An Act concerning motor vehicles; relating to reporting of traffic convictions and adjudi- cations; amending K.S.A. 8-2115 and K.S.A. 1995 Supp. 8-253 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1995 Supp. 8-253 is hereby amended to read as follows: 8-253. (a) When K.S.A. 8-254, and amendments thereto, makes mandatory the revocation of a person's driving privileges by the division, the court in which such conviction or adjudication is had shall require the surrender to it of all driver's licenses then held by the person so convicted or adjudicated, and the court shall forward the same, or if such court has a clerk shall direct the clerk to forward the same, together with a record of such conviction or adjudication to the division, within 10 days from the date the conviction or adjudication becomes final.
(b) Every court having jurisdiction over offenses committed
under the motor vehicle drivers' license act shall forward to the
division a record of the conviction of any person by such court for
a violation of that act. Such record shall be made upon
any a form or in a format approved
by the division and shall include the name and address of
the violator, the violator's driver's license number, the
registration number of the vehicle involved, the nature of the
offense, the date of hearing, the plea, the judgment or whether
bail or bond was forfeited and the amount of the fine or
(c) For the purpose of this act, the term ``conviction'' means a final conviction and without regard to whether sentence was suspended or probation granted after such conviction. Also, for the purposes of this act, a forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equiv- alent to a conviction.
(d) The clerk of any court of record to which a conviction for violation of any law described in subsection (b) has been appealed shall within 10 days of the final disposition of the appeal forward a notification of such final disposition to the division.
Sec. 2. K.S.A. 8-2115 is hereby amended to read as follows: 8-2115. (a) Every municipal judge or judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this act or of any other law regulating the operation of vehicles on highways or for the violation of an ordinance of any city defining any offense the provisions of which are identical with provisions of this act, or fixing a limitation upon the speed of vehicles pursuant to the provisions of this act.
(b) Within 10 days after the conviction or forfeiture of bail or
an appearance bond of a person upon a charge of violating any
provisions of this act or other law or city ordinance regulating
the operation of vehicles on highways, every judge or clerk of the
court in which such conviction was had or bail or bond was
forfeited shall prepare and immediately forward to the division an
abstract of the record of the court covering the case in which such
person was so convicted or forfeited bail or bond
abstract must be certified by the judge or clerk to be true and
correct. Report need not be made of any conviction or forfeiture
involving the illegal parking or standing of a vehicle. The
provisions of this subsec- tion shall be deemed to be satisfied for
any conviction or forfeiture except for those in respect to any
violation specified in K.S.A. 8-254 or 8-285, and amendments
thereto, by the submission of consolidated magnetic tape reports
prepared by computer and containing the name, date of birth and
driver's license number of the party charged, the case number, the
nature of the offense, the arrest date, the vehicle identification
number of the vehicle involved and a statement as to whether or not
the vehicle involved was a commercial motor vehicle, as defined in
K.S.A. 8-2,128, and amendments thereto. The format of such magnetic
tape reports and the frequency of submission shall be in accordance
with specifications of the division. (c) Such abstract shall be made upon a form furnished by
the division and shall include the name and address of the party
charged, the vehicle identification number of the vehicle involved,
the nature of the offense, the date of hearing, the plea, the
judgment, or whether bail or bond forfeited, the amount of the fine
or forfeiture as the case may be and a statement as to whether or
not the vehicle involved was a commercial motor vehicle as defined
in K.S.A. 8-2,128, and amendments thereto. The abstract
shall be on a form or in a format approved by the division. (d) (c) Every court of record also shall
forward a like report to the division upon the conviction of any
person of manslaughter or other felony in the commission of which a
vehicle was used. (e) (d) The failure, refusal or neglect
of any such judicial officer to comply with any of the requirements
of this section shall constitute mis- conduct in office and shall
be ground for removal therefrom. (f) (e) The division shall keep all
abstracts received hereunder at its main office and the same shall
be open to public inspection during rea- sonable business
hours. (g) (f) The clerk of any court of record
to which a conviction for violation of any of the laws described in
subsection (a) has been appealed shall forward within 10 days of
the final disposition of such appeal a notification of such final
disposition to the division.
Sec. 3. K.S.A. 8-2115 and K.S.A. 1995 Supp. 8-253 are hereby re- pealed.
Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.
Approved April 3, 1996.