12-4301.   Appearance bonds; methods of securingappearance; driver's license as security, penalty.A person having the right to post bond for appearance shall, in order todo so, execute in writing a promise to appear at the municipal court at astated time and place. Such appearance bond shall be in an amount asdetermined by the municipal judge. Unless the judge makes aspecific finding otherwise, every bond for a person charged with an offensethat would be a person offense pursuant to state law shall have a condition ofrelease prohibiting the person from having contact with the alleged victim ofsuchoffense for a period of at least 72 hours. Such bond may be secured by anyone of thefollowing methods, and when so secured, such person shall be released fromcustody.

      The methods of securing the appearance of an accused person are asfollows:

      (a)   Payment of cash, except that the municipal judge may permitnegotiable securities or a personal check in lieu of cash.

      (b)   The execution of an appearance bond by a responsible individualresiding within the state of Kansas, as surety with the approval of themunicipal judge.

      (c)   A guaranteed arrest bond certificate issued by either a suretycompany authorized to transact such business within the state of Kansas, oran automobile club authorized to transact business in this state by thecommissioner of insurance, except that such "guaranteed arrest bondcertificate" must be signed by the person to whom it is issued and mustcontain a printed statement that the surety guarantees the appearance ofsuch person and, in the event of failure of such person to appear in courtat the time of trial, will pay any fine or forfeiture imposed upon suchperson not to exceed an amount to be stated on such certificate.

      (d)   In lieu of giving security in the manner provided by subsections(a), (b) and (c) above, if the arrest is for the violation of a city ordinancerelating to the operation of a motor vehicle the accused person may depositwith the arrestinglaw enforcement officer or the clerk of the municipal court a valid Kansasdriver's license in exchange for a receipttherefor issued by the law enforcement officer or the clerk of themunicipal court, the form of which shall be approved by the division ofvehicles of the state department of revenue. Such receipt shall berecognized as a valid temporary Kansas driver's licenseauthorizing theoperation of a motor vehicle by the accused person to the date of thehearing stated on the receipt. Such driver's license and written copy ofthe noticeto appear shall be delivered by the law enforcement officer to themunicipal court as soon as reasonably possible. If the hearing on any suchcharge is continued for any reason, the municipal judge may note on thereceipt the date to which such hearing has been continued, andsuch receipt shall be recognized as a valid temporary Kansasdriver's license until such date, but in no event shall such receipt berecognized as a valid Kansas driver's license for a periodlonger than30 days from the date for the original hearing. Any person whodeposited a driver's license to securesuch person's appearance, inlieu of giving a bond as provided in subsections (a), (b) and (c) above,shall have such driver's license returned upon the giving of the requiredbondpursuant to (a), (b) and (c) above or upon final determination of thecharge.

      In the event the accused person deposits a valid Kansas driver's license withthe municipal court and failsto appear in court on the date set for appearance, or any continuancethereof, and in any event within 30 days from the date set for theoriginal hearing, the municipal judge shall forward thedriver's licenseof such person to the division of vehicles with an appropriate explanationattached thereto. Upon receipt of the driver's license ofsuch person thedivision of vehicles shall suspend such person's privilege to operate amotor vehicle in this state until such person appears before the municipalcourt,or the municipal court makes a final disposition thereof, and notice ofsuch disposition is given by the municipal court to the division, or for aperiod not exceeding six months from the date such person'sdriver's license is received by the division, whichever is earlier.

      Any person who applies for a replacement or new driver's license prior to thereturn ofsuch person's original license, when such license has been deposited inlieu of the giving of a bond as provided in this section,shall be guilty of amisdemeanor punishable as set forth in K.S.A. 8-2116, and amendmentsthereto.

      History:   L. 1973, ch. 61, § 12-4301;L. 1975, ch. 33, § 4;L. 1982, ch. 81, § 1;L. 1994, ch. 24, § 8;L. 2001, ch. 177, § 1; July 1.