reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 31 - Inquisitions In Criminal Cases › 22-3101 Inquisitions; witnesses.

22-3101.
Inquisitions; witnesses.
(1) If the attorney general, an assistant attorney general, the county attorney or the district attorney of any county is informed or has knowledge of any alleged violation of the laws of Kansas, such person may apply to a district judge to conduct an inquisition. An application for an inquisition shall be in writing, verified under oath, setting forth the alleged violation of law. Upon the filing of the application, the judge with whom it is filed, on the written praecipe of such attorney, shall issue a subpoena for the witnesses named in such praecipe commanding them to appear and testify concerning the matters under investigation. Such subpoenas shall be served and returned as subpoenas for witnesses in criminal cases in the district court.
(2) If the attorney general, assistant attorney general, county attorney or district attorney, or in the absence of the county or district attorney a designated assistant county or district attorney, is informed or has knowledge of any alleged violation in this state pertaining to terrorism, illegal use of weapons of mass destruction, gambling, intoxicating liquors, criminal syndicalism, racketeering, bribery, tampering with a sports contest, narcotic or dangerous drugs or any violation of any law where the accused is a fugitive from justice, such attorney shall be authorized to issue subpoenas for such persons as such attorney has any reason to believe or has any information relating thereto or knowledge thereof, to appear before such attorney at a time and place to be designated in the subpoena and testify concerning any such violation. For such purposes, any prosecuting attorney shall be authorized to administer oaths. If an assistant county or district attorney is designated by the county or district attorney for the purposes of this subsection, such designation shall be filed with the chief judge of such judicial district.
(3) Each witness shall be sworn to make true answers to all questions propounded to such witness touching the matters under investigation. The testimony of each witness shall be reduced to writing and signed by the witness. Any person who disobeys a subpoena issued for such appearance or refuses to be sworn as a witness or answer any proper question propounded during the inquisition, may be adjudged in contempt of court and punished by fine and imprisonment.
History:
L. 1970, ch. 129, § 22-3101; L. 1976, ch. 145, § 107; L. 1994, ch. 348, § 7; L. 1999, ch. 57, § 31; L. 2006, ch. 146, § 10; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 31 - Inquisitions In Criminal Cases › 22-3102 Privilege against self-incrimination; grants of immunity.

22-3102. Privilege against self-incrimination; grants of immunity.
(a) No person called as a witness at an inquisition shall be required to make any statement which will incriminate such person.
(b) The county or district attorney, or the attorney general, may at any time, on behalf of the state, grant in writing to any person:
(1) Transactional immunity. Any person granted transactional immunity shall not be prosecuted for any crime which has been committed for which such immunity is granted or for any other transactions arising out of the same incident.
(2) Use and derivative immunity. Any person granted use and derivative use immunity may be prosecuted for any crime, but the state shall not use any testimony against such person provided under a grant of such immunity or any evidence derived from such testimony. Any defendant may file with the court a motion to suppress in writing to prevent the state from using evidence on the grounds that the evidence was derived from and obtained against the defendant as a result of testimony or statements made under such grant of immunity. The motion shall state facts supporting the allegations. Upon a hearing on such motion, the state shall have the burden to prove by clear and convincing evidence that the evidence was obtained independently and from a collateral source.
(c) Any person granted immunity under either or both subsections (b)(1) or (2) may not refuse to testify on grounds that such testimony may self incriminate unless such testimony may form the basis for a violation of federal law for which immunity under federal law has not been conferred. No person shall be compelled to testify in any proceeding where the person is a defendant.
(d) No immunity shall be granted for perjury as provided in K.S.A. 21-5903, and amendments thereto, which was committed in giving such evidence.
History:
L. 1970, ch. 129, § 22-3102; L. 1999, ch. 56, § 2; L. 2011, ch. 30, § 124; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 31 - Inquisitions In Criminal Cases › 22-3103 Use of testimony.

22-3103.
Use of testimony.
If the testimony taken at an inquisition discloses probable cause to believe that a crime has been committed within the county, the attorney general, assistant attorney general or county attorney may file such testimony, together with his complaint or information, verified on information and belief, against the person or persons alleged to have committed the crime. The complaint and the testimony filed therewith shall have the same effect as if the complaint or information had been verified positively and a warrant shall there upon be issued for the arrest of such person or persons as in other criminal cases.
History:
L. 1970, ch. 129, § 22-3103; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 31 - Inquisitions In Criminal Cases › 22-3104 Counsel for witness.

