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Session of 2026
HOUSE BILL No. 2529
By Committee on Judiciary
Requested by Representative Lewis on behalf of Phillip Cosby
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AN ACT concerning criminal procedure; relating to grand juries;
modifying procedures for the citizen petition process to impanel a
citizen grand jury; providing for judicial review of such petitions prior
to obtaining signatures; creating a misdemeanor crime for knowingly
making a false statement or offering any benefit as consideration to
induce a person to sign or remove a signature from such petitions;
limiting criminal liability for good faith conduct by the person who
initiates such petitions and any person who signs such petitions;
prohibiting diversion agreements related to a true bill of indictment
found by a citizen grand jury; amending K.S.A. 22-2909, 22-3001, 22-
3002, 22-3005, 22-3007, 22-3008, 22-3011 and 22-3015 and repealing
the existing sections.
WHEREAS, A citizen grand jury by petition serves as an independent,
legal pathway and direct mechanism for ordinary citizens to seek a formal
criminal investigation when they believe that public officials, institutions
or prosecutorial authorities are failing or unwilling to properly address
wrongdoing; and
WHEREAS, The citizen grand jury by petition process is designed to
ensure access to justice even when traditional systems may not respond
and to give people a constitutional and statutory tool to ensure that
allegations of serious misconduct receive a fair hearing, even if those in
power resist investigation; and
WHEREAS, Thomas Jefferson wrote "I know no safe depository of the
ultimate powers of the society, but the people themselves: and if we think
them not enlightened enough to exercise their controul with a wholsome
discretion, the remedy is, not to take it from them, but to inform their
discretion by education."
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 22-3001 is hereby amended to read as follows: 22-
3001. (a) Grand jury by judiciary . A majority of the district judges in any
judicial district may order a grand jury to be summoned in any county in
the district when it is determined to be in the public interest.
(b) Grand jury by prosecuting attorney. The district or county
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HB 2529 2
attorney in such attorney's county may petition the chief judge or the chief
judge's designee in such district court to order a grand jury to be
summoned in the designated county in the district to consider any alleged
felony law violation, including any alleged misdemeanor law violation
which that arises as part of the same criminal conduct or investigation. The
attorney general in any judicial district may petition the chief judge or the
chief judge's designee in such judicial district to order a grand jury to be
summoned in the designated county in the district to consider any alleged
felony law violation, including any alleged misdemeanor law violation
which that arises as part of the same criminal conduct or investigation, if
authorized by the district or county attorney in such judicial district or if
jurisdiction is otherwise authorized by law. The chief judge or the chief
judge's designee in the district court of the county shall then consider the
petition and, if it is found that the petition is in proper form, as set forth in
this subsection, shall order a grand jury to be summoned within 15 days
after receipt of such petition.
(c) Citizen grand jury by petition. (1) A grand jury shall be
summoned in any county within 60 days after a citizen petition praying
therefor described in this subsection is presented to the district court,
bearing the signatures of a number of electors equal to 100 plus 2% of the
total number of votes cast for governor in the county in the last preceding
election.
(2) The petition, upon its face, shall state the name, address and
phone number of the person filing the such petition, the subject matter of
the prospective citizen grand jury by petition, a reasonably specific
identification of areas to be inquired into and sufficient general allegations
to warrant a finding that such inquiry may lead to information which that,
if true, would warrant a true bill of indictment.
(3) (A) The petition shall be in substantially the following form:
The undersigned qualified electors of the county of ______________
and state of Kansas hereby request that the district court of
______________ county, Kansas, within 60 days after the filing of this
petition, cause a citizen grand jury by petition to be summoned in the
county to investigate alleged violations of law and to perform such other
duties as may be authorized by law.
(B) (i) Any person or organization that intends to circulate a citizen
petition as provided in this subsection shall file a copy of such petition
with the clerk of the district court prior to obtaining any signatures on
such petition.
