8-1009. Determination by prosecuting attorney of whether diversion agreement to be allowed. (a) Upon the filing of a first complaint, indictment or information alleging a person has violated K.S.A. 8-1567, and amendments thereto, or a county resolution which prohibits the acts prohibited by that statute, and prior to conviction thereof, the district attorney or county attorney shall determine whether the defendant shall be allowed to enter into a diversion agreement in accordance with this act.
(b) Upon the filing of a first complaint, citation or notice to appear alleging a person has violated a city ordinance which prohibits the acts prohibited by K.S.A. 8-1567, and amendments thereto, and prior to conviction thereof, the city attorney shall determine whether the defendant shall be allowed to enter into a diversion agreement in accordance with this act.
History: L. 1982, ch. 144, § 11; L. 2011, ch. 105, § 11; July 1.
"This act" means chapter 144 of the 1982 Session Laws of Kansas.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 10 - Driving Under Influence Of Alcohol Or Drugs; Related Provisions
8-1002 Test refusal or failure; suspension of license; notice; procedure.
8-1004 Same; additional test by own physician; effect of denial.
8-1005 Evidence; test results admissible in prosecutions; weight to be given evidence.
8-1006 Same; submission of other evidence; preservation of samples not required.
8-1007 Same; act supplemental; invalidity of part.
8-1009 Determination by prosecuting attorney of whether diversion agreement to be allowed.
8-1010 Severability of Laws of 1982, ch. 144.
8-1015 Same; authorized restrictions of driving privileges; ignition interlock device.
8-1017 Circumvention of ignition interlock device; penalty.
8-1019 Victim impact statement and restitution requirements.
8-1020 Administrative hearing; requirements; procedure.
8-1022 Permitting driving in violation of 8-1014; penalties.
8-1024 Immunity from liability for persons and entities involved in testing.