Printable Format8-1611. Reports by law enforcement officers investigating accidents. (a) Every law enforcement officer who:
(1) Investigates a vehicle accident of which a report must be made as required in this article; or
(2) otherwise prepares a written report as a result of an investigation either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, when such accident under paragraphs (1) or (2) results in injury or death to any person or total damage to all property to an apparent extent of $1,000 or more, shall forward a written report of such accident to the department of transportation within 10 days after investigation of the accident.
(b) Such written reports required to be forwarded by law enforcement officers and the information contained therein shall not be privileged or held confidential.
(c) The provisions of this section shall be deemed to be satisfied by the electronic submission of reports prepared by computer and containing the information required to be included in written reports. The format of such electronic reports and the frequency of submission must be acceptable to the secretary of transportation.
History: L. 1974, ch. 33, § 8-1611; L. 1975, ch. 427, § 31; L. 1985, ch. 52, § 2; L. 1989, ch. 42, § 2; L. 2004, ch. 133, § 2; January 1, 2005.
Source or prior law:
8-523(d).
Law Review and Bar Journal References:
Application of prior law (K.S.A. 8-523) to drivers of federally-owned vehicles discussed, opinion of attorney general, 7 K.L.R. 104 (1958).
Attorney General's Opinions:
State approval authority for motor vehicle accident prevention courses; discount for motor vehicle insurance. 93-96.
CASE ANNOTATIONS
1. Within equitable power of court to correct or expunge police reports. Bradford v. Mahan, 219 Kan. 450, 451, 454, 457, 548 P.2d 1223.
2. Prearrest inquiry of driver during investigation of accident as noncustodial interrogation noted; no violation of Miranda rules. State v. Almond, 15 Kan. App. 2d 585, 587, 811 P.2d 529 (1991).
3. Admission of evidence discovered by officer in acquiring information to investigate and report on accident upheld. State v. Canaan, 265 Kan. 835, 842, 964 P.2d 681 (1998).