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Session of 2026
HOUSE BILL No. 2610
By Committee on Judiciary
Requested by Representative L. Williams
2-2
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
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(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;
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(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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