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SENATE BILL No. 358
AN A CT concerning crimes, punishment and criminal procedure; relating to release of
persons after conviction; requiring persons convicted of certain felonies to be held
without bond in the county jail until sentencing; amending K.S.A. 22-2804 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 22-2804 is hereby amended to read as follows:
22-2804. (a) (1) Except as provided in subsection (a)(2), a person who
has been convicted of a crime and is either awaiting sentence or has
filed a notice of appeal may be released by the district court under the
conditions provided in K.S.A. 22-2802, and amendments thereto, if the
court or judge finds that the conditions of release will reasonably assure
that the person will not flee or pose a danger to any other person or to
the community.
(2) If the person has been convicted of any off-grid felony, any
person felony ranked in severity level 1, 2, 3 or 4 of the nondrug grid
as provided in K.S.A. 21-6804, and amendments thereto, or any felony
ranked in severity level 1 or 2 of the drug grid as provided in K.S.A.
21-6805, and amendments thereto, the following shall apply:
(A) If such person was released on bond prior to trial, such bond
shall be revoked immediately and such person shall be remanded and
held without bond in the county jail until sentencing; and
(B) if such person was in custody without having posted bond
prior to trial, such person's bond shall be modified immediately so that
such person is held without bond and remains in the county jail until
sentencing.
(b) A person who has been convicted of a crime and has filed a
notice of appeal to the supreme court or court of appeals shall make
application to be released to the court whose judgment is appealed from
or to a judge thereof. If an application to such court or judge has been
made and denied or action on the application did not afford the relief
sought by the applicant, the applicant may make an application for
release to the appellate court. An application to the appellate court or a
justice or judge thereof shall state the disposition of the application
made by the district court or judge. Any application made under this
subsection shall be heard after reasonable notice to the prosecuting
attorney. Such notice shall be given not less than one day prior to the
hearing. Any appearance bond which that may be required under this
subsection shall be filed in the court from which the appeal was taken.
(3)(c) A person who has been convicted of a crime before a
district magistrate judge may, upon taking an appeal to a district judge,
apply to be released as provided herein. If the application is made
before the case has been referred to the chief judge for assignment, the
conditions of release shall be determined by the district magistrate
judge from whom the appeal is taken. If the application is made
thereafter, the chief judge or the district judge to whom the case has
been assigned shall determine the conditions of release. Any
appearance bond which that may be required under this subsection
shall be deposited in the court where it is fixed.
Sec. 2. K.S.A. 22-2804 is hereby repealed.
SENATE BILL No. 358—page 2
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
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.