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HOUSE BILL No. 2221
AN ACT concerning state funds; relating to the alcohol and drug abuse treatment fund;
creating the Kansas department for aging and disability services alcohol and drug
abuse treatment fund; transferring moneys and liabilities of the department of
corrections alcohol and drug abuse treatment fund to the Kansas department for aging
and disability services alcohol and drug abuse treatment fund; abolishing the
department of corrections alcohol and drug abuse treatment fund; amending K.S.A.
74-7336 and K.S.A. 2024 Supp. 8-1567 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 8-1567 is hereby amended to read as
follows: 8-1567. (a) Driving under the influence is operating or
attempting to operate any vehicle within this state while:
(1) The alcohol concentration in the person's blood or breath as
shown by any competent evidence, including other competent
evidence, as defined in K.S.A. 8-1013(f)(1), and amendments thereto,
is 0.08 or more;
(2) the alcohol concentration in the person's blood or breath, as
measured within three hours of the time of operating or attempting to
operate a vehicle, is 0.08 or more;
(3) under the influence of alcohol to a degree that renders the
person incapable of safely driving a vehicle;
(4) under the influence of any drug or combination of drugs to a
degree that renders the person incapable of safely driving a vehicle; or
(5) under the influence of a combination of alcohol and any drug
or drugs to a degree that renders the person incapable of safely driving
a vehicle.
(b) (1) Driving under the influence is:
(A) On a first conviction, a class B, nonperson misdemeanor. The
person convicted shall be sentenced to not less than 48 consecutive
hours nor more than six months' imprisonment, or in the court's
discretion 100 hours of public service, and fined not less than $750 nor
more than $1,000;
(B) on a second conviction, a class A, nonperson misdemeanor.
The person convicted shall be sentenced to not less than 90 days nor
more than one year's imprisonment and fined not less than $1,250 nor
more than $1,750. The following conditions shall apply to such
sentence:
(i) As a condition of any probation granted under this subsection,
the person shall serve at least 120 hours of confinement. The hours of
confinement shall include at least 48 hours of imprisonment and
otherwise may be served by a combination of: Imprisonment; a work
release program, if such work release program requires such person to
return to the confinement at the end of each day in the work release
program; or a house arrest program pursuant to K.S.A. 21-6609, and
amendments thereto;
(ii) (a) if the person is placed into a work release program or
placed under a house arrest program for any portion of the minimum of
120 hours of confinement mandated by this subsection, the person shall
receive hour-for-hour credit for time served in such program until the
minimum sentence is met. If the person is placed into a work release
program or placed under a house arrest program for more than the
minimum of 120 hours of confinement mandated by this subsection,
the person shall receive hour-for-hour credit for time served in such
program until the minimum of 120 hours of confinement is completed,
and thereafter, the person shall receive day-for-day credit for time
served in such program unless otherwise ordered by the court; and
(b) when in a work release program, the person shall only be given
credit for the time served in confinement at the end of and continuing to
the beginning of the person's work day. When under a house arrest
program, the person shall be monitored by an electronic monitoring
device that verifies the person's location and shall only be given credit
for the time served within the boundaries of the person's residence;
(C) on a third conviction, a class A, nonperson misdemeanor,
except as provided in subsection (b)(1)(D). The person convicted shall
be sentenced to not less than 90 days nor more than one year's
HOUSE BILL No. 2221—page 2
imprisonment and fined not less than $1,750 nor more than $2,500. The
following conditions shall apply to such sentence:
(i) As a condition of any probation granted under this subsection,
the person shall serve at least 30 days of confinement. After at least 48
consecutive hours of imprisonment, the remainder of the period of
confinement may be served by a combination of: Imprisonment; a work
release program, if such work release program requires such person to
return to the confinement at the end of each day in the work release
program; or a house arrest program pursuant to K.S.A. 21-6609, and
amendments thereto; and
(ii) (a) if the person is placed into a work release program or
placed under a house arrest program for any portion of the minimum of
30 days of confinement mandated by this subsection, the person shall
receive hour-for-hour credit for time served in such program for the
first 240 hours of confinement, and thereafter, the person shall receive
day-for-day credit for time served in such program unless otherwise
ordered by the court; and
(b) when in a work release program, the person shall only be given
credit for the time served in confinement at the end of and continuing to
the beginning of the person's work day. When under a house arrest
program, the person shall be monitored by an electronic monitoring
device that verifies the person's location and shall only be given credit
for the time served within the boundaries of the person's residence;