(ii) Within five days immediately following the date of such filing,
excluding Saturdays, Sundays and legal holidays, a judge of the district
court of the county shall enter an order stating whether the petition, upon
its face, meets the requirements described in subsection (c)(2). If the judge
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finds that such petition is deficient in any manner, the order shall set forth
each deficiency found by the judge and allow the person or organization
who filed such petition to file an amended petition within five days
immediately following the date of such order, excluding Saturdays,
Sundays and legal holidays. Within five days immediately following the
date of filing an amended petition, excluding Saturdays, Sundays and legal
holidays, a judge of the district court of the county shall enter an order
stating whether the petition, upon its face, meets the requirements
described in subsection (c)(2). If the judge finds that such petition is
deficient in any manner, the order shall quash such petition and set forth
each deficiency found by the judge. If the judge finds that the citizen
petition or the amended petition is sufficient and meets the requirements
described in subsection (c)(2), the petition may be circulated for
signatures.
(C) (i) The signatures to the petition need not all be affixed to one
paper, but each paper to which signatures are affixed shall have
substantially the foregoing form written or printed at the top thereof. Each
signer shall add to such signer's signature such signer's place of residence,
giving the street and number or rural route number, if any. One of the
signers of each paper shall verify upon oath that each signature appearing
on the paper is the genuine signature of the person whose name it such
signer purports to be and that such signer believes that the statements in
the such petition are true.
(ii) The petition shall be filed in the office of with the clerk of the
district court, who shall forthwith immediately transmit it such petition to
the county election officer, who shall determine whether the persons
whose signatures are affixed to the such petition are qualified electors of
the county. Thereupon, the county election officer shall return the such
petition to the clerk of the district court, together with such election
officer's certificate stating the number of qualified electors of the county
whose signatures appear on the such petition and the aggregate number of
votes cast for all candidates for governor in the county in the last
preceding election.
(iii) The judge or judges of the district court of the county shall then
consider the such petition and, if it is found that the such petition is in
proper form and bears the signatures of the required number of electors, a
citizen grand jury by petition shall be ordered to be summoned. If a grand
jury is not summoned because of a finding that the petition, substantially
in the form required by this subsection on its face, is not in proper form,
the person who filed the petition and whose name, address and phone
number appear on the face of each petition shall have the right to appeal
the decision to not summon a grand jury as a final judgment pursuant to
K.S.A. 22-3601, and amendments thereto.
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(4) A person shall not knowingly make a false statement or offer any
benefit as consideration to induce a person to sign a citizen petition or
remove a signature from a citizen petition. Violation of this paragraph is a
class C nonperson misdemeanor.
(5) After a citizen grand jury by petition is summoned pursuant to this
subsection, but before it begins deliberations, the judge or judges of the
district court of the county in which the where such petition is presented
shall provide instructions to the such grand jury regarding its such grand
jury's conduct and deliberations, which instructions shall include, but not
be limited to, the following:
(A) You have been impaneled as a citizen grand jury by petition
pursuant to a citizens' citizen petition filed in this court, signed by (insert
number) qualified electors of this county, stating (insert the subject matter
described in the such petition, including a reasonably specific
identification of the areas to be inquired into and the allegations sufficient
to warrant a finding that the grand jury's inquiry may lead to information
which that , if true, would warrant a true bill of indictment). You are
charged with making inquiry with regard to this subject matter and
determining whether the facts support allegations warranting a true bill of
indictment.
(B) The person filing the citizens' petition filed who filed the citizen
petition in this court must be the first witness you call for the purpose of
presenting evidence and testimony as to the subject matter and allegations
of the such petition.
(C) You may, with the approval of this court, employ special counsel
and investigators, and incur such other expense for services and supplies
as you and this court deem necessary. Any special counsel or investigator
you employ shall be selected by a majority vote of your citizen grand jury
by petition . You may make such selection only after hearing testimony
from the initiating person who filed the citizens' citizen petition. You may
utilize the services of any special counsel or investigator you employ
instead of, or in addition to, the services of the prosecuting attorney.
(D) If any witness duly summoned to appear and testify before you
fails or refuses to obey, compulsory process will be issued by this court to
enforce the witness' attendance.
(E) If any witness appearing before you refuses to testify or to answer
any questions asked in the course of the witness' examination, you shall
communicate that fact to this court in writing, together with a statement
regarding the question that the witness refuses to answer. This court will
determine and inform you of whether the witness is bound to answer or
not. However, no witness appearing before you can be compelled to make
any statement which that will incriminate such witness.
(F) Any person may file a written request with the prosecuting
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HB 2529 5
attorney or with the foreman of the grand jury foreperson and request to
testify or retestify in an inquiry before a grand jury you or to appear before
a grand jury you . Any written request shall include a summary of such
person's written testimony.
