Session of 1998
SENATE BILL No. 631
By Committee on Judiciary
2-11
9
AN ACT concerning criminal procedure; relating
to search warrants;
10 amending K.S.A.
22-2502 and repealing the existing section.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. K.S.A.
22-2502 is hereby amended to read as follows:
14 22-2502. (a) A search warrant shall be
issued only upon the oral or written
15 statement, including those conveyed or
received by telefacsimile com-
16 munication, of any person under oath or
affirmation which states facts
17 sufficient to show probable cause that a
crime has been or is being com-
18 mitted and which particularly describes a
person, place or means of con-
19 veyance to be searched and things to be
seized. Any statement which is
20 made orally shall be either taken down by a
certified shorthand reporter,
21 sworn to under oath and made part of the
application for a search warrant,
22 or recorded before the magistrate from whom
the search warrant is re-
23 quested and sworn to under oath. Any
statement orally made shall be
24 reduced to writing as soon thereafter as
possible. If the magistrate is
25 satisfied that grounds for the application
exist or that there is probable
26 cause to believe that they exist, the
magistrate may issue a search warrant
27 for the seizure of the following:
28 (1) Any things which
have been used in the commission of a crime,
29 or any contraband or any property which
constitutes or may be considered
30 a part of the evidence, fruits or
instrumentalities of a crime under the
31 laws of this state, any other state or of
the United States. The term ``fruits''
32 as used in this act shall be interpreted to
include any property into which
33 the thing or things unlawfully taken or
possessed may have been con-
34 verted.
35 (2) Any person who has
been kidnapped in violation of the laws of
36 this state or who has been kidnapped in
another jurisdiction and is now
37 concealed within this state.
38 (3) Any human fetus or
human corpse.
39 (4) Any person for whom
a valid felony arrest warrant has been issued
40 in this state or in another
jurisdiction.
41 (b) Before ruling on a
request for a search warrant, the magistrate
42 may require the affiant to appear
personally and may examine under oath
43 the affiant and any witnesses that the
affiant may produce. Such pro-
SB 631
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1 ceeding shall be taken down by a
certified shorthand reporter or record-
2 ing equipment and made part of the
application for a search warrant.
3 (c) Affidavits or
sworn testimony in support of the probable cause
4 requirement of this section shall not
be made available for examination
5 without a written order of the court,
except that such affidavits or testi-
6 mony when requested shall be made
available to the defendant or the
7 defendant's counsel for such
disposition as either may desire.
8 (d) As used in
this section, telefacsimile communication means the
9 use of electronic equipment to send
or transfer a copy of an original
10 document via telephone lines.
11 (e) In addition to
any other provision in this section, a search warrant
12 may be issued upon the oral or written
statement, including those con-
13 veyed or received by telefacsimile
communication, of any person under
14 oath or affirmation which states facts
sufficient to show probable cause
15 that a dead body exists on premises to
be searched. Such search warrant
16 may authorize that such dead body and
other property may be taken into
17 possession of the coroner, and in turn
be turned over to the appropriate
18 law enforcement agency.
19 Sec. 2. K.S.A.
22-2502 is hereby repealed.
20 Sec. 3. This act
shall take effect and be in force from and after its
21 publication in the statute book.
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