reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2728 No right of asylum; no immunity from other criminal prosecutions while in this state.

22-2728.
No right of asylum; no immunity from other criminal prosecutions while in this state.
After a person has been brought back to this state by, or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.
History:
L. 1970, ch. 129, § 22-2728; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2729 Uniformity of interpretation.

22-2729.
Uniformity of interpretation.
The provisions of this act* shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
History:
L. 1970, ch. 129, § 22-2729; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2730 Invalidity of part.

22-2730.
Invalidity of part.
If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 1970, ch. 129, § 22-2730; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2801 Declaration of purpose.

22-2801.
Declaration of purpose.
The purpose of this article is to assure that all persons, regardless of their financial status, shall not needlessly be detained pending their appearance to answer charges or to testify, or pending appeal, when detention serves neither the ends of justice nor the public interest.
History:
L. 1970, ch. 129, § 22-2801; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2803 Review of conditions of release; application for modification of conditions of release.

22-2803.
Review of conditions of release; application for modification of conditions of release.
A person who remains in custody after review of such person's application pursuant to subsection (9) or (10) of K.S.A. 22-2802, and amendments thereto, by a district magistrate judge may apply to a district judge of the judicial district in which the charge is pending to modify the order fixing conditions of release. Such motion shall be determined promptly.
History:
L. 1970, ch. 129, § 22-2803; L. 1976, ch. 163, § 7; L. 1986, ch. 115, § 56; L. 2007, ch. 145, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2804 Release after conviction.

22-2804.
Release after conviction.
(1) A person who has been convicted of a crime and is either awaiting sentence or has filed a notice of appeal may be released by the district court under the conditions provided in K.S.A. 22-2802, and amendments thereto, if the court or judge finds that the conditions of release will reasonably assure that the person will not flee or pose a danger to any other person or to the community.
(2) A person who has been convicted of a crime and has filed a notice of appeal to the supreme court or court of appeals shall make application to be released to the court whose judgment is appealed from or to a judge thereof. If an application to such court or judge has been made and denied or action on the application did not afford the relief sought by the applicant, the applicant may make an application for release to the appellate court. An application to the appellate court or a justice or judge thereof shall state the disposition of the application made by the district court or judge. Any application made under this subsection shall be heard after reasonable notice to the prosecuting attorney. Such notice shall be given not less than one day prior to the hearing. Any appearance bond which may be required under this subsection shall be filed in the court from which the appeal was taken.
(3) A person who has been convicted of a crime before a district magistrate judge may, upon taking an appeal to a district judge, apply to be released as provided herein. If the application is made before the case has been referred to the chief judge for assignment, the conditions of release shall be determined by the district magistrate judge from whom the appeal is taken. If the application is made thereafter, the chief judge or the district judge to whom the case has been assigned shall determine the conditions of release. Any appearance bond which may be required under this subsection shall be deposited in the court where it is fixed.
History:
L. 1970, ch. 129, § 22-2804; L. 1971, ch. 115, § 1; L. 1976, ch. 163, § 8; L. 1977, ch. 112, § 6; L. 1986, ch. 115, § 57; L. 1999, ch. 57, § 29; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2805 Material witness; appearance bond; custody; release, when required; appointed counsel and other services for indigent.

