The bill amends K.S.A. 22-2807 concerning the procedures for handling appearance bonds when a defendant fails to appear in court. It establishes that if a defendant does not appear as required, the court must declare a forfeiture of the bail and issue a warrant for the defendant's arrest. The bill removes the requirement for the sheriff to notify the court if the warrant is not entered into the national crime information center's index. Additionally, it allows for the forfeiture to be set aside if the surety can demonstrate that the defendant has left the country or is incarcerated in the U.S. before a judgment of default is made.
Furthermore, the bill specifies that the court must set aside a forfeiture if certain conditions are met, such as the failure to issue a warrant within 14 days of the forfeiture or if the prosecuting attorney declines to extradite a defendant arrested outside the state. It also outlines the process for entering a judgment of default and the conditions under which the court may remit the judgment. The existing section of K.S.A. 22-2807 is repealed, and the new provisions will take effect upon publication in the statute book.
Statutes affected: As introduced: 22-2807