SENATE BILL No. 186
AN ACT concerning crimes, punishment and criminal procedure; modifying elements in
the crimes of sexual exploitation of a child, unlawful transmission of a visual
depiction of a child and breach of privacy; prohibiting certain acts related to visual
depictions in which the person depicted is indistinguishable from a real child,
morphed from a real child's image or generated without any actual child involvement;
providing an exception for cable services in the crime of breach of privacy;
prohibiting dissemination of certain items that appear to depict or purport to depict an
identifiable person; relating to affidavits or sworn testimony in support of probable
cause; requiring such information to be made available to law enforcement; 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; requiring that certain prior convictions be considered when bond
is being set for certain sex offenses; specifying minimum requirements and
conditions for such bond; relating to appearance bonds; requiring warrants for failure
to appear to be given to sureties; allowing bond forfeiture to be set aside in certain
circumstances if a surety can show that the defendant 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. 21-5510, 21-5611, 22-2302, 22-2502, 22-2802,
22-2803 and 22-2807 and K.S.A. 2024 Supp. 21-6101 and 22-2809b and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5510 is hereby amended to read as follows:
21-5510. (a) Except as provided in K.S.A. 21-5610 and 21-5611, and
amendments thereto, sexual exploitation of a child is:
(1) Employing, using, persuading, inducing, enticing or coercing a
child under 18 years of age, or a person whom the offender believes to
be a child under 18 years of age, to engage in sexually explicit conduct
with the intent to promote any performance;
(2) (A) possessing any visual depiction of a child under 18 years
of age shown or heard engaging in sexually explicit conduct with intent
to arouse or satisfy the sexual desires or appeal to the prurient interest
of the offender or any other person; or
(B) possessing any artificially generated visual depiction with
intent to arouse or satisfy the sexual desires or appeal to the prurient
interest of the offender or any other person;
(3) being a parent, guardian or other person having custody or
control of a child under l8 years of age and knowingly permitting such
child to engage in, or assist another to engage in, sexually explicit
conduct for any purpose described in subsection (a)(1) or (2); or
(4) promoting any performance that includes sexually explicit
conduct by a child under 18 years of age, or a person whom the
offender believes to be a child under 18 years of age, knowing the
character and content of the performance.
(b) (1) Sexual exploitation of a child as defined in:
(A) Subsection (a)(2) or (a)(3) is a severity level 5, person felony;
and
(B) subsection (a)(1) or (a)(4) is a severity level 3, person felony,
except as provided in subsection (b)(2).
(2) Sexual exploitation of a child as defined in subsection (a)(1) or
(a)(4) or attempt, conspiracy or criminal solicitation to commit sexual
exploitation of a child as defined in subsection (a)(1) or (a)(4) is an off-
grid person felony, when the offender is 18 years of age or older and
the child is under 14 years of age.
(c) If the offender is 18 years of age or older and the child is under
14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to
a violation of attempting to commit the crime of sexual exploitation of
a child as defined in subsection (a)(1) or (a)(4);
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to
a violation of conspiracy to commit the crime of sexual exploitation of
a child as defined in subsection (a)(1) or (a)(4); and SENATE BILL No. 186—page 2
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to
a violation of criminal solicitation to commit the crime of sexual
exploitation of a child as defined in subsection (a)(1) or (a)(4).
