State Codes and Statutes

Statutes > Kansas > Chapter22 > Article29 > Statutes_12351

22-2905

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 29.--PROCEDURE AFTER ARREST

      22-2905.   Proceedings after the preliminary examination.(1) When a defendant is bound over to a district judge for trial, the prosecutingattorney shall file aninformation in the office of the clerk of the district court, chargingthe crime for which the defendant was bound over. If the complaint is inproper form, pursuant to K.S.A. 22-3201 and amendments thereto, it maybe used as the information.

      (2)   When the defendant is bound over, the magistrate shall fix thetype of bond which will assure the appearance of the defendant before adistrict judge and the amount and conditionsof such bond in accordance with the provisions of K.S.A. 22-2802 andamendments thereto. If thebond given the magistrate prior to the preliminaryexamination is continuing in nature and is conditioned upon theappearance of the defendant before the magistrate and before thedistrict judge, if bound over, then no newbond shall be required unless the magistrate hearing the preliminaryexamination or the district judge beforewhom the case is pending finds that the appearance bond previouslygiven to the magistrate or the sureties thereon are insufficient tosecure the appearance of the defendant for trial in the district court.If the amount of the appearance bond is increased, the appearance bondpreviously given shall continue in force and effect and the defendantshall be required to furnish an additional appearance bond only in suchamount as the new appearance bond may exceed the appearance bondpreviously furnished. If the defendant cannot provide an appearancebond or if the offense is not bailable, the magistrate shall commit thedefendant to jail.

      History:   L. 1970, ch. 129, § 22-2905; L. 1976, ch. 163, § 11;L. 1977, ch. 112, § 7; am. by Supreme Court(order dated Dec. 5, 1980);L. 1986, ch. 115, § 60; Jan. 12, 1987.

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article29 > Statutes_12351

22-2905

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 29.--PROCEDURE AFTER ARREST

      22-2905.   Proceedings after the preliminary examination.(1) When a defendant is bound over to a district judge for trial, the prosecutingattorney shall file aninformation in the office of the clerk of the district court, chargingthe crime for which the defendant was bound over. If the complaint is inproper form, pursuant to K.S.A. 22-3201 and amendments thereto, it maybe used as the information.

      (2)   When the defendant is bound over, the magistrate shall fix thetype of bond which will assure the appearance of the defendant before adistrict judge and the amount and conditionsof such bond in accordance with the provisions of K.S.A. 22-2802 andamendments thereto. If thebond given the magistrate prior to the preliminaryexamination is continuing in nature and is conditioned upon theappearance of the defendant before the magistrate and before thedistrict judge, if bound over, then no newbond shall be required unless the magistrate hearing the preliminaryexamination or the district judge beforewhom the case is pending finds that the appearance bond previouslygiven to the magistrate or the sureties thereon are insufficient tosecure the appearance of the defendant for trial in the district court.If the amount of the appearance bond is increased, the appearance bondpreviously given shall continue in force and effect and the defendantshall be required to furnish an additional appearance bond only in suchamount as the new appearance bond may exceed the appearance bondpreviously furnished. If the defendant cannot provide an appearancebond or if the offense is not bailable, the magistrate shall commit thedefendant to jail.

      History:   L. 1970, ch. 129, § 22-2905; L. 1976, ch. 163, § 11;L. 1977, ch. 112, § 7; am. by Supreme Court(order dated Dec. 5, 1980);L. 1986, ch. 115, § 60; Jan. 12, 1987.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article29 > Statutes_12351

22-2905

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 29.--PROCEDURE AFTER ARREST

      22-2905.   Proceedings after the preliminary examination.(1) When a defendant is bound over to a district judge for trial, the prosecutingattorney shall file aninformation in the office of the clerk of the district court, chargingthe crime for which the defendant was bound over. If the complaint is inproper form, pursuant to K.S.A. 22-3201 and amendments thereto, it maybe used as the information.

      (2)   When the defendant is bound over, the magistrate shall fix thetype of bond which will assure the appearance of the defendant before adistrict judge and the amount and conditionsof such bond in accordance with the provisions of K.S.A. 22-2802 andamendments thereto. If thebond given the magistrate prior to the preliminaryexamination is continuing in nature and is conditioned upon theappearance of the defendant before the magistrate and before thedistrict judge, if bound over, then no newbond shall be required unless the magistrate hearing the preliminaryexamination or the district judge beforewhom the case is pending finds that the appearance bond previouslygiven to the magistrate or the sureties thereon are insufficient tosecure the appearance of the defendant for trial in the district court.If the amount of the appearance bond is increased, the appearance bondpreviously given shall continue in force and effect and the defendantshall be required to furnish an additional appearance bond only in suchamount as the new appearance bond may exceed the appearance bondpreviously furnished. If the defendant cannot provide an appearancebond or if the offense is not bailable, the magistrate shall commit thedefendant to jail.

      History:   L. 1970, ch. 129, § 22-2905; L. 1976, ch. 163, § 11;L. 1977, ch. 112, § 7; am. by Supreme Court(order dated Dec. 5, 1980);L. 1986, ch. 115, § 60; Jan. 12, 1987.