(D) on a third conviction, a severity level 6, nonperson felony if
the person has a prior conviction which occurred within the preceding
10 years, not including any period of incarceration. The following
conditions shall apply to such sentence:
(i) As a condition of any probation granted under this subsection,
the person shall serve at least 30 days of confinement. After at least 48
consecutive hours of imprisonment, the remainder of the period of
confinement may be served by a combination of: Imprisonment; a work
release program, if such work release program requires such person to
return to the confinement at the end of each day in the work release
program; or a house arrest program pursuant to K.S.A. 21-6609, and
amendments thereto; and
(ii) (a) if the person is placed into a work release program or
placed under a house arrest program for any portion of the minimum of
30 days of confinement mandated by this subsection, the person shall
receive hour-for-hour credit for time served in such program for the
first 240 hours of confinement, and thereafter, the person shall receive
day-for-day credit for time served in such program unless otherwise
ordered by the court; and
(b) when in a work release program, the person shall only be given
credit for the time served in confinement at the end of and continuing to
the beginning of the person's work day. When under a house arrest
program, the person shall be monitored by an electronic monitoring
device that verifies the person's location and shall only be given credit
for the time served within the boundaries of the person's residence; and
(E) on a fourth or subsequent conviction, a severity level 6,
nonperson felony. The following conditions shall apply to such
sentence:
(i) As a condition of any probation granted under this subsection,
the person shall serve at least 30 days of confinement. After at least 48
consecutive hours of imprisonment, the remainder of the period of
confinement may be served by a combination of: Imprisonment; a work
release program, if such work release program requires such person to
return to the confinement at the end of each day in the work release
program; or a house arrest program pursuant to K.S.A. 21-6609, and
amendments thereto; and
HOUSE BILL No. 2221—page 3
(ii) (a) if the person is placed into a work release program or
placed under a house arrest program for any portion of the minimum of
30 days of confinement mandated by this subsection, the person shall
receive hour-for-hour credit for time served in such program for the
first 240 hours of confinement, and thereafter, the person shall receive
day-for-day credit for time served in such program unless otherwise
ordered by the court; and
(b) when in a work release program, the person shall only be given
credit for the time served in confinement at the end of and continuing to
the beginning of the person's work day. When under a house arrest
program, the person shall be monitored by an electronic monitoring
device that verifies the person's location and shall only be given credit
for the time served within the boundaries of the person's residence.
(2) (A) The court may order that the term of imprisonment
imposed pursuant to subsection (b)(1)(D) or (b)(1)(E) be served in a
state facility in the custody of the secretary of corrections in a facility
designated by the secretary for the provision of substance abuse
treatment pursuant to the provisions of K.S.A. 21-6804, and
amendments thereto. The secretary of corrections may refuse to admit
the person to the designated facility and place the person in a different
state facility, or admit the person and subsequently transfer the person
to a different state facility, if the secretary determines: (i) That
substance abuse treatment resources or the capacity of the facility
designated by the secretary for the incarceration and treatment of the
person is not available; (ii) the person has failed to meaningfully
participate in the treatment program of the designated facility; (iii) the
person is disruptive to the security or operation of the designated
facility; or (iv) the medical or mental health condition of the person
renders the person unsuitable for confinement at the designated facility.
The determination by the secretary that the person either is not to be
admitted into the designated facility or is to be transferred from the
designated facility is not subject to review.
(B) In addition to the provisions of subsection (b)(1), for any
conviction pursuant to subsection (b)(1)(D) or (b)(1)(E), if the person is
granted probation, the court shall determine whether the person shall be
supervised by community correctional services or court services based
on the risk and needs of the person. The risk and needs of the person
shall be determined by use of a risk assessment tool specified by the
Kansas sentencing commission. During the probation supervision, the
person shall be required to participate in a multidisciplinary model of
services for substance use disorders facilitated by a Kansas department
for aging and disability services designated care coordination agency to
include assessment and, if appropriate, referral to a community based
substance use disorder treatment including recovery management and
mental health counseling as needed. The multidisciplinary team shall
include the designated care coordination agency, the supervision
officer, the Kansas department for aging and disability services
designated treatment provider and the person.
