reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2519 Reports by judges and prosecutors to administrative office of federal courts.

22-2519.
Reports by judges and prosecutors to administrative office of federal courts.
(1) Within thirty (30) days after the expiration of an order entered under K.S.A. 22-2516, or any extension thereof, the judge issuing such order shall report to the administrative office of the U.S. courts such information as is required to be file by section 2519 of title 18 of the United States code. A duplicate copy of such report shall be filed, at the same time, with the judicial administrator of the courts of this state.
(2) In January of each year, the attorney general and each district attorney and county attorney shall report to the administrative office of the United States courts such information as is required to be filed by section 2519 of title 18 of the United States code. A duplicate copy of such report shall be filed, at the same time, with the judicial administrator of the courts of this state.
History:
L. 1974, ch. 150, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2520 efinitions.

22-2520.
D
ef
initions.
(a) "Strip search" means removing or rearranging some or all of a person's clothing, by or at the direction of a law enforcement officer, so as to permit a visual inspection of the genitals, buttocks, anus or female breasts of such person.
(b) "Body cavity search" means the touching or probing of a person's vaginal or rectal cavity by or at the direction of a law enforcement officer.
History:
L. 1981, ch. 149, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2521 Limitations on strip searches; probable cause requirement; report.

22-2521.
Limitations on strip searches; probable cause requirement; report.
(a) No person detained or arrested solely for the violation of a statute, resolution or ordinance involving a traffic, regulatory or nonviolent misdemeanor offense shall be strip searched unless there is probable cause to believe that the individual is concealing a weapon or controlled substance.
(b) Every strip search conducted by law enforcement officers or employees of a law enforcement agency or department shall be conducted by persons of the same sex as the person being searched and shall be conducted so that the search cannot be observed by any person other than the persons conducting the search, unless the right to privacy is waived by the person being searched.
(c) Every law enforcement officer or employee of a law enforcement agency or department conducting a strip search shall prepare a report of the strip search. The report shall include:
(1) The name and sex of the person searched;
(2) the name and sex of the persons conducting the search;
(3) the time, date and place of the search; and
(4) a statement of the results of the search.
History:
L. 1981, ch. 149, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2522 Body cavity searches; warrant; limitations.

22-2522.
Body cavity searches; warrant; limitations.
(a) A body cavity search shall be conducted only under the authority of a search warrant specifically authorizing a body cavity search.
(b) Every body cavity search shall be conducted by a licensed physician or registered nurse. No person authorized by this subsection to conduct a body cavity search or any person assisting in the performance of such search shall be liable in any civil or criminal action when such search is performed in a reasonable manner according to generally accepted medical practices in the community where performed.
(c) Law enforcement officers may be present during the search, but only those of the same sex as the person on whom a body cavity search is being conducted.
History:
L. 1981, ch. 149, § 3; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2523 iability for unlawful search.

22-2523.
L
iability
for unlawful search.
(a) If liability is established in any civil action brought under the Kansas tort claims act for violation of subsections (a) or (b) of K.S.A. 22-2521, or K.S.A. 22-2522, the plaintiff shall be entitled to an amount equal to the sum of the following:
(1) Actual damages sustained by the plaintiff;
(2) punitive damages, if the violation was willful, wanton or malicious;
(3) the costs of the action, at the discretion of the court; and
(4) a civil penalty in an amount set by the court of not more than $2,000 for each violation.
(b) At the time of the assessment of the costs of any action to which this section applies, if upon motion, the court finds that plaintiff brought or maintained the action frivolously or in bad faith the court may in its discretion assess against the plaintiff or plaintiffs the costs of the action, to be paid to the defendant or defendants.
History:
L. 1981, ch. 149, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2524 rison and jail inmates, exceptions.

