K.S.A. § 22-2202 — KS Code / Chapter 22 / Article 22 / Section 22-2202
22-2202 - General definitions.
Status: in_force

22-2202. General definitions. Subject to K.S.A. 22-2201, and amendments thereto, as used in this code:

(a) "Absconds from supervision" means knowingly avoiding supervision or knowingly making the defendant's whereabouts unknown to the defendant's supervising court services officer or community correctional services officer.

(b) "Appellate court" means the supreme court or court of appeals, depending on the context in which the term is used and the respective jurisdiction of those courts over appeals in criminal cases, as provided in K.S.A. 22-3601, and amendments thereto.

(c) "Appearance bond" means an agreement, with or without security, entered into by a person in custody by which the person is bound to comply with the conditions specified in the agreement.

(d) "Arraignment" means the formal act of calling the defendant before a court having jurisdiction to impose sentence for the offense charged, informing the defendant of the offense with which the defendant is charged, and asking the defendant whether the defendant is guilty or not guilty.

(e) "Arrest" means the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime. The giving of a notice to appear is not an arrest.

(f) "Bail" means the security given for the purpose of insuring compliance with the terms of an appearance bond.

(g) "Bind over" means require a defendant to appear and answer before a district judge having jurisdiction to try the defendant for the felony with which the defendant is charged.

(h) "Charge" means a written statement presented to a court accusing a person of the commission of a crime and includes a complaint, information or indictment.

(i) "Complaint" means a written statement under oath of the essential facts constituting a crime, except that the following shall be deemed a valid complaint if signed by the law enforcement officer:

(1) A citation or notice to appear issued by a law enforcement officer pursuant to and in compliance with K.S.A. 8-2106, and amendments thereto;

(2) a citation or notice to appear issued pursuant to and in compliance with K.S.A. 32-1049, and amendments thereto; or

(3) a notice to appear issued by a law enforcement officer pursuant to and in compliance with K.S.A. 22-2408, and amendments thereto, for any unclassified misdemeanor or nonperson misdemeanor if:

(A) There is a memorandum of agreement between the law enforcement agency that employs such officer and the county or district attorney in the jurisdiction where the notice to appear is issued; and

(B) the notice to appear complies with the requirements of the memorandum of agreement and K.S.A. 22-3201(b), and amendments thereto.

(j) "Custody" means the restraint of a person pursuant to an arrest or the order of a court or magistrate.

(k) "Detention" means the temporary restraint of a person by a law enforcement officer.

(l) "Indictment" means a written statement, presented by a grand jury to a court, that charges the commission of a crime.

(m) "Information" means a verified written statement signed by a county attorney or other authorized representative of the state of Kansas, presented to a court, that charges the commission of a crime. An information verified upon information and belief by the county attorney or other authorized representative of the state of Kansas shall be sufficient.

(n) "Law enforcement officer" means any person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality thereof or with a duty to maintain or assert custody or supervision over persons accused or convicted of crime, and includes court services officers, community corrections officers, parole officers and directors, security personnel and keepers of correctional institutions, jails or other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority.

(o) "Magistrate" means an officer having power to issue a warrant for the arrest of a person charged with a crime and includes justices of the supreme court, judges of the court of appeals and judges of district courts.

(p) "Notice to appear" means a written request, issued by a law enforcement officer, that a person appear before a designated court at a stated time and place.

(q) "Preliminary examination" means a hearing before a magistrate on a complaint or information to determine if a felony has been committed and if there is probable cause to believe that the person charged committed such felony.

(r) "Prosecuting attorney" means any attorney who is authorized by law to appear for and on behalf of the state of Kansas in a criminal case, and includes the attorney general, an assistant attorney general, the county or district attorney, an assistant county or district attorney and any special prosecutor whose appearance is approved by the court. In the case of prosecution for violation of a city ordinance, "prosecuting attorney" means the city attorney or any assistant city attorney.

(s) "Search warrant" means a written order made by a magistrate directed to a law enforcement officer commanding the officer to search the premises described in the search warrant and to seize property described or identified in the search warrant.

(t) "Summons" means a written order issued by a magistrate directing that a person appear before a designated court at a stated time and place and answer to a charge pending against the person.

(u) "Warrant" means a written order made by a magistrate directed to any law enforcement officer commanding the officer to arrest the person named or described in the warrant.