The bill amends Kansas law regarding criminal procedure, particularly focusing on search and seizure protocols and the management of appearance bonds. It stipulates that search warrants must be issued based on a law enforcement officer's sworn statement demonstrating probable cause. New provisions prohibit compensated sureties from making loans for certain portions of the minimum appearance bond premium and require that warrants for failure to appear be provided to sureties. Additionally, the bill allows for bond forfeiture to be set aside under specific circumstances, such as if a surety can prove the defendant was deported from the United States. It also establishes guidelines for handling search warrants and associated affidavits, ensuring they remain confidential until after execution, with provisions for redaction to protect sensitive information.
Furthermore, SB 157 introduces new regulations for compensated sureties, requiring them to submit an application to the chief judge of the judicial district where they operate, along with necessary documentation. The bill mandates a minimum appearance bond premium of 10%, with at least half of this premium collected before posting a bond. It allows the chief judge to conduct criminal history checks for sureties and establishes guidelines for the authorization and oversight of compensated sureties, including the ability to suspend or terminate authorization for specific violations. The bill also requires sureties to complete at least eight hours of continuing education annually and repeals certain existing statutes related to surety operations, thereby modernizing the legal framework in this area.
Statutes affected: As introduced: 22-2807
As Amended by Senate Committee: 22-2807
As Amended by House Committee: 22-2502, 22-4615, 22-2807, 22-2809b