22-2524.
P
rison and jail inmates, exceptions.
(a) None of the provisions of this act other than subsection (b) of K.S.A. 22-2521 and subsection (c) of K.S.A. 22-2522 shall apply when a person is convicted of a crime and committed to a jail or other institution.
(b) The provisions of this act relating to strip searches other than subsection (b) of K.S.A. 22-2521 shall not apply when a person accused of a crime is committed to a jail or other institution pursuant to a court order, nor when a person accused of a crime is, of necessity, confined with other prisoners in a jail while awaiting appearance before a magistrate.
History:
L. 1981, ch. 149, § 5; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2525 Authorized installation or use; order required, exception.

22-2525.
Authorized installation or use; order required, exception.
(1) Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under K.S.A. 22-2527.
(2) The prohibition of subsection (1) shall not apply with respect to the use of a pen register or a trap and trace device by a provider:
(a) Relating to the operation, maintenance and testing of an electronic communication service to the protection of the rights or property of such provider or to the protection of users of that service from abuse of service or unlawful use of service;
(b) to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication or a user of such service from fraudulent, unlawful or abusive use of service; or
(c) when the consent of the user of such service has been obtained.
(3) Whoever knowingly violates subsection (1) shall be guilty of a class C misdemeanor.
History:
L. 1988, ch. 117, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2526 rder, contents.

22-2526.
O
r
der, contents.
(1) An attorney for the government or an investigative or law enforcement officer may make application for an order or an extension of an order under K.S.A. 22-2527 authorizing or approving the installation and use of a pen register or a trap and trace device under K.S.A. 22-2525 through 22-2529 to a court of competent jurisdiction. Such application shall be in writing and shall be under oath or equivalent affirmation.
(2) An application under subsection (1) shall include:
(a) The identity of the attorney for the government or the investigative or law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation; and
(b) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
History:
L. 1988, ch. 117, § 7; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2527 ssuance of order; specifications required; duration; extensions; disclosure.

22-2527.
I
ssuance
of order; specifications required; duration; extensions; disclosure.
(1) Upon an application made under K.S.A. 22-2526, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the government or the investigative or law enforcement officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
(2) (a) An order issued under this section shall specify:
(i) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;
(ii) the identity, if known, of the person who is the subject of the criminal investigation;
(iii) the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and
(iv) a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and
(b) an order issued under this section shall direct, upon the request of the applicant, the furnishing of information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under K.S.A. 22-2526.
(3) (a) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(b) Extensions of such an order may be granted but only upon an application for an order under K.S.A. 22-2526 and upon the judicial finding required by subsection (1). The period of extension shall be for a period not to exceed 60 days.
(4) An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(a) The order be sealed until otherwise ordered by the court; and
(b) the person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.
History:
L. 1988, ch. 117, § 8; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2528 esponsibilities of and assistance to authorities by provider, landlord, custodian or other person; compensation; immunity.

22-2528.
R
esponsibil
ities of and assistance to authorities by provider, landlord, custodian or other person; compensation; immunity.
(1) Upon the request of an attorney for the government or an investigative or law enforcement officer authorized to install and use a pen register under K.S.A. 22-2525 through 22-2529, a provider, landlord, custodian or other person shall furnish such attorney for the government or investigative or law enforcement officer forthwith all information, facilities and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in K.S.A. 22-2527.
(2) Upon the request of an attorney for the government or an investigative or law enforcement officer authorized to receive the results of a trap and trace device under K.S.A. 22-2525 through 22-2529, a provider, landlord, custodian or other person shall install such device forthwith on the appropriate line and shall furnish such attorney for the government or investigative or law enforcement officer all additional information, facilities and technical assistance, including installation and operation of the device, unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in K.S.A. 22-2526. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the attorney for the government or investigative or law enforcement officer, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.
(3) A provider, landlord, custodian or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.
(4) No cause of action shall lie in any court against any provider, its officers, employees or agents, or other specified persons for providing information, facilities or assistance in accordance with the terms of a court order under K.S.A. 22-2525 through 22-2529.
(5) A good faith reliance on a court order, a legislative authorization or a statutory authorization shall be a complete defense against any civil or criminal action brought under K.S.A. 22-2525 through 22-2529 or any other law.
History:
L. 1988, ch. 117, § 9; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2529 Definitions.

