Brief ⁽¹⁾

HB 2083 amends a criminal procedure statute dealing with persons who are released on an appearance bond and are arrested by the person's surety or any person authorized by the surety. The person who is arrested must be brought before any magistrate having power to commit for the crime charged. The magistrate shall endorse on the bond the discharge of the surety, upon the sworn statement, either written or oral, of the surety setting forth the reasons for the discharge. The statement must be filed with the court within 24 hours following the party's arrest. The magistrate may commit the party who is arrested.

The Senate Committee added the requirement of filing the statement within 24 hours of the person's arrest.

Background

A representative of the Judicial Council testified in support of the bill. An official with the Kansas Bar Association also spoke in favor of the measure.

Opposition to the bill was expressed by a surety bail bondsman.

The fiscal note indicates no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi