Kansas 2023-2024 Regular Session

Kansas Senate Bill SB473 Compare Versions

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Version 2 (New)

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	1	+	Session of 2024
1	2		SENATE BILL No. 473
2		-	AN ACT concerning crimes, punishment and criminal procedure; relating to the Kansas
3		-	code of criminal procedure; authorizing a notice to appear that meets certain
4		-	requirements to serve as a lawful complaint; requiring a minimum appearance bond
5		-	premium in district court; providing reasons for suspending or terminating
6		-	authorization of a compensated surety; authorizing the chief judge of a judicial
7		-	district to require a compensated surety to submit to a state and national criminal
8		-	history record check; amending K.S.A. 22-2202, 22-2408 and 22-2809b and
9		-	repealing the existing sections.
	3	+	By Committee on Judiciary
	4	+	2-6
	5	+	AN ACT concerning crimes, punishment and criminal procedure; relating
	6	+	to the Kansas code of criminal procedure; authorizing a notice to
	7	+	appear that meets certain requirements to serve as a lawful complaint;
	8	+	amending K.S.A. 22-2202 and 22-2408 and repealing the existing
	9	+	sections.
10	10		Be it enacted by the Legislature of the State of Kansas:
11		-	Section 1. K.S.A. 22-2202 is hereby amended to read as follows:
12		-	~~22-~~2202. Subject to K.S.A. 22-2201, and amendments thereto, as used
13		-	~~in this~~ code:
	11	+	Section 1. K.S.A. 22-2202 is hereby amended to read as follows: 22-
	12	+	2202. Subject to K.S.A. 22-2201, and amendments thereto, as used in this
	13	+	code:
14	14		(a) "Absconds from supervision" means knowingly avoiding
15		-	supervision or knowingly making the defendant's whereabouts
16		-	~~unknown to~~ the defendant's supervising court services officer or
17		-	~~community~~ correctional services officer.
	15	+	supervision or knowingly making the defendant's whereabouts unknown to
	16	+	the defendant's supervising court services officer or community
	17	+	correctional services officer.
18	18		(b) "Appellate court" means the supreme court or court of appeals,
19	19		depending on the context in which the term is used and the respective
20		-	jurisdiction of those courts over appeals in criminal cases, as provided
21		-	in K.S.A. 22-3601, and amendments thereto.
22		-	(c) "Appearance bond" means an agreement, with or without
23		-	~~security,~~ entered into by a person in custody by which the person is
24		-	~~bound to~~ comply with the conditions specified in the agreement.
	20	+	jurisdiction of those courts over appeals in criminal cases, as provided in
	21	+	K.S.A. 22-3601, and amendments thereto.
	22	+	(c) "Appearance bond" means an agreement, with or without security,
	23	+	entered into by a person in custody by which the person is bound to
	24	+	comply with the conditions specified in the agreement.
25	25		(d) "Arraignment" means the formal act of calling the defendant
26	26		before a court having jurisdiction to impose sentence for the offense
27		-	charged, informing the defendant of the offense with which the
28		-	~~defendant~~ is charged, and asking the defendant whether the defendant is
29		-	~~guilty or not~~ guilty.
	27	+	charged, informing the defendant of the offense with which the defendant
	28	+	is charged, and asking the defendant whether the defendant is guilty or not
	29	+	guilty.
30	30		(e) "Arrest" means the taking of a person into custody in order that
31		-	the person may be forthcoming to answer for the commission of a
32		-	~~crime.~~ The giving of a notice to appear is not an arrest.
	31	+	the person may be forthcoming to answer for the commission of a crime.
	32	+	The giving of a notice to appear is not an arrest.
33	33		(f) "Bail" means the security given for the purpose of insuring
34	34		compliance with the terms of an appearance bond.
35	35		(g) "Bind over" means require a defendant to appear and answer
36	36		before a district judge having jurisdiction to try the defendant for the
37	37		felony with which the defendant is charged.
38		-	(h) "Charge" means a written statement presented to a court
39		-	accusing a person of the commission of a crime and includes a
40		-	complaint, information or indictment.
