reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4117 Municipal court assessments.

12-4117. Municipal court assessments.
(a) In each case filed in municipal court other than a nonmoving traffic violation, where there is a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of bond or a diversion, a sum in an amount of $22.50 shall be assessed and such assessment shall be credited as follows:
One dollar to the local law enforcement training reimbursement fund established pursuant to K.S.A. 74-5620, and amendments thereto, $11.50 to the law enforcement training center fund established pursuant to K.S.A. 74-5619, and amendments thereto, $5 to the Kansas commission on peace officers' standards and training fund established by K.S.A. 74-5619, and amendments thereto, $2 to the juvenile alternatives to detention fund established pursuant to K.S.A. 79-4803, and amendments thereto, to be expended for operational costs of facilities for the detention of juveniles, $.50 to the protection from abuse fund established pursuant to K.S.A. 74-7325, and amendments thereto, $.50 to the crime victims assistance fund established pursuant to K.S.A. 74-7334, and amendments thereto, $1 to the trauma fund established pursuant to K.S.A. 75-5670, and amendments thereto, and $1 to the department of corrections forensic psychologist fund established pursuant to K.S.A. 75-52,151, and amendments thereto.
(b) The judge or clerk of the municipal court shall remit the appropriate assessments received pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the local law enforcement training reimbursement fund, the law enforcement training center fund, the Kansas commission on peace officers' standards and training fund, the juvenile alternatives to detention fund, the crime victims assistance fund, the trauma fund and the department of corrections forensic psychologist fund as provided in this section.
(c) For the purpose of determining the amount to be assessed according to this section, if more than one complaint is filed in the municipal court against one individual arising out of the same incident, all such complaints shall be considered as one case.
History:
L. 1992, ch. 315, § 10; L. 1994, ch. 335, § 1; L. 1996, ch. 234, § 6; L. 1999, ch. 127, § 9; L. 2000, ch. 181, § 3; L. 2001, ch. 5, § 55; L. 2002, ch. 199, § 1; L. 2006, ch. 170, § 1; L. 2010, ch. 147, § 2; L. 2011, ch. 91, § 8; L. 2016, ch. 88, § 7; L. 2017, ch. 100, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4118 Performance of marriage ceremonies by municipal judge; disposition of honorariums.

12-4118.
Performance of marriage ceremonies by municipal judge; disposition of honorariums.
A municipal judge may retain any honorarium received for such judge's services in performing a marriage ceremony, except when such services are performed between the hours of eight o'clock a.m. and five o'clock p.m. on a day when the court is regularly open for the conduct of business in which event such honorarium shall be remitted to the city treasurer for deposit in the city general fund. The provisions of this section shall be part of and supplemental to the Kansas code of procedure for municipal courts.
History:
L. 1996, ch. 194, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4120 Certain fines remitted to state treasurer; community corrections supervision fund; human trafficking victim assistance fund; seat belt safety fund.

12-4120. Certain fines remitted to state treasurer; community corrections supervision fund; human trafficking victim assistance fund; seat belt safety fund.
(a) On and after July 1, 2012, the amount of $250 from each fine imposed for a violation of a city ordinance prohibiting the acts prohibited by K.S.A. 8-1567 or 8-2,144, and amendments thereto, shall be remitted by the judge or clerk of the municipal court to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall credit the entire amount to the community corrections supervision fund established by K.S.A. 75-52,113, and amendments thereto.
(b) One-half of each fine imposed for a violation of a city ordinance prohibiting the acts prohibited by K.S.A. 21-6421, and amendments thereto, shall be remitted by the judge or clerk of the municipal court to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and the remainder shall be remitted as otherwise permitted by law. Upon receipt of each such remittance, the state treasurer shall credit the entire amount to the human trafficking victim assistance fund established by K.S.A. 75-758, and amendments thereto.
(c) On and after July 1, 2017, the amount of $20 from each fine imposed for a violation of a city ordinance requiring the use of safety belts for those individuals required by K.S.A. 8-2503(a)(1), and amendments thereto, shall be remitted by the judge or clerk of the municipal court to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall credit the entire amount to the seat belt safety fund established by K.S.A. 8-1,181, and amendments thereto.
History:
L. 2012, ch. 172, § 1; L. 2013, ch. 120, § 9; L. 2017, ch. 74, § 7; L. 2017, ch. 100, § 7; L. 2018, ch. 106, § 15; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4201 Commencement of prosecution.