(G) At the conclusion of your inquiry and determination, you will
return either a no bill of indictment or a true bill of indictment.
(6) (A) The initiating person shall be the first witness called by the
grand jury and shall present evidence and testimony as to the subject
matter and allegations of the such petition.
(B) No prosecuting attorney shall be present before the initiating
person is called as the first witness and completes their testimony.
(C) The grand jury may, with the approval of the court, employ
special counsel and investigators by a majority vote of such grand jury
only after the initiating person is called as the first witness and completes
such person's testimony.
(7) The initiating person and any person who signs a citizen petition
shall have presumptive immunity and shall not be subject to criminal
prosecution for any good faith conduct related to a citizen petition or a
citizen grand jury by petition pursuant to this article.
(d) TheAny grand jury described in this section shall consist of 15
members and shall be drawn, qualified and summoned in the same manner
as petit jurors for the district court. Twelve members thereof shall
constitute a quorum. The judge or judges ordering the grand jury shall
direct that a sufficient number of legally qualified persons be summoned
for service as grand jurors.
(e) (1) In the case of grand juries If a citizen grand jury by petition is
impaneled pursuant to subsection (c), the judge or judges ordering the
such grand jury shall allow the initiating person that filed the petition
under the provisions of subsection (c)(2), and such person's attorney , to
witness the instructions to the such grand jury regarding its such grand
jury's conduct and deliberations pursuant to subsection (c)(4) (c)(5).
(2) If a citizen petition is filed pursuant to subsection (c) and such
petition is quashed or a citizen grand jury by petition is not summoned or
impaneled because of a finding that such petition, substantially in the form
required by subsection (c) on its face, is not in proper form, the initiating
person shall have the right to appeal such decision as a final judgment
pursuant to K.S.A. 22-3601, and amendments thereto.
(3) If a court decides an issue related to the procedures or
management of a citizen grand jury by petition that the initiating person
alleges is contrary to law, including, but not limited to, a decision to
employ any special counsel or investigator prior to selection by a majority
vote of such grand jury after hearing testimony from the initiating person
as required by K.S.A. 22-3006, and amendments thereto, the initiating
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person shall have the right to appeal such decision as a final judgment
pursuant to K.S.A. 22-3601, and amendments thereto, upon completion of
such grand jury's investigation as provided in K.S.A. 22-3013, and
amendments thereto.
(f) As used in this section, "initiating person" means the person who
files a citizen petition described in subsection (c) and whose name,
address and phone number appear on the face of such petition.
Sec. 2. K.S.A. 22-3002 is hereby amended to read as follows: 22-
3002. (a) (1) Except as provided further, the prosecuting attorney may
challenge the array of jurors on the ground that the grand jury was not
selected, drawn or summoned in accordance with law , and may challenge
an individual juror on the ground that the juror is not legally qualified.
Challenges by the state shall be made before the administration of the oath
to the jurors and shall be tried by the court.
(2) Within 10 days after a citizen petition is filed with a court
pursuant to K.S.A. 22-3001(c), and amendments thereto, the initiating
person as defined in K.S.A. 22-3001, and amendments thereto, shall
submit the names of three attorneys licensed to practice law in Kansas to
the court. If a citizen grand jury by petition is impaneled pursuant to
K.S.A. 22-3001(c), and amendments thereto, the court shall select one of
such attorneys, instead of the prosecuting attorney, and such attorney may
challenge the array of jurors on the ground that the grand jury was not
selected, drawn or summoned in accordance with law and may challenge
an individual juror on the ground that the juror is not legally qualified.
Such challenges shall be made before the administration of the oath to the
jurors and shall be tried by the court.
(b) A motion to dismiss the indictment made by the defendant may be
based on objections to the array or on the lack of legal qualification of an
individual juror. An indictment shall not be dismissed on the ground that
one or more members of the grand jury were not legally qualified if it
appears from the record kept pursuant to K.S.A. 22-3004, and amendments
thereto, that 12 or more jurors, after deducting the jurors not legally
qualified, concurred in finding the indictment.
(c) After the prosecutor has conducted an examination of the
prospective grand jurors under this section, a list of all remaining legally
qualified grand jurors shall be approved by the court and submitted to the
clerk of the court of such county for a second drawing of grand juror
names pursuant to K.S.A. 43-107, and amendments thereto.