22-3104.
Counsel for witness.
(1) Any person called to testify at an inquisition must be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him. Upon a request by such person for counsel, no further examination of the witness shall take place until counsel is present. In the event that counsel of the witness' choice is not available, he shall be required to obtain other counsel within three (3) days in order that the inquisition may proceed. If such person is indigent and unable to obtain the services of counsel, the judge shall appoint counsel to assist him who shall be compensated as counsel appointed for indigent defendants in the district court.
(2) Counsel for any witness shall be present while the witness is testifying and may interpose objections on behalf of the witness. He shall not be permitted to examine or cross-examine his client or any other witness at the inquisition.
History:
L. 1970, ch. 129, § 22-3104; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 31 - Inquisitions In Criminal Cases › 22-3105 Witness fees.

22-3105.
Witness fees.
Witnesses attending an inquisition in response to a subpoena shall be allowed the same fees as are allowed witnesses in criminal cases in the district court; such fees are to be paid by the county in which the inquisition is held upon a certificate of attendance signed by the judge before whom the witness has appeared.
History:
L. 1970, ch. 129, § 22-3105; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3202 Joinder of charges and defendants.

22-3202.
Joinder of charges and defendants.
(1) Two or more crimes may be charged against a defendant in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
(2) When a felony and misdemeanor are joined as separate counts in the same complaint, both of such counts shall be tried together in the trial for which the defendant is bound over on the felony count. If the defendant is not bound over on the felony count, said defendant shall be tried on the misdemeanor count in the same manner as other prosecutions for misdemeanors.
(3) Two or more defendants may be charged in the same complaint, information or indictment if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting the crime or crimes. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
History:
L. 1970, ch. 129, § 22-3202; L. 1976, ch. 163, § 15; January 10, 1977.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3203 Consolidation for trial of separate indictments or informations.

22-3203.
Consolidation for trial of separate indictments or informations.
The court may order two or more complaints, informations or indictments against a single defendant to be tried together if the crimes could have been joined in a single complaint, information or indictment.
History:
L. 1970, ch. 129, § 22-3203; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3204 Joinder of defendants; separate trials.

22-3204.
Joinder of defendants; separate trials.
When two or more defendants are jointly charged with any crime, the court may order a separate trial for any one defendant when requested by such defendant or by the prosecuting attorney.
History:
L. 1970, ch. 129, § 22-3204; L. 1971, ch. 116, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3205 Arraignment.

22-3205.
Arraignment.
(a) Arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto. The defendant shall be given a copy of the indictment or information before the defendant is called upon to plead. Except as provided in subsection (b), if the crime charged is a felony, the defendant must be personally present for arraignment; if a misdemeanor, with the approval of the court, the defendant may appear by counsel. The court may direct any officer who has custody of the defendant to bring the defendant before the court to be arraigned.
(b) Arraignment may be conducted by two-way electronic audio-video communication between the defendant and the judge in lieu of personal presence of the defendant or the defendant's counsel in the courtroom in the discretion of the court. The defendant may be accompanied by the defendant's counsel during such arraignment. The defendant shall be informed of the defendant's right to be personally present in the courtroom during arraignment. Exercising the right to be present shall in no way prejudice the defendant.
(c) The court shall ensure that the defendant has been processed and fingerprinted pursuant to K.S.A. 21-2501, and 21-2501a and amendments thereto.
History:
L. 1970, ch. 129, § 22-3205; L. 1989, ch. 98, § 2; L. 1993, ch. 291, § 191; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3206 Time of arraignment.

22-3206.
Time of arraignment.
(1) A defendant charged with a felony in an information shall appear for arraignment upon such information in the district court not later than the next required day of court after the order of the magistrate binding over the defendant for trial, unless a later time is requested or consented to by the defendant and approved by the court or unless continued by order of the court.
(2) A defendant charged with a felony in an indictment shall appear for arraignment upon such indictment in the district court not later than the next required day of court after arrest upon a warrant issued on the indictment, unless a later time is requested or consented to by the defendant and approved by the court or unless continued by order of the court.
(3) If the preliminary examination is waived, arraignment shall be conducted at the time originally scheduled for the preliminary examination if a judge of the district court is available, subject to assignment pursuant to K.S.A. 20-329, and amendments thereto, to conduct the arraignment.
(4) The district judges in every judicial district shall provide by order for one or more required days of court each month in each county of the district, at which time a district judge will be personally present at the courthouse for the purpose of conducting arraignments.
History:
L. 1970, ch. 129, § 22-3206; L. 1972, ch. 121, § 1; L. 1976, ch. 163, § 16; am. by Supreme Court (order dated December 5, 1980); L. 1986, ch. 115, § 63; L. 1999, ch. 159, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3207 Misnomer.