22-2529.
Definitions.
As used in K.S.A. 22-2522 through 22-2529:
(1) "Court of competent jurisdiction" means a district court or appellate court;
(2) "pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached but shall not include any device used by a provider or customer of an electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of an electronic communication service for cost accounting or other like purposes in the ordinary course of its business;
(3) "trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted; and
(4) "attorney for the government" means a county attorney, assistant county attorney, district attorney, assistant district attorney, attorney general or assistant attorney general.
History:
L. 1988, ch. 117, § 10; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2530 Copy of search warrant to property owner.

22-2530. Copy of search warrant to property owner.
If a search warrant is executed which authorizes a search of real property based upon an alleged offense involving gambling, obscenity, the sale of sexual relations, controlled substances or liquor, a copy of the warrant shall be delivered to the last known address of the owner of the property within two business days, excluding Saturdays, Sundays and legal holidays, after execution of the warrant if such address is different from the address of the property for which the warrant was issued.
History:
L. 1990, ch. 114, § 6; L. 2013, ch. 120, § 25; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2601 Jurisdiction.

22-2601.
Jurisdiction.
Except as provided in K.S.A. 12-4104, and amendments thereto, the district court shall have exclusive jurisdiction to try all cases of felony and other criminal cases arising under the statutes of the state of Kansas.
History:
L. 1970, ch. 129, § 22-2601; L. 1976, ch. 163, § 5; L. 2007, ch. 168, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2603 Crime committed in more than one county.

22-2603.
Crime committed in more than one county.
Where two or more acts are requisite to the commission of any crime and such acts occur in different counties the prosecution may be in any county in which any of such acts occur.
History:
L. 1970, ch. 129, § 22-2603; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2604 Crime committed on or near county boundary.

22-2604.
Crime committed on or near county boundary.
Where a crime is committed on or so near the boundary of two or more counties that it cannot be readily determined in which county the crime was committed, the prosecution may be in any of such counties.
History:
L. 1970, ch. 129, § 22-2604; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2605 Waters constituting county boundaries.

22-2605.
Waters constituting county boundaries.
Where any part of a river, water course, body of water or reservoir constitutes the boundary line between two (2) or more counties, the venue is in any of such counties for prosecution of crimes committed over the whole extent of such part of the river, water course, body of water or reservoir, or any island therein.
History:
L. 1970, ch. 129, § 22-2605; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2606 Waters constituting state boundaries.

22-2606.
Waters constituting state boundaries.
The venue of prosecutions for crimes committed on any river, body of water or reservoir constituting the boundary line of this state is in any county on the same river, body of water or reservoir.
History:
L. 1970, ch. 129, § 22-2606; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2607 Assisting another to commit crime or avoid prosecution.

22-2607.
Assisting another to commit crime or avoid prosecution.
(1) A person who intentionally aids, abets, advises, counsels or procures another to commit a crime may be prosecuted in any county where any of such acts were performed or in the county where the principal crime was committed.
(2) A person who knowingly harbors, conceals or aids another person who has committed or has been charged with a crime with intent that such other person shall avoid or escape from arrest, trial, conviction or punishment for such crime, may be prosecuted in any county where any of such acts were performed or in the county where the principal crime was committed.
History:
L. 1970, ch. 129, § 22-2607; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2608 Crimes committed while in transit.

22-2608.
Crimes committed while in transit.
If a crime is committed in, on or against any vehicle or means of conveyance passing through or above this state, and it cannot readily be determined in which county the crime was committed, the prosecution may be in any county in this state through or above which such vehicle or means of conveyance has passed or in which such travel commenced or terminated.
History:
L. 1970, ch. 129, § 22-2608; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2609 Property taken in one county and brought into another.

