Session of 2025
SENATE BILL No. 157
By Committee on Judiciary
2-3
AN ACT concerning criminal procedure; relating to release prior to trial;
forfeiture of appearance bonds; requiring warrants for failure to appear
to be given to sureties; allowing bond forfeiture to be set aside if surety
can show defendant left the country; requiring remission in certain
circumstances; amending K.S.A. 22-2807 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 22-2807 is hereby amended to read as follows: 22-
2807. (a) If a defendant fails to appear as directed by the court and
guaranteed by an appearance bond, the court in which the bond is
deposited shall declare a forfeiture of the bail and issue a warrant for the
defendant's arrest. If the defendant is charged with a felony offense, the
sheriff shall enter such warrant into the national crime information center's
index and make a copy of the warrant available to a compensated surety
who deposited the bond on behalf of the defendant within 14 days of
issuance of the warrant. If such warrant is not entered into such index, the
sheriff shall notify the court thereof.
(b) An appearance bond may only be forfeited by the court upon a
failure to appear. If a defendant violates any other condition of bond, the
bond may be revoked and the defendant remanded to custody. An
appearance bond is revoked by the execution of a warrant for a defendant's
arrest for a violation of a bond condition. The magistrate shall promptly set
a new bond pursuant to requirements of K.S.A. 22-2802, and amendments
thereto.
(c) (1) The court may direct that a forfeiture be set aside, upon such
conditions as the court may impose, if it appears that justice does not
require the enforcement of the forfeiture.
(2) The court shall direct that a forfeiture be set aside, upon such
conditions as the court may impose, if:
(A) The surety can prove that the defendant has left the country or is
incarcerated somewhere within the United States prior to judgment of
default by providing to the court a written statement, signed by the surety
under penalty of perjury, setting forth details of the facts substantiating
such incarceration claim;
(B) the warrant required to be issued by subsection (a) was not issued
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within 14 days of the forfeiture;
(C) a warrant that is required to be entered into the national crime
information center's index or provided to a compensated surety pursuant to
subsection (a) was not entered or provided within 14 days of issuance,
unless there is good cause shown for the failure to enter such warrant into
the index or provide such warrant to the compensated surety; or
(D) the defendant has been arrested outside of this state and the
prosecuting attorney has declined to proceed with extradition.
(3) Upon the defendant's return, the surety may be ordered to pay the
costs of such return.
(d) When a forfeiture has not been set aside, the court shall on motion
enter a judgment of default and execution may issue thereon. If the
forfeiture has been decreed by a district magistrate judge and the amount
of the bond exceeds the limits of the civil jurisdiction prescribed by law
for a district magistrate judge, the judge shall notify the chief judge in
writing of the forfeiture and the matter shall be assigned to a district judge
who, on motion, shall enter a judgment of default. By entering into a bond
the obligors submit to the jurisdiction of any court having power to enter
judgment upon default and irrevocably appoint the clerk of that court as
their agent upon whom any papers affecting their liability may be served.
Their liability may be enforced on motion without the necessity of an
independent action. The motion and notice thereof may be served on the
clerk of the court, who shall forthwith promptly mail copies to the obligors
to their last known addresses. No judgment may be entered against the
obligor in an appearance bond until more than 60 days after notice is
served as provided herein in this section. No judgment may be entered
against the obligor in an appearance bond more than two years after a
defendant's failure to appear.
(e) After entry of judgment pursuant to subsection (d), the court:
(1) May remit such judgment in whole or in part under the conditions
applying to the setting aside of forfeiture in subsection (c); and
(2) shall remit 95% of the amount of the appearance bond to the
obligor if the defendant is returned to custody within 180 days after
judgment is entered.
Sec. 2. K.S.A. 22-2807 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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