22-3207.
Misnomer.
(1) If a defendant be charged or prosecuted by a wrong name, unless he declare his true name before pleading he shall be proceeded against by the name in the complaint, information or indictment.
(2) If the defendant states that another name is his true name, it shall be entered on the minutes of the court; and the subsequent proceedings on the complaint, information or indictment may be had against him by that name.
History:
L. 1970, ch. 129, § 22-3207; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3209 Pleas; effect.

22-3209.
Pleas; effect.
(1) A plea of guilty is admission of the truth of the charge and every material fact alleged therein.
(2) A plea of nolo contendere is a formal declaration that the defendant does not contest the charge. When a plea of nolo contendere is accepted by the court, a finding of guilty may be adjudged thereon. The plea cannot be used against the defendant as an admission in any other action based on the same act.
(3) A plea of not guilty denies and puts in issue every material fact alleged in the charge.
(4) If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a plea of not guilty on behalf of the defendant.
History:
L. 1970, ch. 129, § 22-3209; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3210 Plea of guilty or nolo contendere; time limitation.

22-3210.
Plea of guilty or nolo contendere; time limitation.
(a) Before or during trial a plea of guilty or nolo contendere may be accepted when:
(1) The defendant or counsel for the defendant enters such plea in open court; and
(2) in felony cases the court has informed the defendant of the consequences of the plea, including the specific sentencing guidelines level of any crime committed on or after July 1, 1993, and of the maximum penalty provided by law which may be imposed upon acceptance of such plea; and
(3) in felony cases the court has addressed the defendant personally and determined that the plea is made voluntarily with understanding of the nature of the charge and the consequences of the plea; and
(4) the court is satisfied that there is a factual basis for the plea.
(b) In felony cases the defendant must appear and plead personally and a verbatim record of all proceedings at the plea and entry of judgment thereon shall be made.
(c) In traffic infraction, cigarette or tobacco infraction and misdemeanor cases the court may allow the defendant to appear and plead by counsel.
(d) (1) A plea of guilty or nolo contendere, for good cause shown and within the discretion of the court, may be withdrawn at any time before sentence is adjudged.
(2) To correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw the plea.
(e) (1) Any action under subsection (d)(2) must be brought within one year of: (A) The final order of the last appellate court in this state to exercise jurisdiction on a direct appeal or the termination of such appellate jurisdiction; or (B) the denial of a petition for a writ of certiorari to the United States supreme court or issuance of such court's final order following the granting of such petition.
(2) The time limitation herein may be extended by the court only upon an additional, affirmative showing of excusable neglect by the defendant.
History: L. 1970, ch. 129, § 22-3210; L. 1982, ch. 146, § 1; L. 1984, ch. 39, § 39; L. 1994, ch. 291, § 60; L. 1996, ch. 214, § 31; L. 2009, ch. 61, § 1; April 16.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3213 Demands for production of statements and reports of witnesses.

22-3213. Demands for production of statements and reports of witnesses.
(a) In any criminal prosecution brought by the state of Kansas, no statement or report in the possession of the prosecution which was made by a state witness or prospective state witness, other than the defendant, shall be the subject of subpoena, discovery or inspection until such witness has testified on direct examination at the preliminary hearing or in the trial of the case.
(b) After a witness called by the state has testified on direct examination, the court shall, on motion of the defendant, order the prosecution to produce any statement, as defined in subsection (d), of the witness in the possession of the prosecution which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defense for examination and use by the defense.
(c) If the prosecution claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the prosecution to deliver such statement for the inspection of the court in camera. Upon such delivery the court shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness. With such material excised, the court shall then direct delivery of such statement to the defense for use by the defense. If, pursuant to such procedure, any portion of such statement is withheld from the defense and the defense objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of such statement shall be preserved by the prosecution and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defense pursuant to this section, the court in its discretion, upon application of the defense, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of such statement by the defense and preparation for its use in the trial.
(d) The term "statement," as used in subsections (b) and (c) in relation to any witness called by the prosecution means:
(1) A written statement made by such witness and signed or otherwise adopted or approved by such witness; or
(2) a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by such witness and recorded contemporaneously with the making of such oral statement.
History:
L. 1970, ch. 129, § 22-3213; L. 2014, ch. 34, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3214 Subpoenas.

