72-89c02. Suspension or revocation of driver's license or privilege upon certain school safety violations; procedure.
72-89c02
72-89c02. Suspension or revocation of driver'slicense or privilege upon certain school safety violations; procedure.(a) Whenever a pupil who has attained the age of 13years has beenfound in possession of a weapon or illegal drug at school, upon schoolproperty or at a school supervised activity or has engaged in an act orbehavior, committed at school, upon school property, or at a school-supervisedactivity which resulted in, or was substantially likely to have resulted in,serious bodily injury to others, the chief administrative officer of the schoolshall make a report of the pupil's act to the appropriate law enforcementagency. The report shall be givenas soon aspracticable, but not to exceed10 daysfrom the date of the pupil's act,excluding holidays andweekends, to the appropriate law enforcement agency. Upon receipt of thereport,the law enforcement agency shall investigate the matter and give written noticeto the division of the act committedby the pupil. The notice shall be given to the division of vehicles by the lawenforcement agencyas soon as practicable but not to exceed10 days, excluding holidays and weekends, afterreceipt of the report and shall include the pupil's name, address, date ofbirth, driver's license number, if available, and a description of the actcommitted by the pupil.A copy of the notice also shall be given to the pupil andto theparent or guardian of the pupil.
(b) If timely notice is not given to the appropriate law enforcement agencyor to the division as specified in subsection (a), the division of vehiclesshall not suspend the pupil's driver's license or privilege to operate a motorvehicle on the streets and highways of this state.
(c) If timely notice is given to the appropriate law enforcement agency andthedivision as specified in subsection (a), the division of vehiclesimmediately shall suspend thepupil's driver'slicense or privilege to operate a motor vehicle on the streets and highways ofthis state. The duration of the suspension shall be for a period ofone year. Upon expiration of the period of suspension, the pupil mayapply to the division for return of the license.If the license has expired, the pupil may apply for a new license, which shallbe issued promptly upon payment of the proper fee and satisfaction of otherconditions established by law for obtaining a license unless another suspensionor revocation of the pupil's privilege to operate a motor vehicle is in effect.If thepupil does not have adriver's license, the pupil's driving privileges shall be revoked. If timelynotice is given to the appropriate law enforcement agency and thedivision asrequired by subsection (a), no Kansasdriver's license shall beissued to a pupil whose driving privileges have been revoked pursuant to thissubsection for a periodof one year:
(1) Immediately following the date of receipt by the division of notificationfrom a law enforcement agency containing the description of the pupil'sact, if the pupil is eligible to applyfor a driver's license; or
(2) after the date the pupil will be eligible to apply for a driver'slicense, if the pupil is not eligible to apply for a driver's license on thedate of receipt of the notification.
(d) If the pupil'sdriver's license or driving privilege hasbeen revoked, suspended or canceled for another cause, the suspension orrevocation required by this section shall apply consecutively to the previousrevocation, suspension or cancellation.
(e) Upon suspension or revocation of a pupil's driver'slicense or driving privilege to operate amotor vehicle as provided in this section, the division of vehicles shallimmediately notify the pupil in writing. If the pupil makes a written requestfor hearing within 30 days after such notice of suspension or revocation, thedivision of vehicles shall afford the pupil an opportunity for a hearing asprovided by K.S.A. 8-255, and amendments thereto.The scope of thehearing shall be limited to determination of whether or not: (1)Notice was given to theappropriate lawenforcement agency and the divisionwithin thetime specified in subsection (a); or (2) there are reasonable grounds tobelieve the pupil was in possession of a weapon orillegal drug at school, upon school property, or at a school-supervisedactivity or was engaged in behavior at school, upon school property, or ataschool-supervised activity, which resulted in, or was substantially likely tohave resulted in, serious bodily injury to others.
(f) For the purposes of this section, the term driver'slicense includes, inaddition to any commercial driver's license and any class A, B, C or M driver'slicense, any restricted license issued under K.S.A. 8-237, and amendmentsthereto, any instruction permit issued under K.S.A. 8-239, and amendmentsthereto, and any farm permit issued under K.S.A. 8-296, and amendments thereto.
History: L. 1999, ch. 124, § 2;L. 2001, ch. 119, § 2;L. 2007, ch. 149, § 2;L. 2008, ch. 125, § 2; May 1.