reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 68 - Revised Sentencing Guidelines › 21-6809 Criminal history categories in criminal history scale.

21-6809. Criminal history categories in criminal history scale.
The criminal history scale is represented in abbreviated form on the horizontal axis of the sentencing guidelines grids. The relative severity of each criminal history category decreases from left to right on such grids. Criminal history category A is the most serious classification. Criminal history category I is the least serious classification. The criminal history categories in the criminal history scale are:
CriminalHistoryCategory  Descriptive Criminal History
(A)  The offender's criminal history includes three or more adult convictions or juvenile adjudications, in any combination, for person felonies.
(B)  The offender's criminal history includes two adult convictions or juvenile adjudications, in any combination, for person felonies.
(C)  The offender's criminal history includes one adult conviction or juvenile adjudication for a person felony, and one or more adult conviction or juvenile adjudication for a nonperson felony.
(D)  The offender's criminal history includes one adult conviction or juvenile adjudication for a person felony, but no adult conviction or juvenile adjudications for a nonperson felony.
(E)  The offender's criminal history includes three or more adult convictions or juvenile adjudications for nonperson felonies, but no adult conviction or juvenile adjudication for a person felony.
(F)  The offender's criminal history includes two adult convictions or juvenile adjudications for nonperson felonies, but no adult conviction or juvenile adjudication for a person felony.
(G)  The offender's criminal history includes one adult conviction or juvenile adjudication for a nonperson felony, but no adult conviction or juvenile adjudication for a person felony.
(H)  The offender's criminal history includes two or more adult convictions or juvenile adjudications for nonperson and/or select misdemeanors, and no more than two adult convictions or juvenile adjudications for person misdemeanors, but no adult conviction or juvenile adjudication for either a person or nonperson felony.
(I)  The offender's criminal history includes no prior record; or, one adult conviction or juvenile adjudication for a person, nonperson, or select misdemeanor, but no adult conviction or juvenile adjudication for either a person or nonperson felony.
History:
L. 2010, ch. 136, § 290; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 68 - Revised Sentencing Guidelines › 21-6811b Determination of offender's criminal history; severability.

21-6811b. Determination of offender's criminal history; severability.
If any provision of this act* is held invalid, the invalidity shall not affect other provisions or applications of the act, and to this end the provisions of this act are severable.
History:
L. 2015, ch. 5, § 3; April 2.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 68 - Revised Sentencing Guidelines › 21-6811d Calculating an offender's criminal history; severability.

21-6811d. Calculating an offender's criminal history; severability.
If the amendments made to K.S.A. 21-6811, 21-6820 and 22-3504 are, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the amendments made to K.S.A. 21-6811, 21-6820 and 22-3504 that can be given effect without the invalid provision or provisions or application, and to this end the amendments made to K.S.A. 21-6811, 21-6820 and 22-3504 are severable.
History:
L. 2019, ch. 59, § 16; May 23.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 68 - Revised Sentencing Guidelines › 21-6812 Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions.

21-6812. Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions.
The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or to a lesser or related offense, the prosecutor may do any of the following:
(a) Move for dismissal of other charges or counts;
(b) recommend a particular sentence within the sentencing range applicable to the offense or to the offense to which the offender pled guilty;
(c) recommend a particular sentence outside of the sentencing range only when departure factors exist and such factors are stated on the record;
(d) agree to file a particular charge or count;
(e) agree not to file charges or counts; or
(f) make any other promise to the defendant, except that the prosecutor shall not enter into any agreement to decline to use a prior drug conviction of the defendant to elevate or enhance the severity level of a drug crime as provided in K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto, or make any agreement to exclude any prior conviction from the criminal history of the defendant.
History:
L. 2010, ch. 136, § 293; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 68 - Revised Sentencing Guidelines › 21-6814 Offender's criminal history; admission in court or determined by judge; burden of proof; notice of error by offender; challenge for first time on appeal, burden of proof and procedure.

