12-4418.   Failure to fulfill diversion agreement; satisfactoryfulfillment; records.(a) If the city attorney finds at the termination of the diversionperiod or any time prior thereto that the defendant has failed tofulfill the terms of the specific diversion agreement, the cityattorney shall inform the municipal court of such finding and themunicipal court, after finding that the defendant has failed to fulfillthe terms of the specific diversion agreement at a hearing thereon,shall resume the criminal proceedings on the complaint.

      (b)   If the defendant has fulfilled the terms of the diversionagreement, the municipal court shall dismiss with prejudice the criminalcharges filed against the defendant.

      (c)   The cityattorney shall forward to the division of vehicles of the state departmentof revenue a record of the fact that a defendant did or did not fulfillthe terms of a diversion agreement required to be filed under subsection(d) of K.S.A. 12-4416 and amendments thereto. Such record shall be madeavailable to any county, district or city attorney or court.

      History:   L. 1982, ch. 144, § 17;L. 1985, ch. 79, § 3; July 1.