Sub. for HB 2143 modifies the requirements for driving permits and driver's licenses for drivers younger than 17 years old and increases the age to get a full license from 16 to 17.

 

Instruction Permit:  The bill requires that the adult who is accompanying the holder of an instruction   permit be at least 21 years old, have a valid driver's license and have one year of driving experience. (Current law does not list a specific age for the adult).  The bill adds that an instruction permit can be suspended or revoked like any other driver's license.  The minimum age for application for an instruction permit remains 14.

 

Farm Permit:  A farm permit will be available from age 14 until age 17 (changed from age 16).  The bill continues to allow farm permit holders to drive in connection with any farm work and to drive to and from school.  The bill would allow permit holders who are 16 or older also to drive at any time from 5 a.m. to 9 p.m. and while going to or from authorized school activities.

 

Restricted License:  An applicant for a restricted  license must have held an instruction permit for at least one year, instead of the current six months.  If the applicant is younger than 16, the applicant must have completed driver's education and show proof of 25 hours of adult supervised driving.  During the succeeding year, the restricted driver must show an additional 25 hours of supervised driving.  A 16-year- old applicant must have completed at least 50 hours of adult-supervised driving, with 10 of those hours at night. A 15-year-old applicant would continue to be subject to a requirement for 25 hours of adult-supervised driving. The bill would allow licensees who are 16 or older also to drive at any time from 5 a.m. to 9 p.m. and while going to or from authorized school activities.

 

Restrictions on non-sibling passengers: The bill continues to ban non-sibling minor passengers if the holder of the restricted license or farm permit is younger than 16. It would allow the holder of a farm permit or a restricted license who is at least 16 years old to have one passenger younger than 18 who is not a member of the permit holder's or licensee's immediate family.

 

Restrictions on use of wireless devices: Those with instruction permits, farm permits, or restricted licenses are prohibited from operating wireless communication devices while driving except to report illegal activity or to summon emergency help. "Wireless communication device" is defined as "any wireless electronic communication device that provides for voice or data communication between two or more parties."

 

 
Lifting of restrictions: The bill would lift restrictions such as limits on non-sibling passengers and time of day when driving would be allowed on holders of farm permits and restricted licenses who are at least 16 years old and who have not violated any of the restrictions for at least six months. The permit or restricted license would continue to be considered a permit or restricted license for purposes of imposing penalties.

 

Full licensure: Under the law, a first-time applicant would have to be at least 17 years old; current law allows full licensure at 16. The applicant for a full license who is younger than 18 must have completed at least 50 hours of supervised driving, with 10 of those hours at night, as in current law.

 

 

Penalties: The bill makes several changes to penalties for violations of driving restrictions:
●The bill requires, rather than "allows" as in current law, suspension of a farm permit or restricted license for any violation of restrictions or if the holder has two or more accidents chargeable to the holder.
●A suspended restricted license or farm permit could not be reinstated for one year if two or more accidents are charged to the holder. Current law stipulates that it cannot be reinstated for one year or until the license holder reaches16, whichever is longer.                                           
●Under current law, the holder who is younger than 16 and convicted of two moving violations committed on separate occasions is not eligible to receive an unrestricted license until age 17. The new law provides that if the holder of a farm permit or restricted license is 16 and convicted of two or more moving violations committed on separate occasions, the holder may not receive a driver's license that is not restricted until age 18.
●The new law requires suspensions of driving privileges for those guilty of violating permit or license restrictions: 30 days for a first conviction, 90 days for a second conviction, and one year for a third or subsequent conviction.

 

Effective date: The law becomes effective January 1, 2010.
Continuation of current requirements: The law applies the conditions, limitations, and restrictions in place as of December 31, 2009, to those who hold any valid driver's license or permit as of January 1, 2010.