22-3214.
Subpoenas.
(1) The prosecution and any person charged with a crime shall be entitled to the use of subpoenas and other compulsory process to obtain the attendance of witnesses. Except as otherwise provided by law, such subpoenas and other compulsory process shall be issued and served in the same manner and the disobedience thereof punished the same as in civil cases.
(2) All courts having criminal jurisdiction shall have the power to compel the attendance of witnesses from any county in the state to testify either for the prosecution or for the defendant and to direct law enforcement officers to serve subpoenas to obtain the attendance of witnesses at all proceedings conducted by the court anytime after the arrest of any person.
(3) It shall not be necessary to tender any fee or mileage allowance to any witness when he is served with a subpoena to attend any criminal case and give testimony either on behalf of the prosecution or the defendant.
History:
L. 1970, ch. 129, § 22-3214; L. 1994, ch. 286, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3215 Motion to suppress confession or admission.

22-3215.
Motion to suppress confession or admission.
(1) Prior to the preliminary examination or trial a defendant may move to suppress as evidence any confession or admission given by him on the ground that it is not admissible as evidence.
(2) The motion shall be in writing and shall allege the grounds upon which it is claimed that the confession or admission is not admissible as evidence.
(3) If the motion alleges grounds which, if proved, would show the confession or admission not to be admissible the court shall conduct a hearing into the merits of the motion.
(4) The burden of proving that a confession or admission is admissible shall be on the prosecution.
(5) The issue of the admissibility of the confession or admission shall not be submitted to the jury. The circumstances surrounding the making of the confession or admission may be submitted to the jury as bearing upon the credibility or the weight to be given to the confession or admission.
(6) The motion shall be made before preliminary examination or trial, unless opportunity therefor did not exist or the defendant was not aware of the ground for the motion, but the court in its discretion may entertain the motion at the preliminary examination or the trial.
History:
L. 1970, ch. 129, § 22-3215; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3216 Motion to suppress illegally seized evidence.

22-3216.
Motion to suppress illegally seized evidence.
(1) Prior to the trial a defendant aggrieved by an unlawful search and seizure may move for the return of property and to suppress as evidence anything so obtained.
(2) The motion shall be in writing and state facts showing wherein the search and seizure were unlawful. The judge shall receive evidence on any issue of fact necessary to determine the motion and the burden of proving that the search and seizure were lawful shall be on the prosecution. If the motion is granted then at the final conclusion of the case, the court shall order the suppressed evidence restored to the party entitled thereto, unless it is otherwise subject to lawful detention.
(3) The motion shall be made before trial, in the court having jurisdiction to try the case, unless opportunity therefor did not exist or the defendant was not aware of the ground for the motion, but the court in its discretion may entertain the motion at the trial.
(4) A motion to suppress illegally seized evidence may be made before or during a preliminary examination. If the motion is granted the suppressed evidence shall be held subject to further order of the magistrate. If the defendant is bound over for trial, the suppressed evidence shall thereupon become subject to the orders of the district court. If the defendant is not bound over and if no further proceedings are instituted on the particular charge or involving the particular suppressed evidence within ninety (90) days after the granting of the order, then the magistrate shall order the suppressed evidence restored to the party entitled thereto, unless it is otherwise subject to lawful detention.
History:
L. 1970, ch. 129, § 22-3216; L. 1971, ch. 114, § 5; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3217 Pretrial conference.

22-3217.
Pretrial conference.
At any time after the filing of the indictment or information the court upon motion of any party or upon its own motion may order one or more conferences to consider such matters as will promote a fair and expeditious trial. At the conclusion of a conference the court shall prepare and file a memorandum of the matters agreed upon. No admissions made by the defendant or his attorney at the conference shall be used against the defendant unless the admissions are reduced to writing and signed by the defendant and his attorney. This section shall not be invoked in the case of a defendant who is not represented by counsel.
History:
L. 1970, ch. 129, § 22-3217; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3219 otice and procedure; mental examination.