Sec. 3. K.S.A. 22-3005 is hereby amended to read as follows: 22-
3005. (a) (1) When a grand jury is impaneled and sworn, it such grand
jury shall be charged by the judge who summoned it such grand jury. In so
doing, the judge shall give the grand jurors such information as the judge
deems proper and as is required by law, as to their duties, and as to any
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HB 2529 7
charges of crimes known to the court and likely to come before the grand
jury.
(2) When a citizen grand jury by petition is impaneled pursuant to
K.S.A. 22-3001(c), and amendments thereto, and sworn, the initiating
person as defined in K.S.A. 22-3001, and amendments thereto, and such
person's attorney, shall be allowed to witness the information and
instructions given to such grand jury pursuant to this subsection.
(b) When the a grand jury has been impaneled, sworn and charged, it
such grand jury shall retire to a private room , and inquire into the crimes
cognizable by it such grand jury.
Sec. 4. K.S.A. 22-3007 is hereby amended to read as follows: 22-
3007. (a) In the case of grand juries a grand jury by judiciary impaneled
pursuant to subsection (a) or (c) of K.S.A. 22-3001 (a), and amendments
thereto, the prosecuting attorney shall:
(1) When requested by any a majority vote of the grand jury, attend
sessions thereof for the purpose of examining witnesses or giving the
grand jury advice upon any legal matter; and
(2) upon such attorney's request, be permitted to appear before the
grand jury for the purpose of giving information relative to any matter
cognizable by the grand jury, and may be permitted to interrogate
witnesses if the grand jury deems it such interrogation necessary by a
majority vote.
(b) In the case of grand juries a grand jury by prosecuting attorney
impaneled pursuant to subsection (b) of K.S.A. 22-3001 (b), and
amendments thereto, the prosecuting attorney shall:
(1) Attend all sessions thereof and inform the grand jury of all
offenses liable to indictment and evidence of which will be presented to
them for consideration;
(2) present witnesses and examine such witnesses on all matters to be
considered by the grand jury; and
(3) give the grand jury advice upon all questions related to the proper
discharge of their such grand jury's duties.
(c) In the case of a citizen grand jury by petition impaneled pursuant
to K.S.A. 22-3001(c), and amendments thereto, the prosecuting attorney:
(1) Shall, when requested by a majority vote of the grand jury, attend
sessions thereof for the purpose of examining witnesses or giving the
grand jury advice upon any legal matter; and
(2) may, upon such attorney's request and if the grand jury deems it
necessary by a majority vote, be permitted to:
(A) Appear before the grand jury for the purpose of giving
information relative to any matter cognizable by the grand jury; and
(B) interrogate witnesses.
Sec. 5. K.S.A. 22-3008 is hereby amended to read as follows: 22-
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HB 2529 8
3008. (a) (1) Whenever required by any grand jury, its such grand jury's
presiding juror or the prosecuting attorney, the clerk of the court in which
the jury is impaneled shall issue subpoenas and other process to bring
witnesses to testify before the grand jury. The person who filed the petition
(2) In the case of a citizen grand jury by petition impaneled pursuant
to K.S.A. 22-3001 (c), and amendments thereto, the initiating person as
defined in K.S.A. 22-3001, and amendments thereto, shall be the first
witness called by the such grand jury for the purpose of presenting
evidence and testimony as to the subject matter and allegations of the
citizen petition.
(b) If any witness duly summoned to appear and testify before a
grand jury fails or refuses to obey, compulsory process shall be issued to
enforce the witness' attendance, and the court may punish the delinquent in
the same manner and upon the same proceedings as provided by law for
disobedience of a subpoena issued out of the court in other cases.
(c) If any witness appearing before a grand jury refuses to testify or to
answer any questions asked in the course of the witness' examination, the
fact shall be communicated to a district judge of the judicial district in
writing, on which the question refused to be answered shall be stated. The
judge shall then determine whether the witness is bound to answer or not,
and the grand jury shall be immediately informed of the decision.
(d) No witness before a grand jury shall be required to incriminate the
witness' self.