(d) As used in this section:
(1) "Sexually explicit conduct" means actual or simulated:
Exhibition in the nude; sexual intercourse or sodomy, including genital-
genital, oral-genital, anal-genital or oral-anal contact, whether between
persons of the same or opposite sex; masturbation; sado-masochistic
abuse with the intent of sexual stimulation; or lewd exhibition of the
genitals, female breasts or pubic area of any person;
(2) "promoting" means procuring, transmitting, distributing,
circulating, presenting, producing, directing, manufacturing, issuing,
publishing, displaying, exhibiting or advertising:
(A) For pecuniary profit; or
(B) with intent to arouse or gratify the sexual desire or appeal to
the prurient interest of the offender or any other person;
(3) "performance" means any film, photograph, negative, slide,
book, magazine or other printed or visual medium, any audio tape
recording or any photocopy, video tape, video laser disk, computer
hardware, software, floppy disk or any other computer related
equipment or computer generated image that contains or incorporates in
any manner any film, photograph, negative, photocopy, video tape or
video laser disk or any play or other live presentation;
(4) "nude" means any state of undress in which the human
genitals, pubic region, buttock or female breast, at a point below the top
of the areola, is less than completely and opaquely covered;
(5) "obscene" means a visual depiction or artificially generated
visual depiction that, taken as a whole, appeals to the prurient interest
of an average person, applying contemporary community standards,
that is patently offensive and that, taken as a whole, lacks serious
literary, artistic, political or scientific value;
(6) "artificially generated visual depiction" means a visual
depiction that is obscene and produced through the use of computer
software, digital manipulation or other means that creates an image or
video that appears to depict a child under 18 years of age shown or
heard engaging in sexually explicit conduct. "Artificially generated
visual depiction" includes depictions that are obscene and
indistinguishable from a real child, morphed from a real child's image
or generated without any actual child involvement; and
(5)(7) "visual depiction" means any photograph, film, video
picture, digital or computer-generated image or picture, whether made
or produced by electronic, mechanical or other means.
(e) The provisions of this section shall not apply to possession of a
visual depiction of a child in a state of nudity if the person possessing
such visual depiction is the child who is the subject of such visual
depiction.
Sec. 2. K.S.A. 21-5611 is hereby amended to read as follows: 21-
5611. (a) Unlawful transmission of a visual depiction of a child is
knowingly transmitting a visual depiction of a an identifiable child 12
or more years of age but less than 18 years of age in a state of nudity
when the offender is less than 19 years of age.
(b) Aggravated unlawful transmission of a visual depiction of a
child is:
(1) Knowingly transmitting a visual depiction of a an identifiable
child 12 or more years of age but less than 18 years of age in a state of
nudity:
(A) With the intent to harass, embarrass, intimidate, defame or
otherwise inflict emotional, psychological or physical harm;
(B) for pecuniary or tangible gain; or SENATE BILL No. 186—page 3
(C) with the intent to exhibit or transmit such visual depiction to
more than one person; and
(2) when the offender is less than 19 years of age.
(c) (1) Unlawful transmission of a visual depiction of a child is a:
(A) Class A person misdemeanor, except as provided in subsection
(c)(1)(B); and
(B) severity level 10, person felony upon a second or subsequent
conviction.
(2) Aggravated unlawful transmission of a visual depiction of a
child is a:
(A) Severity level 9, person felony, except as provided in
subsection (c)(2)(B); and
(B) severity level 7, person felony upon a second or subsequent
conviction.
(d) It shall be a rebuttable presumption that an offender had the
intent to harass, embarrass, intimidate, defame or otherwise inflict
emotional, psychological or physical harm if the offender transmitted a
visual depiction of a person other than such child in a state of nudity to
more than one person.
(e) The provisions of this section shall not apply to transmission of
a visual depiction of a child in a state of nudity by the child who is the
subject of such visual depiction.
(f) The provisions of this section shall not apply to a visual
depiction of a child engaged in sexually explicit conduct or a visual
depiction that constitutes obscenity as defined in K.S.A. 21-6401(f)(1),
and amendments thereto.
(g) As used in this section and K.S.A. 21-5610, and amendments
thereto:
(1) "Sexually explicit conduct" means actual or simulated: Sexual
intercourse or sodomy, including genital-genital, oral-genital, anal-
genital or oral-anal contact, whether between persons of the same or
opposite sex; masturbation and sado-masochistic abuse for the purpose
of sexual stimulation;
(2) "state of nudity" means any state of undress in which the
human genitals, pubic region, buttock or female breast, at a point below
the top of the areola, is less than completely and opaquely covered;
(3) "transmission" means any form of communication, including,
but not limited to, physical transmission of paper and electronic
transmission that creates a record that may be retained and reviewed by
a recipient thereof, and that may be directly reproduced in paper form
by such a recipient through an automated process. Transmission also
includes a request to receive a transmission of a visual depiction; and
(4) "visual depiction" means any photograph, film, video picture,
digital or computer-generated image or picture made or produced by
electronic, mechanical or other means, including, but not limited to,
any such item created, in whole or in part, altered or modified by
artificial intelligence or any digital means to appear to depict or
purport to depict an identifiable child, regardless of whether such
identifiable child was involved in the creation of the original image.