22-3219.
N
otice and procedure; mental examination.
(1) Evidence of mental disease or defect excluding criminal responsibility is not admissible upon a trial unless the defendant serves upon the prosecuting attorney and files with the court a written notice of such defendant's intention to assert the defense that the defendant, as a result of mental disease or defect lacked the mental state required as an element of the offense charged. Such notice must be served and filed before trial and not more than 30 days after entry of the plea of not guilty to the information or indictment. For good cause shown the court may permit notice at a later date.
(2) A defendant who files a notice of intention to assert the defense that the defendant, as a result of mental disease or defect lacked the mental state required as an element of the offense charged thereby submits and consents to abide by such further orders as the court may make requiring the mental examination of the defendant and designating the place of examination and the physician or licensed psychologist by whom such examination shall be made. No order of the court respecting a mental examination shall preclude the defendant from procuring at such defendant's own expense an examination by a physician or licensed psychologist of such defendant's own choosing. A defendant requesting a mental examination pursuant to K.S.A. 22-4508, and amendments thereto, may request a physician or licensed psychologist of such defendant's own choosing. The judge shall inquire as to the estimated cost for such examination and shall appoint the requested physician or licensed psychologist if such physician or licensed psychologist agrees to accept compensation in an amount in accordance with the compensation standards set by the board of supervisors of panels to aid indigent defendants. A report of each mental examination of the defendant shall be filed in the court and copies thereof shall be supplied to the defendant and the prosecuting attorney.
History:
L. 1970, ch. 129, § 22-3219; L. 1977, ch. 120, § 1; L. 1989, ch. 92, § 34; L. 1993, ch. 247, § 1; L. 1995, ch. 251, § 25; January 1, 1996.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3221 pecial jury question.

22-3221.
S
pecial jury question.
In any case in which the defense has offered substantial evidence of a mental disease or defect excluding the mental state required as an element of the offense charged, and the jury returns a verdict of "not guilty," the jury shall also answer a special question in the following form: "Do you find the defendant not guilty solely because the defendant, at the time of the alleged crime, was suffering from a mental disease or defect which rendered the defendant incapable of possessing the required criminal intent?" The provisions of this section shall be in force and take effect on and after January 1, 1996.
History:
L. 1995, ch. 251, § 21; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 32 - Proceedings Before Trial › 22-3222 ental examination, commitment to certain institutions.

22-3222.
M
ental examination, commitment to certain institutions.
In any case in which the defendant is found not guilty of a charged crime, and the special question under K.S.A. 22-3221 is answered in the affirmative and the defendant is also found guilty of a lesser included or otherwise charged offense, the court shall proceed in the manner authorized by K.S.A. 22-3429 et seq., and amendments thereto. The provisions of this section shall be in force and take effect on and after January 1, 1996.
History:
L. 1995, ch. 251, § 22; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 33 - Competency Of Defendant To Stand Trial › 22-3301 Definitions.

22-3301. Definitions.
For the purpose of this article:
(a) A person is "incompetent to stand trial" when such person is charged with a crime and, because of mental illness or defect is unable:
(1) To understand the nature and purpose of the proceedings against such person; or
(2) to make or assist in making such person's defense.
(b) Whenever the words "competent," "competency," "incompetent" and "incompetency" are used without qualification in this article, they shall refer to the defendant's competency or incompetency to stand trial, as defined in subsection (a).
(c) "Appropriate state, county or private institution or facility" means a facility with sufficient resources, staffing and space to conduct the evaluation or restoration treatment of the defendant. "Appropriate state, county or private institution or facility" does not include a jail or correctional facility as a location where evaluation and restoration treatment services are provided unless the administrative head or law enforcement official in charge of the jail or correctional facility agrees that the facility has the appropriate physical and care capabilities that such services may be provided by:
(1) The state security hospital or its agent or a state hospital or its agent;
(2) a qualified mental health professional as defined in K.S.A. 59-2946, and amendments thereto, who is qualified by training and expertise to conduct competency restoration treatment;
(3) an individual who is qualified by training and experience to conduct competency evaluations and restoration treatment and is licensed by the behavioral sciences regulatory board; or
(4) a physician who is qualified by training and experience to conduct competency evaluations and restoration treatment and is licensed by the state board of healing arts.
History:
L. 1970, ch. 129, § 22-3301; L. 2022, ch. 76, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 33 - Competency Of Defendant To Stand Trial › 22-3306 Task force to study programs for alleged offenders with disabilities who are potentially incompetent to stand trial and make recommendations.

