SENATE BILL No. 473
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; requiring a minimum appearance bond
premium in district court; providing reasons for suspending or terminating
authorization of a compensated surety; authorizing the chief judge of a judicial
district to require a compensated surety to submit to a state and national criminal
history record check; amending K.S.A. 22-2202, 22-2408 and 22-2809b 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, 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 SENATE BILL No. 473—page 2
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.
(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 SENATE BILL No. 473—page 3
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 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. 22-2809b is hereby amended to read as follows: 22-
2809b. (a) As used in this section:
(1) "Compensated surety" means any person who or entity that is
organized under the laws of the state of Kansas that, as surety, issues
appearance bonds for compensation, posts bail for four or more
persons in a calendar year, is responsible for any forfeiture and is
liable for appearance bonds written by such person's or entity's
authorized agents. A "compensated surety" is either an insurance agent
surety or, a property surety or a bail agent.
(2) "Insurance agent surety" means a compensated surety licensed
by the insurance commissioner to issue surety bonds or appearance
bonds in this state and who represents an authorized insurance
company. An "insurance agent surety" may have other insurance agent
sureties working with or for such surety.
(3) "Property surety" means a compensated surety who secures
appearance bonds by property pledged as security. A "property surety"
may be a person or entity, other than a corporation, and may authorize
bail agents to act on behalf of the "property surety" in writing
appearance bonds.
(4) "Bail agent" means a person authorized by a compensated
surety to execute surety bail bonds on such surety's behalf.
(5) "Appearance bond premium" means the fee charged by a
compensated surety for posting an appearance bond.
(b) Every compensated surety shall submit an application to the
chief judge of the judicial district, or the chief judge's designee, in each
judicial district where such surety seeks to act as a surety. A
compensated surety shall not act as a surety in such judicial district
prior to approval of such application.
(1) The application shall include, but is not limited to, the
following information for each insurance agent surety, property surety
or bail agent:
(A) A copy of the applicant's Kansas driver's license or nondriver's
identification card;
(B) a statement, made under penalty of perjury, that the applicant SENATE BILL No. 473—page 4
is a resident of this state and is not prohibited by K.S.A. 22-2809a(c),
and amendments thereto, from acting as a surety; and
(C) a certificate of continuing education compliance in accordance
with subsection (f) (g).
(2) The application for each insurance agent surety also shall
include:
(A) A copy of the qualifying power of attorney certificates issued
to such surety by any insurance company;
(B) a current and valid certificate of license from the insurance
department; and
(C) a current and valid certificate of authority from the insurance
department.
(3) The application for each property surety also shall include:
(A) A list of all bail agents authorized by such property surety to
write appearance bonds on such property surety's behalf and all
documentation from such bail agents demonstrating compliance with
subsection (b)(1); and
(B) an affidavit describing the property by which such property
surety proposes to justify its obligations and the encumbrances thereon,
and all such surety's other liabilities. The description shall include a
valuation of the property described therein. If the valuation is not
readily evident, an appraisal of the property may be required and, if
required, shall be incorporated into the affidavit.
(4) The chief judge of the judicial district may require, as a
qualification for initial or continued authorization in the judicial
district, a compensated surety to submit to a state and national
criminal history record check. The fingerprints shall be used to identify
the individual and to determine whether the individual has a record of
criminal history in this state or any other jurisdiction. The chief judge
or the chief judge's designee is authorized to submit the fingerprints to
the Kansas bureau of investigation and the federal bureau of
investigation for a state and national criminal history record check.
The chief judge or the chief judge's designee may use the information
obtained from fingerprinting and the criminal history record check for
purposes of verifying the identification of the individual and for making
an official determination of the qualifications for authorization in the
judicial district. Disclosure or use of any information received by the
chief judge or the chief judge's designee for any purpose other than the
purposes provided for in this paragraph shall be a class A nonperson
misdemeanor. The Kansas bureau of investigation may charge a
reasonable fee for conducting a criminal history record check, and the
individual seeking initial or continued authorization under this section
shall pay the costs of fingerprinting and the state and national criminal
history record check.
(c) A property surety authorized to act as a surety in a judicial
district pursuant to subsection (b) shall be allowed outstanding
appearance bonds in the state of Kansas not to exceed an aggregate
amount which that is 15 times the valuation of the property described
in subsection (b)(3). Such property surety shall not write any single
appearance bond that exceeds 35% of the total valuation of the property
described in subsection (b)(3).
(d) (1) A compensated surety shall:
(A) Charge a minimum appearance bond premium of 10% of the
face amount of the appearance bond;
(B) only post a bond after the compensated surety has received at
least
1
/2 of the required minimum appearance bond premium in one of
the following forms:
(i) Currency of the United States paid to the compensated surety
prior to the execution of an appearance bond; SENATE BILL No. 473—page 5
(ii) a check delivered to a compensated surety that shall be
properly payable when delivered and promptly deposited in the
compensated surety's bank account;
(iii) a credit or debit card transaction if the compensated surety
obtains authorization from the card issuer for the amount due and an
approval number from the card issuer; or
(iv) a bank or wire transfer or other electronic funds transfer
including, but not limited to, peer-to-peer transfer, if such transfer
occurs prior to the execution of the appearance bond; and
(C) be physically present when the bond is posted and sign the
bond at the jail.
