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 revised Kansas juvenile justice code. It allows the court or magistrate to require a witness 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 specific provisions for their release if their testimony can be secured through deposition. Additionally, the court is mandated to appoint counsel for witnesses who cannot afford legal representation.

The bill also 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 removes previous language regarding exceptions to unavailability and specifies that a witness is not considered unavailable if their absence is due to the wrongdoing of the proponent of 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 The existing sections of K.S.A. 22-2805 and K.S.A. 60-459 are repealed, and the act will take effect upon publication in the statute book.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