12-4201.
Commencement of prosecution.
The prosecution for the violation of municipal ordinances shall be commenced by the filing of a complaint with the municipal court.
History:
L. 1973, ch. 61, § 12-4201; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4202 Complaint; requirements; form.

12-4202.
Complaint; requirements; form.
A complaint shall be in writing and shall be signed by the complainant. More than one violation may be charged in the same complaint. A complaint shall be deemed sufficient if in substantially the form of the complaint set forth in K.S.A. 12-4205, and amendments thereto or in substantially the following form:
IN THE MUNICIPAL COURT OF __________, KANSAS
The City of ___________________,  ___________________,
vs.
__________________________________________________
__________________________________________________
(Accused person)
__________________________________________________ The undersigned, complains that on or about the _________ day of _________________________________, A.D., 19__, in the City of __________, County of _____________, and State of Kansas, _____________________________ __________________________________________________
did then and there unlawfully __________________________
__________________________________________________
__________________________________________________ in violation of Section _____________________ of Ordinance No. ____ of the City of _______________________________
___________________
Complainant
*Sworn to positively before me, this ________________ day of ___________________________________, A.D., 19__
______________________________________
Officer authorized to administer oaths
(*This complaint is not required to be sworn if it is signed by a law enforcement officer.)
History:
L. 1973, ch. 61, § 12-4202; L. 1984, ch. 78, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4203 Complaint; service; notice to appear or warrant; failure to issue.

12-4203.
Complaint; service; notice to appear or warrant; failure to issue.
(a) A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer upon the accused person, and forthwith, the complaint shall be filed with the municipal court, except that a complaint may be filed initially with the municipal court, and if so filed, a copy of the complaint shall forthwith be delivered to the city attorney.
(b) If a city attorney fails either to cause a notice to appear or to request a warrant to be issued, on a complaint initially filed with the municipal court, the municipal judge may, upon affidavits filed with him or her alleging the violation of an ordinance, order the city attorney to institute proceedings against any person. Any such municipal judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with the municipal judge pro tem appointed by the municipal judge to preside therein.
History:
L. 1973, ch. 61, § 12-4203; L. 2004, ch. 71, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4204 Notice to appear; contents; form.

12-4204.
Notice to appear; contents; form.
A notice to appear shall describe the offense charged, shall summon the accused person to appear, shall contain a space in which the accused person may agree, in writing, to appear at a time not less than five (5) days after such notice to appear is given, unless the accused person shall demand an earlier hearing. A notice to appear may be signed by a municipal judge, the clerk of the municipal court, the city attorney, or any law enforcement officer of the city.
A notice to appear shall be deemed sufficient if in substantially the form of the notice to appear set out in K.S.A. 12-4205 or if in substantially the following form, to wit:
IN THE MUNICIPAL COURT
OF __________, KANSAS
The City of __________, Kansas
vs.
______________,
(Accused person)
______________,
(Address)
NOTICE TO APPEAR
The City of __________, Kansas, To The Above Named Accused Person.
You are hereby summoned to appear before the Municipal Court of __________, Kansas, on the ____ day of __________, 19__, at __________ o'clock, _.m., to answer a complaint charging you with
If you fail to appear a warrant will be issued for your arrest.
Dated __________, 19__.
______________ Signature of Official ______________ Title of Official
I agree to appear in said Court at said time and place.
______________ Signature of Accused Person
RETURN
The undersigned hereby certifies that on the ____ day of __________, 19__, the notice to appear was served, mailed or delivered.
______________ Law Enforcement Officer
History:
L. 1973, ch. 61, § 12-4204; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4205a Complaint and notice to appear in municipal court.

12-4205a.
Complaint and notice to appear in municipal court.
In all cases a complaint and notice to appear in municipal court may be made in the form of the complaint and notice to appear which shall be deemed sufficient if it contains the information required by subsection (b) of K.S.A. 8-2106, and amendments thereto.
History: L. 1990, ch. 41, § 11; January 1, 1991.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4206 Notice to appear; when used.

12-4206.
Notice to appear; when used.
A notice to appear shall be used in all cases involving the violation of a municipal ordinance, except when a warrant is issued.
History:
L. 1973, ch. 61, § 12-4206; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4207 Same; service; return.

