22-2202.Definitions.(1) "Appellate court" means the supreme court or court of appeals,depending on the context in which the term is used and the respectivejurisdiction of those courts over appeals in criminal cases, as provided inK.S.A. 22-3601 and amendments thereto.
(2) "Appearance bond" means an agreement, with or without security,entered into by a person in custody by which the person is bound to complywith the conditions specified in the agreement.
(3) "Arraignment" means the formal act of calling the defendantbefore a court having jurisdiction to impose sentence for the offensecharged, informing the defendant of the offense with which thedefendant is charged, and asking the defendant whether the defendant isguilty or not guilty.
(4) "Arrest" means the taking of a person into custody in orderthat the person may be forthcoming to answer for the commission of a crime.The giving of a notice to appear is not an arrest.
(5) "Bail" means the security given for the purpose of insuringcompliance with the terms of an appearance bond.
(6) "Bind over" means require a defendant to appear and answer beforea district judge having jurisdiction to try thedefendant for the felony with which the defendant is charged.
(7) "Charge" means a written statement presented to a court accusinga person of the commission of a crime and includes a complaint,information or indictment.
(8) "Complaint" means a written statement under oath of the essentialfacts constituting a crime, except that a citation or notice to appearissued by a law enforcement officer pursuant to and in compliance withK.S.A. 8-2106 and amendments thereto or a citation or notice to appear issuedpursuant to and in compliance with K.S.A. 32-1049 shall bedeemed a valid complaint if it is signed by the law enforcement officer.
(9) "Custody" means the restraint of a person pursuant to an arrestor the order of a court or magistrate.
(10) "Detention" means the temporary restraint of a person by a lawenforcement officer.
(11) "Indictment" means a written statement, presented by a grandjury to a court, which charges the commission of a crime.
(12) "Information" means a verified written statement signed by acounty attorney or other authorized representative of the state ofKansas presented to a court, which charges the commission of a crime. Aninformation verified upon information and belief by the county attorneyor other authorized representative of the state of Kansas shall besufficient.
(13) "Law enforcement officer" means any person who by virtue ofoffice or public employment is vested by law with a duty to maintainpublic order or to make arrests for violation of the laws of the stateof Kansas or ordinances of any municipality thereof or with a duty tomaintain or assert custody or supervision over persons accused orconvicted of crime, and includes court services officers, parole officersand directors, security personnel and keepers of correctional institutions,jails or other institutions for the detention of persons accused orconvicted of crime, while acting within the scope of their authority.
(14) "Magistrate" means an officer having power to issue a warrantfor the arrest of a person charged with a crime and includes justices ofthe supreme court, judges of the court of appeals and judges of district courts.
(15) "Notice to appear" means a written request, issued by a lawenforcement officer, that a person appear before a designated court at astated time and place.
(16) "Preliminary examination" means a hearing before a magistrateon a complaint or information to determine if a felony has beencommitted and if there is probable cause to believe that the personcharged committed it.
(17) "Prosecuting attorney" means any attorney who is authorized bylaw to appear for and on behalf of the state of Kansas in a criminal case,and includes the attorney general, an assistant attorney general, thecounty or district attorney, an assistant county or district attorney andany special prosecutor whose appearance is approved by the court. In thecase of prosecution for violation of a city ordinance, also, "prosecutingattorney" means the city attorney or any assistant city attorney.
(18) "Search warrant" means a written order made by a magistratedirected to a law enforcement officer commanding the officer to searchthe premises described in the search warrant and to seize propertydescribed or identified in the search warrant.
(19) "Summons" means a written order issued by a magistratedirecting that a person appear before a designated court at a statedtime and place and answer to a charge pending against the person.
(20) "Warrant" means a written order made by a magistrate directedto any law enforcement officer commanding the officer to arrest theperson named or described in the warrant.
History: L. 1970, ch. 129, § 22-2202; L. 1971, ch. 114, § 2;L. 1972, ch. 120, § 1; L. 1975, ch. 33, § 5; L. 1975, ch. 178, §20; L. 1976, ch. 163, § 1; L. 1978, ch. 365, § 2; L. 1984, ch. 112,§ 6; L. 1986, ch. 115, § 54; L. 1986, ch. 150, § 1; L. 1986, ch.133, § 1; L. 1988, ch. 50, § 4; L. 1989, ch. 118, § 175; July 1.
