Session of 1999
         
HOUSE BILL No. 2506
         
By Committee on Appropriations
          
2-16
          
  9             AN  ACT concerning municipal court in certain cities; relating to the
10             jurisdiction thereof; amending K.S.A. 12-4104 and 22-2601 and K.S.A.
11             1998 Supp. 8-2106 and 8-2107 and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. (a) The governing body of any city of the first class
15       may adopt an ordinance, and the board of county commissioners of the
16       county in which such city is located may pass a resolution, to allow the
17       municipal court of such city to have jurisdiction over misdemeanors or
18       traffic offenses occurring within the unincorporated areas of such county.
19       The judicial power and authority of a municipal judge of the municipal
20       court in such city may be exercised anywhere within the unincorporated
21       area of the county where such city is located, with respect to such mis-
22       demeanors or traffic offenses. Any such municipal court shall have only
23       such judicial power and authority as is necessary to hear such misde-
24       meanor or traffic offense actions.
25             (b) A municipal court shall not assume jurisdiction over misdemean-
26       ors or traffic offenses in the unincorporated areas of a county without
27       first having received written approval from the administrative judge of
28       the district court of the county.
29             (c) Any fees, fines, penalties or court costs which are assessed by the
30       municipal court pursuant to this section shall be deposited and credited
31       by the municipal court in the same manner other fees, fines, penalties or
32       court costs are deposited and credited.
33             (d) Whenever district judge or district court, or words of like effect,
34       are referred to or designated by a statute in reference to a misdemeanor
35       or traffic offense and the governing body of any city of the first class has
36       adopted an ordinance, and the board of county commissioners of the
37       county in which such city is located has adopted a resolution, allowing
38       the municipal court of such city to have jurisdiction over misdemeanors
39       or traffic offenses within the unincorporated areas of the county, such
40       reference or designation shall be deemed to apply to the municipal judge
41       or municipal court, whichever is applicable.
42             Sec.  2. K.S.A. 1998 Supp. 8-2106 is hereby amended to read as fol-
43       lows: 8-2106. (a) A law enforcement officer may prepare and deliver to a

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  1       person a written traffic citation on a form approved by the division of
  2       motor vehicles, if the law enforcement officer stops the person for a
  3       violation of:
  4             (1) The uniform act regulating traffic on highways, which violation is
  5       a misdemeanor or a traffic infraction;
  6             (2) K.S.A. 8-262, 8-2,144, 8-1599, 21-3610, 21-3610a, 21-3722, 21-
  7       3724, 21-3725, 21-3728, 21-4101, 40-3104, 40-3106, 41-715, 41-724, 41-
  8       727, 41-2719, 41-2720, 41-2721, 47-607, 66-1,111, 66-1,129, 66-1,139,
  9       66-1,140, 66-273, 66-1314, 66-1324, 66-1325, 66-1330, 66-1331, 66-1332,
10       68-2104, 68-2106 or subsection (b) of K.S.A. 79-34,122, and amendments
11       thereto;
12             (3) K.S.A. 31-155, and amendments thereto, involving transportation
13       of bottle rockets;
14             (4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any
15       rules and regulations adopted pursuant thereto;
16             (5) any rules and regulations adopted pursuant to K.S.A. 2-1212, 68-
17       2001 or 31-146, 68-2001, and amendments thereto;
18             (6) any rules and regulations adopted pursuant to K.S.A. 31-133, and
19       amendments thereto, relating to transportation of materials or fuel; or
20             (7) K.S.A. 8-1343 through 8-1347, and amendments thereto, relating
21       to the child passenger safety act; or
22             (8) K.S.A. 8-2501 through 8-2507, and amendments thereto, relating
23       to the safety belt use act.
24             (b) The citation shall contain: (1) A notice to appear in court,; (2) the
25       name and address of the person,; (3) the type of vehicle the person was
26       driving,; (4) whether hazardous materials were being transported,; (5)
27       whether an accident occurred,; (6) the state registration number of the
28       person's vehicle, if any,; (7) a statement whether the vehicle is a com-
29       mercial vehicle,; (8) whether the person is licensed to drive a commercial
30       motor vehicle,; (9) the offense or offenses charged,; (10) the date, time
31       and place when and where the person shall appear in court,; (11) the
32       signature of the law enforcement officer, and; and (12) any other perti-
33       nent information.
34             (c) The time specified in the notice to appear shall be at least five
35       days after the alleged violation unless the person charged with the vio-
36       lation demands an earlier hearing.
37             (d) Except as provided by this subsection, the place specified in the
38       notice to appear shall be before a judge of the district court within the
39       county in which the offense is alleged to have been committed. If the
40       jurisdiction of a municipal court has been extended pursuant to section
41       1, and amendments thereto, the place specified in the notice to appear
42       shall be before a municipal judge within the county in which the offense
43       is alleged to have been committed.

