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Home » US Law » 2021 Kansas Statutes » Chapter 22 - Criminal Procedure » Article 46 - General Provisions

22-4602 Effect on pending actions.

22-4602. Effect on pending actions. (1) The trial of any prosecution commenced prior to the effective date of this chapter, and proceedings incidental thereto, shall be governed by this chapter unless the defendant elects to be proceeded against under the law in force at the time the prosecution was commenced. Such election shall be made […]

22-4603 Employment of county and city prisoners.

22-4603. Employment of county and city prisoners. (1) Whenever any able-bodied prisoner is confined in the county jail or the jail of any town or city, having been convicted of a misdemeanor or of a violation of an ordinance of such town or city, the sheriff of such county, or the marshal or the chief […]

22-4605 Release from custody; query criminal databases.

22-4605. Release from custody; query criminal databases. (a) No person, whether convicted or being held on suspicion of charges, who is incarcerated by the state or any political subdivision thereof shall be released from custody until the custodian of such person has queried available state and federal criminal databases to determine whether there are any […]

22-4606 Racial and other profiling; definitions.

22-4606. Racial and other profiling; definitions. As used in this act: (a) “Governmental unit” means the state, or any county, city or other political subdivision thereof, or any department, division, board or other agency of any of the foregoing, except governmental unit shall not include the board of education of any school district employing school […]

22-4609 Same; prohibited as basis for making stop, search or arrest.

22-4609. Same; prohibited as basis for making stop, search or arrest. It is unlawful to use racial or other biased-based policing in: (a) Determining the existence of probable cause to take into custody or to arrest an individual; (b) constituting a reasonable and articulable suspicion that an offense has been or is being committed so […]

22-4610 Same; law enforcement policies preempting profiling, requirements; annual training required; community advisory boards; annual reports of complaints.

22-4610. Same; law enforcement policies preempting profiling, requirements; annual training required; community advisory boards; annual reports of complaints. (a) All law enforcement agencies in this state shall adopt a detailed, written policy to preempt racial or other biased-based policing. Each agency’s policy shall include the definition of racial or other biased-based policing found in K.S.A. […]

22-4611 Same; complaints, office of attorney general, procedure; civil action.

22-4611. Same; complaints, office of attorney general, procedure; civil action. (a) Any person who believes such person has been subjected to racial or other biased-based policing by a law enforcement officer or agency may file a complaint with the law enforcement agency. The complainant may also file a complaint with the office of the attorney […]

22-4611a Cities, counties, comprehensive plans; contents; data collection.

22-4611a. Cities, counties, comprehensive plans; contents; data collection. (a) The governing body of a city or the sheriff of the county may develop a comprehensive plan in conjunction with a community advisory board, if one exists, or with community leaders to prevent racial or other biased-based policing or may require the law enforcement agency of […]

22-4611b Community advisory boards; establishment, cities, counties.

22-4611b. Community advisory boards; establishment, cities, counties. The governing body of any city, by ordinance or the sheriff of any county may, establish a community advisory board to work with the law enforcement agency of such city or county in accordance with the provisions of K.S.A. 22-4606 et seq., and amendments thereto. History: L. 2011, […]

22-4614 Alleged victims of certain offenses, polygraph examination prohibited.

22-4614. Alleged victims of certain offenses, polygraph examination prohibited. No law enforcement officer, government official or prosecutor shall request or require any person who is alleged to be a victim of an offense described in article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 2021 Supp. 21-6419 through 21-6422, and amendments thereto, […]

22-4615 Call location information of telecommunications device in emergency situation; telecommunications carriers; Kansas bureau of investigation database, law enforcement agency access.

22-4615. Call location information of telecommunications device in emergency situation; telecommunications carriers; Kansas bureau of investigation database, law enforcement agency access. (a) Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information concerning the telecommunications device of the user to the requesting law enforcement agency in order to respond […]

22-4616 Domestic violence offenses; designation; special sentencing provision.

22-4616. Domestic violence offenses; designation; special sentencing provision. (a) On and after July 1, 2011, in all criminal cases filed in the district court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense. On and after July 1, […]

22-4617 Same; designation in case number.

22-4617. Same; designation in case number. In all criminal cases, when a complaint is filed charging a defendant with commission of any crime whereby the underlying factual basis includes an act of domestic violence, as defined in K.S.A. 2021 Supp. 21-5111, and amendments thereto, the court may place a “DV” designation in the unique identifying […]

22-4618 Reporting of sexually violent crimes and pornographic materials.

22-4618. Reporting of sexually violent crimes and pornographic materials. (a) As used in this section: (1) “Nudity” means the showing, unclothed or with less than a fully opaque covering, of the human male or female genitals, pubic area, buttocks or female breast below a point immediately above the top of the areola. (2) “Pornographic materials” […]

22-4619 Eyewitness procedures; law enforcement policies, requirements; available to public.

22-4619. Eyewitness procedures; law enforcement policies, requirements; available to public. (a) All law enforcement agencies in this state shall adopt a detailed, written policy relating to the procedures to be employed when a citizen is asked to identify a person in the context of a criminal investigation. (b) All law enforcement agencies in this state […]

22-4620 Electronic recording of certain felony custodial interrogations; law enforcement policies, requirements; available to public.

22-4620. Electronic recording of certain felony custodial interrogations; law enforcement policies, requirements; available to public. (a) All law enforcement agencies in this state shall adopt a detailed, written policy requiring electronic recording of any custodial interrogation conducted at a place of detention. (b) All local law enforcement agencies in this state shall collaborate with the […]