Kansas 2023-2024 Regular Session

Kansas House Bill HB2755

Introduced
2/7/24  
Refer
2/7/24  
Refer
2/12/24  
Report Pass
2/21/24  
Engrossed
2/28/24  
Refer
2/29/24  
Report Pass
3/25/24  

Caption

Requiring compensated sureties who post bond in municipal court to comply with certain requirements, requiring a minimum bond premium in district court and providing reasons for suspending or terminating authorization of a compensated surety.

Impact

The implementation of HB 2755 is anticipated to have significant implications for the bail system within Kansas. The bill reinforces the need for compensated sureties to undergo continuing education, promoting professionalism and better service delivery within this critical segment of the judicial process. Additionally, the stipulation of a minimum bond premium aims to standardize costs associated with bail, thereby protecting individuals from potential fee exploitation and ensuring a more equitable bail process. This could streamline practices across judicial districts and foster greater accountability among sureties.

Summary

House Bill 2755 addresses the regulation of compensated sureties who post bonds in municipal courts in the state of Kansas. The bill requires compensated sureties to comply with specific requirements, including the adherence to continuing education regulations, thus ensuring that they remain informed about the legal landscape regarding bail procedures and responsibilities. Furthermore, it establishes a minimum premium that compensated sureties must charge when posting an appearance bond, enhancing financial transparency and obligations between sureties and the accused individuals.

Contention

Notably, the legislation has faced scrutiny regarding the balance of authority between the judicial system and compensated sureties. Critics argue that while the bill seeks to professionalize the bail industry, it may unintentionally limit the flexibility of judicial districts to set their own bonding rules and processes. Additionally, concerns have been raised about the potential for increased costs to defendants due to the mandatory premium requirements. The bill's supporters, however, contend that these measures are essential for enhancing public safety and ensuring that parties involved in the bail process are held to high standards.

Companion Bills

No companion bills found.

Previously Filed As

KS SB473

Authorizing a notice to appear that meets certain requirements to serve as a lawful complaint under the Kansas code of criminal procedure, requiring a minimum bond premium in district court and providing reasons for suspending or terminating authorization of a compensated surety.

KS SB244

Prohibiting a compensated surety from making loans for certain portions of the required minimum appearance bond premium.

KS SB157

Requiring search warrants to be issued only on the statement of facts sufficient to show probable cause made by a law enforcement officer, warrants issued for failure to appear to be provided to a compensated surety, bond forfeiture to be set aside in certain circumstances and remission if the defendant is returned to custody in certain circumstances and prohibiting a compensated surety from making loans for certain portions of the required minimum appearance bond premium.

KS SB186

Modifying elements in the crimes of sexual exploitation of a child, unlawful transmission of a visual depiction of a child and breach of privacy, prohibiting certain acts related to visual depictions in which the person depicted is indistinguishable from a real child, morphed from a real child's image or generated without any actual child involvement, prohibiting dissemination of certain items that appear to depict or purport to depict an identifiable person, requiring affidavits or sworn testimony in support of probable cause to be made available to law enforcement, requiring the statement of facts sufficient to show probable cause justifying a search warrant to be made by a law enforcement officer, requiring that certain prior convictions be considered when bond is being set for certain sex offenses and specifying minimum requirements and conditions for such bond; relating to appearance bonds, requiring warrants for failure to appear to be given to sureties, allowing bond forfeiture to be set aside in certain circumstances and requiring remission in certain circumstances and prohibiting a compensated surety from making a loan for certain portions of the minimum appearance bond premium required.

KS HB2341

Requiring that sureties for bonds secured for the purpose of clearing contractors liens against property be licensed to do business in Kansas, providing that district courts award attorney fees and costs to successful claimants that demanded payment by the principal and surety prior to filing suit and did not receive payment and requiring a pretrial hearing in such a suit for the purpose of a preliminary finding by the court of whether the surety should pay the amount of the claim to the claimant or alternatively pay such amount into an account to be held by the court.

KS SB190

House Substitute for SB 190 by Committee on Judiciary - Requiring persons who file lawsuits for wrongful conviction compensation to prove additional information, changing the compensation rates to daily rates instead of yearly rates and limiting housing assistance to such persons.

KS HB410

Bail Bonds; Bail Reform Act of 1993 and Bail Bond Regulatory Act amended; certain undeposited fees forgiven; penalties for crime of bail jumping increased; to provide further for conditional forfeitures, out-of-state bondsmen and sureties, limitations on property owners as sureties; to provide further for the definition of an employee of a professional bail bond company or professional surety company, for the licensing and duties of apprentices; to increase the membership of the Alabama Professional Bail Bonding Board; provide for a late fee for renewals; and to require applicants for licensing to be residents of this state for at least one year

KS SB792

Bail bondsmen; stating requirements for accepting collateral, exception to bondsman licensing prohibitions and exoneration of bonds for cash bondsman; providing for state of emergency; requiring cash deposits within certain time. Effective date.

KS SB228

Requiring the secretary for aging and disability services to reimburse counties for certain costs when a person is in a county jail awaiting examination, evaluation or treatment for competency, modernizing statutes concerning county jails, removing the requirement that every county shall have a jail, modifying procedures used when district courts commit prisoners to jail in another county and when counties contract with city jails to keep prisoners and requiring a medical examination before certain United States prisoners or city prisoners are taken into custody of a county jail.

KS HB2389

Requiring certain prior convictions to be considered in determining bond when a person is arrested for certain sex offenses.

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