41		-	(i) "Complaint" means a written statement under oath of the
42		-	essential facts constituting a crime, except that the following shall be
43		-	deemed a valid complaint if signed by the law enforcement officer:
44		-	(1) A citation or notice to appear issued by a law enforcement
45		-	officer pursuant to and in compliance with K.S.A. 8-2106, and
46		-	amendments thereto, or ;
47		-	(2) a citation or notice to appear issued pursuant to and in
48		-	compliance with K.S.A. 32-1049, and amendments thereto, shall be
49		-	deemed a valid complaint if it is signed by the law enforcement officer;
50		-	or
51		-	(3) a notice to appear issued by a law enforcement officer
52		-	pursuant to and in compliance with K.S.A. 22-2408, and amendments
53		-	thereto, for any unclassified misdemeanor or nonperson misdemeanor
54		-	if:
	38	+	(h) "Charge" means a written statement presented to a court accusing
	39	+	a person of the commission of a crime and includes a complaint,
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	76	+	information or indictment.
	77	+	(i) "Complaint" means a written statement under oath of the essential
	78	+	facts constituting a crime, except that the following shall be deemed a
	79	+	valid complaint if signed by the law enforcement officer:
	80	+	(1) A citation or notice to appear issued by a law enforcement officer
	81	+	pursuant to and in compliance with K.S.A. 8-2106, and amendments
	82	+	thereto, or ;
	83	+	(2) a citation or notice to appear issued pursuant to and in compliance
	84	+	with K.S.A. 32-1049, and amendments thereto, shall be deemed a valid
	85	+	complaint if it is signed by the law enforcement officer; or
	86	+	(3) a notice to appear issued by a law enforcement officer pursuant
	87	+	to and in compliance with K.S.A. 22-2408, and amendments thereto, for
	88	+	any unclassified misdemeanor or nonperson misdemeanor if:
55	89		(A) There is a memorandum of agreement between the law
56	90		enforcement agency that employs such officer and the county or district
57	91		attorney in the jurisdiction where the notice to appear is issued; and
58	92		(B) the notice to appear complies with the requirements of the
59	93		memorandum of agreement and K.S.A. 22-3201(b), and amendments
60	94		thereto.
61		-	(j) "Custody" means the restraint of a person pursuant to an arrest ~~SENATE BILL No. 473—page 2~~
62		-	or the order of a court or magistrate.
	95	+	(j) "Custody" means the restraint of a person pursuant to an arrest or
	96	+	the order of a court or magistrate.
63	97		(k) "Detention" means the temporary restraint of a person by a law
64	98		enforcement officer.
65		-	(l) "Indictment" means a written statement, presented by a grand
66		-	~~jury~~ to a court, which that charges the commission of a crime.
	99	+	(l) "Indictment" means a written statement, presented by a grand jury
	100	+	to a court, which that charges the commission of a crime.
67	101		(m) "Information" means a verified written statement signed by a
68		-	county attorney or other authorized representative of the state of
69		-	Kansas, presented to a court, which that charges the commission of a
70		-	crime. An information verified upon information and belief by the
71		-	county attorney or other authorized representative of the state of
72		-	Kansas shall be sufficient.
	102	+	county attorney or other authorized representative of the state of Kansas,
	103	+	presented to a court, which that charges the commission of a crime. An
	104	+	information verified upon information and belief by the county attorney or
	105	+	other authorized representative of the state of Kansas shall be sufficient.
73	106		(n) "Law enforcement officer" means any person who by virtue of
74	107		office or public employment is vested by law with a duty to maintain
75	108		public order or to make arrests for violation of the laws of the state of
76	109		Kansas or ordinances of any municipality thereof or with a duty to
77	110		maintain or assert custody or supervision over persons accused or
78	111		convicted of crime, and includes court services officers, community
79		-	corrections officers, parole officers and directors, security personnel
80		-	and keepers of correctional institutions, jails or other institutions for the
81		-	detention of persons accused or convicted of crime, while acting within
82		-	the scope of their authority.
83		-	(o) "Magistrate" means an officer having power to issue a warrant
84		-	for the arrest of a person charged with a crime and includes justices of
85		-	the supreme court, judges of the court of appeals and judges of district
86		-	courts.
