As Amended by House Committee
As Amended by Senate Committee
Session of 2025
SENATE BILL No. 157
By Committee on Judiciary
2-3
AN ACT concerning criminal procedure; relating to search and seizure;
requiring the statement of facts sufficient to show probable cause
justifying a search warrant to be made by a law enforcement
officer; 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 in certain circumstances if a surety
can show that the defendant left the country was deported from the
United States; requiring remission in certain circumstances;
prohibiting a compensated surety from making a loan for certain
portions of the minimum appearance bond premium required;
amending K.S.A. 22-2502 and 22-2807 and K.S.A. 2024 Supp. 22-
2809b and repealing the existing section sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 22-2502 is hereby amended to read as follows:
22-2502. (a) A search warrant shall be issued only upon the oral or
written statement, including those conveyed or received by electronic
communication, of any person a law enforcement officer under oath or
affirmation which that states facts sufficient to show probable cause
that a crime has been, is being or is about to be committed and which
particularly describes a person, place or means of conveyance to be
searched and things to be seized. Any statement which that is made
orally shall be either taken down by a certified shorthand reporter,
sworn to under oath and made part of the application for a search
warrant, or recorded before the magistrate from whom the search
warrant is requested and sworn to under oath. Any statement orally
made shall be reduced to writing as soon thereafter as possible. If the
magistrate is satisfied that grounds for the application exist or that
there is probable cause to believe that they exist, the magistrate may
issue a search warrant for:
(1) The search or seizure of the following:
(A) Anything that can be seized under the fourth amendment of
the United States constitution;
(B) anything which that has been used in the commission of a
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crime, or any contraband or any property which that constitutes or
may be considered a part of the evidence, fruits or instrumentalities of
a crime under the laws of this state, any other state or of the United
States. The term "fruits" as used in this act shall be interpreted to
include any property into which the thing or things unlawfully taken
or possessed may have been converted;
(C) any person who has been kidnapped in violation of the laws
of this state or who has been kidnapped in another jurisdiction and is
now concealed within this state;
(D) any human fetus or human corpse;
(E) any biological material, DNA, cellular material, blood, hair or
fingerprints;
(F) any person for whom a valid felony arrest warrant has been
issued in this state or in another jurisdiction; or
(G) (i) any information concerning the user of an electronic
communication service;, any information concerning the location of
electronic communications systems, including, but not limited to,
towers transmitting cellular signals involved in any wire
communication;, and any other information made through an
electronic communications system; or
(ii) the jurisdiction granted in this paragraph shall extend to
information held by entities registered to do business in the state of
Kansas, submitting to the jurisdiction thereof, and entities primarily
located outside the state of Kansas if the jurisdiction in which the
entity is primarily located recognizes the authority of the magistrate to
issue the search warrant; or
(2) the installation, maintenance and use of a tracking device.
(b) (1) The search warrant under subsection (a)(2) shall authorize
the installation and use of the tracking device to track and collect
tracking data relating to a person or property for a specified period of
time, not to exceed 30 days from the date of the installation of the
device.
(2) The search warrant under subsection (a)(2) may authorize the
retrieval of the tracking data recorded by the tracking device during
the specified period of time for authorized use of such tracking device
within a reasonable time after the expiration of such warrant, for good
cause shown.
(3) The magistrate may, for good cause shown, grant one or more
extensions of a search warrant under subsection (a)(2) for the use of a
tracking device, not to exceed 30 days each.
(c) Before ruling on a request for a search warrant, the
magistrate may require the affiant to appear personally and may
examine under oath the affiant and any witnesses that the affiant may
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produce. Such proceeding shall be taken down by a certified
shorthand reporter or recording equipment and made part of the
application for a search warrant.
(d) For a warrant executed prior to July 1, 2014, affidavits or
sworn testimony in support of the probable cause requirement of this
section or search warrants for tracking devices shall not be made
available for examination without a written order of the court, except
that such affidavits or testimony when requested shall be made
available to the defendant or the defendant's counsel for such
disposition as either may desire.
(e) (1) For a warrant executed on or after July 1, 2014, affidavits
or sworn testimony in support of the probable cause requirement of
this section or search warrants for tracking devices shall not be open
to the public until the warrant has been executed. After the warrant
has been executed, such affidavits or sworn testimony shall be made
available to:
(A) The defendant or the defendant's counsel, when requested,
for such disposition as either may desire; and
(B) any person, when requested, in accordance with the
requirements of this subsection.
(2) Any person may request that affidavits or sworn testimony be
disclosed by filing such request with the clerk of the court. The clerk
of the court shall promptly notify the defendant or the defendant's
counsel, the prosecutor and the magistrate that such request was filed.
The prosecutor shall promptly notify any victim.
(3) Within five business days after receiving notice of a request
for disclosure from the clerk of the court, the defendant or the
defendant's counsel and the prosecutor may submit to the magistrate,
under seal, either:
(A) Proposed redactions, if any, to the affidavits or sworn
testimony and the reasons supporting such proposed redactions; or
(B) a motion to seal the affidavits or sworn testimony and the
reasons supporting such proposed seal.
