Kansas 2025-2026 Regular Session

Kansas Senate Bill SB157 Compare Versions

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Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 157
3	3	By Committee on Judiciary
4	4	2-3
5	5	AN ACT concerning criminal procedure; relating to release prior to trial;
6	6	forfeiture of appearance bonds; requiring warrants for failure to appear
7	7	to be given to sureties; allowing bond forfeiture to be set aside if surety
8	8	can show defendant left the country; requiring remission in certain
9	9	circumstances; amending K.S.A. 22-2807 and repealing the existing
10	10	section.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 22-2807 is hereby amended to read as follows: 22-
13	13	2807. (a) If a defendant fails to appear as directed by the court and
14	14	guaranteed by an appearance bond, the court in which the bond is
15	15	deposited shall declare a forfeiture of the bail and issue a warrant for the
16	16	defendant's arrest. If the defendant is charged with a felony offense, the
17	17	sheriff shall enter such warrant into the national crime information center's
18	18	index and make a copy of the warrant available to a compensated surety
19	19	who deposited the bond on behalf of the defendant within 14 days of
20	20	issuance of the warrant. If such warrant is not entered into such index, the
21	21	sheriff shall notify the court thereof.
22	22	(b) An appearance bond may only be forfeited by the court upon a
23	23	failure to appear. If a defendant violates any other condition of bond, the
24	24	bond may be revoked and the defendant remanded to custody. An
25	25	appearance bond is revoked by the execution of a warrant for a defendant's
26	26	arrest for a violation of a bond condition. The magistrate shall promptly set
27	27	a new bond pursuant to requirements of K.S.A. 22-2802, and amendments
28	28	thereto.
29	29	(c) (1) The court may direct that a forfeiture be set aside, upon such
30	30	conditions as the court may impose, if it appears that justice does not
31	31	require the enforcement of the forfeiture.
32	32	(2) The court shall direct that a forfeiture be set aside, upon such
33	33	conditions as the court may impose, if:
34	34	(A) The surety can prove that the defendant has left the country or is
35	35	incarcerated somewhere within the United States prior to judgment of
36	36	default by providing to the court a written statement, signed by the surety
37	37	under penalty of perjury, setting forth details of the facts substantiating
38	38	such incarceration claim;
39	39	(B) the warrant required to be issued by subsection (a) was not issued
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76	76	within 14 days of the forfeiture;
77	77	(C) a warrant that is required to be entered into the national crime
78	78	information center's index or provided to a compensated surety pursuant to
79	79	subsection (a) was not entered or provided within 14 days of issuance,
80	80	unless there is good cause shown for the failure to enter such warrant into
81	81	the index or provide such warrant to the compensated surety; or
82	82	(D) the defendant has been arrested outside of this state and the
83	83	prosecuting attorney has declined to proceed with extradition.
84	84	(3) Upon the defendant's return, the surety may be ordered to pay the
85	85	costs of such return.
86	86	(d) When a forfeiture has not been set aside, the court shall on motion
87	87	enter a judgment of default and execution may issue thereon. If the
88	88	forfeiture has been decreed by a district magistrate judge and the amount
89	89	of the bond exceeds the limits of the civil jurisdiction prescribed by law
90	90	for a district magistrate judge, the judge shall notify the chief judge in
91	91	writing of the forfeiture and the matter shall be assigned to a district judge
92	92	who, on motion, shall enter a judgment of default. By entering into a bond
93	93	the obligors submit to the jurisdiction of any court having power to enter
94	94	judgment upon default and irrevocably appoint the clerk of that court as
95	95	their agent upon whom any papers affecting their liability may be served.
96	96	Their liability may be enforced on motion without the necessity of an
97	97	independent action. The motion and notice thereof may be served on the
98	98	clerk of the court, who shall forthwith promptly mail copies to the obligors
99	99	to their last known addresses. No judgment may be entered against the
100	100	obligor in an appearance bond until more than 60 days after notice is
101	101	served as provided herein in this section. No judgment may be entered
102	102	against the obligor in an appearance bond more than two years after a
103	103	defendant's failure to appear.
104	104	(e) After entry of judgment pursuant to subsection (d), the court:
105	105	(1) May remit such judgment in whole or in part under the conditions
106	106	applying to the setting aside of forfeiture in subsection (c); and
107	107	(2) shall remit 95% of the amount of the appearance bond to the
108	108	obligor if the defendant is returned to custody within 180 days after
109	109	judgment is entered.
110	110	Sec. 2. K.S.A. 22-2807 is hereby repealed.
111	111	Sec. 3. This act shall take effect and be in force from and after its
112	112	publication in the statute book.
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