• Driving under the influence. The fines for driving under the influence of alcohol were enhanced substantially: the fine for a first conviction is a minimum of $500, the fine for a second conviction is a minimum of $1000, the fine for a third conviction is a minimum of $1,500, and the fine for a fourth or subsequent conviction is $2,500. In addition to the fines, there are specific jail time requirements for each conviction.
  If the offender has a child under the age of 14 in the car with him at the time the offender is apprehended for driving under the influence, the sentence will be enhanced by 1 month.
  Under current law, only driving under the influence of alcohol convictions in the preceding five years are counted when determining the number of offense. The new law eliminates the five year time period. Now, all convictions for driving under the influence are considered when determining the number of offense.
  An offender may receive only one diversion for driving under the influence of alcohol. Additionally, the fee for diversion was increased from $125 to $150.
  There are also several changes made with regard to minors who drive under the influence. If an individual who is less than 21 years old and submits to a breath or blood alcohol test and is found to have a blood alcohol concentration of .02 or greater, but less than .08, his or her driving privileges will be suspended for 30 days and restricted for an additional 330 days on a first occurrence and on a second or subsequent occurrence, the individual's driving privileges will be suspended for one year.

  Failure of breath or blood alcohol tests. If an individual fails a breath or blood alcohol test, for the first time, their driving license will be suspended for thirty days. If an individual fails a breath or blood test for the second, third or fourth time, the individual will receive a one year suspension and have to use an ignition interlock device for one year. An individual whose license is restricted to operating only a motor vehicle with an ignition interlock device installed may operate an employer's vehicle without an ignition interlock device during normal business activities, provided that the individual does not partly or entirely own or control the employer's vehicle or business. Upon a fifth failure, the individual loses his or her driving privileges permanently.

  Refusal to take breath or blood alcohol tests. With regard refusing a breath or blood test, the administrative penalties were enhanced. On the first occurrence, the individual's driving privileges are suspended for one year. The suspension period is two years for a second refusal, three years for a third refusal, ten years for a fourth refusal, and the individual loses his or her driving privileges permanently upon a fifth refusal.

  Reinstatement fees. After an offender is convicted of driving under the influence of alcohol or after an offender fails a breath or blood alcohol test, the offender must pay a reinstatement fee. These fees were dramatically increased, as follows: $100 after the first occurrence, $200 after the second occurrence, $300 after the third occurrence, and $400 after the fourth occurrence. Additionally, the reinstatement fees for a breath or blood alcohol test refusal were also increased, as follows: $400 after the first occurrence, $600 after the second occurrence, $800 after the third occurrence, and $1000 after the fourth occurrence.

  GHB. GHB (gamma hydroxybutyric acid), or the "date rape drug" was outlawed by the Kansas Legislature this year.

  Fingerprinting juveniles who commit assault. The Kansas Bureau of Investigation (KBI) may now fingerprint juveniles who commit assault, a class C person misdemeanor. Juveniles who committed an assault under the prior law could not be fingerprinted because it only allowed for juveniles who committed a class A or B person misdemeanor to be fingerprinted.

  Election crimes. Voter registration suppression was created in this legislative session. It is a level 10, non-person felony and is defined as knowingly destroying any application for voter registration signed by a person, obstructing the delivery of any signed application to the county election officer or the chief state election official, or failing to deliver any application to the appropriate county election officer or the chief state election official as required by law. The bill expands the crime of intimidation of voters to include "mailing, publishing, broadcasting, telephoning or transmitting by any means false information intended to keep one or more voters from casting a ballot or applying for or returning an advance voting ballot". The penalty for this crime is increased from a class A misdemeanor to a severity level 7 non-person felony. This change in the law was brought about by a situation involving an individual who was running for the legislature in Lawrence. This individual paid for telephone calls to be made to voters that were affiliated with his opponent's political party where the voters were told that they would need to bring their voter registration cards with them to the polls.

  Courts. District Magistrate Judges were given the authority to preside over Chapter 61 cases. The Court of Appeals will be expanded by 4 judges over a 4 year period beginning January 1, 2003. There is an interesting provision contained in this law that exempts the bill from a statute that does not allow a legislator to fill a government position that is created by the legislature during that legislator's last term in office.

  Traffic fines. The legislature tripled the traffic fines this year. This will result in an increase in revenue of approximately $16 million annually. Additionally, for speeding tickets received in certain speed zones, the moving violation designation was increased from five to ten miles per hour. As a result, certain speeding tickets will not be reflected on driving records.

The information for this article was taken from an article written by Paul T. Davis, the Kansas Bar Association's Legislative Counsel.

Supreme Court in Review

    Mark Your Calendars: United States Supreme Court in Review Program to be Broadcast on October 11, 2001

Kansas Student Takes First Place in National Photo Contest    

1. Lessons in Liberty. In this videocassette, designed for high school students, Kansas Supreme Court Justice Harold Herd presents a lecture to a group of students on the significance of the Constitution, how it affects our lives today, and the division of powers established by the Constitution. Library number: 323.44/L566j
2. Sentenced for Life: Straight Talk About a #1 Killer--Drunk Driving. Drunk driving is the leading killer of 16-24 year olds. This program combines gruesome images of death on the highway with true, first-person accounts of tragic accidents to dissuade teenagers from drinking and driving. Candid interviews with friends, survivors, victims, and families of drunk drivers focus on the aftermath of these accidents, emphasizing that survivors must live with enormous pain and regret. The program cites statistics on teenage drunk driving deaths, outlines legal consequences, stresses that alcohol impairs judgment and details alternatives to drunk driving. The 40 minute videocassette is designed for high school students and can be found at library number 363.1251/SE59.
3. Street Law: A Student's Guide to Practical Law. Students need to know about important legal issues that touch their lives--this involving film designed for high school students addresses several areas of law and features occasional pauses, encouraging students to form their own opinions on the matter at hand. Library number 349.73/St83.

Lesson Plan #1:     Powers of Government

Description: Using a memory/matching game, students learn about the powers of the federal and state governments (Delegated, Reserved, and Concurrent Powers).

Lesson Plan #2:     Impact of Government on the Individual

Grade Levels: 4-12

Goal: The purpose to this activity, used during the early part of the school year in a required secondary government class, is to begin the process of helping students visualize the government of the United States as a very important part of their everyday existence--- a part which they can impact.

Objectives: As a result of this activity, the students will be able to (1) list 15 ways in which government has an impact/influence on them, personally; (2) identify, from their list, which are the result of national government, state government, and/or local government, (3) write a brief paragraph on the topic, "Governmental Power--- Too Little or Too Much?" This activity works best prior to any formal discussion on the importance of or purpose of government. Used at the beginning of a term, the activity can also help achieve several secondary objectives, including: (1) help students relax by reducing "beginning of a new class" tension, (2) help speed the process of developing a relationship with each student, and (3) begin to get a pattern of parental involvement in the learning process.

Procedure: Near the end of the class period, and with no rationale, ask students to list as many activities as they can think of in which government plays no role. Once the basic directions are given, the teacher's role is two-fold. First, the teacher should discourage idea sharing at this time. Opportunity for idea sharing will come later. Second, the teacher must encourage the students to be creative. Just before the bell rings, direct the students to take their lists home and suggest they consult with their parents for further ideas. The list will be handed in the next day.

Tying it All Together: Return students' lists with no negative comments. Design a brief, graded activity based on the three student objectives. This can also serve as an early opportunity to evaluate individual student writing abilities, as well as provide a grade which should be a positive one for most students. Encourage all students to share the results of this activity with their parents/guardians. Use this activity to introduce the first unit or lesson.