SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2076
As Amended by House Committee on Judiciary
Brief*
HB 2076, as amended, would amend law related to
sureties in the Code of Criminal Procedure to state any
person who is released on an appearance bond may be
arrested and delivered to a custodial officer of the court by a
surety or surety’s designee in the county where the complaint
subject to the bond was filed. Under current law, sureties
seeking discharge of an appearance bond may do so in any
county in the state in which the person is charged.
The bill also would define “custodial officer of the court”
as the sheriff or keeper of the jail in the county.
Background
The bill was introduced by the House Committee on
Judiciary at the request of Representative Patton on behalf of
the Kansas Sheriffs Association.
House Committee on Judiciary
In the House Committee hearing on January 27, 2021,
representatives of the Kansas Bail Agents Association and
Kansas Sheriffs Association testified as proponents of the
bill, stating the change would address the problem of some
sureties failing to transport offenders between counties when
rearrested and leaving sheriffs responsible for transport to the
____________________
*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
http://www.kslegislature.org
appropriate county. The Kansas Association of Counties
provided written-only proponent testimony.
No neutral or opponent testimony was provided.
On February 11, 2021, the House Committee amended
the bill to define “custodial officer of the court.”
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration and Kansas Association of Counties indicate
enactment of the bill would have a negligible fiscal effect.
Sureties; appearance bond; arrest and delivery; county where delivered
2- 2076
Statutes affected: As introduced: 22-2809
As Amended by House Committee: 22-2809