	112	+	corrections officers, parole officers and directors, security personnel and
	113	+	keepers of correctional institutions, jails or other institutions for the
	114	+	detention of persons accused or convicted of crime, while acting within the
	115	+	scope of their authority.
	116	+	(o) "Magistrate" means an officer having power to issue a warrant for
	117	+	the arrest of a person charged with a crime and includes justices of the
	118	+	supreme court, judges of the court of appeals and judges of district courts.
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87	162		(p) "Notice to appear" means a written request, issued by a law
88	163		enforcement officer, that a person appear before a designated court at a
89	164		stated time and place.
90		-	(q) "Preliminary examination" means a hearing before a
91		-	~~magistrate~~ on a complaint or information to determine if a felony has
92		-	~~been committed~~ and if there is probable cause to believe that the person
93		-	~~charged committed~~ such felony.
94		-	(r) "Prosecuting attorney" means any attorney who is authorized
95		-	by law to appear for and on behalf of the state of Kansas in a criminal
96		-	~~case,~~ and includes the attorney general, an assistant attorney general,
97		-	~~the county~~ or district attorney, an assistant county or district attorney
98		-	~~and any special~~ prosecutor whose appearance is approved by the court.
99		-	~~In the case of~~ prosecution for violation of a city ordinance, "prosecuting
100		-	~~attorney" means~~ the city attorney or any assistant city attorney.
	165	+	(q) "Preliminary examination" means a hearing before a magistrate
	166	+	on a complaint or information to determine if a felony has been committed
	167	+	and if there is probable cause to believe that the person charged committed
	168	+	such felony.
	169	+	(r) "Prosecuting attorney" means any attorney who is authorized by
	170	+	law to appear for and on behalf of the state of Kansas in a criminal case,
	171	+	and includes the attorney general, an assistant attorney general, the county
	172	+	or district attorney, an assistant county or district attorney and any special
	173	+	prosecutor whose appearance is approved by the court. In the case of
	174	+	prosecution for violation of a city ordinance, "prosecuting attorney" means
	175	+	the city attorney or any assistant city attorney.
101	176		(s) "Search warrant" means a written order made by a magistrate
102		-	directed to a law enforcement officer commanding the officer to search
103		-	~~the~~ premises described in the search warrant and to seize property
104		-	~~described or~~ identified in the search warrant.
105		-	(t) "Summons" means a written order issued by a magistrate
106		-	~~directing~~ that a person appear before a designated court at a stated time
107		-	~~and place~~ and answer to a charge pending against the person.
108		-	(u) "Warrant" means a written order made by a magistrate directed
109		-	to any law enforcement officer commanding the officer to arrest the
110		-	~~person~~ named or described in the warrant.
	177	+	directed to a law enforcement officer commanding the officer to search the
	178	+	premises described in the search warrant and to seize property described or
	179	+	identified in the search warrant.
	180	+	(t) "Summons" means a written order issued by a magistrate directing
	181	+	that a person appear before a designated court at a stated time and place
	182	+	and answer to a charge pending against the person.
	183	+	(u) "Warrant" means a written order made by a magistrate directed to
	184	+	any law enforcement officer commanding the officer to arrest the person
	185	+	named or described in the warrant.
111	186		Sec. 2. K.S.A. 22-2408 is hereby amended to read as follows: 22-
112		-	2408. (1)(a) Except as otherwise provided in subsection (6) of this
113		-	~~section~~ (f), whenever a law enforcement officer detains any person
114		-	~~without a~~ warrant, for any act punishable as a misdemeanor, and such
115		-	~~person is not~~ immediately taken before a magistrate for further
116		-	~~proceedings, the officer~~ may serve upon such person a written notice to
117		-	~~appear in court. Such~~ notice to appear shall contain the name and
118		-	~~address of the person detained,~~ the crime charged, and the time and
119		-	~~place when and where such person~~ shall appear in court.