21-6814. Offender's criminal history; admission in court or determined by judge; burden of proof; notice of error by offender; challenge for first time on appeal, burden of proof and procedure.
(a) The offender's criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge.
(b) Except to the extent disputed in accordance with subsection (c), the summary of the offender's criminal history prepared for the court by the state shall satisfy the state's burden of proof regarding an offender's criminal history.
(c) Upon receipt of the criminal history worksheet prepared for the court, the offender shall immediately notify the district attorney and the court with written notice of any error in the proposed criminal history worksheet. Such notice shall specify the exact nature of the alleged error. The state shall have the burden of proving the disputed portion of the offender's criminal history. The sentencing judge shall allow the state reasonable time to produce evidence to establish its burden of proof. If the offender later challenges such offender's criminal history, which has been previously established, the burden of proof shall shift to the offender to prove such offender's criminal history by a preponderance of the evidence.
(d) If an offender raises a challenge to the offender's criminal history for the first time on appeal, the offender shall have the burden of designating a record that shows prejudicial error. If the offender fails to provide such record, the appellate court shall dismiss the claim. In designating a record that shows prejudicial error, the offender may provide the appellate court with journal entries of the challenged criminal history that were not originally attached to the criminal history worksheet, and the state may provide the appellate court with journal entries establishing a lack of prejudicial error. The court may take judicial notice of such journal entries, complaints, plea agreements, jury instructions and verdict forms for Kansas convictions when determining whether prejudicial error exists. The court may remand the case if there is a reasonable question as to whether prejudicial error exists.
History:
L. 2010, ch. 136, § 295; L. 2022, ch. 73, § 4; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 68 - Revised Sentencing Guidelines › 21-6816 Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist.

21-6816. Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist.
(a) The following aggravating factors apply to drug crimes and may be considered in determining whether substantial and compelling reasons for departure exist:
(1) The crime was committed as part of a major organized drug manufacture, cultivation or distribution activity. Two or more of the following nonexclusive factors constitute evidence of major organized drug manufacture, cultivation or distribution activity:
(A) The offender derived a substantial amount of money or asset ownership from the illegal drug activity.
(B) The presence of a substantial quantity or variety of weapons or explosives at the scene of arrest or associated with the illegal drug activity.
(C) The presence of drug transaction records or customer lists that indicate a drug activity of major size.
(D) The presence of manufacturing or distribution materials such as, but not limited to, drug recipes, precursor chemicals, laboratory equipment, lighting, irrigation systems, ventilation, power-generation, scales or packaging material.
(E) Building acquisitions or building modifications including, but not limited to, painting, wiring, plumbing or lighting which advanced or facilitated the commission of the offense.
(F) Possession of large amounts of illegal drugs or substantial quantities of controlled substances.
(G) A showing that the offender has engaged in repeated criminal acts associated with the manufacture, cultivation or distribution of controlled substances.
(2) The offender possessed illegal drugs with the intent to distribute, which were distributed, or offered for distribution:
(A) To a person under 18 years of age; or
(B) in the immediate presence of a person under 18 years of age.
(3) The offender, 18 or more years of age, employed, hired, used, persuaded, induced, enticed or coerced any individual under 16 years of age:
(A) To violate any provision of K.S.A. 21-5701 through 21-5717, and amendments thereto;
(B) to assist in avoiding detection or apprehension for violation of any provision of K.S.A. 21-5701 through 21-5717, and amendments thereto; or
(C) to attempt, conspire or solicit, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, to commit a violation of any provision of K.S.A. 21-5701 through 21-5717, and amendments thereto.
That the offender did not know the age of the individual under 16 years of age shall not be a consideration.
(4) The offender was incarcerated during the commission of the offense.
(b) In determining whether aggravating factors exist as provided in this section, the court shall review the victim impact statement.
History:
L. 2010, ch. 136, § 297; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 68 - Revised Sentencing Guidelines › 21-6818 Departure sentencing; limitations.

