Section 5: 

 Adds conviction of K.S.A. 8-2,144 alongside of conviction of K.S..A. 8-1567 to be considered regarding penalties imposed on subsequent conviction under K.S.A. 8-262.

COMMERCIAL DUI--Section 8

Driving a commercial vehicle under the influence is changed to more closely resemble K.S.A. 8-1567. 

The following list is not exhaustive but is meant to highlight specific changes: 

Time limit for per se chemical test is increased to 3 hours- Section 8 (a)(2)

Minimum fines are increased by $250 at every level-- Community service is available in lieu of the fine for Commercial DUI offenders. Section 8(f)

The District Court Clerk (not Muni Court Clerk) is required to remit $250 of every fine imposed after July 1, 2011 to the state treasurer for the CCSF (See New Section 3)

Lifetime look back is retained and third conviction remains a felony.  Only convictions for K.S.A. 8-2,144 and similar city ordinance or county resolutions count.  Priors of K.S.A. 8-1567 still do not count as priors. Section 8 (n)(2)

Cities would be allowed to prohibit commercial DUI as long as the penalties are the same.  Section 8(j)(1-3) Any case appearing to be a FELONY, SHALL be sent to the County or District Attorney who shall pursue a disposition and NOT refer it back to the city.  Section 8(k) (2).

No expungements for diversions or convictions of K.S.A. 8-2,144 -Section 24(d)

A child under the age of 14 in the commercial vehicle requires a 30 day jail sanction- Section 8(c)

Alcohol/drug evals are required pursuant to K.S.A. 8-1008.  The person Shall be required to follow any recommendations made by the provider-unless otherwise ordered by the court.  See Section 10

Before filing a complaint the prosecutor must check DMV and the KBI repository. Section 8(g)

The court shall electronically report every conviction or diversion of a Commericial DUI to DMV and KBI. Section 8(h)

The person's Commercial driver's license will be "disqualified" and the person's
 regular license will be suspended pursuant to K.S.A. 8-1014 (suspension and restriction: ignition interlock provisions) Section 8(i)

Cannot plea bargain Commercial DUI to avoid penalties.  Section 8(l)

PUNISHMENT-Section 8 (b)(1)(A-C) DUI COMMERCIAL VEHICLE

First Offense:  B misdemeanor 
               JAIL: not less than 48 hours nor more than 6 months
               FINE: not less than $750 nor more than $1000
               Must serve at least 48 consecutive hours in jail or 100 hours of public service.

Second Offense:  A misdemeanor

               JAIL:  Not less than 90 or more than 1 year (shall serve at least 5 consecutive days in jail) 
               FINE: not less than $1,250 nor more than $1,750

               WORK RELEASE:  Allowed after 48 consecutive hours in jail-however a minimum of 120 hours confinement must be completed-this can be accrued at the end and beginning of each work day. (Before and after work)

               HOUSE ARREST:  Shall be monitored by an 'electronic monitoring device, which verifies the offender's location'---exactly the same as work release but in the confines of  residence.

Third Offense or subsequent:  Non-person felony

              JAIL:  not less than 90 days nor more than 1 year
              FINE:  $1,750 nor more than $2,500

              WORK RELEASE:  Allowed after 48 consecutive hours in jail-however a minimum of 240 hours confinement must be completed-this can be accrued at the end and beginning of each work day. (before and after work)

              HOUSE ARREST:  Shall be monitored by an 'electronic monitoring device, which verifies the offender's location'  --exactly the same as work release but in the confines of residence. 



ADMINISTRATIVE PENALTIES- SECTION 14 AND 15 

Some important notes:

Administrative actions concerning ignition interlock no longer requires the vehicle to be owned or leased.  Any vehicle operated by an individual who is required to have the device must be  with the ignition interlock device.

There is an employer exception:  if the person does not own or control the business the person does not have to have the ignition interlock in the employers vehicle during normal business hours.  This exception shall not apply to a person whose driving privileges have been restricted for the remainder of the one-year suspension period (on a refusal) See Section 15(e)

Administrative driving privilege penalties for test refusal, test failure or alcohol or drug-related conviction. (NOTE: High BAC = .15 or higher)

 

PENALTIES FOR VIOLATION OF IGNITION INTERLOCK--Section 16

K.S.A. 8-1017 states you cannot tamper with, circumvent or render the ignition interlock inaccurate or inoperative, or solicit someone to blow into the device to get it running or blow into the device to get a car running for someone .   It is an A misdemeanor.  Section 16(a)(1-4) and (b)

If convicted of tampering, circumventing, rendering it inoperable or soliciting on a first offense, the persons driving privileges will be extended the restriction for ignition interlock for an additional 90 days. Section 16(c)(1)(A)  On a second offense, the DMV will restart the original ignition interlock restriction period. Section (c)(1)(B)

If you are convicted of operating an auto without the ignition interlock when you are required to have it, the  DMV will restart your original ignition interlock period.  Section 16(c)(2)

If you blow into the device to render a car operable for someone it is an A misdemeanor only with no provisions against your license. Section 16(b)

ADMINISTRATIVING HEARINGS--Section 17

The DMV shall charge a fee of $50 for a hearing whether held by telephone or in person to be applied to the division for administrative costs to conduct the hearing. -- Section 17(d)(2)



DUI -Section 19

The elements of a DUI have changed. The per se violation now allows for 3 hours for the test to be done. Old law required only 2 hours. See Sec. 19 (a)(2)

Only convictions occurring on or after JULY 1, 2001 shall be taken into account when determining the sentence for a first, second, third, fourth or subsequent.   Section 19(j)(3)

Before filing a complaint the prosecutor or city attorney must check DMV and the KBI repository. Section 19(h)(1-2 and (m)(1)(A-B)  FELONIES in city court must be transferred to district court.  Section 19(m)(2).  THERE IS NO PROVISION THE DISTRICT COURT MUST PURSUE A DISPOSITION.

