All sources · 45,420 documents · Table of contents · Criminal Procedure · Chapter 22 — Criminal Procedure
Kansas
Chapter 22 — Criminal Procedure
468 entries
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22-2101. Title.
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22-2102. Scope.
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22-2103. Purpose and construction.
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22-2104. Prosecutions in the name of state.
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22-2201. Interpretation of words and phrases.
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22-2202. General definitions.
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22-2301. Commencement of prosecution.
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22-2302. Issuance of warrant or summons; availability of affidavits and testimony in support of prob…
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22-2303. Prosecution begun by filing indictment or information; issuance of warrant; summons.
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22-2304. Form of warrant or summons.
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22-2305. Execution or service and return of warrant or summons.
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22-2306. Defective warrant.
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22-2307. Domestic violence calls; written policies to be adopted by law enforcement agencies; contents.
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22-2308. Same; liability.
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22-2309. Prosecution of crimes related to domestic violence; written policies adopted by prosecuting attorneys; contents.
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22-2310. Stalking allegations; written policies to be adopted by law enforcement agencies; contents; liability.
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22-2311. Prosecution of crimes relating to stalking; written policies to be adopted by prosecuting attorneys; contents.
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22-2312. Law enforcement officers to not place persons in custody in certain circumstances; immunity…
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22-2401. Arrest by law enforcement officer.
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22-2401a.
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22-2402. Stopping of suspect.
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22-2403. Arrest by private person.
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22-2404. Arrest by law enforcement officer from another jurisdiction.
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22-2405. Method of arrest.
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22-2406. Release by officer of person arrested.
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22-2407. Assisting law enforcement officer.
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22-2408. Notice to appear.
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22-2409. Crimes committed by corporations.
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22-2410. Expungement of arrest records; docket fee; disclosure limited upon filing of petition.
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22-2410a.
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22-2411. Arrest powers of federal law enforcement officers.
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22-2501.
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22-2502. Search warrants; issuance; proceedings authorized; availability of affidavits and testimony…
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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.
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22-2513.
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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; cri…
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22-2516. Same; application for order, form and contents; issuance of order; contents; duration; exte…
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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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22-2601. Jurisdiction.
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22-2602. Place of trial.
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22-2603. Crime committed in more than one county.
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22-2604. Crime committed on or near county boundary.
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22-2605. Waters constituting county boundaries.
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22-2606. Waters constituting state boundaries.
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22-2607. Assisting another to commit crime or avoid prosecution.
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22-2608. Crimes committed while in transit.
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22-2609. Property taken in one county and brought into another.
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22-2610. Property taken in other state and brought into this state.
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22-2611. Death and cause of death in different places.
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22-2612. Crime commenced outside the state or by agent.
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22-2613. Bigamy.
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22-2614. Kidnapping.
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22-2615. Failure to appear.
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22-2616. Change of venue.
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22-2617. Notice of transfer.
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22-2618. Time of motion.
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22-2619. Crime committed with an electronic device; venue.
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22-2701. Definitions.
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22-2702. Fugitives from justice; duty of governor.
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22-2703. Form of demand.
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22-2704. Governor may investigate case.
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22-2705. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
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22-2706. Persons not present in the demanding state at time of commission of crime.
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22-2707. Issue of governor's warrant of arrest; recitals.
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22-2708. Manner and place of execution.
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22-2709. Authority of arresting officer.
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22-2710. Rights of accused person; application for writ of habeas corpus; notice.
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22-2711. Delivery of person in disobedience of K.S.A.
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22-2712. Confinement in jail when necessary.
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22-2713. Arrest prior to requisition; prisoners in federal facilities, waiver of requirements for extradition.
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22-2714. Arrest without a warrant.
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22-2715. Commitment to await requisition; bail.
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22-2716. Bail; in what cases; conditions of bond.
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22-2717. Extension of time of commitment; adjournment.
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22-2718. Forfeiture of bail.
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22-2719. Persons under criminal prosecution in this state at time of requisition.
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22-2720. Guilt or innocence of accused; when inquired into.
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22-2721. Governor may recall warrant or issue alias.
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22-2722. Fugitives from this state; duty of governor.
