Kansas Statutes
Chapter 22.—CRIMINAL PROCEDURE
Revisor's Note:
This chapter was formerly titled "Decedents' Estates," all sections of articles 1 to 13 of which were repealed in 1939. For later act see chapter 59, Probate Code.
Histories, notes and annotations to sections appearing in Articles 1 to 13 of this chapter which were repealed prior to or at the time of the adoption of the Kansas Probate Code effective July 1, 1939, may be found in Volume 2A of the Kansas Statutes Annotated, dated 1981.
The Judicial Council comments contained in the October, 1969, and December, 1969, Judicial Council Bulletins, as edited by the office of revisor of statutes to reflect subsequent changes, may be found in Volume 2A of the Kansas Statutes Annotated, dated 1988.
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Articles 1 to 13.—REPEALED
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Articles 14 to 20.—RESERVED
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Article 21.—TITLE AND SCOPE
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Article 22.—GENERAL DEFINITIONS
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Article 23.—PRELIMINARY PROCEEDINGS
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Article 24.—ARREST
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Article 25.—SEARCH AND SEIZURE
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22-2501
Repealed.
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22-2502
Search warrants; issuance; proceedings authorized; availability of affidavits and testimony in support of probable cause requirement; use of electronic communications and tracking devices.
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22-2503
Territorial and time limitations on execution of certain search warrants.
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22-2504
Issuance of search warrant.
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22-2505
Persons authorized to execute search warrants.
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22-2506
Execution of search warrants.
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22-2507
Command of search warrant.
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22-2508
Use of force in execution of search warrant.
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22-2509
Detention and search of persons on premises.
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22-2510
When search warrant may be executed.
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22-2511
No warrant quashed for technicality.
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22-2512
Custody and disposition of seized property.
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22-2512a
Repealed.
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22-2513
Repealed.
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22-2514
Authorized interception of wire, oral or electronic communications; definitions.
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22-2515
Authorized interception of wire, oral or electronic communications; order; application; crimes for which order may be issued; disclosure and use of contents of wire, oral or electronic communications; effect on privileged communications.
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22-2516
Same; application for order, form and contents; issuance of order; contents; duration; extension; recordation of intercepted communications; custody of application and order, disclosure; inventory, notice to certain persons; evidentiary status of intercepted communications; motion to suppress, appeal.
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22-2517
Unlawful interception of wire or oral communication; evidentiary status of contents.
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22-2518
Same; civil action for damages; defense available in civil and criminal actions.
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22-2519
Reports by judges and prosecutors to administrative office of federal courts.
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22-2520
Definitions.
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22-2521
Limitations on strip searches; probable cause requirement; report.
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22-2522
Body cavity searches; warrant; limitations.
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22-2523
Liability for unlawful search.
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22-2524
Prison and jail inmates, exceptions.
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22-2525
Authorized installation or use; order required, exception.
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22-2526
Order, contents.
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22-2527
Issuance of order; specifications required; duration; extensions; disclosure.
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22-2528
Responsibilities of and assistance to authorities by provider, landlord, custodian or other person; compensation; immunity.
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22-2529
Definitions.
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22-2530
Copy of search warrant to property owner.
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Article 26.—JURISDICTION AND VENUE
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Article 27.—UNIFORM CRIMINAL EXTRADITION ACT
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Article 28.—CONDITIONS OF RELEASE
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Article 29.—PROCEDURE AFTER ARREST
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Article 30.—GRAND JURIES
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Article 31.—INQUISITIONS IN CRIMINAL CASES
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Article 32.—PROCEEDINGS BEFORE TRIAL
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Article 33.—COMPETENCY OF DEFENDANT TO STAND TRIAL
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Article 34.—TRIALS AND INCIDENTS THERETO
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22-3401
Time of trial.
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22-3402
Discharge of persons not brought promptly to trial; discharge deadlines; delays, requests and charging of time; suspension of deadlines until March 1, 2024; guidelines for prioritizing trials; office of judicial administration report to legislature; retroactive application of certain amendments.
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22-3403
Method of trial of felony cases.
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22-3404
Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial.
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22-3405
Presence of defendant.
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22-3406
Time to prepare for trial.
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22-3407
Motion to discharge jury panel.
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22-3408
Trial jurors.
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22-3409
Summoning jurors in misdemeanor case.
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22-3410
Challenges for cause.
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22-3411
Repealed.
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22-3411a
Felony trials; number of jurors.
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22-3412
Jury selection; peremptory challenges; swearing of jury; alternate or additional jurors.
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22-3413
Juror's knowledge of material fact.
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22-3414
Order of trial.
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22-3415
Laws applicable to witnesses; immunity from prosecution or punishment.
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22-3416
Prisoner as witness.
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22-3417
Objections to rulings.
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22-3418
View of place of crime.
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22-3419
Motion for judgment of acquittal.