22-2805.
Material witness; appearance bond; custody; release, when required; appointed counsel and other services for indigent.
(a) If it appears by affidavit that the testimony of a person is material in any criminal proceeding or in any proceeding under the revised Kansas juvenile justice code, K.S.A. 2007 Supp. 38-2301 et seq., and amendments thereto, and it is shown that it may become impracticable to secure the witness' presence by subpoena, the court or magistrate may require the witness to give bond in an amount fixed by the court or magistrate, or to comply with other conditions to assure the witness' appearance as a witness. If a person fails to comply with the conditions of release, the court or magistrate may, after hearing, commit the witness to the custody of the sheriff or marshal pending final disposition of the proceeding in which the testimony is needed. A material witness shall not be held in custody more than 30 days unless the court or magistrate, after hearing, determines that there is good cause to hold the witness for an additional period of not more than 30 days. No material witness shall be detained because of inability to comply with any condition of release if the testimony of the witness can be secured for use at trial or in any proceeding under the revised Kansas juvenile justice code, K.S.A. 2007 Supp. 38-2301 et seq., and amendments thereto by deposition, and further detention is not necessary to prevent a failure of justice. Release may be delayed for a reasonable time until the deposition of the witness can be taken pursuant to K.S.A. 22-3211, and amendments thereto.
(b) The court or magistrate shall appoint counsel to represent a witness committed to custody pursuant to this section when the court or magistrate determines that the witness is financially unable to employ counsel, based on the same standards as used to determine if a defendant is able to employ counsel. Such appointment shall be from the panel for indigents' defense services or as otherwise prescribed under the applicable system for providing legal defense services for indigent persons prescribed by the state board of indigents' defense services for the county or judicial district. In any proceeding under the revised Kansas juvenile justice code, K.S.A. 2007 Supp. 38-2301 et seq., and amendments thereto, such appointment shall be pursuant to K.S.A. 2007 Supp. 38-2306, and amendments thereto. The witness may obtain necessary investigative, expert and other services in the manner provided by K.S.A. 22-4508, and amendments thereto. Payment for the counsel and other services shall be made in the manner provided by K.S.A. 22-4507, and amendments thereto.
History:
L. 1970, ch. 129, § 22-2805; L. 1982, ch. 141, § 1; L. 1982, ch. 142, § 27; L. 1996, ch. 211, § 1; L. 2006, ch. 169, § 100; January 1, 2007.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2806 Justification and approval of sureties.

22-2806. Justification and approval of sureties.
Every uncompensated surety, except an insurance company authorized to transact business pursuant to K.S.A. 40-1102(d), and amendments thereto, shall justify by affidavit and may be required to describe in the affidavit the property by which such surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by such surety and remaining undischarged and all such surety's other liabilities. No bond shall be approved unless the uncompensated surety appears to be qualified. The appearance bond and the uncompensated sureties may be approved and accepted by a judge of the court where the action is pending or by the sheriff of the county.
History:
L. 1970, ch. 129, § 22-2806; L. 1992, ch. 314, § 3; L. 2016, ch. 85, § 14; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2808 Exoneration.

22-2808.
Exoneration.
When the condition of the appearance bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release them from liability. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.
History:
L. 1970, ch. 129, § 22-2808; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2809 Surrender of obligor by surety; release of surety.

22-2809. Surrender of obligor by surety; release of surety.
(a) Any person who is released on an appearance bond may be arrested by such person's surety or any person authorized by such surety and delivered to a custodial officer of the court in the county in the state where the complaint subject to the bond was filed. Such person who is arrested as provided in this section shall be brought before any magistrate having power to commit for the crime charged. The magistrate shall indorse on the bond, or a certified copy of such bond, the discharge of such surety upon the sworn statement, either written or oral, of the surety setting forth the reasons for the discharge. The magistrate may commit the party who is arrested as provided in this section. Such person committed as provided in this section shall be held in custody until released as provided by law.
(b) As used in this section, "custodial officer of the court" means the sheriff or the keeper of the jail in the county.
History:
L. 1970, ch. 129, § 22-2809; L. 2001, ch. 150, § 1; L. 2021, ch. 105, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2814 Release on recognizance and supervised release.

22-2814.
Release on recognizance and supervised release.
Each district court may establish, operate and coordinate release on recognizance programs and supervised release programs which provide services to the court and to persons who are, or are to be, charged with crimes. Release on recognizance programs and supervised release programs shall be administered by court services officers and other personnel of the district court. Participation by defendants in such programs shall be on a voluntary basis. Nothing in K.S.A. 22-2814 through 22-2817, and amendments thereto, shall affect the right of any person to seek or obtain release under K.S.A. 22-2802, and amendments thereto, regardless of participation or nonparticipation in release on recognizance programs or supervised release programs.
History:
L. 1981, ch. 152, § 1; L. 1984, ch. 112, § 7; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2815 Release on recognizance; procedures; criteria.