21-6818. Departure sentencing; limitations.
(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section. The sentencing judge shall not impose a downward dispositional departure sentence for any crime of extreme sexual violence, as defined in K.S.A. 21-6815, and amendments thereto. The sentencing judge shall not impose a downward durational departure sentence for any crime of extreme sexual violence, as defined in K.S.A. 21-6815, and amendments thereto, to less than 50% of the center of the range of the sentence for such crime.
(b) When a sentencing judge departs in setting the duration of a presumptive term of imprisonment:
(1) The judge shall consider and apply the sentencing guidelines, to impose a sentence that is proportionate to the severity of the crime of conviction and the offender's criminal history; and
(2) the presumptive term of imprisonment set in such departure shall not total more than double the maximum duration of the presumptive imprisonment term.
(c) When a sentencing judge imposes a prison term as a dispositional departure:
(1) The judge shall consider and apply the sentencing guidelines to impose a sentence that is proportionate to the severity of the crime of conviction; and
(2) the term of imprisonment shall not exceed the maximum duration of the presumptive imprisonment term listed within the sentencing grid. Any sentence inconsistent with the provisions of this section shall constitute an additional departure and shall require substantial and compelling reasons independent of the reasons given for the dispositional departure.
(d) If the sentencing judge imposes a nonprison sentence as a dispositional departure from the guidelines, the recommended duration shall be as provided in subsection (c) of K.S.A. 21-6608, and amendments thereto.
History:
L. 2010, ch. 136, § 299; L. 2011, ch. 30, § 82; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 68 - Revised Sentencing Guidelines › 21-6822 Sentencing guidelines; changes in; duties of sentencing commission and secretary of corrections; submission to legislature.

21-6822. Sentencing guidelines; changes in; duties of sentencing commission and secretary of corrections; submission to legislature.
The Kansas sentencing commission shall meet as necessary for the purpose of modifying and improving the guidelines. The secretary of corrections shall notify the commission at any time when it is determined that prisons in the state have been filled to 90% or more of their overall capacity. The commission shall then propose modifications which amend the sentencing guidelines grid, including severity levels, criminal history scores or other factors which would result in the reduction of any sentence, as deemed necessary to maintain the prison population within the reasonable management capacity of the prisons as determined after consultation with the secretary of corrections. Such proposed modifications shall be submitted to the legislature by February 1 in any year in which the commission proposes to make the change. No change will be in effect without the approval of the legislature and the governor.
History:
L. 2010, ch. 136, § 303; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 68 - Revised Sentencing Guidelines › 21-6823 Costs and expenses associated with postconviction sanctions for felony convictions.

21-6823. Costs and expenses associated with postconviction sanctions for felony convictions.
All costs and expenses associated with postconviction prison and nonprison sanctions imposed for felony convictions and time spent in a county jail pursuant to a nonprison sanction imposed for felony convictions shall be the responsibility of and paid by the state of Kansas.
History:
L. 2010, ch. 136, § 304; July 1, 2011.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 21 - Title And Scope › 22-2102 Scope.

22-2102.
Scope.
The provisions of this code shall govern proceedings in all criminal cases in the courts of the state of Kansas, but shall have application to proceedings in police and municipal courts only when specifically provided by law.
History:
L. 1970, ch. 129, § 22-2102; L. 1971, ch. 114, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 21 - Title And Scope › 22-2103 Purpose and construction.

22-2103.
Purpose and construction.
This code is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.
History:
L. 1970, ch. 129, § 22-2103; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 21 - Title And Scope › 22-2104 Prosecutions in the name of state.

22-2104.
Prosecutions in the name of state.
All prosecutions for violations of the criminal laws of this state shall be in the name of the state of Kansas.
History:
L. 1970, ch. 129, § 22-2104; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 22 - General Definitions › 22-2201 Interpretation of words and phrases.

22-2201.
Interpretation of words and phrases.
(1) In interpreting this code, such words and phrases as are defined in this article shall be given the meanings indicated by their definitions, unless a particular context clearly requires a different meaning.
(2) Words or phrases not defined in this code but which are defined in the Kansas criminal code shall have the meanings given therein except when a particular context clearly requires different meanings.
(3) Words and phrases used in this code and not expressly defined shall be construed according to the rules governing the construction of statutes of this state.
History:
L. 1970, ch. 129, § 22-2201; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 23 - Preliminary Proceedings › 22-2301 Commencement of prosecution.

22-2301.
Commencement of prosecution.
(1) Unless otherwise provided by law, a prosecution shall be commenced by filing a complaint with a magistrate. A copy of the complaint shall forthwith be supplied to the county attorney of the county and a copy thereof shall be furnished to the defendant or said defendant's attorney upon request.
(2) A judge of the district court may in extreme cases, upon affidavits filed with such judge of the commission of a crime, order the county attorney to institute criminal proceedings against any person, but any such judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with any other judge appointed to preside therein.
History:
L. 1970, ch. 129, § 22-2301; L. 1976, ch. 163, § 2; January 10, 1977.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 23 - Preliminary Proceedings › 22-2303 Prosecution begun by filing indictment or information; issuance of warrant; summons.