22-3306.
Task force to study programs for alleged offenders with disabilities who are potentially incompetent to stand trial and make recommendations.
The secretary of social and rehabilitation services shall convene a task force to study current programs and laws for alleged offenders with disabilities that render such offenders potentially incompetent to stand trial, but who do not meet the criteria for involuntary commitment under Kansas law. The task force shall review and make recommendations on the adequacy of Kansas programs and services, and current Kansas law, in protecting public safety and in providing services and support to such alleged offenders. The secretary shall report to the judiciary committee during the 2001 interim and shall make a final report* including programmatic and statutory recommendations to the 2002 legislature.
History:
L. 2001, ch. 208, § 9; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3401 Time of trial.

22-3401.
Time of trial.
All persons charged with crime shall be tried without unnecessary delay. Continuances may be granted to either party for good cause shown.
History:
L. 1970, ch. 129, § 22-3401; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3403 Method of trial of felony cases.

22-3403.
Method of trial of felony cases.
(1) The defendant and prosecuting attorney, with the consent of the court, may submit the trial of any felony to the court. All other trials of felony cases shall be by jury.
(2) A jury in a felony case shall consist of twelve members. However the parties may agree in writing, at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than twelve.
(3) When the trial is to a jury, questions of law shall be decided by the court and issues of fact shall be determined by the jury.
History:
L. 1970, ch. 129, § 22-3403; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3404 Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial.

22-3404.
Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial.
(1) The trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant's counsel. The time requirement provided in this subsection regarding when a jury trial shall be requested may be waived in the discretion of the court upon a finding that imposing such time requirement would cause undue hardship or prejudice to the defendant.
(2) A jury in a misdemeanor case shall consist of six members.
(3) Trials in the municipal court of a city shall be to the court.
(4) Except as otherwise provided by law, the rules and procedures applicable to jury trials in felony cases shall apply to jury trials in misdemeanor cases.
(5) The trial of cigarette or tobacco infraction or traffic infraction cases shall be to the court.
History:
L. 1970, ch. 129, § 22-3404; L. 1976, ch. 163, § 19; L. 1977, ch. 112, § 8; L. 1981, ch. 154, § 1; L. 1984, ch. 39, § 40; L. 1989, ch. 100, § 1; L. 1990, ch. 109, § 1; L. 1996, ch. 214, § 32; L. 1998, ch. 192, § 4; May 28.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3405 Presence of defendant.

22-3405. Presence of defendant.
(a) The defendant in a felony case shall be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by law. In prosecutions for crimes not punishable by death or life without the possibility of parole, the defendant's voluntary absence after the trial has been commenced in such person's presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by counsel for all purposes.
(b) The defendant must be present, either personally or by counsel, at every stage of the trial of traffic infraction, cigarette or tobacco infraction and misdemeanor cases.
History:
L. 1970, ch. 129, § 22-3405; L. 1984, ch. 39, § 41; L. 1996, ch. 214, § 33; L. 2014, ch. 114, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3406 Time to prepare for trial.

22-3406.
Time to prepare for trial.
After arraignment, the defendant shall be entitled to a reasonable time to prepare for trial.
History:
L. 1970, ch. 129, § 22-3406; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3407 Motion to discharge jury panel.

22-3407.
Motion to discharge jury panel.
(1) Any objection to the manner in which a jury panel has been selected or drawn shall be raised by a motion to discharge the jury panel. The motion shall be made at least five days prior to the date set for trial if the names and addresses of the panel members and the grounds for objection thereto are known to the parties or can be learned by an inspection of the records of the clerk of the district court at that time; in other cases the motion must be made prior to the time when the jury is sworn to try the case. For good cause shown, the court may entertain the motion at any time thereafter.
(2) The motion shall be in writing and shall state facts which, if true, show that the jury panel was improperly selected or drawn.
(3) If the motion states facts which, if true, show that the jury panel has been improperly selected or drawn, it shall be the duty of the court to conduct a hearing. The burden of proof shall be on the movant.
(4) If the court finds that the jury panel was improperly selected or drawn, the court shall order the jury panel discharged and the selection or drawing of a new panel in the manner provided by law.
History:
L. 1970, ch. 129, § 22-3407; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3408 Trial jurors.