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  1             (e) Except in the circumstances to which subsection (a) of K.S.A. 8-
  2       2104, and amendments thereto, apply, in the discretion of the law en-
  3       forcement officer, a person charged with a misdemeanor may give written
  4       promise to appear in court by signing at least one copy of the written
  5       citation prepared by the law enforcement officer, in which event the law
  6       enforcement officer shall deliver a copy of the citation to the person and
  7       shall not take the person into physical custody.
  8             (f) When a person is charged with a traffic infraction, the notice to
  9       appear shall provide a place where the person may make a written entry
10       of appearance, waive the right to a trial and plead guilty or no contest.
11       The notice to appear shall provide a space where the law enforcement
12       officer shall enter the appropriate fine specified in the uniform fine sched-
13       ule contained in K.S.A. 8-2118, and amendments thereto, for the violation
14       charged and court costs in the amount provided by law. If the notice to
15       appear does not do so, the law enforcement officer shall provide a person
16       charged with a traffic infraction a form explaining the person's right to
17       appear and right to a trial, the person's right to pay the appropriate fine
18       and court costs prior to the appearance date, and that failure to either
19       pay either such fine and court costs or appear at the specified time may
20       result in suspension of the person's driver's license. The law enforcement
21       officer shall provide the person with the address of the court to which
22       the written entry of appearance, waiver of trial, plea of guilty or no contest
23       and payment of fine and court costs shall be mailed.
24             (g) Any officer violating any of the provisions of subsection (f) is guilty
25       of misconduct in office and shall be subject to removal from office.
26             Sec.  3. K.S.A. 1998 Supp. 8-2107 is hereby amended to read as fol-
27       lows: 8-2107. (a) (1) Notwithstanding any other provisions of the uniform
28       act regulating traffic on highways, when a person is stopped by a police
29       officer for any of the offenses described in subsection (d) and such person
30       is not immediately taken before a judge of the district court or municipal
31       court for a city as authorized by section 1, and amendments thereto, the
32       police officer may require the person stopped, subject to the provisions
33       of subsection (c), to deposit with the officer a valid Kansas driver's license
34       in exchange for a receipt therefor issued by such police officer, the form
35       of which shall be approved by the division of vehicles. Such receipt shall
36       be recognized as a valid temporary Kansas driver's license authorizing the
37       operation of such person to operate a motor vehicle by the person stopped
38       until the date of the hearing stated on the receipt. The driver's license
39       and a written copy of the notice to appear shall be delivered by the police
40       officer to the court having jurisdiction of the offense charged as soon as
41       reasonably possible. If the hearing on such charge is continued for any
42       reason, the judge may note on the receipt the date to which such hearing
43       has been continued and such receipt shall be recognized as a valid tem-

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  1       porary Kansas driver's license until such date, but in no event shall such
  2       receipt be recognized as a valid Kansas driver's license for a period longer
  3       than 30 days from the date set for the original hearing. Any person who
  4       has deposited a driver's license with a police officer under this subsection
  5       (a) shall have such license returned upon final determination of the charge
  6       against such person.
  7             (2) In the event the person stopped deposits a valid Kansas driver's
  8       license with the police officer and fails to appear in the district court or
  9       municipal court on the date set for appearance, or any continuance
10       thereof, and in any event within 30 days from the date set for the original
11       hearing, the court shall forward such person's driver's license to the di-
12       vision of vehicles with an appropriate explanation attached thereto. Upon
13       receipt of such person's driver's license, the division shall suspend such
14       person's privilege to operate a motor vehicle in this state until such person
15       appears before the court having jurisdiction of the offense charged, the
16       court makes a final disposition thereof and notice of such disposition is
17       given by the court to the division. No new or replacement license shall
18       be issued to any such person until such notice of disposition has been
19       received by the division. The provisions of K.S.A. 8-256, and amendments
20       thereto, limiting the suspension of a license to one year, shall not apply
21       to suspensions for failure to appear as provided in this subsection (a).
22             (b) No person shall apply for a replacement or new driver's license
23       prior to the return of such person's original license which has been de-
24       posited in lieu of bond under this section. Violation of this subsection (b)
25       is a class C misdemeanor. The division may suspend such person's driver's
26       license for a period of not to exceed one year from the date the division
27       receives notice of the disposition of the person's charge as provided in
28       subsection (a).
29             (c)  (1) In lieu of depositing a valid Kansas driver's license with the
30       stopping police officer as provided in subsection (a), the person stopped
31       may elect to give bond in the amount specified in subsection (d) for the
32       offense for which the person was stopped. When such person does not
33       have a valid Kansas driver's license, such person shall give such bond.
34       Such bond shall be subject to forfeiture if the such person stopped does
35       not appear at the court and at the time specified in the written notice
36       provided for in K.S.A. 8-2106, and amendments thereto.
37             (2) Such bond may be a cash bond, a bank card draft from any valid
38       and unexpired credit card approved by the division of vehicles or super-
39       intendent of the Kansas highway patrol or a guaranteed arrest bond cer-
40       tificate issued by either a surety company authorized to transact such
41       business in this state or an automobile club authorized to transact business
42       in this state by the commissioner of insurance. If any of the approved
43       bank card issuers redeem the bank card draft at a discounted rate, such

