Source or Prior Law:

21-127, 21-128, 62-102, 62-103, 62-104, 62-105.

Law Review and Bar Journal References:

"The Kansas Habitual Criminal Act," Bruce E. Miller, 9 W.L.J. 244, 255 (1970).

"Criminal Law, Constitutional Law—Right to Counsel for the Indigent Misdemeanant," Lawrence J. Beilman, 9 W.L.J. 469, 473 (1970).

"Criminal Law: The Demise of the Fleeing Felon Rule [Tennessee v. Garner, 105 S.Ct. 1694 (1985)]," Jane E. Lindhout, 25 W.L.J. 164, 166 (1985).

"A Quantitative and Descriptive Survey of Evidence Law in the Kansas Appellate Courts," Stanley D. Davis, 37 K.L.R. 715, 718 (1989).

"Students, discipline and disabilities," Carol Hall and Jonathan Paretsky, 68 J.K.B.A. No. 6, 44 (1999).

Attorney General's Opinions:

Drivers' licenses; habitual violators. 79-42.

Juvenile code; authorized orders of disposition. 79-197.

Law enforcement training center; requirements for admission. 80-225.

Size, weight, and load of vehicles; penalties for weight violations. 81-44.

Kansas safety belt use act. 86-95.

Arrest by law enforcement officer from another jurisdiction; uniform law of fresh pursuit. 87-80.

University police officers; power and authority; jurisdiction. 91-102.

County attorney and county counselor; duties; juvenile matters. 92-67.

DUI; eligibility for good time credit on third or subsequent conviction. 95-41.

Municipal courts; prosecution of ordinance; violation of ordinance, conduct not prohibited by statute. 97-31.

Authority of tribal police over nontribal members on roads within reservation. 1999-56.

Provision in K.S.A. 47-122 that it is unlawful for domestic animals to run at large is provision for civil liability. 2001-54.

Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39.

The Uniform Mandatory Disposition of Detainers Act and the Agreement on Detainers do not apply to ordinance violations. 2002-48.

Municipal courts have jurisdiction to hear ordinance violations that could be prosecuted as a felony in district court. 2007-26.

Uniform electronic transaction act does not authorize the use of unsworn electronic digitally signed complaint or supporting affidavit; court rule exception. 2008-4.

CASE ANNOTATIONS

1. Mentioned in determining necessary findings sufficient in juvenile court's waiver of jurisdiction under K.S.A. 38-808(b). State v. Shepherd, 213 Kan. 498, 505, 516 P.2d 945.

2. Applied; evidence of prior misdemeanor conviction admitted for limited purpose; prosecution under K.S.A. 65-4127a. State v. Forsyth, 2 Kan. App. 2d 44, 45, 574 P.2d 241.

3. Habitual violator of traffic laws proceeding civil not criminal; right to drive revocation not sanction for crime as defined herein. State v. Boos, 232 Kan. 864, 870, 659 P.2d 224 (1983).

4. Cited; authority of law enforcement officer to stop speeding vehicle regardless of motive examined. State v. Guy, 242 Kan. 840, 843, 752 P.2d 119 (1988).

5. Cited; habitual violator act (K.S.A. 8-284 et seq.) violations not defined as crimes examined. State v. Graham, 12 Kan. App. 2d 803, 807, 758 P.2d 247 (1988).

6. No criminal sanctions imposed upon determination as habitual violator (K.S.A. 8-286) noted. State v. Whitehurst, 13 Kan. 2d 411, 414, 772 P.2d 1251 (1988).

7. Consequences of third or subsequent conviction of driving with suspended license determined. State v. Harpool, 246 Kan. 226, 228, 788 P.2d 281 (1990).

8. Meaning of K.S.A. 38-1652 regarding hearings for juvenile offenders examined. Stauffer Communications, Inc. v. Mitchell, 246 Kan. 492, 493, 789 P.2d 1153 (1990).

9. Municipal traffic infraction construed as crime allowing fresh pursuit under K.S.A. 22-2401. City of Prairie Village v. Eddy, 14 Kan. App. 2d 661, 663, 798 P.2d 66 (1990).

10. Offenses charged under Kansas securities act (K.S.A. 17-1252 et seq.) constitute felonies. State v. Kershner, 15 Kan. App. 2d 17, 22, 801 P.2d 68 (1990).

11. A proceeding under K.S.A. 8-1014, loss of driving privileges, is a civil proceeding. Musick v. Kansas Dept. of Revenue, 16 Kan. App. 2d 462, 470, 825 P.2d 531 (1992).

12. Evidence of prior misdemeanor convictions permitted where defendant has foregone protection offered by K.S.A. 60-447. State v. Blackburn, 251 Kan. 787, 792, 840 P.2d 497 (1992).

13. Cited in holding crime of aiding a felon (K.S.A. 21-3812) applies to aiding a juvenile offender. State v. Busse, 252 Kan. 695, 697, 847 P.2d 1304 (1993).

14. Whether police had authority to arrest plaintiff when he admitted he carried no driver's license examined. Fillmore v. Ordonez, 829 F. Supp. 1544, 1557 (1993).

15. Pre-1996 aggravated escape from custody section (K.S.A. 21-3810) inapplicable to juvenile in custody pursuant to juvenile adjudication. State v. Clint L., 262 Kan. 174, 177, 936 P.2d 235 (1997).

16. Municipality may not classify state felony as municipal misdemeanor and prosecute defendant. City of Junction City v. Cadoret, 263 Kan. 164, 168, 946 P.2d 1356 (1997).

17. Trial court may impose consecutive jail sentences for misdemeanor offenses. State v. Huff, 31 Kan. App. 2d 717, 71 P.3d 1185 (2003).

18. Definitions of "misdemeanor" and "felony" have been incorporated into the Kansas juvenile justice code. In re J.R.A., 38 Kan. App. 2d 86, 89, 161 P.3d 231 (2007).

19. Mentioned; obstructing officers in conducting a traffic stop is not a felony obstruction. State v. Kelley, 38 Kan. App. 2d 224, 227, 162 P.3d 832 (2007).

20. Mentioned in automobile stop case, detention of passenger exceeded scope of stop; evidence suppressed. State v. Gross, 39 Kan. App. 2d 788, 801, 184 P.3d 978 (2008).

21. K.S.A. 8-1522 construed; section establishes two rules, one relating to maintaining a single lane and one relating to changing lanes. State v. Marx, 289 Kan. 657, 215 P.3d 601 (2009).

22. Discussed; K.S.A. 40-3104 permits a law enforcement officer to arrest or issue a citation to individuals violating K.S.A. 40-3104. State v. Cox, 41 Kan. App. 2d 833, 206 P.3d 54 (2009).

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