22-2202.Definitions.(1) "Appellate court" means the supreme court or court of appeals,depending on the context in which the term is used and the respectivejurisdiction of those courts over appeals in criminal cases, as provided inK.S.A. 22-3601 and amendments thereto.
(2) "Appearance bond" means an agreement, with or without security,entered into by a person in custody by which the person is bound to complywith the conditions specified in the agreement.
(3) "Arraignment" means the formal act of calling the defendantbefore a court having jurisdiction to impose sentence for the offensecharged, informing the defendant of the offense with which thedefendant is charged, and asking the defendant whether the defendant isguilty or not guilty.
(4) "Arrest" means the taking of a person into custody in orderthat the person may be forthcoming to answer for the commission of a crime.The giving of a notice to appear is not an arrest.
(5) "Bail" means the security given for the purpose of insuringcompliance with the terms of an appearance bond.
(6) "Bind over" means require a defendant to appear and answer beforea district judge having jurisdiction to try thedefendant for the felony with which the defendant is charged.
(7) "Charge" means a written statement presented to a court accusinga person of the commission of a crime and includes a complaint,information or indictment.
(8) "Complaint" means a written statement under oath of the essentialfacts constituting a crime, except that a citation or notice to appearissued by a law enforcement officer pursuant to and in compliance withK.S.A. 8-2106 and amendments thereto or a citation or notice to appear issuedpursuant to and in compliance with K.S.A. 32-1049 shall bedeemed a valid complaint if it is signed by the law enforcement officer.
(9) "Custody" means the restraint of a person pursuant to an arrestor the order of a court or magistrate.
(10) "Detention" means the temporary restraint of a person by a lawenforcement officer.
(11) "Indictment" means a written statement, presented by a grandjury to a court, which charges the commission of a crime.
(12) "Information" means a verified written statement signed by acounty attorney or other authorized representative of the state ofKansas presented to a court, which charges the commission of a crime. Aninformation verified upon information and belief by the county attorneyor other authorized representative of the state of Kansas shall besufficient.
(13) "Law enforcement officer" means any person who by virtue ofoffice or public employment is vested by law with a duty to maintainpublic order or to make arrests for violation of the laws of the stateof Kansas or ordinances of any municipality thereof or with a duty tomaintain or assert custody or supervision over persons accused orconvicted of crime, and includes court services officers, parole officersand directors, security personnel and keepers of correctional institutions,jails or other institutions for the detention of persons accused orconvicted of crime, while acting within the scope of their authority.
(14) "Magistrate" means an officer having power to issue a warrantfor the arrest of a person charged with a crime and includes justices ofthe supreme court, judges of the court of appeals and judges of district courts.
(15) "Notice to appear" means a written request, issued by a lawenforcement officer, that a person appear before a designated court at astated time and place.
(16) "Preliminary examination" means a hearing before a magistrateon a complaint or information to determine if a felony has beencommitted and if there is probable cause to believe that the personcharged committed it.
(17) "Prosecuting attorney" means any attorney who is authorized bylaw to appear for and on behalf of the state of Kansas in a criminal case,and includes the attorney general, an assistant attorney general, thecounty or district attorney, an assistant county or district attorney andany special prosecutor whose appearance is approved by the court. In thecase of prosecution for violation of a city ordinance, also, "prosecutingattorney" means the city attorney or any assistant city attorney.
(18) "Search warrant" means a written order made by a magistratedirected to a law enforcement officer commanding the officer to searchthe premises described in the search warrant and to seize propertydescribed or identified in the search warrant.
(19) "Summons" means a written order issued by a magistratedirecting that a person appear before a designated court at a statedtime and place and answer to a charge pending against the person.
(20) "Warrant" means a written order made by a magistrate directedto any law enforcement officer commanding the officer to arrest theperson named or described in the warrant.
History: L. 1970, ch. 129, § 22-2202; L. 1971, ch. 114, § 2;L. 1972, ch. 120, § 1; L. 1975, ch. 33, § 5; L. 1975, ch. 178, §20; L. 1976, ch. 163, § 1; L. 1978, ch. 365, § 2; L. 1984, ch. 112,§ 6; L. 1986, ch. 115, § 54; L. 1986, ch. 150, § 1; L. 1986, ch.133, § 1; L. 1988, ch. 50, § 4; L. 1989, ch. 118, § 175; July 1.
