Hit and Run Laws in
In the state of Kansas, hit and run drivers now face a felony charge for
leaving the scene of a fatal accident
Kansas governor signs highway safety bills
Gov. Kathleen Sebelius has signed a handful of bills into law intended to make roadways in Kansas safer.
One new law requires people driving on a four-lane highway to move into the left lane before passing road crews or emergency vehicles that are parked by the road with their lights flashing. If it is not practical to merge into the furthest lane away from an emergency or construction vehicle, drivers must slow down on approach before passing.
The safety provision S411 takes effect in July. Violators will receive warnings not tickets until July 1, 2007. At that time, those found in violation would face a $180 fine.
Another bill signed into law, previously H2916, requires that drivers convicted of second, third or fourth drunken driving offenses to have their drivers licenses suspended for two years. After the first year, those convicted could have their driving privileges restored if they can show proof of the installation of an ignition interlock device.
The devices provide immediate breath tests to determine if a driver has consumed alcohol.
The new rule takes effect July 1.
One other bill signed into law would establish more severe penalties for leaving the scene of an automobile accident.
The law, previously H2748, makes it a felony to leave the scene of an automobile accident where someone was seriously injured or killed. Under existing state law, leaving the scene of an injury accident is only a misdemeanor.
It also makes it a misdemeanor to leave the scene of an injury accident or
accident with property damage in excess of $1,000.
Chapter 8.--AUTOMOBILES AND OTHER VEHICLES
8-1602. Accident involving death or personal injury; duties of drivers, reports; penalties for violations; revocation of license, permit or driving privileges. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of K.S.A. 8-1604. Every such stop shall be made without obstructing traffic more than is necessary.
(b) Any person failing to stop or to comply with said requirements under such circumstances shall be guilty of a class A misdemeanor.
(c) The director may revoke the license or permit to drive or any nonresident operating privilege of any person so convicted.
History: L. 1974, ch. 33, § 8-1602; July 1.
Chapter 21.--CRIMES AND PUNISHMENTS
21-4502. Classification of misdemeanors and terms of confinement; possible disposition. (1) For the purpose of sentencing, the following classes of misdemeanors and the punishment and the terms of confinement authorized for each class are established:
(a) Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year.
(b) Class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months.
(c) Class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month.
(d) Unclassified misdemeanors, which shall include all crimes declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor.
(2) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in K.S.A. 21-4503 and amendments thereto, instead of or in addition to confinement, as provided in this section.
(3) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the misdemeanor was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the chief judge of the judicial district or licensed by the secretary of social and rehabilitation services.
(4) Except as provided in subsection (5), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having committed, while under 21 years of age, a misdemeanor under the uniform controlled substances act (K.S.A. 65-4101 et seq. and amendments thereto), K.S.A. 41-719, 41-727, 65-4152, 65-4153, 65-4154 or 65-4155 or 8-1599, and amendments thereto, the court shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not to exceed the fee established by that statute for such evaluation. If the court finds that the person is indigent, the fee may be waived.
(5) If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (4) are permissive and not mandatory.
History: L. 1969, ch. 180, § 21-4502; L. 1977, ch. 117, § 2; L. 1979, ch. 90, § 4; L. 1989, ch. 95, § 4; L. 1996, ch. 211, § 5; L. 1999, ch. 57, § 28; July 1.
Chapter 21.--CRIMES AND PUNISHMENTS
PART I.--GENERAL PROVISIONS
21-3106. Time limitations.
(1) A prosecution for murder may be commenced at any time.
(2) Except as provided by subsections (7) and (9), a prosecution for any of the following crimes must be commenced within five years after its commission if the victim is less than 16 years of age: (a) Indecent liberties with a child as defined in K.S.A. 21-3503 and amendments thereto; (b) aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and amendments thereto; (c) enticement of a child as defined in K.S.A. 21-3509 and amendments thereto; (d) indecent solicitation of a child as defined in K.S.A. 21-3510 and amendments thereto; (e) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511 and amendments thereto; (f) sexual exploitation of a child as defined in K.S.A. 21-3516 and amendments thereto; or (g) aggravated incest as defined in K.S.A. 21-3603 and amendments thereto.
(3) Except as provided in subsection (9), a prosecution for any crime must be commenced within 10 years after its commission if the victim is the Kansas public employees retirement system.
(4) Except as provided by subsections (7) and (9), a prosecution for rape, as defined in K.S.A. 21-3502 and amendments thereto, or aggravated criminal sodomy, as defined in K.S.A. 21-3506 and amendments thereto, must be commenced within five years after its commission.
(5) Except as provided in subsection (9), a prosecution for any crime found in the Kansas medicaid fraud control act must be commenced within five years after its commission.
(6) Except as provided by subsection (9), a prosecution for the crime of arson, as defined in K.S.A. 21-3718 and amendments thereto, or aggravated arson, as defined in K.S.A. 21-3719 and amendments thereto, must be commenced within five years after its commission.
(7) (a) Except as provided in subsection (9), a prosecution for any offense provided in subsection (2) or a sexually violent offense as defined in K.S.A. 22-3717, and amendments thereto, must be commenced within the limitation of time provided by the law pertaining to such offense or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.
(b) For purposes of this section, "DNA" means deoxyribonucleic acid.
(8) Except as provided by subsection (9), a prosecution for any crime not governed by subsections (1), (2), (3), (4), (5), (6) and (7) must be commenced within two years after it is committed.
(9) The period within which a prosecution must be commenced shall not include any period in which:
(a) The accused is absent from the state;
(b) the accused is concealed within the state so that process cannot be served upon the accused;
(c) the fact of the crime is concealed;
(d) a prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal;
(e) an administrative agency is restrained by court order from investigating or otherwise proceeding on a matter before it as to any criminal conduct defined as a violation of any of the provisions of article 41 of chapter 25 and article 2 of chapter 46 of the Kansas Statutes Annotated which may be discovered as a result thereof regardless of who obtains the order of restraint; or
(f) whether or not the fact of the crime is concealed by the active act or conduct of the accused, there is substantially competent evidence to believe two or more of the following factors are present: (i) The victim was a child under 15 years of age at the time of the crime; (ii) the victim was of such age or intelligence that the victim was unable to determine that the acts constituted a crime; (iii) the victim was prevented by a parent or other legal authority from making known to law enforcement authorities the fact of the crime whether or not the parent or other legal authority is the accused; and (iv) there is substantially competent expert testimony indicating the victim psychologically repressed such witness' memory of the fact of the crime, and in the expert's professional opinion the recall of such memory is accurate and free of undue manipulation, and substantial corroborating evidence can be produced in support of the allegations contained in the complaint or information but in no event may a prosecution be commenced as provided in this section later than the date the victim turns 28 years of age. Corroborating evidence may include, but is not limited to, evidence the defendant committed similar acts against other persons or evidence of contemporaneous physical manifestations of the crime. "Parent or other legal authority" shall include but not be limited to natural and stepparents, grandparents, aunts, uncles or siblings.