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22-3420
Conduct of jury after submission.
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22-3421
Verdict, procedure.
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22-3422
Allocution.
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22-3423
Mistrials.
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22-3424
Judgment and sentence; restitution; duties of court.
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22-3425
Commitment for failure to pay fine and costs.
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22-3426
Record of judgment; form and content of journal entry.
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22-3426a
Revocation of probation; form and content of journal entry.
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22-3427
Execution of sentence.
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22-3428
Persons found not guilty by jury by reason of mental disease or defect; commitment to state security hospital or an appropriate secure facility; determination of whether person is a mentally ill person, notice and hearing; procedure for transfer, release or discharge, standards, notice and hearing; victim notification.
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22-3428a
Same; annual hearing on continued commitment; procedure, notice and standards; victim notification.
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22-3428b
Same; violation of conditions of release; return to custody.
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22-3428c
Repealed.
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22-3428d
Repealed.
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22-3429
Mental examination, evaluation and report after conviction and prior to sentence; limit on commitment.
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22-3430
Commitment to certain institutions as a result of a K.S.A. 22-3429 examination, when; standards; costs; appeal by defendant; victim notification.
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22-3431
Commitment to certain institutions as a result of mental examination and report after conviction and prior to sentence; disposition upon completion of treatment; notice and hearing; victim notification.
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22-3432
Information for secretary of corrections concerning person convicted.
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22-3433
Repealed.
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22-3434
Videotape of testimony of child victim admissible in certain cases; limitations; standard of proof; objections, restrictions.
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22-3435
Severability.
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22-3436
Prosecuting attorney; information to victims; right to be present at certain hearings.
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22-3437
Forensic examinations; admissibility; certification; notices of proffer and objection to admission; use of interactive video testimony.
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22-3437a
Repealed.
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22-3437b
Repealed.
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22-3438
Severability.
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22-3439
Felony convictions; information and forms to be forwarded to Kansas sentencing commission and Kansas bureau of investigation.
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22-3440
Contact with jurors; discussion of deliberations or verdict following discharge; violations, contempt.
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Article 35.—POST-TRIAL MOTIONS
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Article 36.—APPEALS
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Article 37.—RELEASE PROCEDURES
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22-3701
Pardons and commutations; duties of prisoner review board; notification to victims.
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22-3702
Form of pardon.
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22-3703
Report of pardons to legislature.
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22-3704
Reprieves in capital cases.
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22-3705
Commutation of sentence, reduction of penalty; restrictions.
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22-3706
Person acting as agent or representative of individual seeking release; contingent fee prohibited; statement and affidavit.
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22-3707
Repealed.
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22-3707a
Repealed.
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22-3708
Repealed.
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22-3709
Officers of board; panels authorized; vote required to parole certain inmates.
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22-3710
Kansas prisoner review board; seal, orders, records, reports.
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22-3711
Certain records privileged.
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22-3712
Placement in diagnostic or treatment facility as condition of release.
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22-3713
Prisoner review board; hearings; personnel and accounting services.
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22-3714, 22-3715
Repealed.
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22-3716
Arrest for violating condition of probation, assignment to community corrections, suspension of sentence or nonprison sanction, procedure; time limitation on issuing warrant; limitations on serving sentence in department of corrections' facility or serving period of postrelease supervision, exceptions.
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22-3716a
Repealed.
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22-3717
Parole or postrelease supervision; eligibility; interviews, notices and hearings; rules and regulations; conditions of parole or postrelease supervision.
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22-3717a
Repealed.
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22-3717b
Repealed.
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22-3717c
Repealed.
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22-3718
Conditional release; notice.
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22-3719
Information from correctional institution officials.
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22-3720
Subpoena power.
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22-3721
Repealed.
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22-3722
Service on parole, conditional release and postrelease supervision; discharge; restoration of civil rights.
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22-3723
Transfer of offenders under treaties.
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22-3724
Repealed.
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22-3725
Good time credits, crimes committed prior to July 1, 1993.
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22-3726
Supervised furlough; crimes committed prior to July 1, 1993.
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22-3727
Secretary of corrections; notification to victims prior to release of certain inmates.
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22-3727a
County or district attorney; notification to victims of the escape or death of certain committed defendants or inmates.
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22-3728
Functional incapacitation release; procedures; notice; conditions; supervision upon release.
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22-3729
Terminal medical release; procedures; notice; conditions; revocation; supervision upon release.
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22-3730
Community parenting release; duties and authority of secretary of corrections.
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Article 38.—COSTS IN CRIMINAL CASES
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Article 39.—ABATEMENT OF COMMON NUISANCES
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Article 40.—EXECUTION OF DEATH SENTENCES
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Article 41.—PAROLE VIOLATIONS
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Article 42.—OUT-OF-STATE WITNESSES
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Article 43.—UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT
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Article 44.—AGREEMENT ON DETAINERS
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Article 45.—AID TO INDIGENT DEFENDANTS
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22-4501
Panel of attorneys for indigents' defense services; eligibility; amendment, review and approval; appointments to aid defendants, method.