Sec. 3. K.S.A. 2024 Supp. 21-6101 is hereby amended to read as
follows: 21-6101. (a) Breach of privacy is knowingly and without
lawful authority:
(1) Intercepting, without the consent of the sender or receiver, a
message by telephone, telegraph, letter or other means of private
communication;
(2) divulging, without the consent of the sender or receiver, the
existence or contents of such message if such person knows that the
message was illegally intercepted, or if such person illegally learned of
the message in the course of employment with an agency in SENATE BILL No. 186—page 4
transmitting such message;
(3) entering with intent to listen surreptitiously to private
conversations in a private place or to observe the personal conduct of
any other person or persons entitled to privacy therein;
(4) installing or using outside or inside a private place any device
for hearing, recording, amplifying or broadcasting sounds originating in
such place, which sounds would not ordinarily be audible or
comprehensible without the use of such device, without the consent of
the person or persons entitled to privacy therein;
(5) installing or using any device or equipment for the interception
of any telephone, telegraph or other wire or wireless communication
without the consent of the person in possession or control of the
facilities for such communication;
(6) installing or using a camcorder, motion picture camera or
photographic camera of any type to videotape, film, photograph or
record, by electronic or other means, another identifiable person under
or through the clothing being worn by that other person or another
identifiable person who is nude or in a state of undress, for the purpose
of viewing the body of, or the undergarments worn by, that other
person, without the consent or knowledge of that other person, with the
intent to invade the privacy of that other person, under circumstances in
which that other person has a reasonable expectation of privacy;
(7) disseminating or permitting the dissemination of any
videotape, photograph, film or image obtained in violation of
subsection (a)(6); or
(8) disseminating any videotape, photograph, film or image of
another identifiable person 18 years of age or older who is nude or
engaged in sexual activity and under circumstances in which such
identifiable person had a reasonable expectation of privacy, with the
intent to harass, threaten or intimidate such identifiable person, and
such identifiable person did not consent to such dissemination. This
includes disseminating any videotape, photograph, film or image that
has been created, in whole or in part, altered or modified by artificial
intelligence or any digital means to appear to depict or purport to
depict such identifiable person, regardless of whether such identifiable
person was involved in the creation of the original image.
(b) Breach of privacy as defined in:
(1) Subsection (a)(1) through (a)(5) is a class A nonperson
misdemeanor;
(2) subsection (a)(6) or (a)(8) is a:
(A) Severity level 8, person felony, except as provided in
subsection (b)(2)(B); and
(B) severity level 5, person felony upon a second or subsequent
conviction within the previous five years; and
(3) subsection (a)(7) is a severity level 5, person felony.
(c) Subsection (a)(1) shall not apply to messages overheard
through a regularly installed instrument on a telephone party line or on
an extension.
(d) The provisions of this section shall not apply to:
(1) An operator of a switchboard, or any officer, employee or
agent of any public utility providing telephone communications service,
whose facilities are used in the transmission of a communication, to
intercept, disclose or use that communication in the normal course of
employment while engaged in any activity which is incident to the
rendition of public utility service or to the protection of the rights of
property of such public utility;
(2) a provider of an interactive computer service, as defined in 47
U.S.C. § 230, for content provided by another person;
(3) a radio common carrier, as defined in K.S.A. 66-1,143, and SENATE BILL No. 186—page 5
amendments thereto; and
(4) a local exchange carrier or telecommunications carrier as
defined in K.S.A. 66-1,187, and amendments thereto;
(5) a cable service, as defined in 47 U.S.C. § 522;
(6) a provider of direct-to-home satellite services, as defined in 47
U.S.C. § 303(v); and
(7) a multichannel video programming distributor, as defined in
47 U.S.C. § 522(13), or an affiliate thereof.
(e) The provisions of subsection (a)(8) shall not apply to a person
acting with a bona fide and lawful scientific, educational,
governmental, news or other similar public purpose.
