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Session of 2000
          HOUSE BILL No. 2699           By Representatives Boston and Hutchins           1-24          

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10             AN  ACT concerning driving under the influence; providing for an as-
11             sessment to purchase law enforcement equipment.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) In addition to any fines, fees, penalties or costs levied
15       against a person who is convicted of a violation of K.S.A. 8-1567, and
16       amendments thereto, or the ordinance of a city in this state which pro-
17       hibits the acts prohibited by that statute, or who enters a diversion agree-
18       ment in lieu of further criminal proceedings on a complaint alleging a
19       violation of that statute or such an ordinance, $100 shall be assessed
20       against the person by the sentencing court or under the diversion agree-
21       ment. The $100 assessment may be waived by the court or, in the case
22       of diversion of criminal proceedings, by the prosecuting attorney, if the
23       court or prosecuting attorney finds that the defendant is an indigent per-
24       son. The moneys collected under the provisions of this section shall be
25       distributed to the city, county or state law enforcement agency that made
26       the arrest. In the event that more than one law enforcement agency is
27       responsible for the arrest, the $100 shall be shared equally by such
28       agencies.
29             (b) Upon filing in the district court a complaint pursuant to K.S.A.
30       8-1567, and amendments thereto, the county or district attorney shall
31       specify the city, county or state law enforcement agency or agencies to
32       receive the funds collected pursuant to this section. If more than one
33       entity is to receive funding, the amount to be received by each entity shall
34       be specified.
35             (c) Any moneys received by a law enforcement agency under this
36       section shall be used to purchase law enforcement equipment that will
37       assist in the prevention of alcohol and drug related crimes. Such law
38       enforcement equipment shall include, but not be limited to, in-car video
39       cameras, radar and laser speed detection devices and blood or breath
40       alcohol concentration testing equipment.
41             (d)  (1) If the law enforcement agency responsible for the arrest is a
42       county agency, the clerk of the court shall remit to the county treasurer
43       and the county treasurer shall deposit the entire amount in the county

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  1       treasury and credit such amount to the appropriate county law enforce-
  2       ment agency fund;
  3             (2) if the law enforcement agency responsible for the arrest is a state
  4       law enforcement agency, the clerk of the court shall remit to the state
  5       treasurer who shall deposit the entire amount thereof in the state treasury
  6       and credit such amount to the appropriate state law enforcement agency
  7       funds;
  8             (3) if the law enforcement agency responsible for the arrest is a city
  9       law enforcement agency, the clerk of the court shall remit to the city
10       treasurer and the city treasurer shall deposit the entire amount in the city
11       treasury and credit such amount to the appropriate city law enforcement
12       agency fund; or
13             (4) if more than one law enforcement agency is responsible for the
14       arrest, the amount shall be distributed equally among the city, county and
15       state law enforcement agencies involved and credit such amount to the
16       appropriate city, county or state law enforcement funds.
17        Sec.  2. This act shall take effect and be in force from and after its
18       publication in the statute book.