12-4207.
Same; service; return.
The notice to appear shall be served upon the accused person by delivering a copy to him or her personally, or by leaving it at the dwelling house of the accused person or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the last known address of said person. A notice to appear may be served by any law enforcement officer within the state and, if mailed, shall be mailed by a law enforcement officer of the municipality of its issuance or the clerk of the municipal court. Upon service by mail, the law enforcement officer shall execute a verification to be filed with a copy of the notice to appear. Said verification shall be deemed sufficient if in substantially the following form:
The undersigned hereby certifies that on the ____ day of __________, 19__, a copy of notice to appear was mailed to ______________ at ______________, ______________,   .
______________ Signature of Law Enforcement Officer or Clerk of Municipal Court
History:
L. 1973, ch. 61, § 12-4207; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4208 Warrant; contents; form.

12-4208.
Warrant; contents; form.
A warrant shall contain the name of the accused person, or if unknown, any name or description by which the accused person may be identified with reasonable certainty, shall describe the nature of the violation of an ordinance of the city, shall command that the accused person be arrested, shall be signed by the judge of the municipal court, and shall state the amount of the appearance bond to be required. A warrant shall be deemed sufficient if substantially in the following form, to wit:
IN THE MUNICIPAL COURT
OF __________, KANSAS
The City of __________, Kansas
vs.
______________, Accused Person
______________
(Address)
WARRANT
The City of __________, Kansas to the Chief of Police of __________, Kansas, or any duly authorized law enforcement officer of the state of Kansas:
Whereas, a sworn complaint in writing has been made to me and it appearing that there is probable cause to believe that on or about the ____ day of __________, 19__ within the corporate limits of the above City, the above-named accused person did unlawfully:
In violation of Section __ of Ordinance No. __ of said City:
Therefore you are commanded to forthwith arrest the above-named accused person and bring said accused person before this Court to be dealt with according to law.
Given under my hand this ____ day of __________, 19__.
______________
Municipal Judge
__________, Kansas
The amount of the appearance bond is hereby set to be $__________ for the appearance of the accused person before the Municipal Court of __________, Kansas, on the ____ day of __________, 19__, at ____ o'clock _.m.
______________ Municipal Judge
RETURN
I hereby certify that I have executed the within warrant by arresting the named accused person (and taking a bond in the sum of $__________ as security for appearance before the Municipal Court of __________, Kansas.)
This is to certify that I have made a diligent search for the within-named accused person but have been unable to find same.
City: ______________
Date: ______________
______________ Signature ______________ Title
History:
L. 1973, ch. 61, § 12-4208; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4209 Warrants or notices to appear; when issued; limitations.

12-4209.
Warrants or notices to appear; when issued; limitations.
(a) The city attorney shall cause a notice to appear to be issued, except that, if requested by the city attorney, a warrant for the accused shall be issued if the municipal judge finds from the complaint, or from an affidavit or affidavits filed with the complaint or from other evidence that there is probable cause to believe both that a crime has been committed and that the defendant has committed such crime.
(b) More than one warrant or notice to appear may be issued on the same complaint.
(c) If a defendant fails to appear in response to a notice to appear, a warrant shall be issued.
(d) Affidavits or sworn testimony in support of the probable cause requirements of this section shall not be made available for examination without a written order of the municipal judge, except that such affidavits or testimony, when requested, shall be made available to the defendant or the defendant's counsel for such disposition as either may desire.
(e) No warrant shall issue for an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the infraction.
History:
L. 1973, ch. 61, § 12-4209; L. 1984, ch. 39, § 28; L. 1996, ch. 214, § 19; L. 2004, ch. 71, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4210 Same; service.

12-4210.
Same; service.
A warrant may be directed to any law enforcement officer within the state and may be executed any place within the state, by the arrest of the accused person. The officer need not have the warrant in his or her possession at the time of the arrest, but upon request, the officer shall show the warrant to the accused person as soon as possible. If the officer does not have the warrant in his or her possession at the time of the arrest, the officer shall then inform the accused person of the offense charged, of the fact that a warrant has been issued, and the amount of the bond required.
History:
L. 1973, ch. 61, § 12-4210; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4211 Detention; service of complaint and summons.