(e) (1) The county or district attorney, or the attorney general, at any
time, on behalf of the state, and the district judge, upon determination that
the interest of justice requires, and after giving notice to the prosecuting
attorney and hearing the prosecuting attorney's recommendations on the
matter, may grant in writing to any person:
(A) Transactional immunity. Any person granted transactional
immunity shall not be prosecuted for any crime which that has been
committed for which such immunity is granted or for any other
transactions arising out of the same incident.
(B) Use and derivative immunity. Any person granted use and
derivative use immunity may be prosecuted for any crime, but the state
shall not use any testimony against such person provided under a grant of
such immunity or any evidence derived from such testimony. Any
defendant may file with the court a motion to suppress , in writing , to
prevent the state from using evidence on the grounds that the evidence was
derived from and obtained against the defendant as a result of testimony or
statements made under such grant of immunity. The motion shall state
facts supporting the allegations. Upon a hearing on such motion, the state
shall have the burden to prove by clear and convincing evidence that the
evidence was obtained independently and from a collateral source.
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(2) Any person granted immunity under either or both of subsections
subsection (e)(1)(A) or (e)(1)(B) may not refuse to testify on grounds that
such testimony may self incriminate unless such testimony may form the
basis for a violation of federal law for which immunity under federal law
has not been conferred. No person shall be compelled to testify in any
proceeding where in which the person is a defendant.
(3) No immunity shall be granted for perjury as provided in K.S.A.
21-5903, and amendments thereto, which that was committed in giving
such evidence.
(f) If the judge determines that the witness must answer and if the
witness persists in refusing to answer, the witness shall be brought before
the judge, who shall proceed in the same manner as if the witness had been
interrogated and had refused to answer in open court.
(g) (1) In the case of a grand jury by judiciary impaneled pursuant to
K.S.A. 22-3001(a), and amendments thereto, or a grand jury by
prosecuting attorney impaneled pursuant to K.S.A. 22-3001(b), and
amendments thereto, any person may file a written request with the
prosecuting attorney or with the foreman foreperson of the grand jury and
request to testify or retestify in an inquiry before a the grand jury or to
appear before a the grand jury.
(2) In the case of a citizen grand jury by petition impaneled pursuant
to K.S.A. 22-3001(c), and amendments thereto, any person may file a
written request with the foreperson of the grand jury and request to testify
or retestify in an inquiry before the grand jury or to appear before the
grand jury.
(3) Any written request shall include a summary of such person's
written testimony.
Sec. 6. K.S.A. 22-3011 is hereby amended to read as follows: 22-
3011. (a) An indictment may be found only on the concurrence of 12 or
more grand jurors. When an indictment is found, the presiding juror shall
endorse thereon "a true bill" and shall sign the presiding juror's name as
presiding juror or sign the indictment "Presiding Grand Juror."
(b) When 12 or more grand jurors do not concur in finding an
indictment, the presiding juror shall certify that the indictment is "not a
true bill."
(c) Indictments found by the grand jury shall be presented by its such
grand jury's presiding juror, in the jury's presence, to the court and shall be
filed and remain as records of the court.
(d) (1) A If an indictment is found by a citizen grand jury by petition
impaneled pursuant to K.S.A. 22-3001(c), and amendments thereto, within
30 days after such indictment is found, the prosecuting attorney shall
notify the court and the presiding juror, in writing, of the prosecuting
attorney's decision to prosecute the case arising from such indictment. If
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HB 2529 10
the prosecuting attorney notifies the court and the presiding juror that the
decision is to not prosecute the case, or the prosecuting attorney fails to
notify the court and the presiding juror as required by this subsection, the
court shall summon and reconvene the grand jury within 30 days after
such occurrence. The grand jury may, by a majority vote, request that the
attorney general prosecute the case arising from such indictment.
(2) Notwithstanding the provisions of subsection (d)(1), the citizen
grand jury may , by a majority vote, request that the attorney general
prosecute the case arising from an indictment found by such grand jury if,
in the opinion of a majority of the grand jury, the prosecuting attorney
would not diligently prosecute such case.
(3) If a majority of a citizen grand jury votes to request that the
attorney general prosecute the case arising from an indictment found by
such grand jury pursuant to this subsection, the court shall notify the
attorney general of such request and the attorney general may prosecute
such case.
(4) Notwithstanding any other provision of law, the attorney general
and any county or district attorney shall not enter into a diversion
agreement related to a true bill of indictment found by a citizen grand jury
impaneled pursuant to K.S.A. 22-3001(c), and amendments thereto.