22-2815.
Release on recognizance; procedures; criteria.
(a) Release on recognizance programs shall consist of initial interviews with persons who are being detained and are, or are to be, charged with crimes, to obtain (1) information about certain basic criteria closely related to the likelihood that the persons will appear in court if released, (2) an objective analysis of such information and (3) submission of such information and analysis to the court regarding those persons who are recommended to be released on their personal recognizance under K.S.A. 22-2802.
(b) Among other criteria, the following basic variables shall be determined for each person interviewed under a release on recognizance program in ascertaining the likelihood that the person will appear in court if released:
(1) Length of residence in the local community;
(2) nature and extent of local family ties;
(3) time in the local area;
(4) stability of employment; and
(5) extent of prior criminal history.
History:
L. 1981, ch. 152, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2816 Supervised release; eligibility; agreement; elements of program.

22-2816.
Supervised release; eligibility; agreement; elements of program.
(a) Supervised release programs shall consist of extensive interviews with defendants who have been denied release on personal recognizance to select those defendants who under some form of supervised release are likely to appear in court when required, are likely to cooperate with and benefit from supervised release and are willing to actively participate therein. Defendants who are not residents of Kansas, who are the subject of specific detainer orders of other state or federal law enforcement agencies or who are in need of physical or mental care or treatment, including care or treatment for any chemical dependency or intoxication, shall not be eligible for a recommendation for supervised release or to participate in a supervised release program.
(b) Upon the basis of interviews and other available information, court services officers shall prepare and submit, in proper cases, recommendations to the court for supervised release of defendants and shall include suggestions for appropriate conditions for the release of the defendants. If the court orders the release of the defendant with the condition of specific participation in the supervised release program, the court services officer shall prepare and the defendant shall sign a written agreement containing (1) an acknowledgment of the relationship between the supervised release program and the defendant, (2) the details of the conditions of release and (3) a statement of the consequences of any breach of the agreement by the defendant.
(c) The supervised release program for each defendant shall be compatible with all required court appearances and shall include appropriate programs for diagnostic testing, education, skills training, employment and counseling. Each defendant under supervised release shall be closely supervised by a court services officer and may be terminated from the supervised release program by court order revoking the release order or by final disposition of the charges against the defendant.
History:
L. 1981, ch. 152, § 3; L. 1984, ch. 112, § 8; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2817 Release on recognizance and supervised release; powers of court.

22-2817.
Release on recognizance and supervised release; powers of court.
(a) For all purposes of release on recognizance programs and supervised release programs, each district court may contract for services and facilities; receive property by gifts, devises and bequests; and sell or exchange any property so accepted and use in any manner the proceeds or the property received in exchange.
(b) To the extent feasible, each district court establishing, operating or coordinating release on recognizance programs and supervised release programs shall arrange, by contract or on such alternative basis as may be mutually acceptable, for utilization of existing local facilities and treatment and service resources, including but not limited to employment, job training, general, special or remedial education, psychiatric and marriage counseling, and alcohol and drug abuse treatment and counseling. Each such district court shall approve the development and maintenance of such resources by its own staff only if the resources to be so developed and maintained are otherwise unavailable to the court within reasonable proximity to the community where these services are needed in connection with the release on recognizance programs or supervised release programs. Each such district court, to the extent feasible and advisable under the circumstances, may use the services of volunteers for such programs and may solicit local financial support from public, private, charitable and benevolent sources therefor.
History:
L. 1981, ch. 152, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 28 - Conditions Of Release › 22-2818 Traffic violations; failure to appear, service of warrant and collection of bond.

22-2818.
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 misdemeanor or a violation of a traffic resolution of a county 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 or county 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 district court of the judicial district in which the charge against the person is filed.
(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 resolution" means any resolution 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 criminal procedure.
History:
L. 1981, ch. 150, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2902a Preliminary examination; admissibility of report of forensic examiner.