 

 

DISTINCTIVE LICENSE PLATES
HB 2134 makes several changes to the law regarding license plates, particularly distinctive personalized plates.  As of January 1, 2010 a "Support Kansas Arts" plate will be available.  It allows personalized plates to have a specific combination of letters/numbers to be assigned to just one vehicle.  It amends the definition of "disabled veteran" for eligibility for receiving a distinctive license plate, from one who is being compensated for a 100% service-connected disability to one who has a 50% service-connected disability as determined by the U.S. Department of Veterans Affairs.  Some special exemptions were put in place for the "In God We Trust" plates authorized last year. 

 

DEALER-HAULER FULL-PRIVILEGE TRAILER LICENSE PLATE ESTABLISHED
HB 2188 establishes a dealer-hauler full-privilege trailer license plate for trailer dealers and manufacturers.  This basically mirrors the requirements for a regular full-privilege dealer plate. 

 

CONCEAL AND CARRY LICENSES: MILITARY
HB 2308 allows a member of the active duty military to obtain a concealed carry license number if he or she does not have a Kansas driver's license or a Kansas non-driver's license identification card.  In addition the bill adds two circumstances in which the AG is not required to issue a concealed carry license:  If the applicant has (1) attempt to commit suicide in the five years immediately preceding the application; or (2) has been adjudicated as a "mental defective" or committed to a mental institution.  It does not include voluntary admissions to a mental institution or admission solely for observation. 
 
CONCEAL AND CARRY LICENSES:   PROSECUTORS
SB 19 authorizes prosecutors, under certain circumstances, to carry concealed firearms while engaged in the duties of their employment or any activities incidental thereto.  The prosecutors so authorized under this legislation are U.S. Attorneys and Assistant U.S. Attorneys, the Attorney General and Assistant Attorney Generals, any district or county attorney and their assistant attorneys.  The Chief Judge in the district can restrict or prohibit firearms in the courthouse or court-related facility.  

 

 

 

   House Substitute for SB 145 requires vehicles to be driven in the right lane when two lanes of traffic are going in the same direction on a highway outside of any city. It also would require vehicles on highways with three or more lanes proceeding in the same direction not to be driven in the far left lane. Exceptions apply to both cases when a vehicle is: Overtaking and passing another vehicle; Preparing to make a proper left turn; Otherwise directed by official traffic-control devices; or Otherwise required by other provisions of law.

 

   The provisions would not apply to authorized emergency, law enforcement, or Kansas Turnpike Authority vehicles or to KDOT vehicles used for construction or maintenance work. Law enforcement officials would be required to issue a warning citation for the first full year the bill's provisions would be in effect (until July 1, 2010). 

 

   It would increase the single-trip permit fee charged by the Kansas Department of Transportation (KDOT) for certain oversize or overweight vehicles from $5 to $25 and the annual permit fee from $125 to $150. It also would specify single-trip permit fees of $30 for "large structures," which are structures that exceed certain width and height limits, and $50 for "superloads," which are extremely heavy loads.  It would restrict to 50,000 pounds the gross weight on tandem axles of a cotton module issued a special permit for an oversize or overweight vehicle on a highway under the Kansas Department of Transportation's jurisdiction. It would exclude such a cotton module from being considered a "superload."

 

   

 "MOVE IT"

HB 2147 would require the driver or owner of a vehicle involved in a non-injury, non-fatal accident to make every reasonable effort to move the vehicle out of the roadway, if that vehicle could be moved safely and without causing damage to the vehicle, the roadway, or other vehicles or persons. The bill also would authorize employees or agents of the Kansas Department of Transportation (KDOT) or any law enforcement agency, including the Kansas Highway Patrol, to require or cause the removal of such a vehicle unless the accident involved death, apparent injury of any person, or the movement of hazardous materials.  The bill would include the following additional provisions:  No state, county, or municipal agency or its employees or agent would be liable for any damages resulting from the reasonable exercise of the authority that would be granted. Violators of this requirement for moving a vehicle would receive a warning for the first year the requirement would be in effect, until July 1, 2010. The fine for failing to remove vehicles involved in crashes would be $60. 