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  1       discount shall be charged against the amount designated as the fine for
  2       the offense. If such bond is not forfeited, the amount of the bond less
  3       the discount rate shall be reimbursed to the person providing the bond
  4       by the use of a bank card draft. Any such guaranteed arrest bond certif-
  5       icate shall be signed by the person to whom it is issued and shall contain
  6       a printed statement that such surety company or automobile club guar-
  7       antees the appearance of such person and will, in the event of failure of
  8       such person to appear in court at the time of trial, will pay any fine or
  9       forfeiture imposed on such person not to exceed an amount to be stated
10       on such certificate.
11             (3) Such cash bond shall be taken in the following manner: The police
12       officer shall furnish the person stopped a stamped envelope addressed to
13       the judge or clerk of the court named in the written notice to appear and
14       the person shall place in such envelope the amount of the bond, and in
15       the presence of the police officer shall deposit the same in the United
16       States mail. After such cash payment, the person stopped need not sign
17       the written notice to appear, but the police officer shall note the amount
18       of the bond mailed on the notice to appear form and shall give a copy of
19       such form to the person. If the person stopped furnishes the police officer
20       with a guaranteed arrest bond certificate or bank card draft, the police
21       officer shall give such person a receipt therefor and shall note the amount
22       of the bond on the notice to appear form and give a copy of such form
23       to the person stopped. Such person need not sign the written notice to
24       appear, and the police officer shall present the notice to appear and the
25       guaranteed arrest bond certificate or bank card draft to the court having
26       jurisdiction of the offense charged as soon as reasonably possible.
27             (d) The offenses for which appearance bonds may be required as
28       provided in subsection (c) and the amounts thereof shall be as follows:
29             On and after July 1, 1996:
30       Reckless driving $82
31       Driving when privilege is canceled, suspended or revoked 82
32       Failure to comply with lawful order of officer 57
33       Registration violation (registered for 12,000 pounds or less) 52
34       Registration violation (registered for more than 12,000 pounds) 92
35       No driver's license for the class of vehicle operated or violation of restrictions 52
36       Spilling load on highway 52
37       Overload:
38      
39		Gross weight of vehicle or
combination of vehicles
an amount equal to the fine
plus docket fee
to be imposed if convicted

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1      
2		Gross weight upon any axle or
tandem, triple or quad axles
an amount equal to the fine
plus docket fee
to be imposed if convicted
3       Failure to obtain proper registration, clearance or to have current certification asrequired by K.S.A. 66-1324, and amendments thereto 272
4       Insufficient liability insurance for motor carriers pursuant to K.S.A. 66-1,128 or 66-1314, and amendments thereto 122
5       Failure to obtain interstate motor fuel tax authorization pursuant to K.S.A. 79-34,122,and amendments thereto 122
6       Improper equipment (glass or fire extinguishers) 52
7       No authority as private, contract or common carrier 122
8       No current driver's daily log 52
9       Invalid or no physical examination card 52
10       Transporting open container of alcoholic liquor or cereal malt beverage accessiblewhile vehicle in motion 223
11             (e) In the event of forfeiture of any bond under this section, $45 of
12       the amount forfeited shall be regarded as a docket fee in any court having
13       jurisdiction over the violation of state law.
14             (f) None of the provisions of this section shall be construed to conflict
15       with the provisions of the nonresident violator compact.
16             (g) When a person is stopped by a police officer for any traffic in-
17       fraction and the person is a resident of a state which is not a member of
18       the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments
19       thereto, or the person is licensed to drive under the laws of a foreign
20       country, the police officer may require a bond as provided for under
21       subsection (c). The bond shall be in the amount specified in the uniform
22       fine schedule in subsection (c) of K.S.A. 8-2118, and amendments
23       thereto, plus $45 which shall be regarded as a docket fee in any court
24       having jurisdiction over the violation of state law.
25             (h) When a person is stopped by a police officer for failure to provide
26       proof of financial security pursuant to K.S.A. 40-3104, and amendments
27       thereto, and the person is a resident of another state or the person is
28       licensed to drive under the laws of a foreign country, the police officer
29       may require a bond as provided for under subsection (c). The bond shall
30       be in the amount of $54, plus $45 which shall be regarded as a docket
31       fee in any court having jurisdiction over the violation of state law.
32             Sec.  4. K.S.A. 12-4104 is hereby amended to read as follows: 12-
33       4104. The municipal court of each city shall have jurisdiction to hear and
34       determine cases involving violations of the ordinances of the city, mis-
35       demeanors and traffic offenses as provided in section 1, and amendments
36       thereto. Search warrants shall not issue out of a municipal court.
37             Sec.  5. K.S.A. 22-2601 is hereby amended to read as follows: 22-

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  1       2601. Except as provided in section 1, and amendments thereto, the dis-
  2       trict court shall have exclusive jurisdiction to try all cases of felony and
  3       other criminal cases under the laws of the state of Kansas. 
  4       Sec.  6. K.S.A. 12-4104 and 22-2601 and K.S.A. 1998 Supp. 8-2106
  5       and 8-2107 are hereby repealed.
  6        Sec.  7. This act shall take effect and be in force from and after its
  7       publication in the statute book.