22-2901.Appearance before the magistrate.(1) Except as provided in subsection (7), when an arrest is made in thecounty where the crime charged isalleged to have been committed, the person arrested shall be taken withoutunnecessary delay before a magistrate of the court from which the warrantwas issued. If the arrest has been made on probable cause, without awarrant, he shall be taken without unnecessary delay before the nearestavailable magistrate and a complaint shall be filed forthwith.
(2) Except as provided in subsection (7), when an arrest is made in acounty other than where the crimecharged is alleged to have been committed, the person arrested may be takendirectly to the county wherein the crime is alleged to have been committedwithout unnecessary delay or at the request of the defendant he shall betaken without unnecessary delay before the nearest available magistrate.Such magistrate shall ascertain the nature of the crime charged in thewarrant and the amount of the bond, if any, endorsed on the warrant. If nowarrant for the arrest of the person is before the magistrate he shall makeuse of telephonic, telegraphic or radio communication to ascertain thenature of the charge and the substance of any warrant that has been issued.If no warrant has been issued, a complaint shall be filed and a warrantissued in the county where the crime is alleged to have been committed, andthe nature of the charge, the substance of the warrant, and the amount ofthe bond shall be communicated to the magistrate before whom the defendantis in custody. Upon receipt of such information, the magistrate shallproceed as hereinafter provided.
(3) The magistrate shall fix the terms and conditions of the appearancebond upon which the defendant may be released. If the first appearance isbefore a magistrate in a county other than where the crime is alleged tohave been committed, the magistrate may release the defendant on anappearance bond in an amount not less than that endorsed on the warrant.The defendant shall be required to appear before the magistrate who issuedthe warrant or a magistrate of a court having jurisdiction on a daycertain, not more than 10 days thereafter.
(4) If the defendant is released on an appearance bond to appear beforethe magistrate in another county, the magistrate who accepts the appearancebond shall forthwith transmit such appearance bond and all other papersrelating to the case to the magistrate before whom the defendant is toappear.
(5) If the person arrested cannot provide an appearance bond, or if thecrime is not bailable, the magistrate shall commit him to jail pendingfurther proceedings or shall order him delivered to a law enforcementofficer of the county where the crime is alleged to have been committed.
(6) The provisions of this section shall not apply to a person who isarrested on a bench warrant. Such persons shall without unnecessary delaybe taken before the magistrate who issued the bench warrant.
(7) If a person is arrested on a warrant or arrested on probable causewithout a warrant, pursuant to a violation of subsection (a)(1)(C) of K.S.A.21-3721, and amendments thereto, such person shall not be allowed to post bondpending such person's first appearance in court provided that a firstappearance occurs within 48 hours after arrest. The magistrate may fix as acondition of release on the appearance bond that such person reportto a court services officer. Nothing in thissection shall be construed to be an unnecessary delay as such term is used inthis section.
History: L. 1970, ch. 129, § 22-2901;L. 1996, ch. 211, § 3; July 1.
22-2901.Appearance before the magistrate.(1) Except as provided in subsection (7), when an arrest is made in thecounty where the crime charged isalleged to have been committed, the person arrested shall be taken withoutunnecessary delay before a magistrate of the court from which the warrantwas issued. If the arrest has been made on probable cause, without awarrant, he shall be taken without unnecessary delay before the nearestavailable magistrate and a complaint shall be filed forthwith.
(2) Except as provided in subsection (7), when an arrest is made in acounty other than where the crimecharged is alleged to have been committed, the person arrested may be takendirectly to the county wherein the crime is alleged to have been committedwithout unnecessary delay or at the request of the defendant he shall betaken without unnecessary delay before the nearest available magistrate.Such magistrate shall ascertain the nature of the crime charged in thewarrant and the amount of the bond, if any, endorsed on the warrant. If nowarrant for the arrest of the person is before the magistrate he shall makeuse of telephonic, telegraphic or radio communication to ascertain thenature of the charge and the substance of any warrant that has been issued.If no warrant has been issued, a complaint shall be filed and a warrantissued in the county where the crime is alleged to have been committed, andthe nature of the charge, the substance of the warrant, and the amount ofthe bond shall be communicated to the magistrate before whom the defendantis in custody. Upon receipt of such information, the magistrate shallproceed as hereinafter provided.