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22-2723. Application for issuance of requisition; by whom made; contents.
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22-2724. Costs and expenses.
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22-2725. Immunity from service of process in civil actions.
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22-2726. Written waiver of extradition proceeding; duty of judge.
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22-2727. Nonwaiver by this state.
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22-2728. No right of asylum; no immunity from other criminal prosecutions while in this state.
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22-2729. Uniformity of interpretation.
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22-2730. Invalidity of part.
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22-2801. Declaration of purpose.
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22-2802. Release prior to trial; conditions of release; appearance bond, cash bond or personal recog…
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22-2802a.
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22-2802b.
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22-2802c.
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22-2803. Review of conditions of release; application for modification of conditions of release.
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22-2804. Release after conviction.
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22-2805. Material witness; appearance bond; custody; release, when required; appointed counsel and other services for indigent.
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22-2806. Justification and approval of sureties.
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22-2807. Forfeiture of appearance bonds; warrant for arrest; forfeiture set aside; procedure after entry of judgement.
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22-2807a.
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22-2808. Exoneration.
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22-2809. Surrender of obligor by surety; release of surety.
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22-2809a. Surety or agent thereof; felons disqualified to act as; notice of intent to apprehend fugitive; violations, penalties.
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22-2809b.
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22-2810 through 22-2813.
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22-2814. Release on recognizance and supervised release.
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22-2815. Release on recognizance; procedures; criteria.
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22-2816. Supervised release; eligibility; agreement; elements of program.
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22-2817. Release on recognizance and supervised release; powers of court.
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22-2818. Traffic violations; failure to appear, service of warrant and collection of bond.
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22-2901. Appearance before the magistrate.
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22-2902. Preliminary examination.
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22-2902a. Preliminary examination; admissibility of report of forensic examiner.
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22-2902b.
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22-2902c. Preliminary examination; admissability of field test of alleged controlled substances; rules and regulations by Kansas bureau of investigation.
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22-2902d. Preliminary examination; admissibility of certain scrap metal dealer records.
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22-2903. Exclusion and separation of witnesses.
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22-2904. Testimony reduced to writing.
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22-2905. Proceedings after the preliminary examination.
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22-2906. Definitions.
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22-2907. Diversion agreements authorized; policies and guidelines by district attorney; background i…
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22-2908. Grant of diversion; factors to consider; when prohibited.
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22-2908a.
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22-2909. Diversion agreements; provisions; waiver of certain rights; stipulation of facts; stay of c…
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22-2909a.
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22-2909b.
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22-2909c.
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22-2910. Conditioning diversion on plea prohibited; inadmissibility of agreement; other matters.
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22-2911. Failure to fulfill diversion agreement; satisfactory fulfillment; records.
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22-2912. District court rules for diversion procedures; K.S.A.
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22-2913.
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22-2914. Preliminary examination; certain business records.
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22-3001. Grand juries; summoning; petition; jury instructions; membership; quorum.
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22-3002. Objections; second drawing.
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22-3003. Oaths of jurors.
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22-3004. Presiding juror and deputy presiding juror.
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22-3005. Charge by the court.
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22-3006. Compensation; recording methods; employees.
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22-3007. Duty of prosecuting attorney.
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22-3008. Witnesses; immunity.
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22-3009. Counsel for witness.
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22-3010. Who may be present.
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22-3011. Indictment, procedure; request that attorney general prosecute.
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22-3012. Secrecy of proceedings and disclosure.
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22-3013. Discharge and excuse.
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22-3014. Witness fees.
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22-3015. Amendment of indictment.
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22-3016. Removal of judge.
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22-3101. Inquisitions; witnesses.
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22-3102. Privilege against self-incrimination; grants of immunity.
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22-3103. Use of testimony.
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22-3104. Counsel for witness.
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22-3105. Witness fees.
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22-3201. Complaint; information or indictment; required contents; amendment; bill of particulars; identification of certain witnesses.
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22-3202. Joinder of charges and defendants.
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22-3203. Consolidation for trial of separate indictments or informations.
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22-3204. Joinder of defendants; separate trials.
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22-3205. Arraignment.
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22-3206. Time of arraignment.
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22-3207. Misnomer.
