Session of 2000
By Committee on Ways and Means

  9             AN  ACT concerning regulation of traffic; relating to traffic citations;
10             amending K.S.A. 1999 Supp. 8-2106 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1999 Supp. 8-2106 is hereby amended to read as
14       follows: 8-2106. (a) A law enforcement officer may prepare and deliver
15       to a person a written traffic citation on a form approved by the division
16       of motor vehicles, if the law enforcement officer stops the person for a
17       violation of:
18             (1) The uniform act regulating traffic on highways, which violation is
19       a misdemeanor or a traffic infraction;
20             (2) K.S.A. 8-262, 8-287, 8-2,144, 8-1599, 21-3610, 21-3610a, 21-3722,
21       21-3724, 21-3725, 21-3728, 21-4101, 40-3104, 40-3106, 41-715, 41-724,
22       41-727, 41-2719, 41-2720, 41-2721, 47-607, 66-1,111, 66-1,129, 66-1,139,
23       66-1,140, 66-273, 66-1314, 66-1324, 66-1325, 66-1330, 66-1331, 66-1332,
24       68-2104, 68-2106 or subsection (b) of K.S.A. 79-34,122, and amendments
25       thereto;
26             (3) K.S.A. 31-155 and amendments thereto involving transportation
27       of bottle rockets;
28             (4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any
29       rules and regulations adopted pursuant thereto;
30             (5) any rules and regulations adopted pursuant to K.S.A. 2-1212, 68-
31       2001 or 31-146, and amendments thereto;
32             (6) any rules and regulations adopted pursuant to K.S.A. 31-133 and
33       amendments thereto relating to transportation of materials or fuel; or
34             (7) K.S.A. 8-1343 through 8-1347 and amendments thereto relating
35       to the child passenger safety act; or
36             (8) K.S.A. 8-2501 through 8-2507 and amendments thereto relating
37       to the safety belt use act.
38             (b) The citation shall contain a notice to appear in court, the name
39       and address of the person, the type of vehicle the person was driving,
40       whether hazardous materials were being transported, whether an acci-
41       dent occurred, the state registration number of the person's vehicle, if
42       any, a statement whether the vehicle is a commercial vehicle, whether
43       the person is licensed to drive a commercial motor vehicle, the offense


  1       or offenses charged, the time and place when and where the person shall
  2       appear in court, the signature of the law enforcement officer, and any
  3       other pertinent information.
  4             (c) The time specified in the notice to appear shall be at least five
  5       days after the alleged violation unless the person charged with the vio-
  6       lation demands an earlier hearing.
  7             (d) The place specified in the notice to appear shall be before a judge
  8       of the district court within the county in which the offense is alleged to
  9       have been committed.
10             (e) Except in the circumstances to which subsection (a) of K.S.A. 8-
11       2104, and amendments thereto, apply, in the discretion of the law en-
12       forcement officer, a person charged with a misdemeanor may give written
13       promise to appear in court by signing at least one copy of the written
14       citation prepared by the law enforcement officer, in which event the law
15       enforcement officer shall deliver a copy of the citation to the person and
16       shall not take the person into physical custody.
17             (f) When a person is charged with a traffic infraction, the notice to
18       appear shall provide a place where the person may make a written entry
19       of appearance, waive the right to a trial and plead guilty or no contest.
20       The notice to appear shall provide a space where the law enforcement
21       officer shall enter the appropriate fine specified in the uniform fine sched-
22       ule contained in K.S.A. 8-2118, and amendments thereto, for the violation
23       charged and court costs in the amount provided by law. If the notice to
24       appear does not do so, the law enforcement officer shall provide a person
25       charged with a traffic infraction a form explaining the person's right to
26       appear and right to a trial, the person's right to pay the appropriate fine
27       and court costs prior to the appearance date, and that failure to either
28       pay such fine and court costs or appear at the specified time may result
29       in suspension of the person's driver's license. The law enforcement officer
30       shall provide the person with the address of the court to which the written
31       entry of appearance, waiver of trial, plea of guilty or no contest and pay-
32       ment of fine and court costs shall be mailed.
33             (g) Any officer violating any of the provisions of subsection (f) is guilty
34       of misconduct in office and shall be subject to removal from office. 
35       Sec.  2. K.S.A. 1999 Supp. 8-2106 is hereby repealed.
36        Sec.  3. This act shall take effect and be in force from and after its
37       publication in the statute book.