Sec. 7. K.S.A. 22-3015 is hereby amended to read as follows: 22-
3015. (a) Matters of form, time, place, names. At any time before or during
trial, the court may, upon application of the prosecuting attorney and with
notice to the defendant and opportunity for the defendant to be heard,
order the amendment of an indictment with respect to defects, errors or
variances from the proof relating to matters of form, time, place and names
of persons when if such amendment does not change the substance of the
charge, and does not prejudice the defendant on the merits. Upon ordering
an amendment, the court, for good cause shown, may grant a continuance
to provide the defendant adequate opportunity to prepare a defense.
(b) Prohibition as to matters of substance, exception.
(1) An indictment shall not be amended as to the substance of the
offense charged, except as provided further.
(2) The court may, upon application of the prosecuting attorney and
with notice to the defendant and opportunity for the defendant to be heard,
order the substance of an indictment to be amended for the limited purpose
of effecting a change of plea by the defendant pursuant to a plea agreement
reached between the defendant and the prosecuting attorney. The
provisions of this paragraph shall apply only to an indictment found by a
grand jury impaneled pursuant to K.S.A. 22-3001 (a) or (b), and
amendments thereto, and shall not apply to an indictment found by a
citizen grand jury by petition impaneled pursuant to K.S.A. 22-3001 (c),
and amendments thereto.
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(c) This section shall be a part of and supplemental to article 30 of
chapter 22 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 8. K.S.A. 22-2909 is hereby amended to read as follows: 22-
2909. (a) (1) A diversion agreement shall provide that if the defendant
fulfills the obligations of the program described therein, as determined by
the attorney general or county or district attorney, such attorney shall act to
have the criminal charges against the defendant dismissed with prejudice.
The diversion agreement shall include specifically the waiver of all rights
under the law or the constitution of Kansas or of the United States to a
speedy arraignment, preliminary examinations and hearings , and a speedy
trial, and, in the case of diversion under subsection (c), waiver of the rights
to counsel and trial by jury. The diversion agreement may include, but is
not limited to, provisions concerning:
(A) Payment of restitution, including court costs and diversion costs;
(B) residence in a specified facility;
(C) maintenance of gainful employment;
(D) participation in programs offering medical, educational,
vocational, social and psychological services, corrective and preventive
guidance and other rehabilitative services; and
(E) supervision by the county or district attorney, or by court services
or community correctional services pursuant to a memorandum of
understanding entered into by the county or district attorney pursuant to
K.S.A. 22-2907, and amendments thereto, including the diversion
supervision fee and urinalysis costs described in K.S.A. 22-2907, and
amendments thereto, when applicable.
(2) If a county creates a local fund under the property crime
restitution and compensation act, a county or district attorney may require
in all diversion agreements as a condition of diversion the payment of a
diversion fee in an amount not to exceed $100. Such fees shall be
deposited into the local fund and disbursed pursuant to recommendations
of the local board under the property crime restitution and victims
compensation act.
(3) If the attorney general enters into a diversion agreement:
(A) Any diversion costs or fees collected pursuant to such agreement
shall be deposited in the fraud and abuse criminal prosecution fund
established by K.S.A. 75-765, and amendments thereto; and
(B) the attorney general may enter into agreements with the
appropriate county or district attorney or other appropriate parties
regarding the supervision of conditions of such diversion agreement.
(b) The diversion agreement shall state:
(1) The defendant's full name;
(2) the defendant's full name at the time the complaint was filed, if
different from the defendant's current name;
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(3) the defendant's sex, race and date of birth;
(4) the crime with which the defendant is charged;
(5) the date the complaint was filed; and
(6) the district court with which the agreement is filed.
(c) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging a violation of K.S.A. 8-1567, and
amendments thereto, the diversion agreement shall include a stipulation,
agreed to by the defendant, the defendant's attorney if the defendant is
represented by an attorney and the attorney general or county or district
attorney, of the facts upon which the charge is based and a provision that if
the defendant fails to fulfill the terms of the specific diversion agreement
and the criminal proceedings on the complaint are resumed, the
proceedings, including any proceedings on appeal, shall be conducted on
the record of the stipulation of facts relating to the complaint. In addition,
the agreement shall include a requirement that the defendant:
(1) Pay a fine specified by the agreement in an amount equal to an
amount authorized by K.S.A. 8-1567, and amendments thereto, for a first
offense or, in lieu of payment of the fine, perform community service
specified by the agreement, in accordance with K.S.A. 8-1567, and
amendments thereto; and
(2) participate in an alcohol and drug evaluation conducted by a
licensed provider pursuant to K.S.A. 8-1008, and amendments thereto, and
follow any recommendation made by the provider after such evaluation.