(f) As used in this section, "private place" means a place where
one may reasonably expect to be safe from uninvited intrusion or
surveillance.
Sec. 4. K.S.A. 22-2302 is hereby amended to read as follows: 22-
2302. (a) (1) If the magistrate finds from the complaint, or from an
affidavit or affidavits filed with the complaint or from sworn testimony,
that there is probable cause to believe both that a crime has been
committed and that the defendant has committed it, a warrant for the
arrest of the defendant shall issue, except that a summons instead of a
warrant may be issued if:
(1)(A) The prosecuting attorney so requests; or
(2)(B) in the case of a complaint alleging commission of a
misdemeanor, the magistrate determines that a summons should be
issued.
(2) More than one warrant or summons may issue on the same
complaint. If a defendant fails to appear in response to the summons, a
warrant shall issue.
(b) For a warrant or summons executed prior to July 1, 2014,
affidavits or sworn testimony in support of the probable cause
requirement of this section 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.
(c) (1) For a warrant or summons executed on or after July 1,
2014, Affidavits or sworn testimony in support of the probable cause
requirement of this section shall be made available to law enforcement
agencies prior to execution of the warrant or summons, but shall not be
open to the general public until the warrant or summons has been
executed. After the warrant or summons 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. Upon entry
of appearance by an attorney on behalf of the defendant, or indication
by the defendant to the court that such defendant will represent the
defendant's self, 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. For the purposes of this subsection, victim shall include any
victim of an alleged crime that resulted in the issuance of the arrest
warrant, or, if the victim is deceased, the victim's family, as defined in
K.S.A. 74-7335, and amendments thereto.
(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, SENATE BILL No. 186—page 6
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
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 arrest 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
sealed and not subject to public disclosure in accordance with the SENATE BILL No. 186—page 7
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.
Sec. 5. 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
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. SENATE BILL No. 186—page 8
(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 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
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 SENATE BILL No. 186—page 9
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
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 SENATE BILL No. 186—page 10
(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.
Sec. 6. K.S.A. 22-2802 is hereby amended to read as follows: 22-
2802. (1)(a) Any person charged with a crime shall, at the person's first
appearance before a magistrate, be ordered released pending
preliminary examination or trial upon the execution of an appearance
bond in an amount specified by the magistrate and sufficient to assure
the appearance of such person before the magistrate when ordered and
to assure the public safety. If the person is being bound over for a
felony, the bond shall also be conditioned on the person's appearance in
the district court or by way of a two-way electronic audio-video
communication as provided in subsection (14) (n) at the time required
by the court to answer the charge against such person and at any time
thereafter that the court requires. Unless the magistrate makes a
specific finding otherwise, if the person is being bonded out for a
person felony or a person misdemeanor, the bond shall be conditioned
on the person being prohibited from having any contact with the
alleged victim of such offense for a period of at least 72 hours. The
magistrate may impose such of the following additional conditions of
release as will reasonably assure the appearance of the person for
preliminary examination or trial:
(a)(1) Place the person in the custody of a designated person or
organization agreeing to supervise such person;
(b)(2) place restrictions on the travel, association or place of abode
of the person during the period of release;
(c)(3) impose any other condition deemed reasonably necessary to
assure appearance as required, including a condition requiring that the
person return to custody during specified hours;
(d)(4) place the person under a house arrest program pursuant to
K.S.A. 21-6609, and amendments thereto; or
(e)(5) place the person under the supervision of a court services
officer responsible for monitoring the person's compliance with any
conditions of release ordered by the magistrate. The magistrate may
order the person to pay for any costs associated with the supervision
provided by the court services department in an amount not to exceed
$15 per week of such supervision. The magistrate may also order the
person to pay for all other costs associated with the supervision and
conditions for compliance in addition to the $15 per week.