(4) The magistrate shall review the requested affidavits or sworn
testimony and any proposed redactions or motion to seal submitted by
the defendant, the defendant's counsel or the prosecutor. The
magistrate shall make appropriate redactions, or seal the affidavits or
sworn testimony, as necessary to prevent public disclosure of
information that would:
(A) Jeopardize the physical, mental or emotional safety or well-
being of a victim, witness, confidential source or undercover agent, or
cause the destruction of evidence;
(B) reveal information obtained from a court-ordered wiretap or
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from a search warrant for a tracking device that has not expired;
(C) interfere with any prospective law enforcement action,
criminal investigation or prosecution;
(D) reveal the identity of any confidential source or undercover
agent;
(E) reveal confidential investigative techniques or procedures not
known to the general public;
(F) endanger the life or physical safety of any person;
(G) reveal the name, address, telephone number or any other
information which specifically and individually identifies the victim of
any sexual offense described in article 35 of chapter 21 of the Kansas
Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of
the Kansas Statutes Annotated or K.S.A. 21-6419 through 21-6422,
and amendments thereto;
(H) reveal the name of any minor;
(I) reveal any date of birth, personal or business telephone
number, driver's license number, nondriver's identification number,
social security number, employee identification number, taxpayer
identification number, vehicle identification number or financial
account information; or
(J) constitute a clearly unwarranted invasion of personal privacy.
As used in this subparagraph, "clearly unwarranted invasion of
personal privacy" means revealing information that would be highly
offensive to a reasonable person and is totally unrelated to the alleged
crime that resulted in the issuance of the search warrant, including
information totally unrelated to the alleged crime that may pose a risk
to a person or property and is not of legitimate concern to the public.
The provisions of this subparagraph shall only be used to redact and
shall not be used to seal affidavits or sworn testimony.
(5) Within five business days after receiving proposed redactions
or a motion to seal from the defendant, the defendant's counsel or the
prosecutor, or within 10 business days after receiving notice of a
request for disclosure, whichever is earlier, the magistrate shall either:
(A) Order disclosure of the affidavits or sworn testimony with
appropriate redactions, if any; or
(B) order the affidavits or sworn testimony sealed and not subject
to public disclosure.
(6) (A) If the magistrate orders disclosure of the affidavits or
sworn testimony with appropriate redactions, if any, to any person in
accordance with the requirements of this subsection, then such
affidavits or sworn testimony shall become part of the court record
and shall be accessible to the public.
(B) If the magistrate orders the affidavits or sworn testimony
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sealed and not subject to public disclosure in accordance with the
requirements of this subsection, then such affidavits or sworn
testimony shall become part of the court record that is not accessible
to the public.
(C) Any request for disclosure of affidavits or sworn testimony in
accordance with the requirements of this subsection shall become part
of the court record and shall be accessible to the public, regardless of
whether the magistrate orders disclosure with appropriate redactions,
if any, or sealing of the requested affidavit or sworn testimony.
(f) As used in this section:
(1) "Electronic communication" means the use of electronic
equipment to send or transfer a copy of an original document;
(2) "electronic communication service" and "electronic
communication system" have the meaning as defined in K.S.A. 22-
2514, and amendments thereto;
(3) "tracking data" means information gathered or recorded by a
tracking device;
(4) "tracking device" means an electronic or mechanical device
that permits a person to remotely determine or track the position or
movement of a person or object. "Tracking device" includes, but is
not limited to, a device that stores geographic data for subsequent
access or analysis and a device that allows for the real-time monitoring
of movement; and
(5) "victim" shall include any victim of an alleged crime that
resulted in the issuance of the search warrant, or, if the victim is
deceased, the victim's family, as defined in K.S.A. 74-7335, and
amendments thereto.
(g) Nothing in this section shall be construed as requiring a
search warrant for cellular location information in an emergency
situation pursuant to K.S.A. 22-4615, and amendments thereto.
Section 1. Sec. 2. 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 within 14 days of issuance of the warrant and, upon request, the
court shall 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
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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 been
deported from the United States 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
incarceration;
(B) the warrant required to be issued by subsection (a) was not issued
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 or
provided by the court to the surety upon request pursuant to
subsection (a), 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; or
(E) the defendant was not held subject to an immigration
detainer when the bond was posted and the surety can prove that the
defendant has been deported from 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 the facts substantiating
the deportation.
(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
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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% a portion of the amount of the appearance bond
to the obligor if the defendant is returned to custody within 180 the
following number of days after judgment is entered, as follows:
(A) 90% if the defendant is returned to custody within 90 days;
(B) 75% if the defendant is returned to custody within 91 to 180
days;
(C) 50% if the defendant is returned to custody within 181 to 270
days.
Sec. 3. K.S.A. 2024 Supp. 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, 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 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.
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(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 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 (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
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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 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;
(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. A compensated surety shall not provide a loan for the portion of
the minimum appearance bond premium required by subsection (d)(1)(B).
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A compensated surety shall not be an owner, in whole or in part, or in any
way affiliated with any financial institution making loans for the portion of
the minimum appearance bond premium required by subsection (d)(1)(B).
(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 (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.
(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;
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(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
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.
(C) If the authorization is suspended for 30 days or more, the
chief judge 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.
(D) If the authorization is terminated, the chief judge 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 (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 (g) within 90 days, such
conditional authorization shall be terminated and such compensated
surety shall not act as a surety in such judicial district.
(g) (1) Every compensated surety shall obtain at least eight hours
of continuing education credits during each 12-month period.
(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 $300
annually for the eight hours of continuing education classes, and the
cost of any class with less than eight hours of continuing education
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
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43 SB 157—Am. by HC 12
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 (f)(3) shall not be
applied towards compliance in the current 12-month period or any
subsequent 12-month period.
Sec. 2. 4. K.S.A. 22-2502 and 22-2807 is and K.S.A. 2024 Supp.
22-2809b are hereby repealed.
Sec. 3. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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