Printable Format8-2115. Records of traffic cases; transmittal of abstracts to division; form; effect of noncompliance; public inspection of records; notice of final disposition of appeals. (a) Every municipal judge or judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this act or of any other law regulating the operation of vehicles on highways or for the violation of an ordinance of any city defining any offense the provisions of which are identical with provisions of this act, or fixing a limitation upon the speed of vehicles pursuant to the provisions of this act.
(b) Within 10 days after the conviction or forfeiture of bail or an appearance bond of a person upon a charge of violating any provisions of this act or other law or city ordinance regulating the operation of vehicles on highways, every judge or clerk of the court in which such conviction was had or bail or bond was forfeited shall prepare and immediately electronically forward to the division an abstract of the record of the court covering the case in which such person was so convicted or forfeited bail or bond. The abstract shall be forwarded in an electronic format approved by the division.
(c) Every court of record also shall forward a like electronic report to the division upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
(d) The failure, refusal or neglect of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be ground for removal therefrom.
(e) The division shall electronically file all abstracts received hereunder at its main office and the same shall be open to public inspection during reasonable business hours.
(f) The clerk of any court of record to which a conviction for violation of any of the laws described in subsection (a) has been appealed within 10 days of the final disposition of such appeal shall forward a notification of such final disposition to the division in an electronic format approved by the division.
History: L. 1974, ch. 33, § 8-2115; L. 1984, ch. 43, § 1; L. 1986, ch. 84, § 1; L. 1991, ch. 36, § 21; L. 1996, ch. 120, § 2; L. 2006, ch. 103, § 3; July 1, 2007.
Source or prior law:
8-5,131.
Cross References to Related Sections:
Duty of courts to report convictions of violations of motor vehicle drivers' license act, see 8-253.
Law Review and Bar Journal References:
Prior law (K.S.A. 8-5,131); drivers of federally-owned vehicles considered, opinion of attorney general, 7 K.L.R. 104 (1958).
Prior law (K.S.A. 8-5,131); drivers of city-owned vehicles considered, opinion of attorney general, 7 K.L.R. 545 (1959).
Prior law (K.S.A. 8-5,131); 1963-65 survey of criminal law and procedure, Paul E. Wilson and George D. Blackwood, Jr., 14 K.L.R. 221, 229 (1965).
Attorney General's Opinions:
Municipal courts; traffic violations; failure to appear. 84-43.
CASE ANNOTATIONS
1. Traffic conviction not "moving violation" where jury finding on guilt only of exceeding speed limit. State v. Herber, 1 Kan. App. 2d 732, 733, 573 P.2d 1112.
2. Certification of the abstract of conviction is mandatory. State v. Topping, 8 Kan. App. 2d 467, 469, 660 P.2d 578 (1983).
3. Provisions herein are mandatory; trial court can take judicial notice from own records to proceed on habitual violator question. State v. Shaffer, 14 Kan. App. 2d 282, 283, 788 P.2d 1341 (1990).