22-3408. Trial jurors.
(1) When drawn, a list of prospective jurors shall be filed in the office of the clerk of the court and shall be a public record.
(2) (a) The qualifications of jurors and grounds for exemption from jury service in civil cases shall be applicable in criminal trials, except as otherwise provided by law.
(b) An exemption from service on a jury is not a basis for challenge, but is the privilege of the person exempted.
(3) The prosecuting attorney and the defendant or the defendant's attorney shall conduct the examination of prospective jurors. The court may conduct an additional examination. The court may limit the examination by the defendant, the defendant's attorney or the prosecuting attorney if the court believes such examination to be harassment, is causing unnecessary delay or serves no useful purpose.
History:
L. 1970, ch. 129, § 22-3408; L. 2017, ch. 73, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3409 Summoning jurors in misdemeanor case.

22-3409.
Summoning jurors in misdemeanor case.
When a jury trial is demanded, as provided by law, for misdemeanor cases, the judge shall summon not less than 12 prospective jurors from the source and in the manner provided for the summoning of other petit jurors in the district court in the county.
History:
L. 1970, ch. 129, § 22-3409; L. 1976, ch. 163, § 20; L. 1981, ch. 154, § 2; L. 1984, ch. 39, § 42; L. 1996, ch. 214, § 34; L. 1998, ch. 192, § 6; May 28.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3410 Challenges for cause.

22-3410.
Challenges for cause.
(1) Each party may challenge any prospective juror for cause. Challenges for cause shall be tried by the court.
(2) A juror may be challenged for cause on any of the following grounds:
(a) He is related to the defendant, or a person alleged to have been injured by the crime charged or the person on whose complaint the prosecution was begun, by consanguinity within the sixth degree, or is the spouse of any person so related.
(b) He is attorney, client, employer, employee, landlord, tenant, debtor, creditor or a member of the household of the defendant or a person alleged to have been injured by the crime charged or the person on whose complaint the prosecution was instituted.
(c) He is or has been a party adverse to the defendant in a civil action, or has complained against or been accused by him in a criminal prosecution.
(d) He has served on the grand jury which returned the indictment or on a coroner's jury which inquired into the death of a person whose death is the subject of the indictment or information, or on any other investigatory body which inquired into the facts of the crime charged.
(e) He was a juror at a former trial of the same cause.
(f) He was a juror in a civil action against the defendant arising out of the act charged as a crime.
(g) He was a witness to the act or acts alleged to constitute the crime.
(h) He occupies a fiduciary relationship to the defendant or a person alleged to have been injured by the crime or the person on whose complaint the prosecution was instituted.
(i) His state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he can act impartially and without prejudice to the substantial rights of any party.
(3) All challenges for cause must be made before the jury is sworn to try the case.
History:
L. 1970, ch. 129, § 22-3410; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3411a Felony trials; number of jurors.

22-3411a.
Felony trials; number of jurors.
In all felony trials, upon the request of either the prosecution or the defendant, the court shall cause enough jurors to be called, examined, and passed for cause before any peremptory challenges are required, so that there will remain sufficient jurors, after the number of peremptory challenges allowed by law for the case on trial shall have been exhausted, to enable the court to cause 12 jurors to be sworn to try the case.
History:
L. 1981, ch. 155, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3413 Juror's knowledge of material fact.

22-3413.
Juror's knowledge of material fact.
If a juror has personal knowledge of any fact material to the case, he must inform the court and shall not speak of such fact to other jurors out of court. If a juror has personal knowledge of a fact material to the case, gained from sources other than evidence presented at trial and shall speak of such fact to other jurors without the knowledge of the court or the defendant, he may be adjudged in contempt and punished accordingly.
History:
L. 1970, ch. 129, § 22-3413; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3414 Order of trial.