22-2303.
Prosecution begun by filing indictment or information; issuance of warrant; summons.
(1) When an indictment is returned, as provided by K.S.A. 22-3011, and amendments thereto, a prosecution shall be deemed to have been begun. In misdemeanor cases, cigarette or tobacco infraction cases and traffic infraction cases a prosecution may be begun by filing an information in the district court. Such information shall be verified positively or shall be accompanied by affidavits stating the facts constituting the crime charged. When an information is filed under this section further proceedings shall be had only after the judge has determined from the information, or from an affidavit or affidavits filed with the information or from other evidence that there is probable cause to believe both that a crime has been committed and that the defendant has committed it.
(2) Except in traffic infraction and cigarette or tobacco infraction cases, when a prosecution is begun by the filing of an indictment or information, upon which the judge has made a finding of probable cause as provided in subsection (1), a warrant for the arrest of the defendant shall issue forthwith unless otherwise directed by the court. In felony and misdemeanor cases, the court may order that a summons issue instead of a warrant. In traffic infraction and cigarette or tobacco infraction cases the court shall order that a summons issue instead of a warrant.
History:
L. 1970, ch. 129, § 22-2303; L. 1971, ch. 114, § 3; L. 1984, ch. 39, § 36; L. 1996, ch. 214, § 28; L. 2007, ch. 56, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 23 - Preliminary Proceedings › 22-2304 Form of warrant or summons.

22-2304. Form of warrant or summons.
(a) The warrant shall be signed by the magistrate and shall contain the name of the defendant, or, if such defendant's name is unknown, any name or description by which such defendant can be identified with reasonable certainty. A defendant may be identified with reasonable certainty by a description of the defendant's unique DNA profile, including, but not limited to, an analysis of short tandem repeats (STRs) amplified by the polymerase chain reaction (PCR) technique. The warrant shall describe the crime charged in the complaint. The warrant shall command that the defendant be arrested and brought before a magistrate, as provided by law. The amount of the appearance bond to be required shall be stated in the warrant.
(b) The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place. The summons shall be signed by the magistrate or the clerk of the court.
History:
L. 1970, ch. 129, § 22-2304; L. 2011, ch. 39, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 23 - Preliminary Proceedings › 22-2305 Execution or service and return of warrant or summons.

22-2305.
Execution or service and return of warrant or summons.
(1) The warrant shall be executed by a law enforcement officer. The summons may be served by any person authorized to serve a summons in a civil action.
(2) The warrant may be executed or the summons may be served at any place within the jurisdiction of the state of Kansas.
(3) The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.
(4) The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address.
(5) The officer executing the warrant shall make return thereof to the magistrate before whom the defendant is brought. At the request of the prosecuting attorney any unexecuted warrant shall be returned to the magistrate by whom it was issued and shall be cancelled by him. On or before the date set for appearance the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable. At the request of the prosecuting attorney made at any time while the complaint is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to the officer or other authorized person for execution or service.
History:
L. 1970, ch. 129, § 22-2305; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 23 - Preliminary Proceedings › 22-2306 Defective warrant.

22-2306.
Defective warrant.
A warrant shall not be quashed or abated nor shall any person in custody for a crime be discharged from such custody because of any technical defect in the warrant.
History:
L. 1970, ch. 129, § 22-2306; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 23 - Preliminary Proceedings › 22-2308 Same; liability.

22-2308.
Same; liability.
No law enforcement agency or employee of such agency acting within the scope of employment shall be liable for damages resulting from the adoption or enforcement of any policy adopted under this act, including, but not limited to, the policy and procedure for law enforcement officers to follow when handling a protective order issued by a court of any state or Indian tribe, unless a duty of care, independent of such policy, is owed to the specific individual injured.
History:
L. 1991, ch. 93, § 2; L. 1996, ch. 208, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 23 - Preliminary Proceedings › 22-2309 Prosecution of crimes related to domestic violence; written policies adopted by prosecuting attorneys; contents.

