K.S.A. » Chapter 12

K.S.A. § 12-4418

Failure to fulfill diversion agreement; satisfactory fulfillment; records

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12-4418. Failure to fulfill diversion agreement; satisfactory fulfillment; records. (a) If the city attorney finds at the termination of the diversion period or any time prior thereto that the defendant has failed to fulfill the terms of the specific diversion agreement, the city attorney shall inform the municipal court of such finding and the municipal court, after finding that the defendant has failed to fulfill the terms of the specific diversion agreement at a hearing thereon, shall resume the criminal proceedings on the complaint.

(b) If the defendant has fulfilled the terms of the diversion agreement, the municipal court shall dismiss with prejudice the criminal charges filed against the defendant.

(c) The city attorney shall forward to the division of vehicles of the state department of revenue a record of the fact that a defendant did or did not fulfill the terms of a diversion agreement required to be filed under subsection (d) of K.S.A. 12-4416, and amendments thereto. Such record shall be made available to any county, district or city attorney or court.

History: L. 1982, ch. 144, § 17; L. 1985, ch. 79, § 3; July 1.

Notes of Decisions
Cited in 2 cases, 1983–2015 · leading case: State v. Tims
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State v. Tims (2015) kan “K.S.A. 12-4418. Specific to diversion agreements on DUI charges, the “agreement shall include a stipulation, agreed to by the defendant and the city attorney, of the facts upon which the charge is based and a provision that if the defendant fails to fulfill the terms of the…”
State v. Reves (1983) kan “Section 17 (now K.S.A. 12-4418), is identical to Section 9 (K.”
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