(d) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging a domestic violence offense, as
defined in K.S.A. 21-5111, and amendments thereto, the diversion
agreement shall include a requirement that the defendant undergo a
domestic violence offender assessment and follow all recommendations
unless otherwise agreed to with the prosecutor in the diversion agreement.
The defendant shall be required to pay for such assessment and, unless
otherwise agreed to with the prosecutor in the diversion agreement, for
completion of all recommendations.
(e) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging a violation other than K.S.A. 8-1567,
and amendments thereto, the diversion agreement may include a
stipulation, agreed to by the defendant, the defendant's attorney if the
defendant is represented by an attorney and the attorney general or county
or district attorney, of the facts upon which the charge is based and a
provision that if the defendant fails to fulfill the terms of the specific
diversion agreement and the criminal proceedings on the complaint are
resumed, the proceedings, including any proceedings on appeal, shall be
conducted on the record of the stipulation of facts relating to the
complaint.
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(f) If the person entering into a diversion agreement is a nonresident,
the attorney general or county or district attorney shall transmit a copy of
the diversion agreement to the division. The division shall forward a copy
of the diversion agreement to the motor vehicle administrator of the
person's state of residence.
(g) If the attorney general or county or district attorney elects to offer
diversion in lieu of further criminal proceedings on the complaint and the
defendant agrees to all of the terms of the proposed agreement, the
diversion agreement shall be filed with the district court and the district
court shall stay further proceedings on the complaint. If the defendant
declines to accept diversion, the district court shall resume the criminal
proceedings on the complaint.
(h) Except as provided in subsection (i), if a diversion agreement is
entered into in lieu of further criminal proceedings alleging commission of
a misdemeanor by the defendant, while under 21 years of age, under
K.S.A. 21-5701 through 21-5717, and amendments thereto, or K.S.A. 41-
719, 41-727, 41-804, 41-2719 or 41-2720, and amendments thereto, the
agreement shall require the defendant to participate in an alcohol and drug
evaluation conducted by a licensed provider pursuant to K.S.A. 8-1008,
and amendments thereto, and follow any recommendation made by the
provider after such evaluation.
(i) If the defendant is 18 or more years of age but less than 21 years
of age and allegedly committed a violation of K.S.A. 41-727, and
amendments thereto, involving cereal malt beverage, the provisions of
subsection (h) are permissive and not mandatory.
(j) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging a violation of K.S.A. 21-6421, and
amendments thereto, the agreement:
(1) Shall include a requirement that the defendant pay a fine specified
by the agreement in an amount equal to an amount authorized by K.S.A.
21-6421, and amendments thereto; and
(2) may include a requirement that the defendant enter into and
complete a suitable educational or treatment program regarding
commercial sexual exploitation.
(k) Notwithstanding any other provision of law, the attorney general
and any county or district attorney shall not enter into a diversion
agreement related to a true bill of indictment found by a citizen grand jury
impaneled pursuant to K.S.A. 22-3001(c), and amendments thereto.
(l) Except for diversion agreements reported under subsection (l) (m),
the attorney general or county or district attorney shall forward to the
Kansas bureau of investigation a copy of the diversion agreement at the
time such agreement is filed with the district court. The copy of the
agreement shall be made available upon request to the attorney general or
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any county, district or city attorney or court.
(l)(m) At the time of filing the diversion agreement with the district
court, the attorney general or county or district attorney shall forward to
the division of vehicles of the state department of revenue a copy of any
diversion agreement entered into in lieu of further criminal proceedings on
a complaint alleging a violation of K.S.A. 8-1567, and amendments
thereto. The copy of the agreement shall be made available upon request to
the attorney general or any county, district or city attorney or court.
Sec. 9. K.S.A. 22-2909, 22-3001, 22-3002, 22-3005, 22-3007, 22-
3008, 22-3011 and 22-3015 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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