22-2609.
Property taken in one county and brought into another.
When property taken in one county by theft or robbery has been brought into another county, the venue is in either county.
History:
L. 1970, ch. 129, § 22-2609; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2610 Property taken in other state and brought into this state.

22-2610.
Property taken in other state and brought into this state.
When property taken in another state by theft or robbery shall have been brought into this state, the venue is in any county into or through which such property shall have been brought.
History:
L. 1970, ch. 129, § 22-2610; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2611 Death and cause of death in different places.

22-2611.
Death and cause of death in different places.
If the cause of death is inflicted in one county and the death ensues in another county, the prosecution may be in either of such counties. Death shall be presumed to have occurred in the county where the body of the victim is found.
History:
L. 1970, ch. 129, § 22-2611; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2612 Crime commenced outside the state or by agent.

22-2612.
Crime commenced outside the state or by agent.
If a crime commenced outside this state is consummated within this state, or if a person outside this state commits or consummates a crime by an agent or means within this state, the prosecution shall be in the county where the crime was consummated.
History:
L. 1970, ch. 129, § 22-2612; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2613 Bigamy.

22-2613.
Bigamy.
A person charged with the crime of bigamy may be prosecuted in the county where the bigamous marriage ceremony was performed or in any county in which bigamous cohabitation has occurred pursuant to such bigamous marriage.
History:
L. 1970, ch. 129, § 22-2613; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2614 Kidnapping.

22-2614.
Kidnapping.
A person charged with the crime of kidnapping may be prosecuted in any county in which the victim has been transported or confined during the course of the crime.
History:
L. 1970, ch. 129, § 22-2614; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2615 Failure to appear.

22-2615. Failure to appear.
A person who has been released from custody upon an appearance bond given in one county for appearance in another county, and who fails to appear, as provided in K.S.A. 21-5915, and amendments thereto, may be prosecuted for such failure to appear either in the county where the appearance bond was given or the county where the defendant was bound to appear.
History:
L. 1970, ch. 129, § 22-2615; L. 1971, ch. 114, § 4; L. 2011, ch. 30, § 117; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2616 Change of venue.

22-2616.
Change of venue.
(1) In any prosecution, the court upon motion of the defendant shall order that the case be transferred as to him to another county or district if the court is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county.
(2) When a case is ordered transferred to another county or district the court shall certify the order of transfer to the departmental justice who shall designate another county or district to which the proceeding shall be transferred.
(3) When a transfer is ordered the clerk of the court where the case is pending shall transmit to the clerk of the court to which the case is transferred all papers in the case or duplicates thereof and any appearance bond taken, and the prosecution shall continue in the court to which the transfer is ordered.
(4) When any case is transferred to another county under this section the responsibility for prosecution of the case shall remain with the original prosecuting attorney, or his successor.
(5) When any case is transferred to another county under this section all taxable costs in such case shall be taxed to the county in which the case originated and such county shall be liable for the payment thereof.
The provisions of this section shall apply only to the prosecution of trials and shall not be applicable to preliminary proceedings.
History:
L. 1970, ch. 129, § 22-2616; L. 1974, ch. 151, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2617 Notice of transfer.

22-2617.
Notice of transfer.
When a change of venue has been granted and the new place of trial has been designated, the clerk of the court of the county where the case originated shall give notice in writing to the defendant and all persons under bond to appear in the case of the time, date and place for appearance in the county to which the case has been transferred. If the defendant is in custody, the court may order him confined in the county to which the cause is transferred.
History:
L. 1970, ch. 129, § 22-2617; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2618 Time of motion.

22-2618.
Time of motion.
A motion for change of venue must be made at or before arraignment or at such later time as the court may in the interest of justice determine.
History:
L. 1970, ch. 129, § 22-2618; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 26 - Jurisdiction And Venue › 22-2619 Crime committed with an electronic device; venue.

