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8-253. Duty of court to require surrender of license upon revocation; report of convictions and adjudications; records; forms; notice of disposition of appeals. (a) When K.S.A. 8-254, and amendments thereto, makes mandatory the revocation of a person's driving privileges by the division, the court in which such conviction or adjudication is had shall require the surrender to it of all driver's licenses then held by the person so convicted or adjudicated, and the court shall forward the same, or if such court has a clerk shall direct the clerk to forward the same, together with a record of such conviction or adjudication to the division, within 10 days from the date the conviction or adjudication becomes final.

(b) Every court having jurisdiction over offenses committed under the motor vehicle drivers' license act shall forward to the division a record of the conviction of any person by such court for a violation of that act. Such record shall be made upon a form or in a format approved by the division.

(c) For the purpose of this act, the term "conviction" means a final conviction and without regard to whether sentence was suspended or probation granted after such conviction. Also, for the purposes of this act, a 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.

(d) The clerk of any court of record to which a conviction for violation of any law described in subsection (b) has been appealed shall within 10 days of the final disposition of the appeal forward a notification of such final disposition to the division.

History: L. 1937, ch. 73, § 20; L. 1949, ch. 104, § 24; L. 1959, ch. 49, § 21; L. 1963, ch. 52, § 1; L. 1974, ch. 38, § 3; L. 1976, ch. 48, § 1; L. 1983, ch. 34, § 1; L. 1988, ch. 47, § 5; L. 1994, ch. 319, § 1; L. 1996, ch. 120, § 1; July 1.

Cross References to Related Sections:

Duty of courts to report convictions of traffic violations, see 8-2115.

Law Review and Bar Journal References:

Traffic courts, James W. Putnam, 23 J.B.A.K. 215, 226 (1955).

Procedure by court rules, Spencer A. Gard, 5 K.L.R. 42, 55 (1956).

Attorney General's Opinions:

Transportation of liquor or CMB in open container in vehicle; forfeiture of appearance bond. 82-199.

CASE ANNOTATIONS

1. Habitual violator proceeding cannot be based on an uncertified record of conviction. State v. Topping, 8 Kan. App. 2d 467, 468, 660 P.2d 578 (1983).

2. Conviction stands following nolo contendere plea. State v. Shaffer, 14 Kan. App. 2d 282, 285, 788 P.2d 1341 (1990).


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