22-3414. Order of trial.
(1) The prosecuting attorney shall state the case and offer evidence in support of the prosecution. The defendant may make an opening statement prior to the prosecution's offer of evidence, or may make such statement and offer evidence in support of such statement after the prosecution rests.
(2) The parties may then respectively offer rebutting testimony only, unless the court, for good cause, permits them to offer evidence upon their original case.
(3) At the close of the evidence or at such earlier time during the trial as the judge reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. The judge shall instruct the jury at the close of the evidence before argument and the judge, in the judge's discretion, after the opening statements, may instruct the jury on such matters as in the judge's opinion will assist the jury in considering the evidence as it is presented. In cases where there is some evidence which would reasonably justify a conviction of some lesser included crime as provided in subsection (b) of K.S.A. 21-5109, and amendments thereto, the judge shall instruct the jury as to the crime charged and any such lesser included crime.
The court shall pass upon the objections to the instructions and shall either give each instruction as requested or proposed or refuse to do so, or give the requested instruction with modification. All instructions given or requested must be filed as a part of the record of the case.
The court reporter shall record all objections to the instructions given or refused by the court, together with modifications made, and the rulings of the court.
No party may assign as error the giving or failure to give an instruction, including a lesser included crime instruction, unless the party objects thereto before the jury retires to consider its verdict stating distinctly the matter to which the party objects and the grounds of the objection unless the instruction or the failure to give an instruction is clearly erroneous. Opportunity shall be given to make the objections out of the hearing of the jury.
(4) When the jury has been instructed, unless the case is submitted to the jury on either side or on both sides without argument, the prosecuting attorney may commence and may conclude the argument. If there is more than one defendant, the court shall determine their relative order in presentation of evidence and argument. In arguing the case, comment may be made upon the law of the case as given in the instructions, as well as upon the evidence.
History:
L. 1970, ch. 129, § 22-3414; L. 1971, ch. 114, § 7; L. 1998, ch. 185, § 3; L. 2011, ch. 30, § 127; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3415 Laws applicable to witnesses; immunity from prosecution or punishment.

22-3415. Laws applicable to witnesses; immunity from prosecution or punishment.
(a) The provisions of law in civil cases relative to compelling the attendance and testimony of witnesses, their examination, the administration of oaths and affirmations, and proceedings as for contempt, to enforce the remedies and protect the rights of the parties, shall extend to criminal cases so far as they are in their nature applicable, unless other provision is made by statute.
(b) The county or district attorney or the attorney general may at any time, on behalf of the state, grant in writing to any person:
(1) Transactional immunity. Any person granted transactional immunity shall not be prosecuted for any crime which has been committed for which such immunity is granted or for any other transactions arising out of the same incident.
(2) Use and derivative immunity. Any person granted use and derivative use immunity may be prosecuted for any crime, but the state shall not use any testimony against such person provided under a grant of such immunity or any evidence derived from such testimony. Any defendant may file with the court a motion to suppress in writing to prevent the state from using evidence on the grounds that the evidence was derived from and obtained against the defendant as a result of testimony or statements made under such grant of immunity. The motion shall state facts supporting the allegations. Upon a hearing on such motion, the state shall have the burden to prove by clear and convincing evidence that the evidence was obtained independently and from a collateral source.
(c) Any person granted immunity under either or both of subsection (b)(1) or (2) may not refuse to testify on grounds that such testimony may self incriminate unless such testimony may form the basis for a violation of federal law for which immunity under federal law has not been conferred. No person shall be compelled to testify in any proceeding where the person is a defendant.
(d) No immunity shall be granted for perjury as provided in K.S.A. 21-5903, and amendments thereto, which was committed in giving such evidence.
History:
L. 1970, ch. 129, § 22-3415; L. 1972, ch. 122, § 1; L. 1999, ch. 56, § 3; L. 2011, ch. 30, § 128; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3416 Prisoner as witness.

22-3416. Prisoner as witness.
No prisoner in the custody of the secretary of corrections shall be required to attend as a witness in any criminal action or proceeding except on order of the court before whom the prosecution is pending and under such terms as the court may prescribe.
History:
L. 1970, ch. 129, § 22-3416; L. 2012, ch. 51, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 34 - Trials And Incidents Thereto › 22-3417 Objections to rulings.

22-3417.
Objections to rulings.
Formal exceptions to rulings or orders of the court are unnecessary. It is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.
History:
L. 1970, ch. 129, § 22-3417; July 1.