Article 43.--CODE FOR MUNICIPAL COURTS; APPEARANCE AND CONDITIONS OF RELEASE
12-4301.Appearance bonds; methods of securing
appearance; driver's license as security, penalty.
A person having the right to post bond for appearance shall, in order to
do so, execute in writing a promise to appear at the municipal court at a
stated time and place. Such appearance bond shall be in an amount as
determined by the municipal judge. Unless the judge makes a
specific finding otherwise, every bond for a person charged with an offense
that would be a person offense pursuant to state law shall have a condition of
release prohibiting the person from having contact with the alleged victim of
such
offense for a period of at least 72 hours. Such bond may be secured by any
one of the
following methods, and when so secured, such person shall be released from
custody.
The methods of securing the appearance of an accused person are as
follows:
(a) Payment of cash, except that the municipal judge may permit
negotiable securities or a personal check in lieu of cash.
(b) The execution of an appearance bond by a responsible individual
residing within the state of Kansas, as surety with the approval of the
municipal judge.
(c) A guaranteed arrest bond certificate issued by either a surety
company authorized to transact such business within the state of Kansas, or
an automobile club authorized to transact business in this state by the
commissioner of insurance, except that such "guaranteed arrest bond
certificate" must be signed by the person to whom it is issued and must
contain a printed statement that the surety guarantees the appearance of
such person and, in the event of failure of such person to appear in court
at the time of trial, will pay any fine or forfeiture imposed upon such
person 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 ordinance
relating to the operation of a motor vehicle the accused person may deposit
with the arresting
law enforcement officer or the clerk of the municipal court a valid Kansas
driver's license in exchange for a receipt
therefor issued by the law enforcement officer or the clerk of the
municipal court, the form of which shall be approved by the division of
vehicles of the state department of revenue. Such receipt shall be
recognized as a valid temporary Kansas driver's license
authorizing the
operation of a motor vehicle by the accused person to the date of the
hearing stated on the receipt. Such driver's license and written copy of
the notice
to appear shall be delivered by the law enforcement officer to the
municipal court as soon as reasonably possible. If the hearing on any such
charge is continued for any reason, the municipal judge may note on the
receipt the date to which such hearing has been continued, and
such receipt shall be recognized as a valid temporary Kansas
driver's license until such date, but in no event shall such receipt be
recognized as a valid Kansas driver's license for a period
longer than
30 days from the date for the original hearing. Any person who
deposited a driver's license to secure
such person's appearance, in
lieu 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 required
bond
pursuant to (a), (b) and (c) above or upon final determination of the
charge.
In the event the accused person deposits a valid Kansas driver's license with
the municipal court and fails
to appear in court on the date set for appearance, or any continuance
thereof, and in any event within 30 days from the date set for the
original hearing, the municipal judge shall forward the
driver's license
of such person to the division of vehicles with an appropriate explanation
attached thereto. Upon receipt of the driver's license of
such person the
division of vehicles shall suspend such person's privilege to operate a
motor vehicle in this state until such person appears before the municipal
court,
or the municipal court makes a final disposition thereof, and notice of
such disposition is given by the municipal court to the division, or for a
period not exceeding six months from the date such person's
driver's license is received by the division, whichever is earlier.
Any person who applies for a replacement or new driver's license prior to the
return of
such person's original license, when such license has been deposited in
lieu of the giving of a bond as provided in this section,
shall be guilty of a
misdemeanor punishable as set forth in K.S.A. 8-2116, and amendments
thereto.
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.
Article 43.--CODE FOR MUNICIPAL COURTS; APPEARANCE AND CONDITIONS OF RELEASE
12-4301.Appearance bonds; methods of securing
appearance; driver's license as security, penalty.
A person having the right to post bond for appearance shall, in order to
do so, execute in writing a promise to appear at the municipal court at a
stated time and place. Such appearance bond shall be in an amount as
determined by the municipal judge. Unless the judge makes a
specific finding otherwise, every bond for a person charged with an offense
that would be a person offense pursuant to state law shall have a condition of
release prohibiting the person from having contact with the alleged victim of
such
offense for a period of at least 72 hours. Such bond may be secured by any
one of the
following methods, and when so secured, such person shall be released from
custody.
The methods of securing the appearance of an accused person are as
follows:
(a) Payment of cash, except that the municipal judge may permit
negotiable securities or a personal check in lieu of cash.
(b) The execution of an appearance bond by a responsible individual
residing within the state of Kansas, as surety with the approval of the
municipal judge.