22-2309.
Prosecution of crimes related to domestic violence; written policies adopted by prosecuting attorneys; contents.
On and after January 1, 1997, all prosecuting attorneys, as defined in K.S.A. 22-2202, and amendments thereto, if such prosecuting attorney prosecutes crimes relating to domestic violence, shall adopt and put into effect written policies regarding the prosecution of crimes related to domestic violence. Such written policies shall include, but not be limited to, the effective prosecution of such crimes and the protection and safety of victims and such victim's children from domestic violence.
History:
L. 1996, ch. 208, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 23 - Preliminary Proceedings › 22-2310 Stalking allegations; written policies to be adopted by law enforcement agencies; contents; liability.

22-2310. Stalking allegations; written policies to be adopted by law enforcement agencies; contents; liability.
(a) All law enforcement agencies in this state shall adopt written policies regarding allegations of stalking as provided in subsection (b). These policies shall be made available to all officers of such agency.
(b) Such written policies shall include, but not be limited to, the following:
(1) A statement directing that the officers shall make an arrest when they have probable cause to believe that a crime is being committed or has been committed;
(2) a statement defining stalking pursuant to K.S.A. 21-5427, and amendments thereto;
(3) a statement describing the dispatchers' reponsibilities;
(4) a statement describing the responding officers' responsibilities and procedures to follow when responding to an allegation of stalking and the suspect is at the scene;
(5) a statement describing the responding officers' responsibilities and procedures to follow when responding to an allegation of stalking and the suspect has left the scene;
(6) procedures for both misdemeanor and felony cases;
(7) procedures for law enforcement officers to follow when handling an allegation of stalking involving court orders, including any protective order as defined by K.S.A. 21-5924, and amendments thereto;
(8) a statement that the law enforcement agency shall provide the following information to victims, in writing:
(A) Availability of emergency and medical telephone numbers, if needed;
(B) the law enforcement agency's report number;
(C) the address and telephone number of the prosecutor's office the victim should contact to obtain information about victims' rights pursuant to K.S.A. 74-7333 and 74-7335, and amendments thereto;
(D) the name and address of the crime victims' compensation board and information about possible compensation benefits;
(E) advise the victim that the details of the crime may be made public;
(F) advise the victim of such victims' rights under K.S.A. 74-7333 and 74-7335, and amendments thereto; and
(G) advise the victim of known available resources which may assist the victim; and
(9) whether an arrest is made or not, a standard offense report shall be completed on all such incidents and sent to the Kansas bureau of investigation.
(c) No law enforcement agency or employee of such agency acting within the scope of employment shall be liable for damages resulting from the adoption or enforcement of any policy adopted under this section.
History:
L. 2008, ch. 137, § 1; L. 2011, ch. 30, § 113; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 23 - Preliminary Proceedings › 22-2311 Prosecution of crimes relating to stalking; written policies to be adopted by prosecuting attorneys; contents.

22-2311.
Prosecution of crimes relating to stalking; written policies to be adopted by prosecuting attorneys; contents.
On and after January 1, 2009, all prosecuting attorneys, as defined in K.S.A. 22-2202, and amendments thereto, if such prosecuting attorney prosecutes crimes relating to stalking, shall adopt and put into effect written policies regarding the prosecution of crimes related to stalking. Such written policies shall include, but not be limited to, the effective prosecution of such crimes and the protection and safety of victims and such victim's children from stalking.
History:
L. 2008, ch. 137, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2401 Arrest by law enforcement officer.

22-2401.
Arrest by law enforcement officer.
A law enforcement officer may arrest a person under any of the following circumstances:
(a) The officer has a warrant commanding that the person be arrested.
(b) The officer has probable cause to believe that a warrant for the person's arrest has been issued in this state or in another jurisdiction for a felony committed therein.
(c) The officer has probable cause to believe that the person is committing or has committed:
(1) A felony; or
(2) a misdemeanor, and the law enforcement officer has probable cause to believe that:
(A) The person will not be apprehended or evidence of the crime will be irretrievably lost unless the person is immediately arrested;
(B) the person may cause injury to self or others or damage to property unless immediately arrested; or
(C) the person has intentionally inflicted bodily harm to another person.
(d) Any crime, except a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the person in the officer's view.
History: L. 1970, ch. 129, § 22-2401; L. 1984, ch. 127, § 2; L. 1984, ch. 39, § 37; L. 1996, ch. 214, § 29; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2402 Stopping of suspect.