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22-3208. Pleadings and motions.
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22-3209. Pleas; effect.
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22-3210. Plea of guilty or nolo contendere; time limitation.
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22-3211. Depositions.
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22-3212. Discovery and inspection.
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22-3212a.
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22-3212b.
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22-3213. Demands for production of statements and reports of witnesses.
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22-3214. Subpoenas.
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22-3215. Motion to suppress confession or admission.
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22-3216. Motion to suppress illegally seized evidence.
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22-3217. Pretrial conference.
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22-3218. Plea of alibi; notice.
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22-3219. Notice and procedure; mental examination.
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22-3220.
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22-3221. Special jury question.
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22-3222. Mental examination, commitment to certain institutions.
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22-3301. Definitions.
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22-3302. Proceedings to determine competency.
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22-3302a.
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22-3303. Commitment of incompetent defendant; limitation; civil commitment proceedings; regained com…
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22-3304.
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22-3305. Procedure when defendant not civilly committed or to be discharged; order of discharge; req…
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22-3305a.
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22-3306. Task force to study programs for alleged offenders with disabilities who are potentially incompetent to stand trial and make recommendations.
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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 a…
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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.
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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…
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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.
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22-3428d.
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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.
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22-3431. Commitment to certain institutions as a result of mental examination and report after convi…
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22-3432. Information for secretary of corrections concerning person convicted.
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22-3433.
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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.
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22-3437b.
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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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22-3501. New trial.
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22-3502. Arrest of judgment.
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22-3503. Arrest of judgment without motion.
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22-3504. Correction of sentence.
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22-3601. Appellate jurisdiction of court of appeals and supreme court in criminal cases.
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22-3602. Appeals by defendant, when; appeals by prosecution; transfers to supreme court.
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22-3603. Interlocutory appeals by the state.
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22-3604. Release of defendant pending appeal by prosecution.
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22-3605. Decision and disposition of case on appeal; stay of mandate.
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22-3606. Procedure on appeal.
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22-3607. Disposition of defendant when judgment reversed on appeal.
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22-3608. Time for appeal from judgment of district court.
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22-3609. Appeals from municipal courts.
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22-3609a. Appeals from district magistrate judges not regularly admitted to practice law.
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22-3610. Hearing on appeal; exception.
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22-3611. Judgment on appeal.
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22-3612. Criminal appeals from district court; attorney general to invoke county or district attorney's assistance; costs; criminal appeals cost fund.
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22-3613. Writ of habeas corpus relief granted; appeal by prosecution; stay of underlying criminal case.
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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.
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22-3707a.
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22-3708.
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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.
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22-3716. Arrest for violating condition of probation, assignment to community corrections, suspensio…
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22-3716a.
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22-3717. Parole or postrelease supervision; eligibility; interviews, notices and hearings; rules and…
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22-3717a.
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22-3717b.
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22-3717c.
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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.
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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.
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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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22-3801. Liability for costs.
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22-3802. When costs taxed to complaining witness.
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22-3803. Taxation of costs.
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22-3804.
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22-3805. Commitment to mental institutions; costs.
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22-3901. Common nuisances; scope.
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22-3902. Procedure.
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22-3903. Proceedings in rem.
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22-3904. Judgment.
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22-3905. Maintenance of a common nuisance.
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22-4001. Death penalty, how executed.
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22-4002. Where death penalty inflicted.
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22-4003. Witnesses of executions.
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22-4004. Military force, when to attend.
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22-4005. Return of proceedings by secretary of corrections.
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22-4006. Procedure to determine sanity of convict.
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22-4007, 22-4008.
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22-4009. Procedure when convict appears to be pregnant.
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22-4010.
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22-4011. Escape of convict; procedure.
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22-4012. Death order.
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22-4013. Execution of death sentence.
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22-4014. When death sentence executed after suspension.
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22-4015.
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22-4016. Severability.
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22-4101.
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22-4102, 22-4103.
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22-4104. Deputization of employees of other state to return violators.
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22-4105. Written deputization; evidence of.
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22-4106. Agreements with officials of other states authorized.
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22-4107 through 22-4109.
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22-4110. Interstate compact for adult offender supervision.