 

 

 

ARIZONA V. GANT

On April 21, 2009, the United States Supreme Court issued a ruling in Arizona v. Gant that significantly restricts an officer's authority, based on the theory of search incident to arrest, to conduct a search of the passenger compartment of a vehicle after arresting an occupant or a recent occupant. The Court ruled officers may search a vehicle incident to arrest only if (1) the arrestee is unsecured and within reaching distance of the passenger compartment when the search is conducted; or (2) it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle. The text of the Gant opinion is available at:            Gant opinion

YOU CAN'T SEARCH THE CAR ON THE ROADSIDE JUST BECAUSE YOU HAVE DONE IT BEFORE. YOU MUST HAVE A REASON. YOU MUST INCLUDE THE REASON IN YOUR REPORT. YOU MUST BE ABLE TO ARTICULATE THE REASON IN COURT.

The Court's ruling authorizes a search of a vehicle incident to arrest under only two circumstances. The first is when the arrestee is unsecured and within reaching distance of the passenger compartment when the search (not the arrest) is conducted. The Court stated it will be a rare case in which in which an officer is unable to fully effectuate an arrest so that an arrestee has a realistic possibility of access to the vehicle. Thus, the typical case in which an officer secures the arrestee with handcuffs and places the arrestee in a patrol vehicle will not satisfy this circumstance. Even if a handcuffed arrestee is not placed in a patrol car, it is not likely the arrestee has realistic access to the vehicle absent unusual circumstances.

The second circumstance is if it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle. For motor vehicle criminal offenses such as driving while license revoked, driving without a valid driver's license, misdemeanor speeding, etc., it would be highly unlikely this circumstance would exist to permit a search of the vehicle. For other motor vehicle offenses, such as impaired driving, there may be valid grounds for believing evidence relevant to the offense may exist in the vehicle (for example, impairing substances or containers used to drink or otherwise ingest them).

For arrests based on outstanding arrest warrants, it is highly unlikely this circumstance would exist to permit a search of the vehicle, unless incriminating facts concerning the offense charged in the warrant exist at the arrest scene or the offense is one for which evidence of the offense likely would still be found in the vehicle. How recent the offense was committed may be an important factor in determining the "reasonable to believe" standard in this context.

If neither circumstance exists to permit a search of the vehicle under Gant, there are other Fourth Amendment justifications, among others, that may authorize a warrantless search of a vehicle (as discussed above, the Court mentioned the first two justifications in its opinion):

1. probable cause to believe evidence of criminal activity exists in the vehicle;

2. reasonable suspicion a person, whether or not an arrestee, is dangerous and might
access the vehicle to gain immediate control of weapons (commonly known as a "car
frisk");

3. impoundment and inventory of a vehicle, which must be conducted under standard
operating procedures that are reasonable under the Fourth Amendment;

4. consent to search;

5. after stopping a vehicle for traffic violations and the driver has left the vehicle,
entering the vehicle to remove papers that obscures the vehicle's Vehicle
Identification Number (VIN).

Below is Gant at a Glance:   

 

CONCLUSION


   Be prepared to justify whatever type of search you make based upon: 1) a knowing consent, 2) a realistic threat of harm, 3) a defendable reason to believe there is evidence that could be lost or destroyed, 4) an inventory search, or 5) some other constitutional exception to general rule against warrantless searches. 

   In Gant, the officer testified he searched "because the law says we can do it.'  After Gant, courts no longer will accept that type of general explanation for a warrantless search.  To be constitutional under Gant, the officer will have to be able to articulate a specific reason for the warrantless invasion of privacy.      

 

  

   The National organization of Mothers Against Drunk Drivers was founded in 1980.  Kansas MADD soon followed and was established in 1983.  Since that time, MADD has been working to make our roads and communities safer by preventing motorists from drinking and driving.  The organization is also deeply committed to the prevention of underage drinking because alcohol is the deadliest drug for youth today.  According to statistics, the effort has been paying off.  It is estimated that MADD has helped save more than 300,000 lives since 1980.  Nearly 21,000 have been saved by the 21 minimum drinking age laws alone.  Over the years the Kansas MADD organization has undergone many changes and at the present time it's primary duty is to offer non-monetary victim service assistance to victims of drunk driving crashes across the state.