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As Amended by Senate Committee
Session of 2026
SENATE BILL No. 481
By Committee on Judiciary
2-4
AN ACT concerning courts; establishing procedures in the Kansas code of
procedure for municipal courts related to determination of an accused
person's competency to stand trial; authorizing a municipal judge to
order an examination; authorizing a district court judge to rely on a
psychiatric or psychological examination ordered by a municipal court
to facilitate an examination; amending K.S.A. 12-4113 and 22-3302
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) At any time after a defendant has been served with
the complaint and before the satisfaction of sentence, if the municipal
judge before whom the proceedings are pending finds that there is reason
to believe that such defendant is incompetent to stand trial, all speedy trial
requirements shall be suspended and, after a hearing, the court may order a
psychiatric or psychological examination of such defendant in accordance
with this section.
(b) To facilitate a psychiatric or psychological examination, the court
may order that an examination and report be completed by:
(1) An appropriate state, county or private institution or facility;
(2) a licensed physician or psychologist who is qualified through
training or experience; or
(3) an examiner from a list of competency examiners used in the
district court where the municipal court is located.
(c) No statement made by a defendant during any examination
provided for by this section, whether or not such defendant consents to the
examination, shall be admitted in evidence against such defendant in any
criminal proceeding.
(d) The costs for an examination ordered pursuant to this section shall
be paid from municipal court funds or the general fund of the municipality.
(e) An examination ordered pursuant to this section shall be
completed within 60 days of the court's order for such examination to
determine the defendant's competency.
(f) Before the expiration of the 60-day examination period, an
examiner approved by the court to examine a defendant shall certify to the
court whether such defendant is competent to stand trial.
(g) Upon notification of certification to the court that a defendant
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subject to examination under this section has been found determined by
the examiner to be competent to stand trial, the suspended proceedings
shall resume.
(h) If the examination shows that a defendant is incompetent to stand
trial, the court shall conduct a hearing to determine competency of such
defendant.Upon certification to the court that a defendant subject to
examination under this section has been determined by the examiner to
be incompetent to stand trial, the court shall conduct a hearing to make
a finding in writing regarding the competency of such defendant. Such
defendant shall be present for any hearing to determine competency.
(i) If the court determines finds that a defendant is incompetent to
stand trial, the criminal charges against such defendant shall be dismissed
without prejudice and the city attorney may:
(1) File a petition pursuant to K.S.A. 59-2945 et seq., and
amendments thereto, in the appropriate district court; or
(2) request that the district attorney or county attorney review the
case for the filing of a complaint in the district court.
(j) If the city attorney receives credible information that a
defendant who was previously found to be incompetent to stand trial has
regained competency, the city attorney may refile the charges within the
applicable statute of limitations.
(k) If a charge is refiled by the city attorney pursuant to subsection
(j), the court shall conduct a hearing to make a finding in writing
regarding the current state of the defendant's competency. The
defendant shall be present for any hearing to determine competency.
(l) This section shall be a part of and supplemental to the Kansas code
of procedure for municipal courts.
Sec. 2. K.S.A. 12-4113 is hereby amended to read as follows: 12-
4113. As used in this act:
(a) "Appearance bond" means an undertaking, with or without
security, entered into by a person in custody by which the person is bound
to comply with the conditions of the undertaking.
(b) "Accused person" means a person, corporation or other legal
entity accused by a complaint of the violation of a city ordinance.
(c) "Arraignment" means the formal act of calling the person accused
of violating an ordinance before the municipal court to inform the person
of the offense with which the person is charged, to ask the person whether
the person is guilty or not guilty and, if guilty, to impose sentence.
(d) "Arrest" means the taking of a person into custody in order that
the person will appear to answer for the violation of an ordinance. The
giving of a notice to appear is not an arrest.
(e) "Bail" is the security given for the purpose of insuring compliance
with the terms of an appearance bond.
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(f) "City attorney" means any attorney who represents the city in the
prosecution of an accused person for the violation of a city ordinance.
(g) "Complaint" means a sworn written statement, or a written
statement by a law enforcement officer, of the essential facts constituting a
violation of an ordinance.
(h) "Custody" means the restraint of a person pursuant to an arrest.
(i) "Detention" means the temporary restraint of a person by a law
enforcement officer.
(j) "Law enforcement officer" means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order and to make arrests for violation of the laws of the state of
Kansas or ordinances of any municipality thereof.