22-2902a.
Preliminary examination; admissibility of report of forensic examiner.
At any preliminary examination in which the results of a forensic examination, analysis, comparison or identification prepared by the Kansas bureau of investigation, the federal bureau of investigation, the bureau of alcohol, tobacco and firearms of the United States department of the treasury, the state secretary of health and environment, the sheriff's department of Johnson, Shawnee or Sedgwick county, the police department of the cities of Overland Park, Topeka or Wichita, the Sedgwick county regional forensic science center, the drug enforcement administration, the air force of the United States, the navy of the United States, the army of the United States, the Missouri southern state college regional crime laboratory, Bethany medical center, inc. located in Kansas City, Kansas, the Kansas City, Kansas community college forensic laboratory or the Kansas City, Missouri regional crime laboratory are to be introduced as evidence, the report, or a copy of the report, of the findings of the forensic examiner shall be admissible into evidence in the preliminary examination in the same manner and with the same force and effect as if the forensic examiner who performed such examination, analysis, comparison or identification and prepared the report thereon had testified in person.
History: L. 1974, ch. 243, § 1; L. 1975, ch. 199, § 1; L. 1982, ch. 143, § 1; L. 1984, ch. 130, § 2; L. 1986, ch. 132, § 1; L. 1989, ch. 99, § 1; L. 1996, ch. 224, § 2; L. 1997, ch. 71, § 1; L. 2001, ch. 68, § 1; April 12.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2902c Preliminary examination; admissability of field test of alleged controlled substances; rules and regulations by Kansas bureau of investigation.

22-2902c.
Preliminary examination; admissability of field test of alleged controlled substances; rules and regulations by Kansas bureau of investigation.
At any preliminary examination pursuant to K.S.A. 22-2902, and amendments thereto:
(a) (1) The court may admit into evidence an alleged controlled substance if, prior to the preliminary examination, the alleged controlled substance:
(A) Has been subjected to a field test, which test has been approved by the director of the Kansas bureau of investigation;
(B) the field test has been administered by a law enforcement officer trained in the use of such field test by a person certified by the manufacturer of that field test; and
(C) the result of such field test was positive for the presumptive presence of the alleged controlled substance.
(2) A positive result on a field test described in and conducted pursuant to this subsection shall be deemed sufficient to establish probable cause to believe that the tested substance is the controlled substance alleged.
(3) The director of the Kansas bureau of investigation shall adopt by rules and regulations the approved field tests; and
(b) physical evidence with a completed evidence custody receipt showing that such evidence has been continuously held in the possession or custody of law enforcement officers, law enforcement agencies, forensic laboratories or the United States postal service since the evidence was seized, shall be admissible into evidence in the preliminary examination in the same manner and with the same force and effect as if all law enforcement officers, evidence custodians and forensic examiners involved in the chain of custody had testified in person.
History:
L. 2004, ch. 56, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2902d Preliminary examination; admissibility of certain scrap metal dealer records.

22-2902d. Preliminary examination; admissibility of certain scrap metal dealer records.
(a) At any preliminary examination pursuant to K.S.A. 22-2902, and amendments thereto, in which the details of each sale or transaction required to be maintained by scrap metal dealers pursuant to K.S.A. 2023 Supp. 50-6,110, and amendments thereto, are to be introduced as evidence, the business records of such sale or transaction shall be admissible in to evidence in the preliminary examination in the same manner and with the same force and effect as if the individuals who made the record, and the records custodian who keeps the record, had testified in person.
(b) This section shall be part of and supplemental to the Kansas code of criminal procedure.
History:
L. 2015, ch. 96, § 7; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2903 Exclusion and separation of witnesses.

22-2903.
Exclusion and separation of witnesses.
During the examination of any witnesses or when the defendant is making a statement or testifying the magistrate may, and on the request of the defendant or state shall, exclude all other witnesses. He may also cause the witnesses to be kept separate and to be prevented from communicating with each other until all are examined.
History:
L. 1970, ch. 129, § 22-2903; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2904 Testimony reduced to writing.

22-2904.
Testimony reduced to writing.
The magistrate may cause a record of the proceedings to be made and should do so when requested by the prosecuting attorney or the defendant or his counsel at least 48 hours prior to the time set for preliminary examination. The cost of preparation of such record shall be paid by the party requesting it. If neither party requests the record or the request is made by an indigent defendant, such costs shall be paid from the general fund of the county and taxed as costs in the case.
History:
L. 1970, ch. 129, § 22-2904; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2905 Proceedings after the preliminary examination.

