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Bill > SB157
KS SB157
KS SB157Requiring search warrants to be issued only on the statement of facts sufficient to show probable cause made by a law enforcement officer, warrants issued for failure to appear to be provided to a compensated surety, bond forfeiture to be set aside in certain circumstances and remission if the defendant is returned to custody in certain circumstances and prohibiting a compensated surety from making loans for certain portions of the required minimum appearance bond premium.
summary
Introduced
02/03/2025
02/03/2025
In Committee
03/13/2025
03/13/2025
Crossed Over
02/25/2025
02/25/2025
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
AN ACT concerning criminal procedure; relating to search and seizure; requiring the statement of facts sufficient to show probable cause justifying a search warrant to be made by a law enforcement officer; relating to release prior to trial; forfeiture of appearance bonds; requiring warrants for failure to appear to be given to sureties; allowing bond forfeiture to be set aside if in certain circumstances if a surety can show that the defendant left the country was deported from the United States; requiring remission in certain circumstances; prohibiting a compensated surety from making a loan for certain portions of the minimum appearance bond premium required; amending K.S.A. 22-2502 and 22-2807 and K.S.A. 2024 Supp. 22- 2809b and repealing the existing section sections.
AI Summary
This bill modifies several aspects of Kansas criminal procedure, focusing on search warrants, appearance bonds, and bail bond regulations. Specifically, the bill changes the requirements for obtaining search warrants by mandating that only law enforcement officers, rather than any person, can provide sworn statements justifying probable cause. For appearance bonds, the bill requires that warrants for failure to appear must be provided to compensated sureties (bail bond companies) and establishes new criteria for setting aside bond forfeitures. For example, a bond forfeiture can now be set aside if the defendant has been deported from the United States or is incarcerated within the U.S. The bill also introduces new rules for compensated sureties, including requiring a minimum 10% bond premium, restricting how sureties can collect that premium, and mandating eight hours of annual continuing education. Additionally, the bill outlines a graduated remission schedule for bond amounts if a defendant is returned to custody within certain timeframes, allowing sureties to recover portions of their bond (90% if returned within 90 days, 75% if returned within 91-180 days, and 50% if returned within 181-270 days). These changes aim to provide more clarity and fairness in the criminal justice system's bond and warrant processes.
Committee Categories
Justice
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Judiciary (Senate)
Last Action
House Motion to accede adopted; Representative Humphries, Representative Williams, L. and Representative Osman appointed as conferees (on 03/24/2025)
Official Document
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