SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE BILL NO. 157
As Amended by House Committee on Judiciary
Brief*
SB 157, as amended, would amend law concerning the
issuance of search warrants, the forfeiture of appearance
bonds, and the regulation of compensated sureties in the
Kansas Code of Criminal Procedure.
Issuance of Search Warrants
The bill would specify only law enforcement officers may
provide sworn statements supporting a finding of probable
cause to issue a search warrant. Under current law, any
person may provide such statements.
Forfeiture of Appearance Bonds
The bill 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
Under continuing law, whenever a defendant is charged
with a felony offense and fails to appear as directed by the
court, the sheriff must enter the warrant into the National
Crime Information Center index within 14 days of issuance of
the warrant. The bill would require, upon request, the court to
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*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/ 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 require a court to set aside (not enforce) a
forfeiture in certain circumstances, in addition to other ways
the court may or must direct forfeitures to be set aside in
continuing law.
The bill would require the court to set aside a bond
forfeiture when the warrant has not been provided to the
compensated surety as directed by the bill unless there is
good cause shown.
The bill would also require the court to set aside a bond
forfeiture when 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. The bill would
require the surety provide to the court a written statement,
signed by the surety under penalty of perjury, setting forth
facts substantiating the deportation.
Remission of Appearance Bond
The bill would require, when a forfeiture has not been
set aside and a judgment of default has been issued, the
court to remit (return) a portion of the amount of the
appearance bond to the obligor if the defendant is returned to
custody within a certain number of days after judgment is
entered, as follows:
●90 percent if returned within 90 days;
●75 percent if returned within 91 to 180 days; or
●50 percent if returned within 181 to 270 days.
2- 157 Regulation of Compensated Sureties
The bill would prohibit a compensated surety from
making loans for the purpose of financing the minimum
appearance bond premium required to be paid before posting
a bond.
Under continuing law, a compensated surety must
charge a minimum appearance bond premium of 10 percent
of the face amount of the bond, and post a bond only after the
compensated surety has received at least 5 percent of such
premium. The bill would specify that a compensated surety
could not provide a loan, nor be affiliated with any financial
institution providing such loan, for this 5 percent minimum.
[Note: The Kansas Code of Criminal Procedure defines
“compensated surety” as any person or entity that 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 an insurance agent surety, a property surety, or a bail
agent.]
Background
The House Committee on Judiciary inserted the
contents of SB 138 and SB 244 into SB 157 while retaining
the contents of SB 157. Background information for each bill
may be found below.
SB 157 (Forfeiture of Appearance Bonds)
The bill was introduced by the Senate Committee on
Judiciary at the request of Senator Owens.
3- 157 Senate Committee on Judiciary
In the Senate Committee hearing, Senator Owens and a
representative of the Kansas Bail Agents Association (KBAA)
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.
House Committee on Judiciary
In the House Committee hearing, Senator Owens and
the representative of the KBAA provided proponent
testimony that was similar to the testimony provided in the
Senate Committee hearing and suggested amendments to
further clarify when bond forfeitures must be set aside and to
provide a tiered remission scheme.
Written-only proponent testimony was provided by a
representative of the Kansas Sheriffs Association.
Neutral testimony was provided by a representative of
the Kansas County and District Attorneys Association
(KCDAA), who stated support for the amendments made by
the Senate Committee and the additional amendments
proposed by proponents.
4- 157 No other testimony was provided.
The House Committee adopted amendments to:
●Clarify that a surety must make a request of the
court to make a copy of the warrant available;
●Further clarify when a forfeiture involving a
deported defendant must be set aside; and
●Provide for a tiered remission of forfeited bond
amounts depending on the number of days within
which a defendant is returned to custody after
forfeiture;
●Add the contents of SB 138, concerning the
issuance of search warrants; and
●Add the contents of SB 244, concerning the
regulation of compensated sureties.
SB 138 (Issuance of Search Warrants)
The bill was introduced by the Senate Committee on
Judiciary at the request of a representative of the KCDAA.
Senate Committee on Judiciary
In the Senate Committee hearing, two representatives of
KCDAA provided proponent testimony. The proponents
stated that because search warrants have been requested by
persons outside of law enforcement in at least two counties in
the past year, making this clarifying change is necessary to
protect the reasonable expectation of privacy of Kansas
citizens who may be subject to search warrants issued only to
harass or embarrass them.
No other testimony was provided.
5- 157 House Committee on Judiciary
In the House Committee hearing, two representatives of
KCDAA provided proponent testimony that was substantially
similar to testimony provided in the Senate Committee
hearing.
No other testimony was provided.
SB 244 (Regulation of Compensated Sureties)
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, proponent testimony
was provided by Senator Owens and a representative of the
KBAA. The proponents stated the purpose of this bill is to
ensure bonding companies comply with the intent of
legislation requiring minimum payments on bond premiums
enacted in 2024.
Written-only proponent testimony was provided by a
representative of the Kansas Sheriffs Association.
No other testimony was provided.
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
remove a requirement that any loan obtained for payment of
a bond premium be obtained from a financial institution.
House Committee on Judiciary
In the House Committee hearing, Senator Owens and a
representative of KBAA provided proponent testimony that
6- 157 was substantially similar to testimony provided in the Senate
Committee hearing.
Written-only proponent testimony was provided by
representatives of the KCDAA and the Kansas Sheriffs
Association.
No other testimony was provided.
Fiscal Information
SB 157 (Forfeiture of Appearance Bonds)
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.
SB 138 (Issuance of Search Warrants)
According to the fiscal note prepared by the Division of
the Budget on the bill, the Judicial Branch indicates
enactment of the bill would have no fiscal effect on its
operations.
The Kansas Association of Counties and the League of
Kansas Municipalities indicate that enactment of the bill
would have no fiscal effect on local governments.
SB 244 (Regulation of Compensated Sureties)
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
7- 157 minimal fiscal effect that could be absorbed within existing
resources.
The Department of Insurance indicates enactment of the
bill would not have a fiscal effect on the agency.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2026 Governor’s Budget Report.
Appearance bonds; courts; warrants; sureties; failure to appear; crimes; criminal
procedure; law enforcement; bond premiums
8- 157