22-2202.Definitions.(1) "Appellate court" means the supreme court or court of appeals,depending on the context in which the term is used and the respectivejurisdiction of those courts over appeals in criminal cases, as provided inK.S.A. 22-3601 and amendments thereto.
(2) "Appearance bond" means an agreement, with or without security,entered into by a person in custody by which the person is bound to complywith the conditions specified in the agreement.
(3) "Arraignment" means the formal act of calling the defendantbefore a court having jurisdiction to impose sentence for the offensecharged, informing the defendant of the offense with which thedefendant is charged, and asking the defendant whether the defendant isguilty or not guilty.
(4) "Arrest" means the taking of a person into custody in orderthat the person may be forthcoming to answer for the commission of a crime.The giving of a notice to appear is not an arrest.
(5) "Bail" means the security given for the purpose of insuringcompliance with the terms of an appearance bond.
(6) "Bind over" means require a defendant to appear and answer beforea district judge having jurisdiction to try thedefendant for the felony with which the defendant is charged.
(7) "Charge" means a written statement presented to a court accusinga person of the commission of a crime and includes a complaint,information or indictment.
(8) "Complaint" means a written statement under oath of the essentialfacts constituting a crime, except that a citation or notice to appearissued by a law enforcement officer pursuant to and in compliance withK.S.A. 8-2106 and amendments thereto or a citation or notice to appear issuedpursuant to and in compliance with K.S.A. 32-1049 shall bedeemed a valid complaint if it is signed by the law enforcement officer.
(9) "Custody" means the restraint of a person pursuant to an arrestor the order of a court or magistrate.
(10) "Detention" means the temporary restraint of a person by a lawenforcement officer.
(11) "Indictment" means a written statement, presented by a grandjury to a court, which charges the commission of a crime.
(12) "Information" means a verified written statement signed by acounty attorney or other authorized representative of the state ofKansas presented to a court, which charges the commission of a crime. Aninformation verified upon information and belief by the county attorneyor other authorized representative of the state of Kansas shall besufficient.
(13) "Law enforcement officer" means any person who by virtue ofoffice or public employment is vested by law with a duty to maintainpublic order or to make arrests for violation of the laws of the stateof Kansas or ordinances of any municipality thereof or with a duty tomaintain or assert custody or supervision over persons accused orconvicted of crime, and includes court services officers, parole officersand directors, security personnel and keepers of correctional institutions,jails or other institutions for the detention of persons accused orconvicted of crime, while acting within the scope of their authority.
(14) "Magistrate" means an officer having power to issue a warrantfor the arrest of a person charged with a crime and includes justices ofthe supreme court, judges of the court of appeals and judges of district courts.
(15) "Notice to appear" means a written request, issued by a lawenforcement officer, that a person appear before a designated court at astated time and place.
(16) "Preliminary examination" means a hearing before a magistrateon a complaint or information to determine if a felony has beencommitted and if there is probable cause to believe that the personcharged committed it.
(17) "Prosecuting attorney" means any attorney who is authorized bylaw to appear for and on behalf of the state of Kansas in a criminal case,and includes the attorney general, an assistant attorney general, thecounty or district attorney, an assistant county or district attorney andany special prosecutor whose appearance is approved by the court. In thecase of prosecution for violation of a city ordinance, also, "prosecutingattorney" means the city attorney or any assistant city attorney.
(18) "Search warrant" means a written order made by a magistratedirected to a law enforcement officer commanding the officer to searchthe premises described in the search warrant and to seize propertydescribed or identified in the search warrant.
(19) "Summons" means a written order issued by a magistratedirecting that a person appear before a designated court at a statedtime and place and answer to a charge pending against the person.
(20) "Warrant" means a written order made by a magistrate directedto any law enforcement officer commanding the officer to arrest theperson named or described in the warrant.
History: L. 1970, ch. 129, § 22-2202; L. 1971, ch. 114, § 2;L. 1972, ch. 120, § 1; L. 1975, ch. 33, § 5; L. 1975, ch. 178, §20; L. 1976, ch. 163, § 1; L. 1978, ch. 365, § 2; L. 1984, ch. 112,§ 6; L. 1986, ch. 115, § 54; L. 1986, ch. 150, § 1; L. 1986, ch.133, § 1; L. 1988, ch. 50, § 4; L. 1989, ch. 118, § 175; July 1.
