The bill amends K.S.A. 22-2805 and K.S.A. 60-459, focusing on the procedures for handling witnesses in criminal proceedings and under the Kansas juvenile justice code. It authorizes the issuance of a show cause notice for unavailable or material witnesses, allowing courts to require witnesses to provide a bond or comply with conditions to ensure their appearance. If a witness fails to comply, the court may commit them to custody, with specific provisions to prevent excessive detention. Additionally, the bill mandates the appointment of counsel for witnesses who cannot afford legal representation, ensuring they receive necessary legal support.
In K.S.A. 60-459, the bill clarifies the definition of "unavailable as a witness," detailing various circumstances under which a witness may be considered unavailable, such as privilege, disqualification, illness, or absence. It also specifies that a witness is not deemed unavailable if their absence is due to the wrongdoing of the party seeking to use their statement. The bill repeals the existing sections of K.S.A. 22-2805 and 60-459, indicating a comprehensive update to the legal framework governing witness procedures in Kansas.
Statutes affected: As introduced: 22-2805, 60-459, 22-4508, 22-4507