12-4211.
Detention; service of complaint and summons.
A law enforcement officer may detain a person when:
(a) He or she has a warrant commanding that such person be arrested; or
(b) he or she has reason to believe that a warrant for the person's arrest has been issued by any municipal court; or
(c) he or she has probable cause to believe that the person is committing or has committed a violation of an ordinance, and the law enforcement officer has probable cause to believe that such person will not be apprehended or evidence of the violation of the ordinance will be irretrievably lost unless such person is immediately detained, or such person may cause injury to himself, herself or others or damage to property unless immediately detained; or
(d) any violation of an ordinance has been or is being committed by such person in his or her view.
A law enforcement officer having detained a person pursuant to the preceding paragraph, except subsection (a) or (b) thereof, may release the person or may prepare and serve upon such person a complaint and notice to appear, as provided by K.S.A. 12-4204 or 12-4205 and shall then release such accused person from such detention, except in such instances where the law enforcement officer has power and authority to arrest such accused person as hereinafter set forth.
History:
L. 1973, ch. 61, § 12-4211; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4212 Arrest by law enforcement officer; when authorized.

12-4212.
Arrest by law enforcement officer; when authorized.
(a) Except as provided in subsection (b), a law enforcement officer may arrest a person under any of the following circumstances:
(1) The officer has a warrant commanding that the person be arrested.
(2) A warrant for the person's arrest has been issued by a municipal court in this state.
(3) The officer has probable cause to believe that the person is committing or has committed a violation of an ordinance and that the person has intentionally inflicted bodily harm to another person.
(4) The law enforcement officer detained the person pursuant to subsection (c) or (d) of K.S.A. 12-4211, and amendments thereto, and:
(A) The person refuses to give a written promise to appear in court when served with a notice to appear;
(B) the person is unable to provide identification of self by presenting a valid driver's license or other identification giving equivalent information to the law enforcement officer;
(C) the person is not a resident of the state of Kansas; or
(D) the law enforcement officer has probable cause to believe that the person may cause injury to self or others or may damage property unless immediately arrested.
(b) A law enforcement officer may not arrest a person who is charged only with committing an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the infraction.
History:
L. 1973, ch. 61, § 12-4212; L. 1984, ch. 127, § 1; L. 1984, ch. 39, § 29; L. 1985, ch. 78, § 3; L. 1996, ch. 214, § 20; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4213 Persons under arrest; procedures; right to post bond; release on personal recognizance.

12-4213.
Persons under arrest; procedures; right to post bond; release on personal recognizance.
(a) Any person arrested by a law enforcement officer shall be taken immediately by the law enforcement officer to the police station of the city or the office in the city designated by the municipal judge. At that time, the person shall have the right to post bond for the person's appearance, in accordance with K.S.A. 12-4301 and 12-4302, and amendments thereto, except as hereinafter provided.
(b) A law enforcement officer may detain a person arrested for violation of a municipal ordinance in protective custody for a period not to exceed six hours, including custody in a city or county jail, if such officer has probable cause to believe that: (1) Such person may cause injury to oneself or others, or damage to property; and (2) there is no responsible person or institution to which such person might be released. Any person so held in protective custody shall be permitted to consult with counsel or other persons who may act on such person's behalf. Such person held in protective custody for six hours shall be given an opportunity to post bond for such person's appearance in the municipal court.
(c) Any person held in custody pursuant to the provisions of this section, and who has not made bond for such person's appearance, may be held in custody until the earliest practical time for such person's appearance in municipal court upon a warrant being issued by the municipal court in accordance with K.S.A. 12-4209, and amendments thereto.
(d) Any person who remains in custody for 48 hours pursuant to the provisions of this section after arrest, and who is awaiting a first appearance before a municipal judge in the absence of a warrant being issued, shall be released on the person's personal recognizance. Bond shall be set within 18 hours of the person being placed in custody.
History:
L. 1973, ch. 61, § 12-4213; L. 1987, ch. 76, § 1; L. 2004, ch. 71, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4214 Notice; explanation of rights.