22-2619. Crime committed with an electronic device; venue.
(a) "Crime committed with an electronic device" means the commission of any crime that involves or is facilitated by the use of any electronic device, including, but not limited to, all violations of the following: Criminal use of a financial card, as defined in K.S.A. 21-5828, and amendments thereto; unlawful acts concerning computers, as defined in K.S.A. 21-5839, and amendments thereto; identity theft and identity fraud, as defined in K.S.A. 21-6107, and amendments thereto; and electronic solicitation, as defined in K.S.A. 21-5509, and amendments thereto.
(b) In addition to the venue provided for under any other provision of law, a prosecution for any crime committed with an electronic device may be brought in the county in which:
(1) Any requisite act to the commission of the crime occurred;
(2) the victim resides;
(3) the victim was present at the time of the crime; or
(4) property affected by the crime was obtained or was attempted to be obtained.
(c) This section shall be a part of and supplemental to the Kansas code for criminal procedure.
History:
L. 2014, ch. 32, § 1; L. 2016, ch. 96, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2701 Definitions.

22-2701.
Definitions.
Where appearing in this article, the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state. The term "state," referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. The term "court of record" means any court, other than a municipal court, presided over by a magistrate.
History:
L. 1970, ch. 129, § 22-2701; L. 1977, ch. 105, § 10; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2702 Fugitives from justice; duty of governor.

22-2702.
Fugitives from justice; duty of governor.
Subject to the provisions of this article, the provisions of the constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
History:
L. 1970, ch. 129, § 22-2702; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2703 Form of demand.

22-2703.
Form of demand.
No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing, alleging, except in cases arising under K.S.A. 22-2706, and amendments thereto, that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter the accused fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person's bail, probation, assignment to a community correctional services program, parole or postrelease supervision, or that the sentence or some portion of it remains unexecuted and that the person claimed has not been paroled, released on postreleased supervision or discharged or otherwise released therefrom. The indictment, information affidavit or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
History:
L. 1970, ch. 129, § 22-2703; L. 1986, ch. 123, § 17; L. 1992, ch. 239, § 251; July 1, 1993.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2704 Governor may investigate case.

22-2704.
Governor may investigate case.
When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
History:
L. 1970, ch. 129, § 22-2704; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2705 Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.

22-2705.
Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated. The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section 22-2723 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
History:
L. 1970, ch. 129, § 22-2705; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2706 Persons not present in the demanding state at time of commission of crime.

22-2706.
Persons not present in the demanding state at time of commission of crime.
The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 22-2703 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this act not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
History:
L. 1970, ch. 129, § 22-2706; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2707 Issue of governor's warrant of arrest; recitals.

22-2707.
Issue of governor's warrant of arrest; recitals.
If the governor decides that the demand should be complied with he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
History:
L. 1970, ch. 129, § 22-2707; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2708 Manner and place of execution.

22-2708.
Manner and place of execution.
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this act to the duly authorized agent of the demanding state.
History:
L. 1970, ch. 129, § 22-2708; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2709 Authority of arresting officer.

22-2709.
Authority of arresting officer.
Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
History:
L. 1970, ch. 129, § 22-2709; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2710 Rights of accused person; application for writ of habeas corpus; notice.

22-2710.
Rights of accused person; application for writ of habeas corpus; notice.
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting attorney of the county in which the arrest is made and in which the accused is in custody, and it shall be the duty of the prosecuting attorney to notify said agent of the demanding state.
History:
L. 1970, ch. 129, § 22-2710; L. 1973, ch. 143, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2711 Delivery of person in disobedience of K.S.A. 22-2710; penalty.

22-2711.
Delivery of person in disobedience of
K.S.A.
22-2710; penalty.
Any officer who shall deliver to the agent for extradition of the demanding state a person in such officer's custody under the governor's warrant, in willful disobedience of K.S.A. 22-2710, and amendments thereto, shall be guilty of a class B nonperson misdemeanor.
History:
L. 1970, ch. 129, § 22-2711; L. 1992, ch. 239, § 252; L. 1993, ch. 291, § 188; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2712 Confinement in jail when necessary.

