KS
Kansas House Bill HB2389

Kansas 2025-2026 Regular Session

Kansas House Bill HB2389 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2389
33 By Committee on Federal and State Affairs
44 Requested by Representative Essex on behalf of Representative L. Williams
55 2-26
66 AN ACT concerning crimes, punishment and criminal procedure; relating
77 to release prior to trial; requiring certain prior convictions be
88 considered when bond is being set for certain sex offenses; amending
99 K.S.A. 22-2802 and 22-2803 and repealing the existing sections.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 Section 1. K.S.A. 22-2802 is hereby amended to read as follows: 22-
1212 2802. (1)(a) Any person charged with a crime shall, at the person's first
1313 appearance before a magistrate, be ordered released pending preliminary
1414 examination or trial upon the execution of an appearance bond in an
1515 amount specified by the magistrate and sufficient to assure the appearance
1616 of such person before the magistrate when ordered and to assure the public
1717 safety. If the person is being bound over for a felony, the bond shall also be
1818 conditioned on the person's appearance in the district court or by way of a
1919 two-way electronic audio-video communication as provided in subsection
2020 (14) (n) at the time required by the court to answer the charge against such
2121 person and at any time thereafter that the court requires. Unless the
2222 magistrate makes a specific finding otherwise, if the person is being
2323 bonded out for a person felony or a person misdemeanor, the bond shall be
2424 conditioned on the person being prohibited from having any contact with
2525 the alleged victim of such offense for a period of at least 72 hours. The
2626 magistrate may impose such of the following additional conditions of
2727 release as will reasonably assure the appearance of the person for
2828 preliminary examination or trial:
2929 (a)(1) Place the person in the custody of a designated person or
3030 organization agreeing to supervise such person;
3131 (b)(2) place restrictions on the travel, association or place of abode of
3232 the person during the period of release;
3333 (c)(3) impose any other condition deemed reasonably necessary to
3434 assure appearance as required, including a condition requiring that the
3535 person return to custody during specified hours;
3636 (d)(4) place the person under a house arrest program pursuant to
3737 K.S.A. 21-6609, and amendments thereto; or
3838 (e)(5) place the person under the supervision of a court services
3939 officer responsible for monitoring the person's compliance with any
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7575 conditions of release ordered by the magistrate. The magistrate may order
7676 the person to pay for any costs associated with the supervision provided by
7777 the court services department in an amount not to exceed $15 per week of
7878 such supervision. The magistrate may also order the person to pay for all
7979 other costs associated with the supervision and conditions for compliance
8080 in addition to the $15 per week.
8181 (2)(b) In addition to any conditions of release provided in subsection
8282 (1) (a), for any person charged with a felony, the magistrate may order
8383 such person to submit to a drug and alcohol abuse examination and
8484 evaluation in a public or private treatment facility or state institution and,
8585 if determined by the head of such facility or institution that such person is
8686 a drug or alcohol abuser or is incapacitated by drugs or alcohol, to submit
8787 to treatment for such drug or alcohol abuse, as a condition of release.
8888 (3)(c) The appearance bond shall be executed with sufficient solvent
8989 sureties who are residents of the state of Kansas, unless the magistrate
9090 determines, in the exercise of such magistrate's discretion, that requiring
9191 sureties is not necessary to assure the appearance of the person at the time
9292 ordered.
9393 (4)(d) A deposit of cash in the amount of the bond may be made in
9494 lieu of the execution of the bond pursuant to subsection (3) (c). Except as
9595 provided in subsection (5)(e), such deposit shall be in the full amount of
9696 the bond and in no event shall a deposit of cash in less than the full amount
9797 of bond be permitted. Any person charged with a crime who is released on
9898 a cash bond shall be entitled to a refund of all moneys paid for the cash
9999 bond, after deduction of any outstanding restitution, costs, fines and fees,
100100 after the final disposition of the criminal case if the person complies with
101101 all requirements to appear in court. The court may not exclude the option
102102 of posting bond pursuant to subsection (3) (c).
103103 (5)(e) Except as provided further, the amount of the appearance bond
104104 shall be the same whether executed as described in subsection (3) (c) or
105105 posted with a deposit of cash as described in subsection (4) (d). When the
106106 appearance bond has been set at $2,500 or less and the most serious charge
107107 against the person is a misdemeanor, a severity level 8, 9 or 10 nonperson
108108 felony, a drug severity level 4 felony committed prior to July 1, 2012, a
109109 drug severity level 5 felony committed on or after July 1, 2012, or a
110110 violation of K.S.A. 8-1567, and amendments thereto, the magistrate may
111111 allow the person to deposit cash with the clerk in the amount of 10% of the
112112 bond, provided the person meets at least the following qualifications:
113113 (A)(1) Is a resident of the state of Kansas;
114114 (B)(2) has a criminal history score category of G, H or I;
115115 (C)(3) has no prior history of failure to appear for any court
116116 appearances;
117117 (D)(4) has no detainer or hold from any other jurisdiction;
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161161 (E)(5) has not been extradited from, and is not awaiting extradition
162162 to, another state; and
163163 (F)(6) has not been detained for an alleged violation of probation.