(2) A compensated surety shall enter into a premium financing
agreement for any unpaid minimum appearance bond premium
amount.
(e) (1) Each judicial district may, by local rule, require additional
information from any compensated surety and establish what property
is acceptable for bonding purposes under subsection (b)(3).
(2) A judicial district shall not require any compensated surety to
apply for authorization in such judicial district more than once per year,
but may require additional reporting from any compensated surety in its
discretion. If the judicial district does not require an annual application,
each compensated surety or bail agent shall provide a certificate of
continuing education compliance in accordance with subsection (f) (g)
to the judicial district each year.
(3) A judicial district shall not decline authorization for a
compensated surety solely on the basis of type of compensated surety.
(e)(f) (1) Nothing in this section shall be construed to require the
chief judge of the judicial district, or the chief judge's designee, to
authorize any compensated surety to act as a surety in such judicial
district if the judge or designee finds, in such person's discretion, that
such authorization is not warranted.
(2) (A) If such authorization is granted, the chief judge of the
judicial district, or the chief judge's designee, may terminate or suspend
the authorization at any time. Reasons for terminating or suspending
such authorization include, but are not limited to:
(i) Filing false statements with the court;
(ii) failing to charge the minimum appearance bond premium as
required by this section;
(iii) paying a fee or rebate or giving or promising anything of
value to a jailer, law enforcement officer, any person who has the
power to arrest or hold a person in custody or any public official or
employee in order to secure a settlement, compromise, remission or
reduction of the amount of any appearance bond, forfeiture or
estreatment, or to secure or delay an appearance bond;
(iv) paying a fee or rebate or giving or promising anything of
value, other than reward payments for information relating to the
apprehension of fugitives, to an inmate in exchange for a business
referral;
(v) requiring or accepting anything of value from a principal
other than the appearance bond premium, except that the compensated
surety may accept collateral security or other indemnity to secure the
face amount of the bond;
(vi) intentionally failing to promptly return collateral security to
the principal when the principal is entitled to return of such security;
(vii) knowingly employing or otherwise compensating for any
appearance bond related work, any person who has been convicted of
a felony unless such conviction has been expunged, other than reward
payments for information relating to the apprehension of fugitives; or
(viii) failing to pay any forfeiture judgment within 30 days of the SENATE BILL No. 473—page 6
filing of the journal entry of judgment.
(B) The judge or the judge's desginee may investigate claims of
violations described in subparagraph (A). If the chief judge makes a
finding that a violation has occurred, the chief judge may suspend or
terminate the authorization of the compensated surety.
(A)(C) If the authorization is suspended for 30 days or more, the
chief judge or designee shall make a record describing the length of the
suspension and the underlying cause and provide such record to the
surety. Such surety, upon request, shall be entitled to a hearing within
30 days after the suspension is ordered.
(B)(D) If the authorization is terminated, the chief judge or
designee shall make a record describing the underlying cause and
provide such record to the surety. Such surety, upon request, shall be
entitled to a hearing within 30 days after the termination is ordered.
(3) If an authorized compensated surety does not comply with the
continuing education requirements in subsection (f) (g), the chief judge
of the judicial district, or the chief judge's designee, may allow a
conditional authorization to continue acting as a surety for 90 days. If
such compensated surety does not comply with the continuing
education requirements in subsection (f) (g) within 90 days, such
conditional authorization shall be terminated and such compensated
surety shall not act as a surety in such judicial district.
(f)(g) (1) Every compensated surety shall obtain at least eight
hours of continuing education credits during each 12-month period
beginning on January 1, 2017.
(2) The Kansas bail agents association shall either provide or
contract for a minimum of eight hours of continuing education classes
to be held at least once annually in each congressional district and may
provide additional classes in its discretion. The chief judge in each
judicial district may provide a list of topics to be covered during the
continuing education classes. A schedule of such classes shall be
publicly available. The association shall not charge more than $250
$300 annually for the eight hours of continuing education classes, and
the cost of any class with less than eight hours of continuing education
shall may be prorated accordingly. Any fee charged for attending
continuing education classes shall not be increased or decreased based
upon a compensated surety's membership or lack of membership in the
association.
(3) Upon completion of at least eight hours of continuing
education credits during each 12-month period by a compensated
surety, the Kansas bail agents association shall issue a certificate of
continuing education compliance to such surety. The certificate shall be
prepared and delivered to the compensated surety within 30 days of
such surety's completion of the continuing education requirements. The
certificate shall show in detail the dates and hours of each course
attended, along with the signature of the Kansas bail agents association
official attesting that all continuing education requirements have been
completed.
(4) Any continuing education credits used to comply with
conditional authorization pursuant to subsection (e)(3) (f)(3) shall not
be applied towards compliance in the current 12-month period or any
subsequent 12-month period.
(5) A person operating as a sufficient surety or bail bondsman in
the state immediately prior to the effective date of this act shall be
deemed to be compensated surety under this act and shall be exempt
from the continuing education requirements for a conditional
authorization pursuant to this section until July 1, 2017.
Sec. 4. K.S.A. 22-2202, 22-2408 and 22-2809b are hereby
repealed. SENATE BILL No. 473—page 7
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.