HOUSE BILL No. 2744
An Act concerning crimes and punishment; relating to fleeing or
eluding a police officer;
amending K.S.A. 1997 Supp. 8-1568 and repealing the
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1997 Supp. 8-1568 is hereby amended to
follows: 8-1568. (a) Any driver of a motor vehicle who willfully
refuses to bring such driver's vehicle to a stop, or who otherwise
attempts to elude a pursuing police vehicle or police bicycle, when
visual or audible signal to bring the vehicle to a stop, shall be
provided by subsection
(b) (c)(1), (2) or
(3). The signal given by the police
officer may be by hand, voice, emergency light or siren. The
such signal shall be in uniform, prominently displaying such
badge of office, and the officer's vehicle or bicycle shall be
marked showing it to be an official police vehicle or police
(b) Any driver who violates the provisions of subsection
(a) and who:
(1) Commits any of the following during a police pursuit: (A)
Fails to stop
for a police road block; (B) drives around tire deflating
devices placed by
a police officer; (C) engages in reckless driving as defined by
1566 and amendments thereto; (D) is involved in any motor
cident or intentionally causes damage to property; or (E)
commits five or
more moving violations; or
(2) is attempting to elude capture for the commission of
shall be guilty as provided in subsection (c)(4).
(b) (c) (1) Every person
convicted of violating subsection (a), upon a
first conviction, shall be guilty of a class B nonperson
(2) Every person convicted of violating subsection (a), upon a
conviction of such subsection, shall be guilty of a class A
(3) Every person convicted of violating subsection (a), upon a
or subsequent conviction of such subsection, shall be guilty of a
level 9, person felony.
(4) Every person convicted of violating subsection (b)
shall be guilty
of a severity level 9, person felony.
(4) (d) For the purpose of this
section ``conviction'' means a final
conviction without regard whether sentence was suspended or
granted after such conviction. Forfeiture of bail, bond or
posited to secure a defendant's appearance in court, which
not been vacated, shall be equivalent to a conviction.
(e) The division of vehicles of the department of revenue
public awareness of the provisions of this section when persons
or renew such person's driver's license.
Sec. 2. K.S.A. 1997 Supp. 8-1568 is hereby repealed.
Sec. 3. This act shall take effect and be in force from
and after its
publication in the statute book.
Approved May 13, 1998