Kansas

Kansas Statutes Annotated — Chapter 22, Criminal Procedure

404 sections, each with the official text and a plain-English explanation of what it means for you.

• § 22-2101 — Title
• § 22-2102 — Scope
• § 22-2103 — Purpose and construction
• § 22-2104 — Prosecutions in the name of state
• § 22-2201 — Interpretation of words and phrases
• § 22-2202 — General definitions
• § 22-2301 — Commencement of prosecution
• § 22-2302 — Issuance of warrant or summons; availability of affidavits and testimony in support of probable cause requirements; disclosure after execution, redaction
• § 22-2303 — Prosecution begun by filing indictment or information; issuance of warrant; summons
• § 22-2304 — Form of warrant or summons
• § 22-2305 — Execution or service and return of warrant or summons
• § 22-2306 — Defective warrant
• § 22-2307 — Domestic violence calls; written policies to be adopted by law enforcement agencies; contents
• § 22-2308 — Same; liability
• § 22-2309 — Prosecution of crimes related to domestic violence; written policies adopted by prosecuting attorneys; contents
• § 22-2310 — Stalking allegations; written policies to be adopted by law enforcement agencies; contents; liability
• § 22-2311 — Prosecution of crimes relating to stalking; written policies to be adopted by prosecuting attorneys; contents
• § 22-2312 — Law enforcement officers to not place persons in custody in certain circumstances; immunity from criminal prosecution for certain drug offenses when person was seeking medical assistance for self or others; exceptions
• § 22-2401 — Arrest by law enforcement officer
• § 22-2401a — Jurisdiction of certain law enforcement officers; tribal law enforcement agency, liability insurance required, when; exercise of powers and authority of law enforcement officers
• § 22-2402 — Stopping of suspect
• § 22-2403 — Arrest by private person
• § 22-2404 — Arrest by law enforcement officer from another jurisdiction
• § 22-2405 — Method of arrest
• § 22-2406 — Release by officer of person arrested
• § 22-2407 — Assisting law enforcement officer
• § 22-2408 — Notice to appear
• § 22-2409 — Crimes committed by corporations
• § 22-2410 — Expungement of arrest records; docket fee; disclosure limited upon filing of petition
• § 22-2411 — Arrest powers of federal law enforcement officers
• § 22-2502 — Search warrants; issuance; proceedings authorized; availability of affidavits and testimony in support of probable cause requirement; use of electronic communications and tracking devices
• § 22-2503 — Territorial and time limitations on execution of certain search warrants
• § 22-2504 — Issuance of search warrant
• § 22-2505 — Persons authorized to execute search warrants
• § 22-2506 — Execution of search warrants
• § 22-2507 — Command of search warrant
• § 22-2508 — Use of force in execution of search warrant
• § 22-2509 — Detention and search of persons on premises
• § 22-2510 — When search warrant may be executed
• § 22-2511 — No warrant quashed for technicality
• § 22-2512 — Custody and disposition of seized property
• § 22-2514 — Authorized interception of wire, oral or electronic communications; definitions
• § 22-2515 — Authorized interception of wire, oral or electronic communications; order; application; crimes for which order may be issued; disclosure and use of contents of wire, oral or electronic communications; effect on privileged communications
• § 22-2516 — Same; application for order, form and contents; issuance of order; contents; duration; extension; recordation of intercepted communications; custody of application and order, disclosure; inventory, notice to certain persons; evidentiary status of intercepted communications; motion to suppress, appea
• § 22-2517 — Unlawful interception of wire or oral communication; evidentiary status of contents
• § 22-2518 — Same; civil action for damages; defense available in civil and criminal actions
• § 22-2519 — Reports by judges and prosecutors to administrative office of federal courts
• § 22-2520 — Definitions
• § 22-2521 — Limitations on strip searches; probable cause requirement; report
• § 22-2522 — Body cavity searches; warrant; limitations
• § 22-2523 — Liability for unlawful search
• § 22-2524 — Prison and jail inmates, exceptions
• § 22-2525 — Authorized installation or use; order required, exception
• § 22-2526 — Order, contents
• § 22-2527 — Issuance of order; specifications required; duration; extensions; disclosure
• § 22-2528 — Responsibilities of and assistance to authorities by provider, landlord, custodian or other person; compensation; immunity