22-2402.
Stopping of suspect.
(1) Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime and may demand of the name, address of such suspect and an explanation of such suspect's actions.
(2) When a law enforcement officer has stopped a person for questioning pursuant to this section and reasonably suspects that such officer's personal safety requires it, such officer may frisk such person for firearms or other dangerous weapons. If the law enforcement officer finds a firearm or weapon, or other thing, the possession of which may be a crime or evidence of crime, such officer may take and keep it until the completion of the questioning, at which time such officer shall either return it, if lawfully possessed, or arrest such person.
History:
L. 1970, ch. 129, § 22-2402; L. 1990, ch. 106, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2403 Arrest by private person.

22-2403.
Arrest by private person.
A person who is not a law enforcement officer may arrest another person when:
(1) A felony has been or is being committed and the person making the arrest has probable cause to believe that the arrested person is guilty thereof; or
(2) any crime, other than a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the arrested person in the view of the person making the arrest.
History:
L. 1970, ch. 129, § 22-2403; L. 1984, ch. 39, § 38; L. 1996, ch. 214, § 30; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2404 Arrest by law enforcement officer from another jurisdiction.

22-2404.
Arrest by law enforcement officer from another jurisdiction.
(1) As used in this section:
(a) "State" means any state of the United States and the District of Columbia.
(b) "Law enforcement officer" means any member of any duly organized state, county or municipal law enforcement organization of another state.
(c) "Fresh pursuit" means the pursuit without unnecessary delay of a person who has committed a crime, or who is reasonably suspected of having committed a crime.
(2) Any law enforcement officer of another state who enters this state in fresh pursuit and continues within this state in fresh pursuit of a person in order to arrest him on the ground that he has committed a crime in the other state has the same authority to arrest and hold such person in custody as law enforcement officers of this state have to arrest and hold a person in custody.
(3) If an arrest is made in this state by a law enforcement officer of another state in accordance with the provisions of this section he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest is made. Such magistrate shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or the waiver thereof, or shall permit such person to go at large upon giving an appearance bond, with or without surety. If the magistrate determines that the arrest was unlawful, he shall order the discharge of the person arrested.
History:
L. 1970, ch. 129, § 22-2404; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2405 Method of arrest.

22-2405.
Method of arrest.
(1) An arrest is made by an actual restraint of the person arrested or by his submission to custody.
(2) An arrest may be made on any day and at any time of the day or night.
(3) All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authorized arrest.
History:
L. 1970, ch. 129, § 22-2405; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2406 Release by officer of person arrested.

22-2406.
Release by officer of person arrested.
A law enforcement officer having custody of a person arrested without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested.
History:
L. 1970, ch. 129, § 22-2406; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2407 Assisting law enforcement officer.

22-2407.
Assisting law enforcement officer.
(1) A law enforcement officer making an arrest may command the assistance of any person who may be in the vicinity.
(2) A person commanded to assist a law enforcement officer shall have the same authority to arrest as the officer who commands his assistance.
(3) A person commanded to assist a law enforcement officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or any acts expressly directed by the officer.
History:
L. 1970, ch. 129, § 22-2407; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2408 Notice to appear.

22-2408.
Notice to appear.
(1) Except as otherwise provided in subsection (6) of this section, whenever a law enforcement officer detains any person without a warrant, for any act punishable as a misdemeanor, and such person is not immediately taken before a magistrate for further proceedings, the officer may serve upon such person a written notice to appear in court. Such notice to appear shall contain the name and address of the person detained, the crime charged, and the time and place when and where such person shall appear in court.
(2) The time specified in such notice to appear must be at least seven days after such notice is given unless the person shall demand an earlier hearing.
(3) The place specified in such notice to appear must be before some court within the county in which the crime is alleged to have been committed which has jurisdiction of such crime.
(4) The person detained, in order to secure release as provided in this section, must give his or her written promise to appear in the court by signing the written notice prepared by the officer. The original of the notice shall be retained by the officer; a copy delivered to the person detained, and the officer shall forthwith release the person.
(5) Such law enforcement officer shall cause to be filed, without unnecessary delay, a complaint in the court in which a person released under subsection (4) is given notice to appear, charging the crime stated in said notice. If the person released fails to appear as required in the notice to appear, a warrant shall be issued for his or her arrest.
(6) The procedures prescribed by this section shall not apply to the detention or arrest of any person for the violation of any law regulating traffic on the highways of this state, and the provisions of K.S.A. 8-2104 through 8-2108, and amendments thereto, and the code of procedure for municipal courts shall govern such procedures.
History:
L. 1970, ch. 129, § 22-2408; L. 1974, ch. 149, § 1; L. 1975, ch. 33, § 6; L. 2010, ch. 135, § 13; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2409 Crimes committed by corporations.

