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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;
HOUSE BILL No. 2651—page 2
(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.
HOUSE BILL No. 2651—page 3
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.
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.