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Statutes > Kansas > Chapter8 > Article15 > Statutes_2053


8-1568


Chapter 8.–AUTOMOBILES AND OTHER VEHICLES

Article 15.–UNIFORM ACT REGULATING TRAFFIC; RULES OF THE ROAD

     
8-1568.   Fleeing or attempting to elude a police
officer; penalties.

(a) (1) Any driver of a motor vehicle who willfully fails or refuses to
bring such driver's vehicle to a stop for a pursuing police vehicle or
police bicycle, when given
visual or
audible signal
to bring the vehicle to a stop, shall be guilty as provided by subsection
(c)(1), (2) or (3).

     
(2)   Any driver of a motor vehicle who willfully otherwise flees or
attempts
to elude a pursuing police vehicle or police bicycle, when given visual or
audible signal to bring the vehicle to a stop, shall be guilty as provided by
subsection (c)(1), (2) or (3).

     
(3)   It shall be an affirmative defense to any prosecution under paragraph
(1) of this subsection that the driver's conduct in violation of such paragraph
was caused by such driver's reasonable belief that the vehicle or bicycle
pursuing such driver's vehicle is not a police vehicle or police bicycle.

     
(b)   Any driver of a motor vehicle who willfully fails or refuses to bring
such driver's
vehicle to a stop, or who otherwise flees or
attempts to elude a pursuing police vehicle or police bicycle, when given
visual or audible signal to bring the vehicle to a stop, and who: (1)
Commits any of the following during a police pursuit: (A) Fails to stop for a
police road block; (B) drives around tire deflating devices placed by a police
officer; (C) engages in reckless driving as defined by K.S.A. 8-1566 and
amendments thereto; (D) is involved in any motor vehicle accident or
intentionally causes damage to property; or (E) commits five or more moving
violations; or

     
(2)   is attempting to elude capture for the commission of any felony, shall
be guilty as provided in subsection (c)(4).

     
(c) (1)   Violation of
subsection (a), upon a first conviction is a
class B nonperson misdemeanor.

     
(2)   Violation of subsection
(a), upon a second conviction
is a class A nonperson misdemeanor.

     
(3)   Violation of subsection
(a), upon a third or subsequent conviction is a severity level 9, person
felony.

     
(4)   Violation of subsection
(b) is a severity level 9, person felony.

     
(d)   The signal given by the police officer may be by hand, voice,
emergency light or siren:

     
(1)   If the officer giving such signal is within or upon an official police
vehicle or police bicycle at the time the signal is given, the vehicle or
bicycle shall be appropriately marked showing it to be an official police
vehicle or police bicycle; or

     
(2)   if the officer giving such signal is not utilizing an official police
vehicle or police bicycle at the time the signal is given, the officer shall be
in uniform, prominently displaying such officer's badge of office at the time
the signal is given.

     
(e)   For the purpose of this section:

     
(1)   “Conviction” means a final conviction without regard whether
sentence was suspended or probation granted after such conviction.
Forfeiture of bail, bond or collateral deposited to secure a defendant's
appearance in court, which forfeiture has not been vacated, shall be equivalent
to a conviction.

     
(2)   “Appropriately marked” official police vehicle or police bicycle shall
include, but not be limited to, any police vehicle or bicycle equipped with
functional emergency lights or siren or both and which the emergency lights or
siren or both have been activated for the purpose of signaling a driver to stop
a motor vehicle.

     
(f)   The division of vehicles of the department of revenue
shall promote public awareness of the provisions of this section when persons
apply for or renew such person's driver's license.

     
History:   L. 1974, ch. 33, § 8-1568; L. 1981, ch. 42, § 2;
L. 1992, ch. 239, § 29;
L. 1993, ch. 291, § 4;
L. 1994, ch. 291, § 3;
L. 1996, ch. 180, § 2;
L. 1998, ch. 145, § 1;
L. 2009, ch. 132, § 2; July 1.