(3) In addition to the provisions of subsection (b)(1), for any
conviction pursuant to subsection (b)(1)(C), at the time of the filing of
the judgment form or journal entry as required by K.S.A. 21-6711 or
22-3426, and amendments thereto, the court shall cause a certified copy
to be sent to the officer having the person in charge. The court shall
determine whether the person, upon release from imprisonment, shall
be supervised by community correctional services or court services
based upon the risk and needs of the person. The risk and needs of the
person shall be determined by use of a risk assessment tool specified by
the Kansas sentencing commission. The law enforcement agency
maintaining custody and control of a person for imprisonment shall
HOUSE BILL No. 2221—page 4
cause a certified copy of the judgment form or journal entry to be sent
to the supervision office designated by the court and upon expiration of
the term of imprisonment shall deliver the person to a location
designated by the supervision office designated by the court. After the
term of imprisonment imposed by the court, the person shall be placed
on supervision to community correctional services or court services, as
determined by the court, for a mandatory one-year period of
supervision, which such period of supervision shall not be reduced.
During such supervision, the person shall be required to participate in a
multidisciplinary model of services for substance use disorders
facilitated by a Kansas department for aging and disability services
designated care coordination agency to include assessment and, if
appropriate, referral to a community based substance use disorder
treatment including recovery management and mental health
counseling as needed. The multidisciplinary team shall include the
designated care coordination agency, the supervision officer, the
Kansas department for aging and disability services designated
treatment provider and the person. A person for whom a warrant has
been issued by the court alleging a violation of this supervision shall be
considered a fugitive from justice if it is found that the warrant cannot
be served. If it is found that the person has violated the provisions of
this supervision, the court shall determine whether the time from the
issuing of the warrant to the date of the court's determination of an
alleged violation, or any part of it, shall be counted as time served on
supervision. Any violation of the conditions of such supervision may
subject such person to revocation of supervision and imprisonment in
jail for the remainder of the period of imprisonment, the remainder of
the supervision period, or any combination or portion thereof. The term
of supervision may be extended at the court's discretion beyond one
year, and any violation of the conditions of such extended term of
supervision may subject such person to the revocation of supervision
and imprisonment in jail of up to the remainder of the original sentence,
not the term of the extended supervision.
(4) In addition to the provisions of subsection (b)(1), prior to
sentencing for any conviction pursuant to subsection (b)(1)(A) or (b)(1)
(B), the court shall order the person to participate in an alcohol and
drug evaluation conducted by a provider in accordance with K.S.A. 8-
1008, and amendments thereto. The person shall be required to follow
any recommendation made by the provider after such evaluation, unless
otherwise ordered by the court.
(c) Any person 18 years of age or older convicted of violating this
section or an ordinance which prohibits the acts that this section
prohibits who had one or more children under the age of 18 years in the
vehicle at the time of the offense shall have such person's punishment
enhanced by one month of imprisonment. This imprisonment must be
served consecutively to any other minimum mandatory penalty
imposed for a violation of this section or an ordinance which prohibits
the acts that this section prohibits. Any enhanced penalty imposed shall
not exceed the maximum sentence allowable by law. During the service
of the enhanced penalty, the judge may order the person on house
arrest, work release or other conditional release.
(d) If a person is charged with a violation of subsection (a)(4) or
(a)(5), the fact that the person is or has been entitled to use the drug
under the laws of this state shall not constitute a defense against the
charge.
(e) The court may establish the terms and time for payment of any
fines, fees, assessments and costs imposed pursuant to this section. Any
assessment and costs shall be required to be paid not later than 90 days
after imposed, and any remainder of the fine shall be paid prior to the
HOUSE BILL No. 2221—page 5
final release of the person by the court.
(f) (1) In lieu of payment of a fine imposed pursuant to this
section, the court may order that the person perform community service
specified by the court. The person shall receive a credit on the fine
imposed in an amount equal to $5 for each full hour spent by the person
in the specified community service. The community service ordered by
the court shall be required to be performed not later than one year after
the fine is imposed or by an earlier date specified by the court. If by the
required date the person performs an insufficient amount of community
service to reduce to zero the portion of the fine required to be paid by
the person, the remaining balance of the fine shall become due on that
date.
(2) The court may, in its discretion, waive any portion of a fine
imposed pursuant to this section, except the $250 required to be
remitted to the state treasurer pursuant to subsection (q)(2) (q)(3), upon
a showing that the person successfully completed court-ordered
education or treatment.
(g) Prior to filing a complaint alleging a violation of this section, a
prosecutor shall request and shall receive from the:
(1) Division a record of all prior convictions obtained against such
person for any violations of any of the motor vehicle laws of this state;
and
(2) Kansas bureau of investigation central repository all criminal
history record information concerning such person.