22-2905.
Proceedings after the preliminary examination.
(1) When a defendant is bound over to a district judge for trial, the prosecuting attorney shall file an information in the office of the clerk of the district court, charging the crime for which the defendant was bound over. If the complaint is in proper form, pursuant to K.S.A. 22-3201, and amendments thereto, it may be used as the information.
(2) When the defendant is bound over, the magistrate shall fix the type of bond which will assure the appearance of the defendant before a district judge and the amount and conditions of such bond in accordance with the provisions of K.S.A. 22-2802, and amendments thereto. If the bond given the magistrate prior to the preliminary examination is continuing in nature and is conditioned upon the appearance of the defendant before the magistrate and before the district judge, if bound over, then no new bond shall be required unless the magistrate hearing the preliminary examination or the district judge before whom the case is pending finds that the appearance bond previously given to the magistrate or the sureties thereon are insufficient to secure the appearance of the defendant for trial in the district court. If the amount of the appearance bond is increased, the appearance bond previously given shall continue in force and effect and the defendant shall be required to furnish an additional appearance bond only in such amount as the new appearance bond may exceed the appearance bond previously furnished. If the defendant cannot provide an appearance bond or if the offense is not bailable, the magistrate shall commit the defendant to jail.
History: L. 1970, ch. 129, § 22-2905; L. 1976, ch. 163, § 11; L. 1977, ch. 112, § 7; amended by Supreme Court (order dated December 5, 1980); L. 1986, ch. 115, § 60; January 12, 1987.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2906 Definitions.

22-2906. Definitions.
As used in K.S.A. 22-2907 through 22-2911, and amendments thereto:
(a) "District attorney" means district attorney, county attorney or attorney general.
(b) "Complaint" means complaint, indictment or information.
(c) "Diversion" means referral of a defendant in a criminal case 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 him or her dismissed.
History:
L. 1978, ch. 131, § 1; L. 2019, ch. 59, § 3; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2910 Conditioning diversion on plea prohibited; inadmissibility of agreement; other matters.

22-2910. Conditioning diversion on plea prohibited; inadmissibility of agreement; other matters.
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. Except for sentencing proceedings and as otherwise provided in K.S.A. 22-2909(c), and amendments thereto, and as otherwise provided in K.S.A. 8-285 and 8-1567, and amendments thereto, the following shall not be admissible as evidence in criminal proceedings which are resumed under K.S.A. 22-2911: (1) Participation in a diversion program; (2) the facts of such participation; or (3) the diversion agreement entered into.
History:
L. 1978, ch. 131, § 5; L. 1982, ch. 144, § 8; L. 2012, ch. 172, § 34; L. 2018, ch. 106, § 30; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2911 Failure to fulfill diversion agreement; satisfactory fulfillment; records.

22-2911.
Failure to fulfill diversion agreement; satisfactory fulfillment; records.
(a) If the county or district attorney finds at the termination of the diversion period or any time prior to the termination of the diversion period that the defendant has failed to fulfill the terms of the specific diversion agreement, the county or district attorney shall inform the district court of such finding and the district 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 district court shall dismiss with prejudice the criminal charges filed against the defendant.
(c) The county or district attorney shall forward to the Kansas bureau of investigation a record of the fact that a defendant did or did not fulfill the terms of a diversion agreement required to be filed under K.S.A. 22-2909, and amendments thereto. Such record shall be made available upon request to any county, district or city attorney or court.
(d) The county or district 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 K.S.A. 22-2909, and amendments thereto. Such record shall be made available to any city, county or district attorney or court.
History:
L. 1978, ch. 131, § 6; L. 1981, ch. 153, § 2; L. 1982, ch. 145, § 2; L. 1982, ch. 144, § 9; L. 1985, ch. 79, § 5; L. 1993, ch. 166, § 3; L. 1998, ch. 131, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2912 District court rules for diversion procedures; K.S.A. 22-2906 through 22-2911, inapplicable; factors.

22-2912.
District court rules for diversion procedures; K.S.A. 22-2906 through 22-2911, inapplicable; factors.
The provisions of this act shall not be applicable in judicial districts that adopt district court rules pursuant to K.S.A. 20-342 for the administration of diversion procedures by the district court. In judicial districts where the district court adopts such rules for diversion procedures, the court in considering whether or not to allow diversion to a defendant shall consider, but is not limited to, the factors enumerated in K.S.A. 22-2908.
History:
L. 1978, ch. 131, § 7; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 29 - Procedure After Arrest › 22-2914 Preliminary examination; certain business records.

