Session of 2024
SENATE BILL No. 473
By Committee on Judiciary
2-6
AN ACT concerning crimes, punishment and criminal procedure; relating
to the Kansas code of criminal procedure; authorizing a notice to
appear that meets certain requirements to serve as a lawful complaint;
amending K.S.A. 22-2202 and 22-2408 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 22-2202 is hereby amended to read as follows: 22-
2202. Subject to K.S.A. 22-2201, and amendments thereto, as used in this
code:
(a) "Absconds from supervision" means knowingly avoiding
supervision or knowingly making the defendant's whereabouts unknown to
the defendant's supervising court services officer or community
correctional services officer.
(b) "Appellate court" means the supreme court or court of appeals,
depending on the context in which the term is used and the respective
jurisdiction of those courts over appeals in criminal cases, as provided in
K.S.A. 22-3601, and amendments thereto.
(c) "Appearance bond" means an agreement, with or without security,
entered into by a person in custody by which the person is bound to
comply with the conditions specified in the agreement.
(d) "Arraignment" means the formal act of calling the defendant
before a court having jurisdiction to impose sentence for the offense
charged, informing the defendant of the offense with which the defendant
is charged, and asking the defendant whether the defendant is guilty or not
guilty.
(e) "Arrest" means the taking of a person into custody in order that
the person may be forthcoming to answer for the commission of a crime.
The giving of a notice to appear is not an arrest.
(f) "Bail" means the security given for the purpose of insuring
compliance with the terms of an appearance bond.
(g) "Bind over" means require a defendant to appear and answer
before a district judge having jurisdiction to try the defendant for the
felony with which the defendant is charged.
(h) "Charge" means a written statement presented to a court accusing
a person of the commission of a crime and includes a complaint,
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information or indictment.
(i) "Complaint" means a written statement under oath of the essential
facts constituting a crime, except that the following shall be deemed a
valid complaint if signed by the law enforcement officer:
(1) A citation or notice to appear issued by a law enforcement officer
pursuant to and in compliance with K.S.A. 8-2106, and amendments
thereto, or ;
(2) a citation or notice to appear issued pursuant to and in compliance
with K.S.A. 32-1049, and amendments thereto, shall be deemed a valid
complaint if it is signed by the law enforcement officer; or
(3) a notice to appear issued by a law enforcement officer pursuant
to and in compliance with K.S.A. 22-2408, and amendments thereto, for
any unclassified misdemeanor or nonperson misdemeanor if:
(A) There is a memorandum of agreement between the law
enforcement agency that employs such officer and the county or district
attorney in the jurisdiction where the notice to appear is issued; and
(B) the notice to appear complies with the requirements of the
memorandum of agreement and K.S.A. 22-3201(b), and amendments
thereto.
(j) "Custody" means the restraint of a person pursuant to an arrest or
the order of a court or magistrate.
(k) "Detention" means the temporary restraint of a person by a law
enforcement officer.
(l) "Indictment" means a written statement, presented by a grand jury
to a court, which that charges the commission of a crime.
(m) "Information" means a verified written statement signed by a
county attorney or other authorized representative of the state of Kansas,
presented to a court, which that charges the commission of a crime. An
information verified upon information and belief by the county attorney or
other authorized representative of the state of Kansas shall be sufficient.
(n) "Law enforcement officer" means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for violation of the laws of the state of
Kansas or ordinances of any municipality thereof or with a duty to
maintain or assert custody or supervision over persons accused or
convicted of crime, and includes court services officers, community
corrections officers, parole officers and directors, security personnel and
keepers of correctional institutions, jails or other institutions for the
detention of persons accused or convicted of crime, while acting within the
scope of their authority.
(o) "Magistrate" means an officer having power to issue a warrant for
the arrest of a person charged with a crime and includes justices of the
supreme court, judges of the court of appeals and judges of district courts.
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(p) "Notice to appear" means a written request, issued by a law
enforcement officer, that a person appear before a designated court at a
stated time and place.
(q) "Preliminary examination" means a hearing before a magistrate
on a complaint or information to determine if a felony has been committed
and if there is probable cause to believe that the person charged committed
such felony.
(r) "Prosecuting attorney" means any attorney who is authorized by
law to appear for and on behalf of the state of Kansas in a criminal case,
and includes the attorney general, an assistant attorney general, the county
or district attorney, an assistant county or district attorney and any special
prosecutor whose appearance is approved by the court. In the case of
prosecution for violation of a city ordinance, "prosecuting attorney" means
the city attorney or any assistant city attorney.
(s) "Search warrant" means a written order made by a magistrate
directed to a law enforcement officer commanding the officer to search the
premises described in the search warrant and to seize property described or
identified in the search warrant.
(t) "Summons" means a written order issued by a magistrate directing
that a person appear before a designated court at a stated time and place
and answer to a charge pending against the person.
(u) "Warrant" means a written order made by a magistrate directed to
any law enforcement officer commanding the officer to arrest the person
named or described in the warrant.
Sec. 2. K.S.A. 22-2408 is hereby amended to read as follows: 22-
2408. (1)(a) Except as otherwise provided in subsection (6) of this section
(f), 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)(b) 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)(c) 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)(d) 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
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detained, and the officer shall forthwith release the person.
(5)(e) (1) Except as provided in paragraph (2), 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) (d) is given
notice to appear, charging the crime stated in said such notice.
(2) The provisions of paragraph (1) shall not apply if the notice to
appear is a valid complaint pursuant to K.S.A. 22-2202, and amendments
thereto.
(3) 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)(f) 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.
Sec. 3. K.S.A. 22-2202 and 22-2408 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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