120		-	(2)(b) The time specified in such notice to appear must be at least ~~SENATE BILL No. 473—page 3~~
	187	+	2408. (1)(a) Except as otherwise provided in subsection (6) of this section
	188	+	(f), whenever a law enforcement officer detains any person without a
	189	+	warrant, for any act punishable as a misdemeanor, and such person is not
	190	+	immediately taken before a magistrate for further proceedings, the officer
	191	+	may serve upon such person a written notice to appear in court. Such
	192	+	notice to appear shall contain the name and address of the person detained,
	193	+	the crime charged, and the time and place when and where such person
	194	+	shall appear in court.
	195	+	(2)(b) The time specified in such notice to appear must be at least
121	196		seven days after such notice is given unless the person shall demand an
122	197		earlier hearing.
123	198		(3)(c) The place specified in such notice to appear must be before
124	199		some court within the county in which the crime is alleged to have been
125	200		committed which has jurisdiction of such crime.
126		-	(4)(d) The person detained, in order to secure release as provided
127		-	in this section, must give his or her written promise to appear in the
128		-	court by signing the written notice prepared by the officer. The original
129		-	of the notice shall be retained by the officer; a copy delivered to the
130		-	person detained, and the officer shall forthwith release the person.
131		-	(5)(e) (1) Except as provided in paragraph (2), such law
132		-	enforcement officer shall cause to be filed, without unnecessary delay,
133		-	a complaint in the court in which a person released under subsection (4)
134		-	(d) is given notice to appear, charging the crime stated in said such
135		-	notice.
	201	+	(4)(d) The person detained, in order to secure release as provided in
	202	+	this section, must give his or her written promise to appear in the court by
	203	+	signing the written notice prepared by the officer. The original of the
	204	+	notice shall be retained by the officer; a copy delivered to the person
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	248	+	detained, and the officer shall forthwith release the person.
	249	+	(5)(e) (1) Except as provided in paragraph (2), such law enforcement
	250	+	officer shall cause to be filed, without unnecessary delay, a complaint in
	251	+	the court in which a person released under subsection (4) (d) is given
	252	+	notice to appear, charging the crime stated in said such notice.
136	253		(2) The provisions of paragraph (1) shall not apply if the notice to
137		-	appear is a valid complaint pursuant to K.S.A. 22-2202, and
138		-	amendments thereto.
139		-	(3) If the person released fails to appear as required in the notice
140		-	to appear, a warrant shall be issued for his or her arrest.
141		-	(6)(f) The procedures prescribed by this section shall not apply to
142		-	the detention or arrest of any person for the violation of any law
143		-	regulating traffic on the highways of this state, and the provisions of
144		-	K.S.A. 8-2104 through 8-2108, and amendments thereto, and the code
145		-	of procedure for municipal courts shall govern such procedures.
146		-	Sec. 3. K.S.A. 22-2809b is hereby amended to read as follows: 22-
147		-	2809b. (a) As used in this section:
148		-	(1) "Compensated surety" means any person who or entity that is
149		-	organized under the laws of the state of Kansas that, as surety, issues
150		-	appearance bonds for compensation, posts bail for four or more
151		-	persons in a calendar year, is responsible for any forfeiture and is
152		-	liable for appearance bonds written by such person's or entity's
153		-	authorized agents. A "compensated surety" is either an insurance agent
154		-	surety or, a property surety or a bail agent.
155		-	(2) "Insurance agent surety" means a compensated surety licensed
156		-	by the insurance commissioner to issue surety bonds or appearance
157		-	bonds in this state and who represents an authorized insurance
158		-	company. An "insurance agent surety" may have other insurance agent
159		-	sureties working with or for such surety.
160		-	(3) "Property surety" means a compensated surety who secures
161		-	appearance bonds by property pledged as security. A "property surety"
162		-	may be a person or entity, other than a corporation, and may authorize
163		-	bail agents to act on behalf of the "property surety" in writing
164		-	appearance bonds.
165		-	(4) "Bail agent" means a person authorized by a compensated
166		-	surety to execute surety bail bonds on such surety's behalf.
167		-	(5) "Appearance bond premium" means the fee charged by a
168		-	compensated surety for posting an appearance bond.