22-2914. Preliminary examination; certain business records.
(a) At any preliminary examination pursuant to K.S.A. 22-2902, and amendments thereto, in which business records that have been obtained pursuant to K.S.A. 17-12a602, and amendments thereto, are to be introduced as evidence, the business records shall be admissible into evidence in the preliminary examination in the same manner and with the same force and effect as if the individuals who made the record, and the records custodian who keeps the record, had testified in person.
(b) This section shall be part of and supplemental to the Kansas code of criminal procedure.
History:
L. 2015, ch. 70, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3002 Objections; second drawing.

22-3002. Objections; second drawing.
(a) The prosecuting attorney may challenge the array of jurors on the ground that the grand jury was not selected, drawn or summoned in accordance with law, and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges by the state shall be made before the administration of the oath to the jurors and shall be tried by the court.
(b) A motion to dismiss the indictment made by the defendant may be based on objections to the array or on the lack of legal qualification of an individual juror. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to K.S.A. 22-3004, and amendments thereto, that 12 or more jurors, after deducting the jurors not legally qualified, concurred in finding the indictment.
(c) After the prosecutor has conducted an examination of the prospective grand jurors under this section, a list of all remaining legally qualified grand jurors shall be approved by the court and submitted to the clerk of the court of such county for a second drawing of grand juror names pursuant to K.S.A. 43-107, and amendments thereto.
History:
L. 1970, ch. 129, § 22-3002; L. 2013, ch. 85, § 3; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3003 Oaths of jurors.

22-3003. Oaths of jurors.
(a) An oath or affirmation shall be administered to the presiding juror of the grand jury, in substance as follows:
"You, as presiding juror of the grand jury, shall diligently inquire, and true presentment make, of all public offenses against the laws of this state cognizable by this court, committed or triable within this county, of which you have or can obtain legal evidence. You shall present no person through malice, hatred or ill will, nor leave any unpresented through fear, favor or affection, or for any reward or the promise of hope thereof, but in all your presentments you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding."
(b) Other members of the grand jury shall be administered the following oath:
"The same oath or affirmation, which your presiding juror has taken now before you on the presiding juror's part, you and each of you shall well and truly observe on your part."
History:
L. 1970, ch. 129, § 22-3003; L. 1984, ch. 112, § 17; L. 2013, ch. 85, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3004 Presiding juror and deputy presiding juror.

22-3004. Presiding juror and deputy presiding juror.
(a) The court shall appoint one of the jurors to be presiding juror and another to be deputy presiding juror.
(b) The presiding juror shall have power to administer oaths and affirmations and shall sign all indictments.
(c) The presiding juror or another juror designated by the presiding juror shall keep a record of the name of each juror concurring in the finding of every indictment and shall file the record with the clerk of the court, but the record shall not be made public except on order of the court.
(d) During the absence of the presiding juror, the deputy presiding juror shall act as presiding juror.
History:
L. 1970, ch. 129, § 22-3004; L. 1984, ch. 112, § 18; L. 2013, ch. 85, § 5; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3005 Charge by the court.

22-3005. Charge by the court.
(a) When a grand jury is impaneled and sworn, it shall be charged by the judge who summoned it. In so doing, the judge shall give the grand jurors such information as the judge deems proper and as is required by law, as to their duties, and as to any charges of crimes known to the court and likely to come before the grand jury.
(b) When the grand jury has been impaneled, sworn and charged, it shall retire to a private room, and inquire into the crimes cognizable by it.
History:
L. 1970, ch. 129, § 22-3005; L. 2013, ch. 85, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3006 Compensation; recording methods; employees.

22-3006. Compensation; recording methods; employees.
(a) Persons summoned for service as grand jurors shall be compensated for their service and expenses at the rates provided by law for the compensation of petit jurors in the district court. Such compensation shall be paid from the general fund of the county.
(b) All proceedings before the grand jury, including all testimony, shall be recorded. The grand jury shall select the method of recording and may employ a certified shorthand reporter who shall make a stenographic record of all proceedings. The compensation of the reporter shall be fixed by the district court and paid from the general fund of the county. The grand jury may also elect to record the proceedings utilizing a digital recording system maintained by the court, if such system is available.
(c) The grand jury may, with the approval of the district court, employ investigators and, except in the case of grand juries impaneled pursuant to K.S.A. 22-3001(b), and amendments thereto, employ special counsel. The grand jury may also incur other expenses for services and supplies as it and the district court may deem necessary. Compensation for such services and supplies shall be fixed by the district court and shall be paid from the general fund of the county. Any special counsel or investigator employed by the grand jury shall be selected by majority vote of such grand jury only after hearing testimony from the person filing the petition pursuant to K.S.A. 22-3001, and amendments thereto. Subject to the provisions of this section, the grand jury shall have all authority to investigate any concerns associated with such petition.
History:
L. 1970, ch. 129, § 22-3006; L. 2013, ch. 85, § 7; L. 2018, ch. 105, § 3; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3007 Duty of prosecuting attorney.