Diversion for DUI requires the defendant to participate in a alcohol and drug eval.  Section 23(b)(2) Section 26(c)(2) as set forth in Section 10.

First Offense:  B misdemeanor (Section 19(b)(1)(A))
                 JAIL:  not less than 48 hours nor more than 6 months
                 FINE:  not less than $750 nor more than $1000
                 JAIL:  Must serve at least 48 consecutive hours in jail or 100 hours of public service 
                HOUSE ARREST:  must serve 48 hours in jail then rest can be on house arrest

Second Offense:  A misdemeanor (Section 19(b)(1)(B))
               JAIL:  Not less than 90 or more than 1 year (shall serve at least 5 consecutive days in jail) 
               FINE:  not less than $1,250 nor more than $1,750

               WORK RELEASE:  allowed after 48 consecutive hours in jail-however a minimum of 120 hours confinement must be completed-this can be accrued at the end and beginning of each work day. (Before and after work)

              HOUSE ARREST:  Shall be monitored by an 'electronic monitoring device, which verifies the offender's location'---exactly the same as work release but in the confines of residence

3rd Offence-misdemeanor OR felony See Section 19(b)(1)(C) and (D) 

 If the defendant has a prior conviction within the prior 10 years it will be a felony-if there are no convictions within the preceding 10 years it will be a 3rd misdemeanor 

IF A THIRD WITHIN PRECEEDING 10 YEARS (not including incarceration):  A felony.

              JAIL:  not less than 90 days nor more than 1 year
              FINE: $1,750 nor more than $2,500
              WORK RELEASE:  allowed after 48 consecutive hours in jail-however a minimum of 240 hours confinement must be completed-this can be accrued at the end and beginning of each work day. (before and after work)
              HOUSE ARREST:  Shall be monitored by an 'electronic monitoring device, which verifies the  offender's location'  --exactly the same as work release but in the confines of residence.

3RD OFFENSE-DUI:  A misdemeanor

KBI REPOSITORY-Section 27

KBI Director will adopt rules and regulations requiring district courts to report DUI to the repository and rules and regs for ELECTRONICALLY reporting by July 1, 2013. Section 27(f)(1-2)

• Municipal Court Judges shall ensure that municipal courts report the FILING and DISPOSITION of DUI cases to the KBI. Section 28(a)(4)

• On or after July 1, 2013 must report them ELECTRONICALLY. Section 20(f) see also Section 28(a)(4)

EXPUNGEMENTS--Section 24

Expungements are allowed for DUI (state or city ordinance) after 10 years.

OTHER SECTIONS NOT SPECIFICALLY MENTIONED ABOVE FROM SB6-Throughout the bill, various references and other language are revised to ensure statutory consistency and reflect current law.



HIT AND RUN 

Amends LEAVING THE SCENE LAWS: K.S.A. 8-1602, 8-1604, 8-1605 and 2010 Session Laws Ch. 136, Sec 292 (recodifies criminal code)

• For property damages of less than $1000, a person conviction is a class C misdemeanor, a second committed within one year of the first is a class B misdemeanor and a third or subsequent committed within one year of the second is a Class A misdemeanor

• Injury to a person or property damage of $1000 or more is a class A misdemeanor

• Great Bodily harm to a person is a severity level 8 (from a level 10)

• Death of a person is a severity level 6 felony (from a level 9) except when a person involved in an accident knew or should have known that the accident resulted in injury or death, which is a level 5 felony
• Continues to require as provided in K.S.A. 8-15,107-move it law, don't obstruct regular flow of traffic if not a death or injury or hazardous waste situation
•  Bill clarifies that "insofar as possible" a driver in an accident resulting in injury, death, or damage to an attended vehicle must make efforts to immediately determine whether any person involved in the accident was injured or killed and render reasonable assistance to an injured person. 
• "the quickest available means of communication" must be used by either the driver or an occupant 18 years or older to report to the nearest police officer if damage is of $1000 or more or injury or death has occurred.
• Unattended vehicles require the driver to stop and locate the owner or leave information -C misdemeanor, a second committed within one year is a B misdemeanor and 3rd or subsequent is an A misdemeanor within one year of second offense

CRIMINAL HISTORY CHANGE: 
           If a person is convicted of leaving the scene of an injury,  Great bodily harm or death prior crimes count as person       FELONIES  

a.  8-235-no license
b.  8-262-Driving while Suspended
c.  8-287-Driving while an Habitual Violator
d.  8-291-Driving in violations of restrictions
e.  8-1566-Reckless Driving
f.   8-1567-DUI
g.  8-1568-Flee and Eluding
h.  8-1602-Leaving the Scene/Failing to report
i.   8-1605-Leaving the Scene/Failing to report-unattended property
j.   40-3104-No proof of Insurance
k.  Section 40 of Chapter 136--Involuntary manslaughter while DUI
l.   Section 41 of Chapter 136 --Vehicular Homicide