169		-	(b) Every compensated surety shall submit an application to the
170		-	chief judge of the judicial district, or the chief judge's designee, in each
171		-	judicial district where such surety seeks to act as a surety. A
172		-	compensated surety shall not act as a surety in such judicial district
173		-	prior to approval of such application.
174		-	(1) The application shall include, but is not limited to, the
175		-	following information for each insurance agent surety, property surety
176		-	or bail agent:
177		-	(A) A copy of the applicant's Kansas driver's license or nondriver's
178		-	identification card;
179		-	(B) a statement, made under penalty of perjury, that the applicant SENATE BILL No. 473—page 4
180		-	is a resident of this state and is not prohibited by K.S.A. 22-2809a(c),
181		-	and amendments thereto, from acting as a surety; and
182		-	(C) a certificate of continuing education compliance in accordance
183		-	with subsection (f) (g).
184		-	(2) The application for each insurance agent surety also shall
185		-	include:
186		-	(A) A copy of the qualifying power of attorney certificates issued
187		-	to such surety by any insurance company;
188		-	(B) a current and valid certificate of license from the insurance
189		-	department; and
190		-	(C) a current and valid certificate of authority from the insurance
191		-	department.
192		-	(3) The application for each property surety also shall include:
193		-	(A) A list of all bail agents authorized by such property surety to
194		-	write appearance bonds on such property surety's behalf and all
195		-	documentation from such bail agents demonstrating compliance with
196		-	subsection (b)(1); and
197		-	(B) an affidavit describing the property by which such property
198		-	surety proposes to justify its obligations and the encumbrances thereon,
199		-	and all such surety's other liabilities. The description shall include a
200		-	valuation of the property described therein. If the valuation is not
201		-	readily evident, an appraisal of the property may be required and, if
202		-	required, shall be incorporated into the affidavit.
203		-	(4) The chief judge of the judicial district may require, as a
204		-	qualification for initial or continued authorization in the judicial
205		-	district, a compensated surety to submit to a state and national
206		-	criminal history record check. The fingerprints shall be used to identify
207		-	the individual and to determine whether the individual has a record of
208		-	criminal history in this state or any other jurisdiction. The chief judge
209		-	or the chief judge's designee is authorized to submit the fingerprints to
210		-	the Kansas bureau of investigation and the federal bureau of
211		-	investigation for a state and national criminal history record check.
212		-	The chief judge or the chief judge's designee may use the information
213		-	obtained from fingerprinting and the criminal history record check for
214		-	purposes of verifying the identification of the individual and for making
215		-	an official determination of the qualifications for authorization in the
216		-	judicial district. Disclosure or use of any information received by the
217		-	chief judge or the chief judge's designee for any purpose other than the
218		-	purposes provided for in this paragraph shall be a class A nonperson
219		-	misdemeanor. The Kansas bureau of investigation may charge a
220		-	reasonable fee for conducting a criminal history record check, and the
221		-	individual seeking initial or continued authorization under this section
222		-	shall pay the costs of fingerprinting and the state and national criminal
223		-	history record check.
224		-	(c) A property surety authorized to act as a surety in a judicial
225		-	district pursuant to subsection (b) shall be allowed outstanding
226		-	appearance bonds in the state of Kansas not to exceed an aggregate
227		-	amount which that is 15 times the valuation of the property described
228		-	in subsection (b)(3). Such property surety shall not write any single
229		-	appearance bond that exceeds 35% of the total valuation of the property
230		-	described in subsection (b)(3).
231		-	(d) (1) A compensated surety shall:
232		-	(A) Charge a minimum appearance bond premium of 10% of the
233		-	face amount of the appearance bond;
234		-	(B) only post a bond after the compensated surety has received at
235		-	least
	254	+	appear is a valid complaint pursuant to K.S.A. 22-2202, and amendments
	255	+	thereto.
	256	+	(3) If the person released fails to appear as required in the notice to
	257	+	appear, a warrant shall be issued for his or her arrest.