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22-4111. Kansas council for interstate adult offender supervision; membership; meetings; responsibilities; compensation.
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22-4201. Definitions.
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22-4202. Summoning witness in this state to testify in another state.
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22-4203. Out-of-state witnesses; fees and mileage.
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22-4204. Exemption from arrest and service of process.
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22-4205. Uniformity of interpretation.
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22-4206. Invalidity of part.
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22-4207. Definitions.
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22-4208. Summoning confined witness in this state to appear in another state; court order.
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22-4209. Terms and conditions of order.
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22-4210. Summoning person confined in another state; certification; notice to attorney general; exceptions to act.
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22-4211. Order of compliance by judge in this state.
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22-4212. Immunity of witness from arrest or service of process in this state for prior act.
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22-4213. Construction of act.
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22-4214. Citation of act.
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22-4215. Severability.
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22-4301. Request for final disposition of detainer by prisoners; duties of official custodian; dismissal, when.
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22-4302. Delivery of request to custodian; officials' duties.
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22-4303. Trial within 180 days after receipt of request and certification, exceptions; dismissal, when.
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22-4304. Escape of inmate voids request, when.
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22-4305. Article inapplicable to adjudged mentally ill or incapacitated persons.
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22-4306. Inmates to be informed of provisions of this article; recordation.
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22-4307.
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22-4308. Citation of article.
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22-4401. Agreement on detainers; contents.
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22-4402. Appropriate court defined.
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22-4403. Enforcement and cooperation.
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22-4404. Application of habitual act.
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22-4405. Escape from custody; felony; penalty.
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22-4406. Delivery of person under terms of agreement.
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22-4407. Central administrator.
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22-4408. Transmittal of act to authorities of other states.
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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 ap…
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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.
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22-4507. Compensation and reimbursement of expenses for services to indigents; procedures for paymen…
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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.
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22-4514a.
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22-4515. Severability of act.
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22-4516. Reserved.
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22-4517.
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22-4517a.
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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 officer…
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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.
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22-4536.
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22-4601.
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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.
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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.
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22-4608.
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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; telecommunic…
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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.
§
22-4701. Definitions.
§
22-4702, 22-4703.
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22-4704. Criminal history record information; rules and regulations.
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22-4705. Establishment of criminal justice information system central repository; reportable events; reporting, sharing and authorization of information; fees.
§
22-4705a.
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22-4706. Agreements between central repository and criminal justice agencies.
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22-4707. Restrictions on dissemination of criminal history record information; penalties.
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22-4708. Disclosure of status of pending investigations and proceedings.
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22-4709. Inspection of record information on individuals.
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22-4710. Unlawful for employers to require certain acts; exceptions; penalties.
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22-4711. Prior record information; rights and duties.
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22-4712.
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22-4713. Criminal justice employment, fingerprinting; use and disclosure of criminal history record …
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22-4714. Employment with governmental agency other than criminal justice agency; use of fingerprints…
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22-4715. Name-based criminal history record check by governmental agency other than criminal justice…
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22-4801 through 22-4806.
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22-4807.
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22-4807a. Forfeiture of property used in theft of livestock.
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22-4808 through 22-4812.
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22-4901. Citation of act.
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22-4902. Definitions.
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22-4902a.
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22-4902b.
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22-4903. Violation of act; aggravated violation; penalties; new and separate offense; prosecution, venue.
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22-4903a.
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22-4904. Registration of offender; duties of court, correctional facility, treatment facility, regis…
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22-4905. Duties of offender required to register; reporting; updated photograph; fee; driver's license; identification card.
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22-4906. Duration and termination of registration requirement.
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22-4906a.
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22-4906b.
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22-4907. Information required in registration.
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22-4908. Petition for relief from registration; procedure; elements of proof; expungement.
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22-4909. Information subject to open records act; website posting; exceptions; nondisclosure of certain information.
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22-4910. Effective date of act.
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22-4911. No cause of action created against employee related to registration requirements.
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22-4912.
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22-4913. Offender residency restrictions; prohibition from adopting or enforcing; exceptions; definitions.
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22-5001. National crime prevention and privacy compact; contents.
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22-5101.