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KANSAS STATUTES AND CODES

21-4223. Unlawful possession or use of traffic control signal preemption devices; exemptions.

21-4223

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 42.--CRIMES AGAINST THE PUBLIC SAFETY

      21-4223.   Unlawful possession or use of trafficcontrol signal preemption devices; exemptions.(a) As used in this section "traffic control signalpreemption device"means any device, instrument or mechanism designed, intended or used tointerfere with theoperation or cycle ofa traffic-control signal, as defined in K.S.A. 8-1478,and amendments thereto.

      (b)   Except as provided in subsection (h), it shall be unlawful for any personto:

      (1)   Possess a traffic control signal preemption device;

      (2)   use a traffic control signal preemption device;

      (3)   sell a traffic control signal preemption device to a person other than apersonspecified in subsection (h); or

      (4)   purchase a traffic control signal preemption device for use other than adutydescribed in subsection (h).

      (c)   A person convicted of violating subsection (b)(1) shall be guilty of aclass B misdemeanor.

      (d)   Except as provided in subsections (e) and (f), a person convicted ofviolating subsection (b)(2) shall be guilty of a severity level 9, nonpersonfelony.

      (e)   A person convicted of violating subsection (b)(2), which violationresults in a traffic accident causing injury to any person or damage to anyvehicle or other property, shall be guilty of a severity level 7, personfelony.

      (f)   A person convicted of violating subsection (b)(2), which violationresults in a traffic accident causing the death of any person, shall be guiltyof a severity level 5, person felony.

      (g)   A person convicted of violating subsection (b)(3) or (4), shall be guiltyof a severity level 9, nonperson felony.

      (h)   The provisions of this section shall not apply to the operator,passenger or owner of any of the following authorized emergency vehicles, inthe course of such person's emergency duties:

      (1)   Publicly owned fire department vehicles;

      (2)   publicly owned police vehicles; or

      (3)   motor vehicles operated by ambulance services permitted by the emergencymedical services board under the provisions of K.S.A. 65-6101 etseq., and amendments thereto.

      History:   L. 2004, ch. 2, § 1; July 1.

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