	258	+	(6)(f) The procedures prescribed by this section shall not apply to the
	259	+	detention or arrest of any person for the violation of any law regulating
	260	+	traffic on the highways of this state, and the provisions of K.S.A. 8-2104
	261	+	through 8-2108, and amendments thereto, and the code of procedure for
	262	+	municipal courts shall govern such procedures.
	263	+	Sec. 3. K.S.A. 22-2202 and 22-2408 are hereby repealed.
	264	+	Sec. 4. This act shall take effect and be in force from and after its
	265	+	publication in the statute book.
236	266		1
237		-	/2 of the required minimum appearance bond premium in one of
238		-	the following forms:
239		-	(i) Currency of the United States paid to the compensated surety
240		-	prior to the execution of an appearance bond; SENATE BILL No. 473—page 5
241		-	(ii) a check delivered to a compensated surety that shall be
242		-	properly payable when delivered and promptly deposited in the
243		-	compensated surety's bank account;
244		-	(iii) a credit or debit card transaction if the compensated surety
245		-	obtains authorization from the card issuer for the amount due and an
246		-	approval number from the card issuer; or
247		-	(iv) a bank or wire transfer or other electronic funds transfer
248		-	including, but not limited to, peer-to-peer transfer, if such transfer
249		-	occurs prior to the execution of the appearance bond; and
250		-	(C) be physically present when the bond is posted and sign the
251		-	bond at the jail.
252		-	(2) A compensated surety shall enter into a premium financing
253		-	agreement for any unpaid minimum appearance bond premium
254		-	amount.
255		-	(e) (1) Each judicial district may, by local rule, require additional
256		-	information from any compensated surety and establish what property
257		-	is acceptable for bonding purposes under subsection (b)(3).
258		-	(2) A judicial district shall not require any compensated surety to
259		-	apply for authorization in such judicial district more than once per year,
260		-	but may require additional reporting from any compensated surety in its
261		-	discretion. If the judicial district does not require an annual application,
262		-	each compensated surety or bail agent shall provide a certificate of
263		-	continuing education compliance in accordance with subsection (f) (g)
264		-	to the judicial district each year.
265		-	(3) A judicial district shall not decline authorization for a
266		-	compensated surety solely on the basis of type of compensated surety.
267		-	(e)(f) (1) Nothing in this section shall be construed to require the
268		-	chief judge of the judicial district, or the chief judge's designee, to
269		-	authorize any compensated surety to act as a surety in such judicial
270		-	district if the judge or designee finds, in such person's discretion, that
271		-	such authorization is not warranted.
272		-	(2) (A) If such authorization is granted, the chief judge of the
273		-	judicial district, or the chief judge's designee, may terminate or suspend
274		-	the authorization at any time. Reasons for terminating or suspending
275		-	such authorization include, but are not limited to:
276		-	(i) Filing false statements with the court;
277		-	(ii) failing to charge the minimum appearance bond premium as
278		-	required by this section;
279		-	(iii) paying a fee or rebate or giving or promising anything of
280		-	value to a jailer, law enforcement officer, any person who has the
281		-	power to arrest or hold a person in custody or any public official or
282		-	employee in order to secure a settlement, compromise, remission or
283		-	reduction of the amount of any appearance bond, forfeiture or
284		-	estreatment, or to secure or delay an appearance bond;
285		-	(iv) paying a fee or rebate or giving or promising anything of
286		-	value, other than reward payments for information relating to the
287		-	apprehension of fugitives, to an inmate in exchange for a business
288		-	referral;
289		-	(v) requiring or accepting anything of value from a principal
290		-	other than the appearance bond premium, except that the compensated
291		-	surety may accept collateral security or other indemnity to secure the
292		-	face amount of the bond;
293		-	(vi) intentionally failing to promptly return collateral security to
294		-	the principal when the principal is entitled to return of such security;
295		-	(vii) knowingly employing or otherwise compensating for any
296		-	appearance bond related work, any person who has been convicted of
297		-	a felony unless such conviction has been expunged, other than reward
298		-	payments for information relating to the apprehension of fugitives; or
299		-	(viii) failing to pay any forfeiture judgment within 30 days of the SENATE BILL No. 473—page 6
300		-	filing of the journal entry of judgment.
