The bill amends Kansas law regarding criminal procedure, particularly focusing on search and seizure protocols and the management of appearance bonds. It establishes that search warrants can only be issued based on a law enforcement officer's sworn statement demonstrating probable cause. Additionally, it requires that warrants for failure to appear be provided to sureties and allows for bond forfeiture to be set aside under specific conditions, such as if a surety can prove the defendant was deported. The bill also prohibits compensated sureties from making loans for certain portions of the minimum appearance bond premium, thereby enhancing the integrity of the criminal justice process.
Moreover, the bill introduces new regulations for compensated sureties, defining "appearance bond premium" and mandating that sureties submit applications to the chief judge of the judicial district where they operate. The application must include identification, proof of residency, and compliance with continuing education requirements. It sets a minimum appearance bond premium of 10% and requires the surety to be present when the bond is posted. The bill also allows for criminal history checks for compensated sureties and grants the chief judge the authority to terminate or suspend a surety's authorization for various violations. Continuing education is emphasized, with a requirement of at least eight hours of credits annually. The act will take effect upon publication in the statute book, and certain existing statutes will be repealed as part of this update.
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