22-2409.
Crimes committed by corporations.
(1) Upon the filing of a complaint, indictment or information charging a corporation with commission of a crime in a court having jurisdiction to try the offense charged, such court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before such court at a certain time and place for arraignment.
(2) The summons for the appearance of a corporation may be served in the manner provided for service of summons upon a corporation in a civil action.
(3) If, after being summoned, the corporation does not appear, the court shall proceed to trial and judgment without further process.
History:
L. 1970, ch. 129, § 22-2409; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 24 - Arrest › 22-2411 Arrest powers of federal law enforcement officers.

22-2411. Arrest powers of federal law enforcement officers.
(a) A federal law enforcement officer who enters this state may arrest a person, without a warrant, when in the judgment of the federal law enforcement officer a person:
(1) Asserts physical force or uses forcible compulsion likely to cause death or great bodily harm to any person; or
(2) is committing an inherently dangerous felony as defined in K.S.A. 21-5402, and amendments thereto.
(b) To provide assistance to law enforcement officers, a federal law enforcement officer shall have the same authority as a law enforcement officer where:
(1) The federal law enforcement officer is rendering assistance at the request of any law enforcement officer; or
(2) the federal law enforcement officer is effecting an arrest or providing assistance as part of a bona fide task force or joint investigation in which law enforcement officers are participating.
(c) Any lawful actions pursuant to this section shall be deemed to be within the scope of the federal law enforcement officer's employment.
(d) As used in this section:
(1) "Federal law enforcement officer" means a person employed by the United States government and assigned to the federal bureau of investigation who is empowered to effect an arrest with or without a warrant for violation of the United States code and who is authorized to carry a firearm in the performance of the person's official duties as a federal law enforcement officer.
(2) "Law enforcement officer" has the meaning ascribed thereto in K.S.A. 21-5111, and amendments thereto.
(e) This section shall be a part of and supplemental to the Kansas code of criminal procedure.
History:
L. 2004, ch. 139, § 6; L. 2007, ch. 198, § 6; L. 2011, ch. 30, § 115; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2503 Territorial and time limitations on execution of certain search warrants.

22-2503. Territorial and time limitations on execution of certain search warrants.
(a) Except as provided in subsections (b) and (c), search warrants issued by a district magistrate judge may be executed only within the judicial district in which the judge resides or within the judicial district to which the judge has been assigned pursuant to K.S.A. 20-319, and amendments thereto.
(b) Search warrants issued pursuant to K.S.A. 22-2502(a)(2), and amendments thereto:
(1) That are issued by a district judge may be executed anywhere within the state; and
(2) shall be valid during the time period specified by the warrant regardless of whether the tracking device or the subject person or property leaves the issuing jurisdiction.
(c) Warrants issued for electronically stored information, electronic devices or media capable of storing electronically stored information located within Kansas authorize the transfer of such information, devices or media for further examination and review to anywhere within the state of Kansas or outside the state of Kansas at any time after the seizure unless otherwise specified in the warrant. The provisions of this subsection shall apply prospectively to warrants issued after July 1, 2019.
(d) As used in this section, "tracking data" and "tracking device" have the same meanings as defined in K.S.A. 22-2502, and amendments thereto.
History:
L. 1970, ch. 129, § 22-2503; L. 1976, ch. 163, § 3; L. 1979, ch. 96, § 1; L. 2013, ch. 118, § 3; L. 2019, ch. 30, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2504 Issuance of search warrant.

22-2504.
Issuance of search warrant.
All search warrants shall show the time and date of issuance and shall be the warrants of the magistrate issuing the same and not the warrants of the court in which he is then sitting and such warrants need not bear the seal of the court or clerk thereof. Such warrants may be transmitted by electronic communication, as defined in K.S.A. 22-2502, and amendments thereto. The statement on which the warrant is issued need not be filed with the clerk of the court nor with the court if there is no clerk until the warrant has been executed or has been returned "not executed."
History:
L. 1970, ch. 129, § 22-2504; L. 1992, ch. 128, § 18; L. 2010, ch. 70, § 5; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2505 Persons authorized to execute search warrants.

