The bill amends K.S.A. 22-2805 and K.S.A. 60-459, introducing provisions for issuing a show cause notice for unavailable or material witnesses in criminal proceedings and under the Kansas juvenile justice code. It allows courts or magistrates to require witnesses to provide a bond or comply with conditions to ensure their appearance. If a witness fails to comply, they may be committed to custody for a limited time, with provisions for release if their testimony can be secured through deposition. Additionally, the bill mandates the appointment of counsel for witnesses who cannot afford legal representation.

The bill also clarifies the definition of "unavailable as a witness," detailing specific circumstances under which a witness may be considered unavailable, such as privilege, disqualification, illness, or absence. It removes previous language regarding exceptions to unavailability and emphasizes that a witness is not deemed unavailable if their absence is due to the wrongdoing of the party seeking to use their statement. The existing sections of K.S.A. 22-2805 and K.S.A. 60-459 are repealed, and the act will take effect upon publication in the statute book.

Statutes affected:
As introduced: 22-2805, 60-459, 22-4508, 22-4507