12-4214.
Notice; explanation of rights.
(a) Except as provided further, when a person is charged with an ordinance traffic infraction or an ordinance cigarette or tobacco infraction, the notice to appear shall provide a place where the person may make a written entry of appearance, waive the right to a trial and plead guilty or no contest. The notice to appear shall provide a space in which the law enforcement officer, except as provided in subsection (b), shall enter the appropriate fine specified in the fine schedule established by the municipal judge in accordance with K.S.A. 12-4305, and amendments thereto, in the case of a traffic infraction, or a fine of $25, in the case of an ordinance cigarette or tobacco infraction. Either the notice to appear or a separate form provided to the person by the law enforcement officer shall provide an explanation: (1) Of the person's right to appear and right to trial and the person's right to pay the appropriate fine prior to the appearance date; (2) that failure to either pay such fine or appear at the specified time may result in issuance of a warrant for the person's arrest; and (3) in the case of a traffic infraction, that failure to either pay such fine or appear at the specified time may result in the suspension of the person's driver's license. The law enforcement officer shall provide the person with the telephone number and address of the municipal court to which the written entry of appearance, waiver of trial, plea of guilty or no contest and payment of fine shall be mailed.
(b) In lieu of the law enforcement officer entering the appropriate fine for an ordinance traffic infraction, the officer may direct the person charged with an ordinance traffic infraction to contact the clerk of the municipal court to determine the applicable fine or provide the person with a copy of the fine schedule established by the municipal judge in accordance with K.S.A. 12-4305, and amendments thereto.
(c) When a person is charged with an ordinance cigarette or tobacco infraction, the judge may require the juvenile to appear in court with a parent or legal guardian.
(d) This section shall be a part of and supplemental to the provisions of article 42 of chapter 12 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental thereto.
History:
L. 1985, ch. 78, § 1; L. 1996, ch. 214, § 21; L. 1998, ch. 192, § 1; May 28.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 42 - Code For Municipal Courts; Prosecution And Arrest › 12-4215 Electronic citations.

12-4215.
Electronic citations.
(a) As used in this section:
(1) "Electronic citation" means a charging citation, complaint or notice to appear which is prepared by a law enforcement officer in an electronic data device with intent that the data collected will be electronically filed with a municipal court as provided in K.S.A. 12-4201 through 12-4207, and amendments thereto, for prosecution of a municipal ordinance violation. The data elements collected shall conform to the requirements of K.S.A. 12-4201 through 12-4207, and amendments thereto, or the requirements of the secretary of revenue or the secretary's designee pursuant to K.S.A. 79-3393, and amendments thereto, as applicable.
(2) "Electronic citation system" means the device, database or computer software used to create, store, transmit or exchange the data included in an electronic citation.
(3) "Electronic signature" means an electronic signature having legal effect pursuant to the Kansas uniform electronic transaction act, K.S.A. 16-1601 et seq., and amendments thereto.
(b) For purposes of an electronic citation, including the notice to appear and complaint, issued under this section, an electronic signature indicated by the law enforcement officer's typed name, agency and agency identification number has the same effect and is as sufficient as a manual signature as required in K.S.A. 12-4202, 12-4204, 12-4207, subsection (b) of 22-3201 or 79-3393, and amendments thereto.
(c) A notice to appear, complaint or citation as provided in K.S.A. 12-4201 through 12-4207 or 79-3393, and amendments thereto, shall be deemed to be written if on a paper form or in a document printed from an electronic citation system.
(d) For purposes of signing a notice to appear as provided in K.S.A. 8-2107 and 12-4204, and amendments thereto, a person being charged by a law enforcement officer shall be deemed to have signed the notice to appear if the person physically signs the paper notice to appear or, in the case of an electronic citation, verbally acknowledges that the person promises to appear on or before the date set at or with the designated court. To secure a verbal promise to appear, the law enforcement officer shall ask, "Do you agree to appear at the              court on or before     (date)    ?" The officer shall accurately record the response of the person being charged as: Yes, no or no response.
(e) This section shall be part of and supplemental to the Kansas code of procedure for municipal courts.
History:
L. 2010, ch. 56, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 43 - Code For Municipal Courts; Appearance And Conditions Of Release › 12-4302 Personal recognizance.

12-4302.
Personal recognizance.
Notwithstanding the provisions of K.S.A. 12-4301, a law enforcement officer may release an accused person from custody without requiring security for his or her appearance, and shall release such accused person without requiring security for the appearance, pursuant to any rule or order of the municipal judge.
History:
L. 1973, ch. 61, § 12-4302; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 43 - Code For Municipal Courts; Appearance And Conditions Of Release › 12-4303 Failure to appear.

