Classifying crimes related to driving under the influence and driving a commercial vehicle under the influence as person crimes.

Session of 2026
HOUSE BILL No. 2498
By Committee on Judiciary
Requested by Representative Osman on behalf of Representative McDonald
1-21
AN ACT concerning crimes, punishment and criminal procedure; relating
to driving under the influence; classifying crimes related to driving
under the influence and driving a commercial vehicle under the
influence as person crimes; amending K.S.A. 8-2,144 and K.S.A. 2025
Supp. 8-1567 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-2,144 is hereby amended to read as follows: 8-
2,144. (a) Driving a commercial motor vehicle under the influence is
operating or attempting to operate any commercial motor vehicle, as
defined in K.S.A. 8-2,128, and amendments thereto, 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 0.04 or more;
(2) the alcohol concentration in the person's blood or breath, as
measured within three hours of the time of driving a commercial motor
vehicle, is 0.04 or more; or
(3) committing a violation of K.S.A. 8-1567(a), and amendments
thereto, or the ordinance of a city or resolution of a county which that
prohibits any of the acts prohibited thereunder or is otherwise comparable.
(b) (1) Driving a commercial motor vehicle under the influence is:
(A) On a first conviction, a class B, nonperson person 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 person
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
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HB 2498 2
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 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; and
(C) on a third or subsequent conviction, a severity level 6, nonperson
person 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
(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
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HB 2498 3
time served within the boundaries of the person's residence.
(2) In addition, 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 a violation of
this section, or a violation of a city ordinance or county resolution
prohibiting the acts prohibited by this section, 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 shall be served consecutively to any
other minimum mandatory penalty imposed for a violation of this section,
or a violation of a city ordinance or county resolution prohibiting the acts
prohibited by this section. 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 K.S.A. 8-1567(a)(4) or
(a)(5), and amendments thereto, as incorporated in this section, 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 final
release of the defendant 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), 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
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HB 2498 4
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 to the division. Prior to sentencing under the
provisions of this section, the court shall request and shall receive from
the:
(1) Division a record of all prior convictions obtained against such
person for any violation 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.
(i) 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:
(1) Disqualify the person from driving a commercial motor vehicle
under K.S.A. 8-2,142, and amendments thereto; and
(2) suspend, restrict or suspend and restrict the person's driving
privileges as provided by K.S.A. 8-1014, and amendments thereto.
(j) (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 section 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) 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.
(k) (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 of vehicles a record of all prior convictions obtained
against such person for any violations of any of the motor vehicle laws of
this state; and
(B) Kansas bureau of investigation central repository all criminal
history record information concerning such person.
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HB 2498 5
(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. The county or
district attorney shall accept such referral and pursue a disposition of such
violation, and shall not refer any such violation back to the city attorney.
(l) 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
that prohibits the acts prohibited by this section, to avoid the mandatory
penalties established by this section or by the ordinance or resolution. 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.
(m) 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.
(n) For the purpose of determining whether a conviction is a first,
second, third or subsequent conviction in sentencing under this section:
(1) Convictions for a violation of K.S.A. 8-1567, and amendments
thereto, or a violation of an ordinance of any city or resolution of any
county that prohibits the acts that such 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) This section;
(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
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HB 2498 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 a violation of a crime described in
subsection (n)(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 (n)(1) or (n)(2);
(4) it is irrelevant whether an offense occurred before or after
conviction for a previous offense; and
(5) multiple convictions of any crime described in subsection (n)(1)
or (n)(2) arising from the same arrest shall only be counted as one
conviction.
(o) 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.
(p) For the purpose of 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
defendant 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) 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. 2025 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;
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HB 2498 7
(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 person 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 person
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
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HB 2498 8
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 person 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 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 person felony
if the person has a prior conviction which that 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-
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HB 2498 9
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 person 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
(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
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HB 2498 10
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 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
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HB 2498 11
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 that 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 that 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.
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(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 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)(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
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HB 2498 13
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
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 that 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
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HB 2498 14
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 that 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
(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
that 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
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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 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.
(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. 3. K.S.A. 8-2,144 and K.S.A. 2025 Supp. 8-1567 are hereby
repealed.
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Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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