164164 (6)(f) In the discretion of the court, a person charged with a crime
165165 may be released upon the person's own recognizance by guaranteeing
166166 payment of the amount of the bond for the person's failure to comply with
167167 all requirements to appear in court. The release of a person charged with a
168168 crime upon the person's own recognizance shall not require the deposit of
169169 any cash by the person.
170170 (7)(g) The court shall not impose any administrative fee.
171171 (8)(h) In determining which conditions of release will reasonably
172172 assure appearance and the public safety, the magistrate shall, on the basis
173173 of available information, take into account the nature and circumstances of
174174 the crime charged; the weight of the evidence against the defendant;
175175 whether the defendant is lawfully present in the United States; the
176176 defendant's family ties, employment, financial resources, character, mental
177177 condition, length of residence in the community, record of convictions,
178178 record of appearance or failure to appear at court proceedings or of flight
179179 to avoid prosecution; the likelihood or propensity of the defendant to
180180 commit crimes while on release, including whether the defendant will be
181181 likely to threaten, harass or cause injury to the victim of the crime or any
182182 witnesses thereto; and whether the defendant is on probation or parole
183183 from a previous offense at the time of the alleged commission of the
184184 subsequent offense.
185185 (9)(i) The appearance bond shall set forth all of the conditions of
186186 release.
187187 (10)(j) A person for whom conditions of release are imposed and who
188188 continues to be detained as a result of the person's inability to meet the
189189 conditions of release shall be entitled, upon application, to have the
190190 conditions reviewed without unnecessary delay by the magistrate who
191191 imposed them. If the magistrate who imposed conditions of release is not
192192 available, any other magistrate in the county may review such conditions.
193193 (11)(k) A magistrate ordering the release of a person on any
194194 conditions specified in this section may at any time amend the order to
195195 impose additional or different conditions of release. If the imposition of
196196 additional or different conditions results in the detention of the person, the
197197 provisions of subsection (10) (j) shall apply.
198198 (12)(l) Statements or information offered in determining the
199199 conditions of release need not conform to the rules of evidence. No
200200 statement or admission of the defendant made at such a proceeding shall
201201 be received as evidence in any subsequent proceeding against the
202202 defendant.
203203 (13)(m) The appearance bond and any security required as a condition
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247247 of the defendant's release shall be deposited in the office of the magistrate
248248 or the clerk of the court where the release is ordered. If the defendant is
249249 bound to appear before a magistrate or court other than the one ordering
250250 the release, the order of release, together with the bond and security shall
251251 be transmitted to the magistrate or clerk of the court before whom the
252252 defendant is bound to appear.
253253 (14)(n) Proceedings before a magistrate as provided in this section to
254254 determine the release conditions of a person charged with a crime
255255 including release upon execution of an appearance bond may be conducted
256256 by two-way electronic audio-video communication between the defendant
257257 and the judge in lieu of personal presence of the defendant or defendant's
258258 counsel in the courtroom in the discretion of the court. The defendant may
259259 be accompanied by the defendant's counsel. The defendant shall be
260260 informed of the defendant's right to be personally present in the courtroom
261261 during such proceeding if the defendant so requests. Exercising the right to
262262 be present shall in no way prejudice the defendant.
263263 (15)(o) The magistrate may order the person to pay for any costs
264264 associated with the supervision of the conditions of release of the
265265 appearance bond in an amount not to exceed $15 per week of such
266266 supervision. As a condition of sentencing under K.S.A. 21-6604, and
267267 amendments thereto, the court may impose the full amount of any such
268268 costs in addition to the $15 per week, including, but not limited to, costs
269269 for treatment and evaluation under subsection (2) (b).
270270 (p) If a defendant is charged with rape, as described in K.S.A. 21-
271271 5503, and amendments thereto, criminal sodomy or aggravated criminal
272272 sodomy, as described in K.S.A. 21-5504, and amendments thereto, sexual
273273 battery or aggravated sexual battery, as described in K.S.A. 21-5505, and
274274 amendments thereto, or indecent liberties with a child or aggravated
275275 indecent liberties with a child, as described in K.S.A. 21-5506, and
276276 amendments thereto, when setting the amount of an appearance bond and
277277 conditions of release, the magistrate shall consider prior convictions of
278278 such offenses or comparable out-of-state convictions.
279279 Sec. 2. K.S.A. 22-2803 is hereby amended to read as follows: 22-
280280 2803. A person who remains in custody after review of such person's
281281 application pursuant to subsection (9) or (10) of K.S.A. 22-2802(i) or (j),
282282 and amendments thereto, by a district magistrate judge may apply to a
283283 district judge of the judicial district in which the charge is pending to
284284 modify the order fixing conditions of release. Such motion shall be
285285 determined promptly.
286286 Sec. 3. K.S.A. 22-2802 and 22-2803 are hereby repealed.
287287 Sec. 4. This act shall take effect and be in force from and after its
288288 publication in the statute book.
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