(h) The court shall electronically report every conviction of a
violation of this section and every diversion agreement entered into in
lieu of further criminal proceedings on a complaint alleging a violation
of this section to the division including any finding regarding the
alcohol concentration in the person's blood or breath. Prior to
sentencing under the provisions of this section, the court shall request
and shall receive from the division a record of all prior convictions
obtained against such person for any violations of any of the motor
vehicle laws of this state.
(i) For the purpose of determining whether a conviction is a first,
second, third, fourth or subsequent conviction in sentencing under this
section:
(1) Convictions for a violation of this section, or a violation of an
ordinance of any city or resolution of any county that prohibits the acts
that this section prohibits, or entering into a diversion agreement in lieu
of further criminal proceedings on a complaint alleging any such
violations, shall be taken into account, but only convictions or
diversions occurring on or after July 1, 2001. Nothing in this provision
shall be construed as preventing any court from considering any
convictions or diversions occurring during the person's lifetime in
determining the sentence to be imposed within the limits provided for a
first, second, third, fourth or subsequent offense;
(2) any convictions for a violation of the following sections
occurring during a person's lifetime shall be taken into account:
(A) Driving a commercial motor vehicle under the influence,
K.S.A. 8-2,144, and amendments thereto;
(B) operating a vessel under the influence of alcohol or drugs,
K.S.A. 32-1131, and amendments thereto;
(C) involuntary manslaughter while driving under the influence of
alcohol or drugs, K.S.A. 21-3442, prior to its repeal, or K.S.A. 21-
5405(a)(3) or (a)(5), and amendments thereto;
(D) aggravated battery as described in K.S.A. 21-5413(b)(3) or (b)
(4), and amendments thereto; and
(E) aggravated vehicular homicide, K.S.A. 21-3405a, prior to its
repeal, or vehicular battery, K.S.A. 21-3405b, prior to its repeal, if the
HOUSE BILL No. 2221—page 6
crime was committed while committing a violation of K.S.A. 8-1567,
and amendments thereto;
(3) "conviction" includes:
(A) Entering into a diversion agreement in lieu of further criminal
proceedings on a complaint alleging an offense described in subsection
(i)(2); and
(B) conviction of a violation of an ordinance of a city in this state,
a resolution of a county in this state or any law of another jurisdiction
that would constitute an offense that is comparable to the offense
described in subsection (i)(1) or (i)(2);
(4) multiple convictions of any crime described in subsection (i)
(1) or (i)(2) arising from the same arrest shall only be counted as one
conviction;
(5) it is irrelevant whether an offense occurred before or after
conviction for a previous offense; and
(6) a person may enter into a diversion agreement in lieu of further
criminal proceedings for a violation of this section, and amendments
thereto, or an ordinance which prohibits the acts of this section, and
amendments thereto, only once during the person's lifetime.
(j) For the purposes of determining whether an offense is
comparable, the following shall be considered:
(1) The name of the out-of-jurisdiction offense;
(2) the elements of the out-of-jurisdiction offense; and
(3) whether the out-of-jurisdiction offense prohibits similar
conduct to the conduct prohibited by the closest approximate Kansas
offense.
(k) Upon conviction of a person of a violation of this section or a
violation of a city ordinance or county resolution prohibiting the acts
prohibited by this section, the division, upon receiving a report of
conviction, shall suspend, restrict or suspend and restrict the person's
driving privileges as provided by K.S.A. 8-1014, and amendments
thereto.
(l) (1) Nothing contained in this section shall be construed as
preventing any city from enacting ordinances, or any county from
adopting resolutions, declaring acts prohibited or made unlawful by this
act as unlawful or prohibited in such city or county and prescribing
penalties for violation thereof.
(2) The minimum penalty prescribed by any such ordinance or
resolution shall not be less than the minimum penalty prescribed by this
section for the same violation, and the maximum penalty in any such
ordinance or resolution shall not exceed the maximum penalty
prescribed for the same violation.
(3) On and after July 1, 2007, and retroactive for ordinance
violations committed on or after July 1, 2006, an ordinance may grant
to a municipal court jurisdiction over a violation of such ordinance
which is concurrent with the jurisdiction of the district court over a
violation of this section, notwithstanding that the elements of such
ordinance violation are the same as the elements of a violation of this
section that would constitute, and be punished as, a felony.
(4) Any such ordinance or resolution shall authorize the court to
order that the convicted person pay restitution to any victim who
suffered loss due to the violation for which the person was convicted.