• § 22-2529 — Definitions
• § 22-2530 — Copy of search warrant to property owner
• § 22-2601 — Jurisdiction
• § 22-2602 — Place of trial
• § 22-2603 — Crime committed in more than one county
• § 22-2604 — Crime committed on or near county boundary
• § 22-2605 — Waters constituting county boundaries
• § 22-2606 — Waters constituting state boundaries
• § 22-2607 — Assisting another to commit crime or avoid prosecution
• § 22-2608 — Crimes committed while in transit
• § 22-2609 — Property taken in one county and brought into another
• § 22-2610 — Property taken in other state and brought into this state
• § 22-2611 — Death and cause of death in different places
• § 22-2612 — Crime commenced outside the state or by agent
• § 22-2613 — Bigamy
• § 22-2614 — Kidnapping
• § 22-2615 — Failure to appear
• § 22-2616 — Change of venue
• § 22-2617 — Notice of transfer
• § 22-2618 — Time of motion
• § 22-2619 — Crime committed with an electronic device; venue
• § 22-2701 — Definitions
• § 22-2702 — Fugitives from justice; duty of governor
• § 22-2703 — Form of demand
• § 22-2704 — Governor may investigate case
• § 22-2705 — Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
• § 22-2706 — Persons not present in the demanding state at time of commission of crime
• § 22-2707 — Issue of governor's warrant of arrest; recitals
• § 22-2708 — Manner and place of execution
• § 22-2709 — Authority of arresting officer
• § 22-2710 — Rights of accused person; application for writ of habeas corpus; notice
• § 22-2711 — Delivery of person in disobedience of K.S.A
• § 22-2712 — Confinement in jail when necessary
• § 22-2713 — Arrest prior to requisition; prisoners in federal facilities, waiver of requirements for extradition
• § 22-2714 — Arrest without a warrant
• § 22-2715 — Commitment to await requisition; bail
• § 22-2716 — Bail; in what cases; conditions of bond
• § 22-2717 — Extension of time of commitment; adjournment
• § 22-2718 — Forfeiture of bail
• § 22-2719 — Persons under criminal prosecution in this state at time of requisition
• § 22-2720 — Guilt or innocence of accused; when inquired into
• § 22-2721 — Governor may recall warrant or issue alias
• § 22-2722 — Fugitives from this state; duty of governor
• § 22-2723 — Application for issuance of requisition; by whom made; contents
• § 22-2724 — Costs and expenses
• § 22-2725 — Immunity from service of process in civil actions
• § 22-2726 — Written waiver of extradition proceeding; duty of judge
• § 22-2727 — Nonwaiver by this state
• § 22-2728 — No right of asylum; no immunity from other criminal prosecutions while in this state
• § 22-2729 — Uniformity of interpretation
• § 22-2730 — Invalidity of part
• § 22-2801 — Declaration of purpose
• § 22-2802 — Release prior to trial; conditions of release; appearance bond, cash bond or personal recognizance; rules applicable to defendants charged with certain sex offenses who have a prior conviction of a sexually violent crime
• § 22-2803 — Review of conditions of release; application for modification of conditions of release
• § 22-2804 — Release after conviction
• § 22-2805 — Material witness; appearance bond; custody; release, when required; appointed counsel and other services for indigent
• § 22-2806 — Justification and approval of sureties
• § 22-2807 — Forfeiture of appearance bonds; warrant for arrest; forfeiture set aside; procedure after entry of judgement
• § 22-2808 — Exoneration
• § 22-2809 — Surrender of obligor by surety; release of surety
• § 22-2809a — Surety or agent thereof; felons disqualified to act as; notice of intent to apprehend fugitive; violations, penalties
• § 22-2809b — Compensated surety; definitions; application; authorization by judicial district; fingerprinting; requirements to post bond; termination of authority; minimum appearance bond premium; continuing education requirements
• § 22-2814 — Release on recognizance and supervised release
• § 22-2815 — Release on recognizance; procedures; criteria
• § 22-2816 — Supervised release; eligibility; agreement; elements of program
• § 22-2817 — Release on recognizance and supervised release; powers of court
• § 22-2818 — Traffic violations; failure to appear, service of warrant and collection of bond
• § 22-2901 — Appearance before the magistrate
• § 22-2902 — Preliminary examination
• § 22-2902a — Preliminary examination; admissibility of report of forensic examiner
• § 22-2902c — Preliminary examination; admissability of field test of alleged controlled substances; rules and regulations by Kansas bureau of investigation
• § 22-2902d — Preliminary examination; admissibility of certain scrap metal dealer records