12-4303.
Failure to appear.
In the event the accused person fails to appear at the time designated in the appearance bond, or at any subsequent time to which the appearance has been continued, the municipal judge shall declare the bond forfeited, except that, if it appears to the court that justice does not require the enforcement of the forfeiture, the court may set the same aside upon such conditions as the court may impose. Where the forfeiture of a bond has become final, the court shall direct the application of the funds or that suitable action be instituted for the collection from the sureties thereon or from the accused person.
History:
L. 1973, ch. 61, § 12-4303; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 43 - Code For Municipal Courts; Appearance And Conditions Of Release › 12-4304 Appearance bond; posting; form.

12-4304.
Appearance bond; posting; form.
An appearance bond shall be deemed sufficient if it states substantially as follows:
Appearance Bond. In the Municipal Court of __________, Kansas. The City of __________ vs. ______________, the accused person, as principal, and ______________, as surety, (where surety is used) acknowledge ourselves to be indebted to the City of __________, Kansas, in the sum of ______________ Dollars, secured as required by law, upon these conditions:
That said accused person shall personally appear before the Municipal Court of __________, Kansas, on the ____ day of __________, 19__, at __________ o'clock a.m. and, if an appeal is taken, shall appear in the District Court of the county in which the city is located, and from time to time as required by the court to answer to the complaint, according to his or her promise to do so, which the accused person hereby makes then this bond shall be void; otherwise it shall remain in force.
Dated this ____ day of __________, 19__.
______________ (Accused Person) ______________ (Address) ______________ (Surety) (Where Applicable) ______________ (Address)
Receipt for cash surety
Received from ______________, accused person, ______________ Dollars cash security on above bond this ____ day of __________, 19__.
______________ (Clerk of Municipal Court or Law Enforcement Officer)
OR
Receipt for guaranteed arrest bond certificate security
Received from ______________ a guaranteed certificate issued by ______________, as security on above bond this ____ day of __________, 19__.
______________ (Clerk of Municipal Court or Law Enforcement Officer)
OR
Receipt for operator's license security
Received from __________, accused person, operator's license issued by the state of __________, bearing number __________, issued to said accused person, as security on above bond this ____ day of __________, 19__.
______________ (Clerk of Municipal Court or Law Enforcement Officer)
OR
Approval of surety
Surety approved this ____ day of __________, 19__.
______________ (Municipal Judge)
OR
Bond without surety
This bond approved without surety.
______________ (Municipal Judge or Law Enforcement Officer)
History:
L. 1973, ch. 61, § 12-4304; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 43 - Code For Municipal Courts; Appearance And Conditions Of Release › 12-4306 Traffic violations; failure to appear, service of warrant and collection of bond.

12-4306.
Traffic violations; failure to appear, service of warrant and collection of bond.
(a) If a person who is a resident of this state is charged with a violation of a traffic ordinance of a city in this state and such person fails to appear after service of notice to appear, any law enforcement officer of any county or city of the state may serve the bench warrant issued for the person and may collect from the person a cash appearance bond in the amount stated in the warrant upon request of the law enforcement agency of the city in which the warrant was issued. In the event the violator waives actual in hand service of the bench warrant and the officer has verified by telecommunication that the bench warrant is in the actual possession of the law enforcement authorities of the jurisdiction issuing the same, the officer making the arrest may collect the appearance bond without actual in hand service of the bench warrant.
(b) Any appearance bond collected pursuant to this section shall be forwarded forthwith to the clerk of the municipal court of the city in which the alleged violation was committed.
(c) As used in this section:
(1) "Highway," "street," "traffic" and "vehicle" have the meanings provided by article 14 of chapter 8 of the Kansas Statutes Annotated.
(2) "Traffic ordinance" means any ordinance relating to the regulation of traffic on streets and highways or the operation of vehicles.
(d) This section shall be part of and supplemental to the Kansas code of procedure for municipal courts.
History:
L. 1981, ch. 150, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4401 Matters before trial.