(m) (1) Upon the filing of a complaint, citation or notice to appear
alleging a person has violated a city ordinance prohibiting the acts
prohibited by this section, and prior to conviction thereof, a city
attorney shall request and shall receive from the:
(A) Division a record of all prior convictions obtained against
such person for any violations of any of the motor vehicle laws of this
state; and
HOUSE BILL No. 2221—page 7
(B) Kansas bureau of investigation central repository all criminal
history record information concerning such person.
(2) If the elements of such ordinance violation are the same as the
elements of a violation of this section that would constitute, and be
punished as, a felony, the city attorney shall refer the violation to the
appropriate county or district attorney for prosecution.
(n) No plea bargaining agreement shall be entered into nor shall
any judge approve a plea bargaining agreement entered into for the
purpose of permitting a person charged with a violation of this section,
or a violation of any ordinance of a city or resolution of any county in
this state which prohibits the acts prohibited by this section, to avoid
the mandatory penalties established by this section or by the ordinance.
For the purpose of this subsection, entering into a diversion agreement
pursuant to K.S.A. 12-4413 et seq. or 22-2906 et seq., and amendments
thereto, shall not constitute plea bargaining. This subsection shall not
be construed to prohibit an amendment or dismissal of any charge
where the admissible evidence is not sufficient to support a conviction
beyond a reasonable doubt on such charge.
(o) The alternatives set out in subsection (a) may be pleaded in the
alternative, and the state, city or county may, but shall not be required
to, elect one or more of such alternatives prior to submission of the case
to the fact finder.
(p) As used in this section:
(1) "Alcohol concentration" means the number of grams of
alcohol per 100 milliliters of blood or per 210 liters of breath;
(2) "imprisonment" includes any restrained environment in which
the court and law enforcement agency intend to retain custody and
control of a person and such environment has been approved by the
board of county commissioners or the governing body of a city; and
(3) "drug" includes toxic vapors as such term is defined in K.S.A.
21-5712, and amendments thereto.
(q) (1) The amount of the increase in fines as specified in this
section shall be remitted by the clerk of the district court to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of remittance of the increase
provided in this act, the state treasurer shall deposit the entire amount in
the state treasury and the state treasurer shall credit 50% to the
community alcoholism and intoxication programs fund and 50% to the
department of corrections Kansas department for aging and disability
services alcohol and drug abuse treatment fund, which is hereby created
in the state treasury.
(2) On July 1, 2025, the director of accounts and reports shall
transfer all moneys in the department of corrections alcohol and drug
abuse treatment fund to the Kansas department for aging and disability
services alcohol and drug abuse treatment fund. On July 1, 2025, all
liabilities of the department of corrections alcohol and drug abuse
treatment fund are hereby transferred and imposed on the Kansas
department for aging and disability services alcohol and drug abuse
treatment fund, and the department of corrections alcohol and drug
abuse treatment fund is hereby abolished.
(2)(3) On and after July 1, 2011, the amount of $250 from each
fine imposed pursuant to this section shall be remitted by the clerk of
the district court to the state treasurer in accordance with the provisions
of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall credit the entire amount to the
community corrections supervision fund established by K.S.A. 75-
52,113, and amendments thereto.
Sec. 2. K.S.A. 74-7336 is hereby amended to read as follows: 74-
7336. (a) Of the remittances of fines, penalties and forfeitures received
HOUSE BILL No. 2221—page 8
from clerks of the district court, at least monthly, the state treasurer
shall credit:
(1) 10.7% to the crime victims compensation fund;
(2) 2.19% to the crime victims assistance fund;
(3) 2.69% to the community alcoholism and intoxication programs
fund;
(4) 7.48% to the department of corrections Kansas department for
aging and disability services alcohol and drug abuse treatment fund;
(5) 0.16% to the boating fee fund;
(6) 0.11% to the children's advocacy center fund;
(7) 2.23% to the EMS revolving fund;
(8) 2.23% to the trauma fund;
(9) 2.23% to the traffic records enhancement fund;
(10) 4.31% to the criminal justice information system line fund;
(11) 2.2% to the seat belt safety fund; and
(12) the remainder of the remittances to the state general fund.
(b) The county treasurer shall deposit grant moneys as provided in
subsection (a), from the crime victims assistance fund, to the credit of a
special fund created for use by the county or district attorney in
establishing and maintaining programs to aid witnesses and victims of
crime.
Sec. 3. K.S.A. 74-7336 and K.S.A. 2024 Supp. 8-1567 are hereby
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.