutes Annotated, and any violation of a city ordinance or county res-
18       olution which prohibits acts which are not violations of state laws and
19       which relate to the regulation of traffic on the roads, highways or streets
20       or the operation of self-propelled or nonself-propelled vehicles of any
21       kind. 
22       Sec.  2. K.S.A. 1999 Supp. 8-2117 is hereby repealed.
23        Sec.  3. This act shall take effect and be in force from and after its
24       publication in the statute book.