12-4401.
Matters before trial.
Every person charged with violation of an ordinance shall receive a copy of the complaint, and shall not be required to plead until he or she shall have had a reasonable time to examine the same, to obtain counsel and to determine his or her plea.
History:
L. 1973, ch. 61, § 12-4401; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4402 Appearance of accused person; action by counsel or by mail.

12-4402.
Appearance of accused person; action by counsel or by mail.
Subject to the provisions of K.S.A. 12-4209, and amendments thereto, the municipal judge may compel the appearance of an accused person. In addition to the procedures provided in K.S.A. 12-4305, and amendments thereto, the municipal judge, upon request, may permit appearance, pleas and satisfaction of the judgment and sentence of the court by counsel or by mail.
History:
L. 1973, ch. 61, § 12-4402; L. 1986, ch. 84, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4403 Time of arraignment.

12-4403.
Time of arraignment.
Accused persons shall be arraigned:
(a) At the time specified in the notice to appear, or in the appearance bond; or
(b) if no date be specified, then on the earliest date when the court convenes.
History:
L. 1973, ch. 61, § 12-4403; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4404 Arraignment.

12-4404.
Arraignment.
Arraignment shall be conducted in open court by stating to the accused person the substance of the charge and calling upon the accused to plead thereto. Arraignment for purposes of accepting plea of not guilty may be accomplished by telephone, mail or appearance by counsel.
History:
L. 1973, ch. 61, § 12-4404; L. 1993, ch. 291, § 6; L. 1994, ch. 291, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4405 Appointment of counsel, when.

12-4405.
Appointment of counsel, when.
If the municipal judge has reason to believe that if found guilty, the accused person might be deprived of his or her liberty and is not financially able to employ counsel, the judge shall appoint an attorney to represent the accused person.
Financial inability to employ counsel shall be determined by the methods provided in K.S.A. 22-4504.
History:
L. 1973, ch. 61, § 12-4405; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4406 Pleas; failure to appear.

12-4406.
Pleas; failure to appear.
(a) A plea of guilty is an admission of the charge and every material fact alleged therein.
(b) A plea of no contest is a formal declaration that the accused person does not contest the charge. When such a plea is entered, a finding of guilty may be adjudged thereon. The plea cannot be used against the accused person as an admission in any other action based on the same act.
(c) A plea of not guilty denies and puts into issue every material fact alleged in the charge.
(d) If the accused person refuses to plead, the court shall enter a plea of not guilty.
(e) If the accused person fails to appear, the court shall declare the appearance bond to be forfeited and may issue a warrant for the arrest of the accused person.
History:
L. 1973, ch. 61, § 12-4406; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4407 Procedure upon plea of guilty.

12-4407.
Procedure upon plea of guilty.
If the accused person pleads guilty, the municipal judge may hear evidence touching on the nature of the case, or otherwise ascertain the facts thereof, and after such hearing, may refuse to accept the plea or may accept the plea, assess the punishment and enter the proper judgment.
History:
L. 1973, ch. 61, § 12-4407; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4408 Motions.

12-4408.
Motions.
The Kansas code of criminal procedure shall govern, insofar as applicable, the filing and disposition of motions. Motions may be oral or written.
History:
L. 1973, ch. 61, § 12-4408; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4409 Continuances.

12-4409.
Continuances.
The municipal judge may grant a continuance of the trial or any hearing upon a showing of good cause, except as set out in K.S.A. 12-4501.
History:
L. 1973, ch. 61, § 12-4409; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4410 Discovery, depositions.

12-4410.
Discovery, depositions.
The accused person shall be permitted to inspect all matters relevant to the case. Depositions shall not be taken or used except by written agreement of both parties filed with the court or by order of the court upon such conditions as the court may prescribe.
History:
L. 1973, ch. 61, § 12-4410; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4411 Subpoenas; witnesses' expenses; abuse of subpoenas, costs.

12-4411.
Subpoenas; witnesses' expenses; abuse of subpoenas, costs.
All parties shall be entitled to the use of subpoenas to compel attendance of witnesses within the state. The municipal judge or clerk shall issue a subpoena which may be served by any law enforcement officer upon the named person. Disobedience may constitute contempt.
Fees and mileage of witnesses shall be two dollars and fifty cents ($2.50) per day or any part thereof for an appearance of* ten cents (10¢) per mile actually driven over ten (10) miles. The fees and mileage for the attendance of witnesses shall be borne by the party calling the witness, except that if an accused person is found not guilty, the city shall pay all such expenses: Provided, The municipal judge may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person, if the judge finds that there has been an abuse of the use of subpoenas by the accused person.
History:
L. 1973, ch. 61, § 12-4411; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4412 Municipal diversion agreements; contents; copy to K.B.I., when; availability to prosecuting attorney.

