Limiting the use of a summons instead of a warrant for the arrest of a defendant to misdemeanor crimes and requiring that any bond set on a warrant issued after a failure to appear in response to a summons shall not allo, the official text

house bill No. 2651
An Act concerning crimes, punishment and criminal procedure; relating to issuance of a warrant or summons when there is probable cause to believe that a defendant has committed a crime; limiting the use of a summons instead of a warrant to misdemeanor crimes; requiring that any bond set on a warrant issued after failure to appear in response to a summons shall not allow release on the defendant's own recognizance; amending K.S.A. 2025 Supp. 22-2302 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 22-2302 is hereby amended to read as follows: 22-2302. (a) (1) If the magistrate finds from the complaint, or from an affidavit or affidavits filed with the complaint or from sworn testimony, that there is probable cause to believe both that a crime has been committed and that the defendant has committed it such crime, a warrant for the arrest of the defendant shall issue, except that a summons instead of a warrant may be issued in the case of a complaint alleging commission of a misdemeanor if:
(A) The prosecuting attorney so requests; or
(B) in the case of a complaint alleging commission of a misdemeanor, the magistrate determines that a summons should be issued.
(2) A summons shall not be issued instead of a warrant in the case of a complaint alleging commission of a felony.
(3) More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue and any bond set on such warrant shall not allow release on the defendant's own recognizance.
(b) (1) Affidavits or sworn testimony in support of the probable cause requirement of this section shall be made available to law enforcement agencies prior to execution of the warrant or summons, but shall not be open to the general public until the warrant or summons has been executed. After the warrant or summons has been executed, such affidavits or sworn testimony shall be made available to:
(A) The defendant or the defendant's counsel, when requested, for such disposition as either may desire; and
(B) any person, when requested, in accordance with the requirements of this subsection.
(2) Any person may request that affidavits or sworn testimony be disclosed by filing such request with the clerk of the court. Upon entry of appearance by an attorney on behalf of the defendant, or indication by the defendant to the court that such defendant will represent the defendant's self, the clerk of the court shall promptly notify the defendant or the defendant's counsel, the prosecutor and the magistrate that such request was filed. The prosecutor shall promptly notify any victim. For the purposes of this subsection, victim shall include any victim of an alleged crime that resulted in the issuance of the arrest warrant, or, if the victim is deceased, the victim's family, as defined in K.S.A. 74-7335, and amendments thereto.
(3) Within five business days after receiving notice of a request for disclosure from the clerk of the court, the defendant or the defendant's counsel and the prosecutor may submit to the magistrate, under seal, either:
(A) Proposed redactions, if any, to the affidavits or sworn testimony and the reasons supporting such proposed redactions; or
(B) a motion to seal the affidavits or sworn testimony and the reasons supporting such proposed seal.
(4) The magistrate shall review the requested affidavits or sworn testimony and any proposed redactions or motion to seal submitted by the defendant, the defendant's counsel or the prosecutor. The magistrate shall make appropriate redactions, or seal the affidavits or sworn testimony, as necessary to prevent public disclosure of information that would:
(A) Jeopardize the physical, mental or emotional safety or well-being of a victim, witness, confidential source or undercover agent, or cause the destruction of evidence;
(B) reveal information obtained from a court-ordered wiretap or from a search warrant for a tracking device that has not expired;
(C) interfere with any prospective law enforcement action, criminal investigation or prosecution;
(D) reveal the identity of any confidential source or undercover agent;
(E) reveal confidential investigative techniques or procedures not known to the general public;
(F) endanger the life or physical safety of any person;
(G) reveal the name, address, telephone number or any other information which that specifically and individually identifies the victim of any of the sexual offense offenses described in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-6419 through 21-6422, and amendments thereto;
(H) reveal the name of any minor;
(I) reveal any date of birth, personal or business telephone number, driver's license number, nondriver's identification number, social security number, employee identification number, taxpayer identification number, vehicle identification number or financial account information; or
(J) constitute a clearly unwarranted invasion of personal privacy. As used in this subparagraph, "clearly unwarranted invasion of personal privacy" means revealing information that would be highly offensive to a reasonable person and is totally unrelated to the alleged crime that resulted in the issuance of the arrest warrant, including information totally unrelated to the alleged crime that may pose a risk to a person or property and is not of legitimate concern to the public. The provisions of this subparagraph shall only be used to redact and shall not be used to seal affidavits or sworn testimony.
(5) Within five business days after receiving proposed redactions or a motion to seal from the defendant, the defendant's counsel or the prosecutor, or within 10 business days after receiving notice of a request for disclosure, whichever is earlier, the magistrate shall either:
(A) Order disclosure of the affidavits or sworn testimony with appropriate redactions, if any; or
(B) order the affidavits or sworn testimony sealed and not subject to public disclosure.
(6) (A) If the magistrate orders disclosure of the affidavits or sworn testimony with appropriate redactions, if any, to any person in accordance with the requirements of this subsection, then such affidavits or sworn testimony shall become part of the court record and shall be accessible to the public.
(B) If the magistrate orders the affidavits or sworn testimony sealed and not subject to public disclosure in accordance with the requirements of this subsection, then such affidavits or sworn testimony shall become part of the court record that is not accessible to the public.
(C) Any request for disclosure of affidavits or sworn testimony in accordance with the requirements of this subsection shall become part of the court record and shall be accessible to the public, regardless of whether the magistrate orders disclosure with appropriate redactions, if any, or sealing of the requested affidavit or sworn testimony.

Sec. 2. K.S.A. 2025 Supp. 22-2302 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.

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I hereby certify that the above Bill originated in the House, and was adopted by that body

House adopted
Conference Committee Report

Speaker of the House.

Chief Clerk of the House.

Passed the Senate
as amended

Senate adopted
Conference Committee Report

President of the Senate.

Secretary of the Senate.

Approved

Governor.