• § 22-2903 — Exclusion and separation of witnesses
• § 22-2904 — Testimony reduced to writing
• § 22-2905 — Proceedings after the preliminary examination
• § 22-2906 — Definitions
• § 22-2907 — Diversion agreements authorized; policies and guidelines by district attorney; background information; right to counsel; supervision of persons subject to a diversion agreement by court services or community corrections subject to a memorandum of understanding
• § 22-2908 — Grant of diversion; factors to consider; when prohibited
• § 22-2909 — Diversion agreements; provisions; waiver of certain rights; stipulation of facts; stay of criminal proceedings; filing of agreements; supervision of defendant
• § 22-2910 — Conditioning diversion on plea prohibited; inadmissibility of agreement; other matters
• § 22-2911 — Failure to fulfill diversion agreement; satisfactory fulfillment; records
• § 22-2912 — District court rules for diversion procedures; K.S.A
• § 22-2914 — Preliminary examination; certain business records
• § 22-3001 — Grand juries; summoning; petition; jury instructions; membership; quorum
• § 22-3002 — Objections; second drawing
• § 22-3003 — Oaths of jurors
• § 22-3004 — Presiding juror and deputy presiding juror
• § 22-3005 — Charge by the court
• § 22-3006 — Compensation; recording methods; employees
• § 22-3007 — Duty of prosecuting attorney
• § 22-3008 — Witnesses; immunity
• § 22-3009 — Counsel for witness
• § 22-3010 — Who may be present
• § 22-3011 — Indictment, procedure; request that attorney general prosecute
• § 22-3012 — Secrecy of proceedings and disclosure
• § 22-3013 — Discharge and excuse
• § 22-3014 — Witness fees
• § 22-3015 — Amendment of indictment
• § 22-3016 — Removal of judge
• § 22-3101 — Inquisitions; witnesses
• § 22-3102 — Privilege against self-incrimination; grants of immunity
• § 22-3103 — Use of testimony
• § 22-3104 — Counsel for witness
• § 22-3105 — Witness fees
• § 22-3201 — Complaint; information or indictment; required contents; amendment; bill of particulars; identification of certain witnesses
• § 22-3202 — Joinder of charges and defendants
• § 22-3203 — Consolidation for trial of separate indictments or informations
• § 22-3204 — Joinder of defendants; separate trials
• § 22-3205 — Arraignment
• § 22-3206 — Time of arraignment
• § 22-3207 — Misnomer
• § 22-3208 — Pleadings and motions
• § 22-3209 — Pleas; effect
• § 22-3210 — Plea of guilty or nolo contendere; time limitation
• § 22-3211 — Depositions
• § 22-3212 — Discovery and inspection
• § 22-3213 — Demands for production of statements and reports of witnesses
• § 22-3214 — Subpoenas
• § 22-3215 — Motion to suppress confession or admission
• § 22-3216 — Motion to suppress illegally seized evidence
• § 22-3217 — Pretrial conference
• § 22-3218 — Plea of alibi; notice
• § 22-3219 — Notice and procedure; mental examination
• § 22-3221 — Special jury question
• § 22-3222 — Mental examination, commitment to certain institutions
• § 22-3301 — Definitions
• § 22-3302 — Proceedings to determine competency
• § 22-3303 — Commitment of incompetent defendant; limitation; civil commitment proceedings; regained competency; credit for time committed; victim notification; evaluation and treatment; psychotropic medication, limitations thereon
• § 22-3305 — Procedure when defendant not civilly committed or to be discharged; order of discharge; request for hearing on competency; charges dismissed; statute of limitations not to run; victim notification
• § 22-3306 — Task force to study programs for alleged offenders with disabilities who are potentially incompetent to stand trial and make recommendations
• § 22-3401 — Time of trial
• § 22-3402 — Discharge of persons not brought promptly to trial; discharge deadlines; delays, requests and charging of time; suspension of deadlines until March 1, 2024; guidelines for prioritizing trials; office of judicial administration report to legislature; retroactive application of certain amendments
• § 22-3403 — Method of trial of felony cases
• § 22-3404 — Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial
• § 22-3405 — Presence of defendant
• § 22-3406 — Time to prepare for trial
• § 22-3407 — Motion to discharge jury panel
• § 22-3408 — Trial jurors
• § 22-3409 — Summoning jurors in misdemeanor case
• § 22-3410 — Challenges for cause
• § 22-3411a — Felony trials; number of jurors
• § 22-3412 — Jury selection; peremptory challenges; swearing of jury; alternate or additional jurors
• § 22-3413 — Juror's knowledge of material fact
• § 22-3414 — Order of trial