(2)(b) In addition to any conditions of release provided in
subsection (1) (a), for any person charged with a felony, the magistrate
may order such person to submit to a drug and alcohol abuse
examination and evaluation in a public or private treatment facility or
state institution and, if determined by the head of such facility or
institution that such person is a drug or alcohol abuser or is
incapacitated by drugs or alcohol, to submit to treatment for such drug
or alcohol abuse, as a condition of release.
(3)(c) The appearance bond shall be executed with sufficient
solvent sureties who are residents of the state of Kansas, unless the
magistrate determines, in the exercise of such magistrate's discretion,
that requiring sureties is not necessary to assure the appearance of the
person at the time ordered.
(4)(d) A deposit of cash in the amount of the bond may be made in
lieu of the execution of the bond pursuant to subsection (3) (c). Except
as provided in subsection (5)(e), such deposit shall be in the full SENATE BILL No. 186—page 11
amount of the bond and in no event shall a deposit of cash in less than
the full amount of bond be permitted. Any person charged with a crime
who is released on a cash bond shall be entitled to a refund of all
moneys paid for the cash bond, after deduction of any outstanding
restitution, costs, fines and fees, after the final disposition of the
criminal case if the person complies with all requirements to appear in
court. The court may not exclude the option of posting bond pursuant to
subsection (3) (c).
(5)(e) Except as provided further, the amount of the appearance
bond shall be the same whether executed as described in subsection (3)
(c) or posted with a deposit of cash as described in subsection (4) (d).
When the appearance bond has been set at $2,500 or less and the most
serious charge against the person is a misdemeanor, a severity level 8, 9
or 10 nonperson felony, a drug severity level 4 felony committed prior
to July 1, 2012, a drug severity level 5 felony committed on or after
July 1, 2012, or a violation of K.S.A. 8-1567, and amendments thereto,
the magistrate may allow the person to deposit cash with the clerk in
the amount of 10% of the bond, provided the person meets at least the
following qualifications:
(A)(1) Is a resident of the state of Kansas;
(B)(2) has a criminal history score category of G, H or I;
(C)(3) has no prior history of failure to appear for any court
appearances;
(D)(4) has no detainer or hold from any other jurisdiction;
(E)(5) has not been extradited from, and is not awaiting
extradition to, another state; and
(F)(6) has not been detained for an alleged violation of probation.
(6)(f) In the discretion of the court, a person charged with a crime
may be released upon the person's own recognizance by guaranteeing
payment of the amount of the bond for the person's failure to comply
with all requirements to appear in court. The release of a person
charged with a crime upon the person's own recognizance shall not
require the deposit of any cash by the person.
(7)(g) The court shall not impose any administrative fee.
(8)(h) In determining which conditions of release will reasonably
assure appearance and the public safety, the magistrate shall, on the
basis of available information, take into account the nature and
circumstances of the crime charged; the weight of the evidence against
the defendant; whether the defendant is lawfully present in the United
States; the defendant's family ties, employment, financial resources,
character, mental condition, length of residence in the community,
record of convictions, record of appearance or failure to appear at court
proceedings or of flight to avoid prosecution; the likelihood or
propensity of the defendant to commit crimes while on release,
including whether the defendant will be likely to threaten, harass or
cause injury to the victim of the crime or any witnesses thereto; and
whether the defendant is on probation or parole from a previous offense
at the time of the alleged commission of the subsequent offense.
(9)(i) The appearance bond shall set forth all of the conditions of
release.
(10)(j) A person for whom conditions of release are imposed and
who continues to be detained as a result of the person's inability to meet
the conditions of release shall be entitled, upon application, to have the
conditions reviewed without unnecessary delay by the magistrate who
imposed them. If the magistrate who imposed conditions of release is
not available, any other magistrate in the county may review such
conditions.
(11)(k) A magistrate ordering the release of a person on any
conditions specified in this section may at any time amend the order to SENATE BILL No. 186—page 12
impose additional or different conditions of release. If the imposition of
additional or different conditions results in the detention of the person,
the provisions of subsection (10) (j) shall apply.