(3) The magistrate shall fix the terms and conditions of the appearancebond upon which the defendant may be released. If the first appearance isbefore a magistrate in a county other than where the crime is alleged tohave been committed, the magistrate may release the defendant on anappearance bond in an amount not less than that endorsed on the warrant.The defendant shall be required to appear before the magistrate who issuedthe warrant or a magistrate of a court having jurisdiction on a daycertain, not more than 10 days thereafter.
(4) If the defendant is released on an appearance bond to appear beforethe magistrate in another county, the magistrate who accepts the appearancebond shall forthwith transmit such appearance bond and all other papersrelating to the case to the magistrate before whom the defendant is toappear.
(5) If the person arrested cannot provide an appearance bond, or if thecrime is not bailable, the magistrate shall commit him to jail pendingfurther proceedings or shall order him delivered to a law enforcementofficer of the county where the crime is alleged to have been committed.
(6) The provisions of this section shall not apply to a person who isarrested on a bench warrant. Such persons shall without unnecessary delaybe taken before the magistrate who issued the bench warrant.
(7) If a person is arrested on a warrant or arrested on probable causewithout a warrant, pursuant to a violation of subsection (a)(1)(C) of K.S.A.21-3721, and amendments thereto, such person shall not be allowed to post bondpending such person's first appearance in court provided that a firstappearance occurs within 48 hours after arrest. The magistrate may fix as acondition of release on the appearance bond that such person reportto a court services officer. Nothing in thissection shall be construed to be an unnecessary delay as such term is used inthis section.
History: L. 1970, ch. 129, § 22-2901;L. 1996, ch. 211, § 3; July 1.
22-2901.Appearance before the magistrate.(1) Except as provided in subsection (7), when an arrest is made in thecounty where the crime charged isalleged to have been committed, the person arrested shall be taken withoutunnecessary delay before a magistrate of the court from which the warrantwas issued. If the arrest has been made on probable cause, without awarrant, he shall be taken without unnecessary delay before the nearestavailable magistrate and a complaint shall be filed forthwith.
(2) Except as provided in subsection (7), when an arrest is made in acounty other than where the crimecharged is alleged to have been committed, the person arrested may be takendirectly to the county wherein the crime is alleged to have been committedwithout unnecessary delay or at the request of the defendant he shall betaken without unnecessary delay before the nearest available magistrate.Such magistrate shall ascertain the nature of the crime charged in thewarrant and the amount of the bond, if any, endorsed on the warrant. If nowarrant for the arrest of the person is before the magistrate he shall makeuse of telephonic, telegraphic or radio communication to ascertain thenature of the charge and the substance of any warrant that has been issued.If no warrant has been issued, a complaint shall be filed and a warrantissued in the county where the crime is alleged to have been committed, andthe nature of the charge, the substance of the warrant, and the amount ofthe bond shall be communicated to the magistrate before whom the defendantis in custody. Upon receipt of such information, the magistrate shallproceed as hereinafter provided.
(3) The magistrate shall fix the terms and conditions of the appearancebond upon which the defendant may be released. If the first appearance isbefore a magistrate in a county other than where the crime is alleged tohave been committed, the magistrate may release the defendant on anappearance bond in an amount not less than that endorsed on the warrant.The defendant shall be required to appear before the magistrate who issuedthe warrant or a magistrate of a court having jurisdiction on a daycertain, not more than 10 days thereafter.
(4) If the defendant is released on an appearance bond to appear beforethe magistrate in another county, the magistrate who accepts the appearancebond shall forthwith transmit such appearance bond and all other papersrelating to the case to the magistrate before whom the defendant is toappear.
(5) If the person arrested cannot provide an appearance bond, or if thecrime is not bailable, the magistrate shall commit him to jail pendingfurther proceedings or shall order him delivered to a law enforcementofficer of the county where the crime is alleged to have been committed.
(6) The provisions of this section shall not apply to a person who isarrested on a bench warrant. Such persons shall without unnecessary delaybe taken before the magistrate who issued the bench warrant.
(7) If a person is arrested on a warrant or arrested on probable causewithout a warrant, pursuant to a violation of subsection (a)(1)(C) of K.S.A.21-3721, and amendments thereto, such person shall not be allowed to post bondpending such person's first appearance in court provided that a firstappearance occurs within 48 hours after arrest. The magistrate may fix as acondition of release on the appearance bond that such person reportto a court services officer. Nothing in thissection shall be construed to be an unnecessary delay as such term is used inthis section.
History: L. 1970, ch. 129, § 22-2901;L. 1996, ch. 211, § 3; July 1.
