CHAPTER 145 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 existing section. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1997 Supp. 8-1568 is hereby amended to read as
follows: 8-1568. (a) Any driver of a motor vehicle who willfully fails or
refuses to bring such driver's vehicle to a stop, or who otherwise flees or
attempts to elude a pursuing police vehicle or police bicycle, when given
visual or audible signal to bring the vehicle to a stop, shall be guilty as
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 officer giving
such signal shall be in uniform, prominently displaying such officer's
badge of office, and the officer's vehicle or bicycle shall be appropriately
marked showing it to be an official police vehicle or police bicycle.

(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 K.S.A. 8-
1566 and amendments thereto; (D) is involved in any motor vehicle ac-
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 any felony,
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 misdemeanor.

(2) Every person convicted of violating subsection (a), upon a second
conviction of such subsection, shall be guilty of a class A nonperson mis-
demeanor.

(3) Every person convicted of violating subsection (a), upon a third
or subsequent conviction of such subsection, shall be guilty of a severity
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 probation
granted after such conviction. Forfeiture of bail, bond or collateral de-
posited to secure a defendant's appearance in court, which forfeiture has
not been vacated, shall be equivalent to a conviction.

(e) The division of vehicles of the department of revenue shall promote
public awareness of the provisions of this section when persons apply for
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

__________