(c) A guaranteed arrest bond certificate issued by either a surety
company authorized to transact such business within the state of Kansas, or
an automobile club authorized to transact business in this state by the
commissioner of insurance, except that such "guaranteed arrest bond
certificate" must be signed by the person to whom it is issued and must
contain a printed statement that the surety guarantees the appearance of
such person and, in the event of failure of such person to appear in court
at the time of trial, will pay any fine or forfeiture imposed upon such
person 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 ordinance
relating to the operation of a motor vehicle the accused person may deposit
with the arresting
law enforcement officer or the clerk of the municipal court a valid Kansas
driver's license in exchange for a receipt
therefor issued by the law enforcement officer or the clerk of the
municipal court, the form of which shall be approved by the division of
vehicles of the state department of revenue. Such receipt shall be
recognized as a valid temporary Kansas driver's license
authorizing the
operation of a motor vehicle by the accused person to the date of the
hearing stated on the receipt. Such driver's license and written copy of
the notice
to appear shall be delivered by the law enforcement officer to the
municipal court as soon as reasonably possible. If the hearing on any such
charge is continued for any reason, the municipal judge may note on the
receipt the date to which such hearing has been continued, and
such receipt shall be recognized as a valid temporary Kansas
driver's license until such date, but in no event shall such receipt be
recognized as a valid Kansas driver's license for a period
longer than
30 days from the date for the original hearing. Any person who
deposited a driver's license to secure
such person's appearance, in
lieu 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 required
bond
pursuant to (a), (b) and (c) above or upon final determination of the
charge.
In the event the accused person deposits a valid Kansas driver's license with
the municipal court and fails
to appear in court on the date set for appearance, or any continuance
thereof, and in any event within 30 days from the date set for the
original hearing, the municipal judge shall forward the
driver's license
of such person to the division of vehicles with an appropriate explanation
attached thereto. Upon receipt of the driver's license of
such person the
division of vehicles shall suspend such person's privilege to operate a
motor vehicle in this state until such person appears before the municipal
court,
or the municipal court makes a final disposition thereof, and notice of
such disposition is given by the municipal court to the division, or for a
period not exceeding six months from the date such person's
driver's license is received by the division, whichever is earlier.
Any person who applies for a replacement or new driver's license prior to the
return of
such person's original license, when such license has been deposited in
lieu of the giving of a bond as provided in this section,
shall be guilty of a
misdemeanor punishable as set forth in K.S.A. 8-2116, and amendments
thereto.
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.
Article 43.--CODE FOR MUNICIPAL COURTS; APPEARANCE AND CONDITIONS OF RELEASE
12-4301.Appearance bonds; methods of securing
appearance; driver's license as security, penalty.
A person having the right to post bond for appearance shall, in order to
do so, execute in writing a promise to appear at the municipal court at a
stated time and place. Such appearance bond shall be in an amount as
determined by the municipal judge. Unless the judge makes a
specific finding otherwise, every bond for a person charged with an offense
that would be a person offense pursuant to state law shall have a condition of
release prohibiting the person from having contact with the alleged victim of
such
offense for a period of at least 72 hours. Such bond may be secured by any
one of the
following methods, and when so secured, such person shall be released from
custody.
The methods of securing the appearance of an accused person are as
follows:
(a) Payment of cash, except that the municipal judge may permit
negotiable securities or a personal check in lieu of cash.
(b) The execution of an appearance bond by a responsible individual
residing within the state of Kansas, as surety with the approval of the
municipal judge.
(c) A guaranteed arrest bond certificate issued by either a surety
company authorized to transact such business within the state of Kansas, or
an automobile club authorized to transact business in this state by the
commissioner of insurance, except that such "guaranteed arrest bond
certificate" must be signed by the person to whom it is issued and must
contain a printed statement that the surety guarantees the appearance of
such person and, in the event of failure of such person to appear in court
at the time of trial, will pay any fine or forfeiture imposed upon such
person 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 ordinance
relating to the operation of a motor vehicle the accused person may deposit
with the arresting
law enforcement officer or the clerk of the municipal court a valid Kansas
driver's license in exchange for a receipt
therefor issued by the law enforcement officer or the clerk of the
municipal court, the form of which shall be approved by the division of
vehicles of the state department of revenue. Such receipt shall be
recognized as a valid temporary Kansas driver's license
authorizing the
operation of a motor vehicle by the accused person to the date of the
hearing stated on the receipt. Such driver's license and written copy of
the notice
to appear shall be delivered by the law enforcement officer to the
municipal court as soon as reasonably possible. If the hearing on any such
charge is continued for any reason, the municipal judge may note on the
receipt the date to which such hearing has been continued, and
such receipt shall be recognized as a valid temporary Kansas
driver's license until such date, but in no event shall such receipt be
recognized as a valid Kansas driver's license for a period
longer than
30 days from the date for the original hearing. Any person who
deposited a driver's license to secure
such person's appearance, in
lieu 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 required
bond
pursuant to (a), (b) and (c) above or upon final determination of the
charge.
In the event the accused person deposits a valid Kansas driver's license with
the municipal court and fails
to appear in court on the date set for appearance, or any continuance
thereof, and in any event within 30 days from the date set for the
original hearing, the municipal judge shall forward the
driver's license
of such person to the division of vehicles with an appropriate explanation
attached thereto. Upon receipt of the driver's license of
such person the
division of vehicles shall suspend such person's privilege to operate a
motor vehicle in this state until such person appears before the municipal
court,
or the municipal court makes a final disposition thereof, and notice of
such disposition is given by the municipal court to the division, or for a
period not exceeding six months from the date such person's
driver's license is received by the division, whichever is earlier.
Any person who applies for a replacement or new driver's license prior to the
return of
such person's original license, when such license has been deposited in
lieu of the giving of a bond as provided in this section,
shall be guilty of a
misdemeanor punishable as set forth in K.S.A. 8-2116, and amendments
thereto.
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.