301		-	(B) The judge or the judge's desginee may investigate claims of
302		-	violations described in subparagraph (A). If the chief judge makes a
303		-	finding that a violation has occurred, the chief judge may suspend or
304		-	terminate the authorization of the compensated surety.
305		-	(A)(C) If the authorization is suspended for 30 days or more, the
306		-	chief judge or designee shall make a record describing the length of the
307		-	suspension and the underlying cause and provide such record to the
308		-	surety. Such surety, upon request, shall be entitled to a hearing within
309		-	30 days after the suspension is ordered.
310		-	(B)(D) If the authorization is terminated, the chief judge or
311		-	designee shall make a record describing the underlying cause and
312		-	provide such record to the surety. Such surety, upon request, shall be
313		-	entitled to a hearing within 30 days after the termination is ordered.
314		-	(3) If an authorized compensated surety does not comply with the
315		-	continuing education requirements in subsection (f) (g), the chief judge
316		-	of the judicial district, or the chief judge's designee, may allow a
317		-	conditional authorization to continue acting as a surety for 90 days. If
318		-	such compensated surety does not comply with the continuing
319		-	education requirements in subsection (f) (g) within 90 days, such
320		-	conditional authorization shall be terminated and such compensated
321		-	surety shall not act as a surety in such judicial district.
322		-	(f)(g) (1) Every compensated surety shall obtain at least eight
323		-	hours of continuing education credits during each 12-month period
324		-	beginning on January 1, 2017.
325		-	(2) The Kansas bail agents association shall either provide or
326		-	contract for a minimum of eight hours of continuing education classes
327		-	to be held at least once annually in each congressional district and may
328		-	provide additional classes in its discretion. The chief judge in each
329		-	judicial district may provide a list of topics to be covered during the
330		-	continuing education classes. A schedule of such classes shall be
331		-	publicly available. The association shall not charge more than $250
332		-	$300 annually for the eight hours of continuing education classes, and
333		-	the cost of any class with less than eight hours of continuing education
334		-	shall may be prorated accordingly. Any fee charged for attending
335		-	continuing education classes shall not be increased or decreased based
336		-	upon a compensated surety's membership or lack of membership in the
337		-	association.
338		-	(3) Upon completion of at least eight hours of continuing
339		-	education credits during each 12-month period by a compensated
340		-	surety, the Kansas bail agents association shall issue a certificate of
341		-	continuing education compliance to such surety. The certificate shall be
342		-	prepared and delivered to the compensated surety within 30 days of
343		-	such surety's completion of the continuing education requirements. The
344		-	certificate shall show in detail the dates and hours of each course
345		-	attended, along with the signature of the Kansas bail agents association
346		-	official attesting that all continuing education requirements have been
347		-	completed.
348		-	(4) Any continuing education credits used to comply with
349		-	conditional authorization pursuant to subsection (e)(3) (f)(3) shall not
350		-	be applied towards compliance in the current 12-month period or any
351		-	subsequent 12-month period.
352		-	(5) A person operating as a sufficient surety or bail bondsman in
353		-	the state immediately prior to the effective date of this act shall be
354		-	deemed to be compensated surety under this act and shall be exempt
355		-	from the continuing education requirements for a conditional
356		-	authorization pursuant to this section until July 1, 2017.
357		-	Sec. 4. K.S.A. 22-2202, 22-2408 and 22-2809b are hereby
358		-	repealed. SENATE BILL No. 473—page 7
359		-	Sec. 5. This act shall take effect and be in force from and after its
360		-	publication in the statute book.
361		-	I hereby certify that the above BILL originated in the
362		-	SENATE, and passed that body
363		-	__________________________
364		-	SENATE concurred in
365		-	HOUSE amendments _______________________
366		-	_________________________
367		-	President of the Senate.
368		-	_________________________
369		-	Secretary of the Senate.
370		-
371		-	Passed the HOUSE
372		-	as amended _________________________
373		-	_________________________
374		-	Speaker of the House.
375		-	_________________________
376		-	Chief Clerk of the House.
377		-	APPROVED _____________________________
378		-	_________________________
379		-	Governor.
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