22-3007. Duty of prosecuting attorney.
(a) In the case of grand juries impaneled pursuant to subsection (a) or (c) of K.S.A. 22-3001, and amendments thereto, the prosecuting attorney shall:
(1) When requested by any grand jury, attend sessions thereof for the purpose of examining witnesses or giving the grand jury advice upon any legal matter; and
(2) upon such attorney's request, be permitted to appear before the grand jury for the purpose of giving information relative to any matter cognizable by the grand jury, and may be permitted to interrogate witnesses if the grand jury deems it necessary.
(b) In the case of grand juries impaneled pursuant to subsection (b) of K.S.A. 22-3001, and amendments thereto, the prosecuting attorney shall:
(1) Attend all sessions thereof and inform the grand jury of all offenses liable to indictment and evidence of which will be presented to them for consideration;
(2) present witnesses and examine such witnesses on all matters to be considered by the grand jury; and
(3) give the grand jury advice upon all questions related to the proper discharge of their duties.
History:
L. 1970, ch. 129, § 22-3007; L. 2013, ch. 85, § 8; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3009 Counsel for witness.

22-3009. Counsel for witness.
(a) Any person called to testify before a grand jury must be informed that such person has a right to be advised by counsel and that such person shall not be required to make any statement which will incriminate such person. Upon a request by such person for counsel, no further examination of the witness shall take place until counsel is present. In the event that counsel of the witness' choice is not available, the witness shall be required to obtain other counsel within three days in order that the work of the grand jury may proceed. If such person is indigent and unable to obtain the services of counsel, the court shall appoint counsel to assist such person who shall be compensated as counsel appointed for indigent defendants in the district court.
(b) Counsel for any witness may be present while the witness is testifying and may interpose objections on behalf of the witness. Such counsel shall not be permitted to examine or cross-examine such counsel's client or any other witness before the grand jury.
History:
L. 1970, ch. 129, § 22-3009; L. 2013, ch. 85, § 10; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3010 Who may be present.

22-3010. Who may be present.
Prosecuting attorneys, special counsel employed by the grand jury, the witness under examination and such witness' counsel, interpreters when needed and, for the purpose of taking the evidence, the reporter for the grand jury, may be present while the grand jury is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting.
History:
L. 1970, ch. 129, § 22-3010; L. 2013, ch. 85, § 11; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3011 Indictment, procedure; request that attorney general prosecute.

22-3011. Indictment, procedure; request that attorney general prosecute.
(a) An indictment may be found only on the concurrence of 12 or more grand jurors. When an indictment is found, the presiding juror shall endorse thereon "a true bill" and shall sign the presiding juror's name as presiding juror or sign the indictment "Presiding Grand Juror."
(b) When 12 or more grand jurors do not concur in finding an indictment, the presiding juror shall certify that the indictment is "not a true bill."
(c) Indictments found by the grand jury shall be presented by its presiding juror, in the jury's presence, to the court and shall be filed and remain as records of the court.
(d) A grand jury impaneled pursuant to K.S.A. 22-3001(c), and amendments thereto, may request that the attorney general prosecute the case arising from an indictment found by such grand jury if, in the opinion of the grand jury, the prosecuting attorney would not diligently prosecute such case. The court shall notify the attorney general of such request and the attorney general may prosecute such case.
History:
L. 1970, ch. 129, § 22-3011; L. 1984, ch. 112, § 20; L. 2013, ch. 85, § 12; L. 2014, ch. 50, § 2; L. 2018, ch. 105, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3012 Secrecy of proceedings and disclosure.