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22-4502
Procedure to obtain services for representation before appearance.
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22-4503
Entitlement of defendant to counsel; appointment of counsel, when; access to defendant; duty of appointed counsel.
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22-4504
Same; determination of indigency; partial indigency, effect; disposition of payments for appointed counsel services; no fee for electronic access to court records.
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22-4505
Appeals; record; capital murder cases; appointment of counsel; assignment, standards and compensation.
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22-4506
Persons in custody after felony conviction; habeas corpus or K.S.A. 60-1507 motions; capital murder cases; appointment of counsel; assignment, standards and compensation; no fee for electronic access to court records.
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22-4507
Compensation and reimbursement of expenses for services to indigents; procedures for payment; exemption from fees for electronic access to court records.
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22-4508
Investigative, expert and other services; ex parte proceedings; compensation; claim, approval, payment.
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22-4509
Transcripts.
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22-4510
Reimbursement of state treasury; payment under act exclusive.
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22-4511
Termination of appointment or reimbursement after appointment of counsel, when; counsel after proceedings begun; substitutions.
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22-4512
Transfer of funds to general fund; liabilities imposed on state board; special funds abolished.
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22-4512a
Duties of court appointing counsel or authorizing expenditures to be charged against fund.
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22-4513
Liability of defendant for expenditures by state board; judgment; determination of amount and method of payment; liability of others for expenditures.
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22-4514
Repealed.
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22-4514a
Domestic nonprofit corporations providing legal services to indigent inmates; submission of budget to state board; payments to corporation; annual statement of expenditures.
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22-4515
Severability of act.
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22-4516
Reserved.
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22-4517
Repealed.
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22-4517a
Repealed.
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22-4518
Applicability of laws relating to aid to indigent defendants.
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22-4519
Appointment and terms; qualifications.
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22-4520
Prohibition on interfering with professional duties of counsel.
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22-4521
Meetings; officers; quorum; compensation and allowances.
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22-4522
Powers and duties.
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22-4523
Additional powers.
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22-4524
State director of indigents' defense services; civil service status of director and other officers and employees.
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22-4525
Duties of state director.
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22-4526
Disposition of moneys received under contracts with cities and counties.
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22-4527
Abolition of board of supervisors of panels to aid indigent defendants; transfer of officers and employees, rules and regulations, directives and standards, and records and property to new board; existing defense services systems continued subject to change.
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22-4528
Citation of act.
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22-4529
Entitlement of defendant to counsel; application fee; disposition of moneys.
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22-4530 through 22-4535
Reserved.
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22-4536
Revisor's Note
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Article 46.—GENERAL PROVISIONS
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22-4601
Repealed.
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22-4602
Effect on pending actions.
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22-4603
Employment of county and city prisoners.
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22-4604
Repealed.
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22-4605
Release from custody; query criminal databases.
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22-4606
Racial and other profiling; definitions.
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22-4607
Expired.
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22-4608
Repealed.
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22-4609
Profiling prohibited as basis for making stop, search or arrest.
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22-4610
Law enforcement policies preempting profiling, requirements; annual training required; community advisory boards; annual reports of complaints.
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22-4611
Complaints, office of attorney general, procedure; civil action.
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22-4611a
Cities, counties, comprehensive plans; contents; data collection.
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22-4611b
Community advisory boards; establishment, cities, counties.
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22-4612
Payment rate county, city or law enforcement agency liable to pay health care provider for person in custody; exceptions.
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22-4613
Prohibition against releasing person from custody to avoid cost of medical treatment; court order.
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22-4614
Alleged victims of certain offenses, polygraph examination prohibited.
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22-4615
Call location information of telecommunications device in emergency situation; telecommunications carriers; Kansas bureau of investigation database, law enforcement agency access.
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22-4616
Domestic violence offenses; designation; special sentencing provision.
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22-4617
Designation as domestic violence offense case number.
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22-4618
Reporting of sexually violent crimes and pornographic materials.
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22-4619
Eyewitness procedures; law enforcement policies, requirements; available to public.
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22-4620
Electronic recording of certain felony custodial interrogations; law enforcement policies, requirements; available to public.
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22-4621
Submission of sexual assault kits for testing; law enforcement policies, requirements; available for public inspection.
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Article 47.—CRIMINAL HISTORY RECORD INFORMATION
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Article 48.—FORFEITURE
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Article 49.—OFFENDER REGISTRATION
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Article 50.—NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
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Article 51.—CRIMINAL JUSTICE RECODIFICATION, REHABILITATION AND RESTORATION PROJECT. (Not in active use)