22-2712.
Confinement in jail when necessary.
The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping. The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping: Provided, however, That such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.
History:
L. 1970, ch. 129, § 22-2712; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2714 Arrest without a warrant.

22-2714.
Arrest without a warrant.
The arrest of a person may be lawfully made also by any peace officer or private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant.
History:
L. 1970, ch. 129, § 22-2714; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2715 Commitment to await requisition; bail.

22-2715.
Commitment to await requisition; bail.
If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 22-2706, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in the next section, or until he shall be legally discharged.
History:
L. 1970, ch. 129, § 22-2715; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2716 Bail; in what cases; conditions of bond.

22-2716.
Bail; in what cases; conditions of bond.
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.
History:
L. 1970, ch. 129, § 22-2716; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2717 Extension of time of commitment; adjournment.

22-2717.
Extension of time of commitment; adjournment.
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate may again take bail for his appearance and surrender, as provided in section 22-2716, but within a period not to exceed sixty days after the date of such new bond.
History:
L. 1970, ch. 129, § 22-2717; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2718 Forfeiture of bail.

22-2718.
Forfeiture of bail.
If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
History:
L. 1970, ch. 129, § 22-2718; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2719 Persons under criminal prosecution in this state at time of requisition.

22-2719.
Persons under criminal prosecution in this state at time of requisition.
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.
History:
L. 1970, ch. 129, § 22-2719; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2720 Guilt or innocence of accused; when inquired into.

22-2720.
Guilt or innocence of accused; when inquired into.
The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
History:
L. 1970, ch. 129, § 22-2720; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2721 Governor may recall warrant or issue alias.

22-2721.
Governor may recall warrant or issue alias.
The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
History:
L. 1970, ch. 129, § 22-2721; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2722 Fugitives from this state; duty of governor.

22-2722.
Fugitives from this state; duty of governor.
Whenever the governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of such person's bail, probation, assignment to a community correctional services program, postrelease supervision or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, the governor shall issue a warrant under the seal of this state, to some agent, commanding such agent to receive the person so charged if delivered to such agent and convey such person to the proper officer of the county in this state in which the offense was committed.
History:
L. 1970, ch. 129, § 22-2722; L. 1986, ch. 123, § 19; L. 1992, ch. 239, § 254; L. 1993, ch. 291, § 189; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2724 Costs and expenses.

22-2724.
Costs and expenses.
The expenses which may accrue under K.S.A. 22-2723 shall be treated as costs of the criminal proceedings and shall be taxed and paid as provided in K.S.A. 22-3801 et seq.
History:
L. 1970, ch. 129, § 22-2724; L. 1982, ch. 140, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2725 Immunity from service of process in civil actions.

22-2725.
Immunity from service of process in civil actions.
A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned, until he has been convicted in the criminal proceedings, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
History:
L. 1970, ch. 129, § 22-2725; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2726 Written waiver of extradition proceeding; duty of judge.

22-2726.
Written waiver of extradition proceeding; duty of judge.
Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of such person's bail, probation, assignment to a community correctional services program, postrelease supervision or parole, or alleged to be under sentence, some part of which remains unexecuted, from which such person has not been paroled, placed on postrelease supervision, discharged or otherwise released, may waive the issuance and service of the warrant provided for in K.S.A. 22-2707 and 22-2708, and amendments thereto, and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that such person consents to return to the demanding state, except that before such waiver is executed or subscribed by such person it shall be the duty of such judge to inform such person of the person's rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in K.S.A. 22-2710 and amendments thereto.
If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent.
Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.
History:
L. 1970, ch. 129, § 22-2726; L. 1986, ch. 123, § 21; L. 1992, ch. 239, § 256; July 1, 1993.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 27 - Uniform Criminal Extradition Act › 22-2727 Nonwaiver by this state.

22-2727.
Nonwaiver by this state.
Nothing in this act contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this act which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
History:
L. 1970, ch. 129, § 22-2727; July 1.