22-3012. Secrecy of proceedings and disclosure.
(a) Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror shall be made to the prosecuting attorney for use in the performance of such attorney's duties.
(b) Otherwise a juror, attorney, interpreter, reporter or any typist who transcribes recorded testimony shall not disclose matters occurring before the grand jury except, upon court order:
(1) The testimony of a witness before the grand jury may be disclosed to a defendant to determine whether it is consistent with testimony given before the court, but only upon a showing of good cause;
(2) evidentiary materials presented to one grand jury may be disclosed to a succeeding grand jury; and
(3) grand jury testimony by a defendant may be disclosed to such defendant, but only in the criminal action resulting from such testimony.
(c) No obligation of secrecy may be imposed upon any person except in accordance with this section. The court may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event the clerk shall seal the indictment and no person shall disclose the finding of the indictment except when necessary for the issuance and execution of a warrant or summons.
History:
L. 1970, ch. 129, § 22-3012; L. 2013, ch. 85, § 13; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3013 Discharge and excuse.

22-3013. Discharge and excuse.
(a) A grand jury impaneled pursuant to subsection (a) or (c) of K.S.A. 22-3001, and amendments thereto, shall serve until it shall advise the court in writing that it has completed its investigation, but no such grand jury shall serve for more than three months unless extended by order of the district court. The district court may, before the expiration of the tenure of such grand jury, make an order extending such grand jury for an additional period of not to exceed three months if the court finds that an investigation begun by such grand jury cannot be completed within the initial three months period and that the public interest requires the continuation of such grand jury.
(b) A grand jury impaneled pursuant to subsection (b) of K.S.A. 22-3001, and amendments thereto, shall serve for a period of six months. The district court may, before the expiration of the tenure of such grand jury, make an order extending such grand jury for an additional period of not to exceed six months upon good cause shown by such grand jury.
(c) At any time for cause shown the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel another person in place of the juror excused.
History:
L. 1970, ch. 129, § 22-3013; L. 2007, ch. 190, § 3; L. 2013, ch. 85, § 14; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3014 Witness fees.

22-3014. Witness fees.
(a) Witnesses attending a grand jury in response to a subpoena shall be allowed the same fees as are allowed witnesses in criminal cases in the district court.
(b) Such witness fees shall be paid from the general fund of the county upon a certificate of attendance signed by the presiding juror of the grand jury.
History:
L. 1970, ch. 129, § 22-3014; L. 1984, ch. 112, § 21; L. 2013, ch. 85, § 15; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3015 Amendment of indictment.

22-3015. Amendment of indictment.
(a) Matters of form, time, place, names. At any time before or during trial, the court may, upon application of the prosecuting attorney and with notice to the defendant and opportunity for the defendant to be heard, order the amendment of an indictment with respect to defects, errors or variances from the proof relating to matters of form, time, place and names of persons when such amendment does not change the substance of the charge, and does not prejudice the defendant on the merits. Upon ordering an amendment, the court, for good cause shown, may grant a continuance to provide the defendant adequate opportunity to prepare a defense.
(b) Prohibition as to matters of substance, exception.
(1) An indictment shall not be amended as to the substance of the offense charged, except as provided further.
(2) The court may, upon application of the prosecuting attorney and with notice to the defendant and opportunity for the defendant to be heard, order the substance of an indictment to be amended for the limited purpose of effecting a change of plea by the defendant pursuant to a plea agreement reached between the defendant and the prosecuting attorney. The provisions of this paragraph shall apply only to an indictment found by a grand jury impaneled pursuant to K.S.A. 22-3001(a) or (b), and amendments thereto, and shall not apply to an indictment found by a grand jury impaneled pursuant to K.S.A. 22-3001(c), and amendments thereto.
(c) This section shall be part of and supplemental to article 30 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2013, ch. 85, § 16; L. 2014, ch. 50, § 3; L. 2018, ch. 105, § 5; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 30 - Grand Juries › 22-3016 Removal of judge.

22-3016. Removal of judge.
(a) Upon a majority vote of the grand jury, the grand jury may seek the removal of the assigned judge pursuant to K.S.A. 20-311d, and amendments thereto.
(b) This section shall be part of and supplemental to article 30 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2013, ch. 85, § 18; July 1.