(12)(l) Statements or information offered in determining the
conditions of release need not conform to the rules of evidence. No
statement or admission of the defendant made at such a proceeding
shall be received as evidence in any subsequent proceeding against the
defendant.
(13)(m) The appearance bond and any security required as a
condition of the defendant's release shall be deposited in the office of
the magistrate or the clerk of the court where the release is ordered. If
the defendant is bound to appear before a magistrate or court other than
the one ordering the release, the order of release, together with the bond
and security shall be transmitted to the magistrate or clerk of the court
before whom the defendant is bound to appear.
(14)(n) Proceedings before a magistrate as provided in this section
to determine the release conditions of a person charged with a crime
including release upon execution of an appearance bond may be
conducted by two-way electronic audio-video communication between
the defendant and the judge in lieu of personal presence of the
defendant or defendant's counsel in the courtroom in the discretion of
the court. The defendant may be accompanied by the defendant's
counsel. The defendant shall be informed of the defendant's right to be
personally present in the courtroom during such proceeding if the
defendant so requests. Exercising the right to be present shall in no way
prejudice the defendant.
(15)(o) The magistrate may order the person to pay for any costs
associated with the supervision of the conditions of release of the
appearance bond in an amount not to exceed $15 per week of such
supervision. As a condition of sentencing under K.S.A. 21-6604, and
amendments thereto, the court may impose the full amount of any such
costs in addition to the $15 per week, including, but not limited to,
costs for treatment and evaluation under subsection (2) (b).
(p) (1) If a defendant is charged with rape, as described in K.S.A.
21-5503, and amendments thereto, criminal sodomy or aggravated
criminal sodomy, as described in K.S.A. 21-5504, and amendments
thereto, aggravated sexual battery, as described in K.S.A. 21-5505, and
amendments thereto, or indecent liberties with a child or aggravated
indecent liberties with a child, as described in K.S.A. 21-5506, and
amendments thereto, the magistrate shall determine prior convictions
of such offenses or comparable out-of-state convictions upon available
evidence.
(2) If the magistrate determines that such defendant has a prior
conviction of any crime that constitutes a sexually violent crime as
defined in K.S.A. 22-4902, and amendments thereto, bond shall be at
least $750,000 cash or surety and have at least minimum conditions of
no contact with any victims or witnesses and the magistrate shall place
the person under a house arrest program pursuant to subsection (a)(4).
Such bond shall not be reduced or modified downward unless the
magistrate determines by a preponderance of the evidence at an
evidentiary hearing and makes a written finding on the record that the
defendant is not a public safety risk and not a flight risk. At such
evidentiary hearing, there shall be a presumption that the defendant is
both a public safety risk and a flight risk.
Sec. 7. K.S.A. 22-2803 is hereby amended to read as follows: 22-
2803. A person who remains in custody after review of such person's
application pursuant to subsection (9) or (10) of K.S.A. 22-2802(i) or
(j), and amendments thereto, by a district magistrate judge may apply
to a district judge of the judicial district in which the charge is pending SENATE BILL No. 186—page 13
to modify the order fixing conditions of release. Such motion shall be
determined promptly.
Sec. 8. 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.
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 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;
(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 pursuant to subsection (a) was not entered
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 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 SENATE BILL No. 186—page 14
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 a portion of the amount of the appearance bond to
the obligor if the defendant is returned to custody within 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; and
(C) 50% if the defendant is returned to custody within 181 to 270
days.
Sec. 9. 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.
(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: SENATE BILL No. 186—page 15
(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 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 SENATE BILL No. 186—page 16
(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).
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;
(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. SENATE BILL No. 186—page 17
(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
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. 10. K.S.A. 21-5510, 21-5611, 22-2302, 22-2502, 22-2802,
22-2803 and 22-2807 and K.S.A. 2024 Supp. 21-6101 and 22-2809b
are hereby repealed. SENATE BILL No. 186—page 18
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.