12-4412.
Municipal diversion agreements; contents; copy to K.B.I., when; availability to prosecuting attorney.
(a) Any diversion agreement entered into in lieu of further criminal proceedings on a complaint alleging a violation of a city ordinance shall include: (1) The defendant's full name; (2) the defendant's full name at the time the complaint was filed, if different from the defendant's current name; (3) the defendant's sex, race and date of birth; (4) the crime with which the defendant is charged; (5) the date the complaint was filed; and (6) the municipal court with which the agreement is filed.
(b) The city attorney shall forward to the Kansas bureau of investigation a copy of a diversion agreement entered into by the city attorney only when required by rules and regulations adopted by the director of the bureau pursuant to K.S.A. 22-4704 and amendments thereto. The copy of the agreement shall be made available upon request to any county, district or city attorney who subsequently considers diversion of the person.
(c) As used in this section, "complaint" includes a citation or notice to appear.
History:
L. 1982, ch. 145, § 3; L. 1985, ch. 79, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4413 Municipal court diversion; definitions.

12-4413. Municipal court diversion; definitions.
As used in K.S.A. 8-1009 and 12-4413 through 12-4418, and amendments thereto:
(a) "City attorney" means a city attorney of a city of this state.
(b) "Complaint" means complaint, citation or notice to appear in a municipal court.
(c) "Diversion" means referral of a defendant in a criminal case charging an alcohol related offense to a supervised performance program prior to adjudication.
(d) "Diversion agreement" means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against such person dismissed.
(e) "Alcohol related offense" means violation of an ordinance of a city of this state that prohibits the acts prohibited by K.S.A. 8-1567, and amendments thereto, or violation of such statute.
History:
L. 1982, ch. 144, § 12; L. 2012, ch. 172, § 22; L. 2018, ch. 106, § 16; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4414 Same; when agreements to be offered; written policies; information to be furnished; right to counsel.

12-4414. Same; when agreements to be offered; written policies; information to be furnished; right to counsel.
(a) Except as provided in K.S.A. 8-1567, and amendments thereto, after a complaint has been filed charging a defendant with violation of an alcohol or drug related offense and prior to conviction thereof, and after the city attorney has considered the factors listed in K.S.A. 12-4415, and amendments thereto, if it appears to the city attorney that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the city attorney may propose a diversion agreement to the defendant. The terms of each diversion agreement shall be established by the city attorney in accordance with K.S.A. 12-4416, and amendments thereto.
(b) Each city attorney shall adopt written policies and guidelines for the implementation of a diversion program in accordance with K.S.A. 8-1009 and 12-4412 through 12-4417, and amendments thereto. Such policies and guidelines shall provide for a diversion conference and other procedures in those cases where the city attorney elects to offer diversion in lieu of further criminal proceedings on the complaint.
(c) Each defendant shall be informed in writing of the diversion program and the policies and guidelines adopted by the city attorney. The city attorney may require any defendant requesting diversion to provide information regarding prior criminal charges, education, work experience and training, family, residence in the community, medical history, including any psychiatric or psychological treatment or counseling, and other information relating to the diversion program. In all cases, the defendant shall be present and shall have the right to be represented by counsel at the diversion conference with the city attorney.
History:
L. 1982, ch. 144, § 13; L. 2011, ch. 105, § 21; L. 2012, ch. 172, § 23; L. 2018, ch. 106, § 17; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4417 Same; condition diversion on plea prohibited; nonadmissible evidence.

12-4417.
Same; condition diversion on plea prohibited; nonadmissible evidence.
No defendant shall be required to enter any plea to a criminal charge as a condition for diversion. No statements made by the defendant or counsel in any diversion conference or in any other discussion of a proposed diversion agreement shall be admissible as evidence in criminal proceedings on crimes charged or facts alleged in the complaint.
History:
L. 1982, ch. 144, § 16; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4418 Failure to fulfill diversion agreement; satisfactory fulfillment; records.

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.