22-2408.Notice to appear.(1) Except as otherwise provided in subsection (6) of this section,whenever a law enforcement officer detains any person without a warrant,for any act punishable as a misdemeanor, and such person is not immediatelytaken before a magistrate for further proceedings, the officer may serveupon such person a written notice to appear in court. Such notice to appearshall contain the name and address of the person detained, the crimecharged, and the time and place when and where such person shall appear incourt.
(2) The time specified in such notice to appear must be at least five(5) days after such notice is given unless the person shall demand anearlier hearing.
(3) The place specified in such notice to appear must be before somecourt within the county in which the crime is alleged to have beencommitted which has jurisdiction of such crime.
(4) The person detained, in order to secure release as provided in thissection, must give his or her written promise to appear in the court bysigning the written notice prepared by the officer. The original of thenotice shall be retained by the officer; a copy delivered to the persondetained, and the officer shall forthwith release the person.
(5) Such law enforcement officer shall cause to be filed, withoutunnecessary delay, a complaint in the court in which a person releasedunder subsection (4) is given notice to appear, charging the crime statedin said notice. If the person released fails to appear as required in thenotice to appear, a warrant shall be issued for his or her arrest.
(6) The procedures prescribed by this section shall not apply to thedetention or arrest of any person for the violation of any law regulatingtraffic on the highways of this state, and the provisions of K.S.A. 8-2104to 8-2108, inclusive, and any acts amendatory thereof, and the code ofprocedure for municipal courts shall govern such procedures.
History: L. 1970, ch. 129, § 22-2408; L. 1974, ch. 149, § 1; L.1975, ch. 33, § 6; July 1.
22-2408.Notice to appear.(1) Except as otherwise provided in subsection (6) of this section,whenever a law enforcement officer detains any person without a warrant,for any act punishable as a misdemeanor, and such person is not immediatelytaken before a magistrate for further proceedings, the officer may serveupon such person a written notice to appear in court. Such notice to appearshall contain the name and address of the person detained, the crimecharged, and the time and place when and where such person shall appear incourt.
(2) The time specified in such notice to appear must be at least five(5) days after such notice is given unless the person shall demand anearlier hearing.
(3) The place specified in such notice to appear must be before somecourt within the county in which the crime is alleged to have beencommitted which has jurisdiction of such crime.
(4) The person detained, in order to secure release as provided in thissection, must give his or her written promise to appear in the court bysigning the written notice prepared by the officer. The original of thenotice shall be retained by the officer; a copy delivered to the persondetained, and the officer shall forthwith release the person.
(5) Such law enforcement officer shall cause to be filed, withoutunnecessary delay, a complaint in the court in which a person releasedunder subsection (4) is given notice to appear, charging the crime statedin said notice. If the person released fails to appear as required in thenotice to appear, a warrant shall be issued for his or her arrest.
(6) The procedures prescribed by this section shall not apply to thedetention or arrest of any person for the violation of any law regulatingtraffic on the highways of this state, and the provisions of K.S.A. 8-2104to 8-2108, inclusive, and any acts amendatory thereof, and the code ofprocedure for municipal courts shall govern such procedures.
History: L. 1970, ch. 129, § 22-2408; L. 1974, ch. 149, § 1; L.1975, ch. 33, § 6; July 1.
22-2408.Notice to appear.(1) Except as otherwise provided in subsection (6) of this section,whenever a law enforcement officer detains any person without a warrant,for any act punishable as a misdemeanor, and such person is not immediatelytaken before a magistrate for further proceedings, the officer may serveupon such person a written notice to appear in court. Such notice to appearshall contain the name and address of the person detained, the crimecharged, and the time and place when and where such person shall appear incourt.
(2) The time specified in such notice to appear must be at least five(5) days after such notice is given unless the person shall demand anearlier hearing.
(3) The place specified in such notice to appear must be before somecourt within the county in which the crime is alleged to have beencommitted which has jurisdiction of such crime.
(4) The person detained, in order to secure release as provided in thissection, must give his or her written promise to appear in the court bysigning the written notice prepared by the officer. The original of thenotice shall be retained by the officer; a copy delivered to the persondetained, and the officer shall forthwith release the person.
(5) Such law enforcement officer shall cause to be filed, withoutunnecessary delay, a complaint in the court in which a person releasedunder subsection (4) is given notice to appear, charging the crime statedin said notice. If the person released fails to appear as required in thenotice to appear, a warrant shall be issued for his or her arrest.
(6) The procedures prescribed by this section shall not apply to thedetention or arrest of any person for the violation of any law regulatingtraffic on the highways of this state, and the provisions of K.S.A. 8-2104to 8-2108, inclusive, and any acts amendatory thereof, and the code ofprocedure for municipal courts shall govern such procedures.
History: L. 1970, ch. 129, § 22-2408; L. 1974, ch. 149, § 1; L.1975, ch. 33, § 6; July 1.