22-2505.
Persons authorized to execute search warrants.
A search warrant shall be issued in duplicate and shall be directed for execution to all law enforcement officers of the state, or to any law enforcement officer specifically named therein.
History:
L. 1970, ch. 129, § 22-2505; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2506 Execution of search warrants.

22-2506. Execution of search warrants.
(a) A search warrant shall be executed within 240 hours from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any things are seized or if no person is available the copy shall be left at the place from which the things were seized. Any warrant not executed within such time shall be void and shall be returned to the court of the magistrate issuing the same as "not executed."
(b) (1) A search warrant for a tracking device issued pursuant to K.S.A. 22-2502(a)(2), and amendments thereto, shall be sealed by the court and no copy left or served except as discovery in a criminal prosecution.
(2) The law enforcement officer executing a search warrant issued pursuant to K.S.A. 22-2502(a)(2), and amendments thereto, shall complete the installation of the tracking device within 15 days from the date of issuance. Such officer shall record on such warrant the exact date and time such tracking device was installed and the entire period during which such tracking device was used.
(3) (A) A tracking device shall be deactivated and removed as soon as practicable after the search warrant has expired. If removal of such tracking device is not possible, such tracking device shall be deactivated and shall not be reactivated without an additional warrant or extension of the original warrant and the search warrant return shall state the reasons removal has not been completed.
(B) A tracking device which has been deactivated may be accessed after the authorized warrant has expired solely for the purpose of collecting or retrieving tracking data obtained during the period specified by the search warrant.
(c) As used in this section:
(1) "Deactivate" means to discontinue the ability of a tracking device to determine or track the position or movement of a person or object; and
(2) "tracking data" and "tracking device" mean the same as defined in K.S.A. 22-2502, and amendments thereto.
History:
L. 1970, ch. 129, § 22-2506; L. 2013, ch. 118, § 4; L. 2022, ch. 78, § 4; L. 2022, ch. 92, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2507 Command of search warrant.

22-2507.
Command of search warrant.
A search warrant shall command the person directed to execute the same to search the person, place or means of conveyance particularly described in the warrant and to seize the things particularly described in the warrant.
History:
L. 1970, ch. 129, § 22-2507; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2508 Use of force in execution of search warrant.

22-2508.
Use of force in execution of search warrant.
All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant.
History:
L. 1970, ch. 129, § 22-2508; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2509 Detention and search of persons on premises.

22-2509.
Detention and search of persons on premises.
In the execution of a search warrant the person executing the same may reasonably detain and search any person in the place at the time:
(a) To protect himself from attack, or
(b) To prevent the disposal or concealment of any things particularly described in the warrant.
History:
L. 1970, ch. 129, § 22-2509; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2511 No warrant quashed for technicality.

22-2511.
No warrant quashed for technicality.
No search warrant shall be quashed or evidence suppressed because of technical irregularities not affecting the substantial rights of the accused.
History:
L. 1970, ch. 129, § 22-2511; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2517 Unlawful interception of wire or oral communication; evidentiary status of contents.

22-2517.
Unlawful interception of wire or oral communication; evidentiary status of contents.
Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee or other authority of this state, or a political subdivision thereof, if the disclosure of such information would be in violation of this chapter.
History:
L. 1974, ch. 150, § 4; L. 1976, ch. 165, § 5; May 8.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 25 - Search And Seizure › 22-2518 Same; civil action for damages; defense available in civil and criminal actions.

22-2518.
Same; civil action for damages; defense available in civil and criminal actions.
(1) Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act shall have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, disclose or use, such communications, and shall be entitled to recover from any such person:
(a) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater;
(b) punitive damages; and
(c) reasonable attorneys' fees and other litigation costs reasonably incurred.
(2) A good faith reliance by any person on a court order authorizing the interception of any wire, oral or electronic communication shall constitute a complete defense in any civil or criminal action brought against such person based upon such interception.
History:
L. 1974, ch. 150, § 5; L. 1988, ch. 117, § 4; July 1.