SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE BILL NO. 157
As Amended by Senate Committee on Judiciary
Brief*
SB 157, as amended, would require warrants issued for
failure to appear to be provided to a compensated surety,
change the criteria for setting aside bond forfeitures, and
require the return of a percentage of an appearance bond in
certain circumstances.
Warrants Provided to Surety Upon Forfeiture
The bill would amend law governing the forfeiture of
appearance bonds to require that whenever a defendant is
charged with a felony offense and fails to appear as directed
by the court, the court must make a copy of the warrant
available to the compensated surety who deposited the bond
on behalf of the defendant.
When Bond Forfeiture May Be Set Aside
The bill would amend law governing when a forfeiture of
bond may be set aside. The bill would require a court to set
aside a forfeiture when the surety can provide the defendant
has been deported from the United States, in addition to other
ways the court may or must direct forfeitures to be set aside
in continuing law.
The court would be required to set aside a bond
forfeiture when the warrant required to be provided to the
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ surety after forfeiture as directed by the bill is not provided
within 14 days of issuance.
Remission of Appearance Bond
The bill would provide that when a forfeiture has not
been set aside and a judgment of default has been issued,
the court must remit (return) 95 percent of the amount of the
appearance bond to the obligor if the defendant is returned to
custody within 180 days after judgment is entered.
Background
The bill was introduced by the Senate Committee on
Judiciary at the request of Senator Owens.
Senate Committee on Judiciary
In the Senate Committee hearing, Senator Owens and a
representative of the Kansas Bail Agents Association
provided proponent testimony. The proponents generally
agreed that the bill would ensure consistency in the
enforcement of bond forfeitures.
Opponent testimony was provided by a representative
of the Kansas Sheriffs Association, who expressed concerns
regarding a sheriff’s duty to provide copies to sureties and the
protection of bail agents who may know that a defendant is a
flight risk but elect to bond them anyway.
The Senate Committee amended the bill to:
●Modify who must provide a copy of the warrant to
the compensated surety; and
●Modify the conditions under which a court may
direct a bond be forfeited.
2- 157 Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration indicates enactment of the bill would have a
minimal fiscal effect on the Judicial Branch that could be
absorbed within existing resources. Any fiscal effect
associated with enactment of the bill is not reflected in The
FY 2026 Governor’s Budget Report.
Forfeiture of appearance bonds; courts; warrants; sureties; failure to appear
3- 157