(k) "Notice to appear" is a written notice to a person accused by a
complaint of having violated an ordinance of a city to appear at a stated
time and place to answer to the charge of the complaint.
(l) "Subpoena" is a process issued by the court to cause a witness to
appear and give testimony at a time and place therein specified.
(m) "Ordinance traffic infraction" is a violation of an ordinance that
proscribes or requires the same behavior as that proscribed or required by
a statutory provision that is classified as a traffic infraction in K.S.A. 8-
2118, and amendments thereto.
(n) "Warrant" is a written order made by a municipal judge directed
to any law enforcement officer commanding the officer to arrest the person
named or described in it.
(o) "Ordinance cigarette or tobacco infraction" is a violation of an
ordinance that proscribes the same behavior as proscribed by subsection
(m) or (n) of K.S.A. 79-3321(m) or (n), and amendments thereto.
(p) A person is "incompetent to stand trial" when such person is
charged with a crime and, because of mental illness or defect, is unable
to:
(1) Understand the nature and purpose of the proceedings against
such person; or
(2) make or assist in making such person's defense.
(q) "Treatment provider" means any mental health center or clinic,
psychiatric unit of a medical care facility, psychologist, physician or other
institution or person authorized or licensed by law to provide either
inpatient or outpatient treatment to any patient.
Sec. 3. K.S.A. 22-3302 is hereby amended to read as follows: 22-
3302. (a) At any time after the defendant has been charged with a crime
and before pronouncement of sentence, the defendant, the defendant's
counsel or the prosecuting attorney may request a determination of the
defendant's competency to stand trial. If, upon the request of either party
or upon the judge's own knowledge and observation, the judge before
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whom the case is pending finds that there is reason to believe that the
defendant is incompetent to stand trial, the proceedings shall be suspended
and a hearing conducted to determine the competency of the defendant.
(b) If the defendant is charged with a felony, the hearing to determine
the competency of the defendant shall be conducted by a district judge.
(c) (1) The court shall determine the issue of competency and may
impanel a jury of six persons to assist in making the determination. The
court may order a psychiatric or psychological examination of the
defendant. To facilitate the examination, the court may:
(A) Order that an evaluation be completed by an appropriate state,
county or private institution or facility to be conducted in person or by use
of available electronic means while the defendant is in jail, at any secure
location or on pretrial release;
(B) designate an appropriate state, county or private institution or
facility to conduct the examination while the defendant is in jail, at any
secure location or on pretrial release; or
(C) appoint a licensed physician who is qualified through training or
experience or a licensed psychologist to examine the defendant and report
to the court; or
(D) rely on the psychiatric or psychological examination ordered by
a municipal court to find a defendant incompetent to stand trial.
(2) If the court orders the defendant committed to an institution or
facility for the examination, the commitment shall be for a period not to
exceed 60 days from the date of admission or until the examination is
completed, whichever is the shorter period of time. No statement made by
the defendant in the course of any examination provided for by this
section, whether or not the defendant consents to the examination, shall be
admitted in evidence against the defendant in any criminal proceeding.
(3) Before the expiration of the 60-day evaluation period, the
professional approved by the court to examine the defendant or, if the
defendant is committed for inpatient examination, the chief medical officer
or head of the appropriate institution or facility shall certify to the court
whether the defendant is competent to stand trial.
(4) Upon notification of the court that a defendant committed for
psychiatric or psychological examination under this subsection has been
found competent to stand trial, the court shall order that the defendant be
returned no later than seven days after receipt of the notice for proceedings
under this section. If the defendant is not returned within that time, the
county where the proceedings will be held shall pay the costs of
maintaining the defendant at the institution or facility for the period of
time the defendant remains at the institution or facility in excess of the
seven-day period.
(d) If the defendant is found to be competent, the proceedings that
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have been suspended shall be resumed. If the proceedings were suspended
before or during the preliminary examination, the judge who conducted the
competency hearing may conduct a preliminary examination or, if a
district magistrate judge was conducting the proceedings prior to the
competency hearing, the judge who conducted the competency hearing
may order the preliminary examination to be heard by a district magistrate
judge.
(e) If the defendant is found to be incompetent to stand trial, the court
shall proceed in accordance with K.S.A. 22-3303, and amendments
thereto.
(f) If proceedings are suspended and a hearing to determine the
defendant's competency is ordered after the defendant is in jeopardy, the
court may either order a recess or declare a mistrial.
(g) The defendant shall be present personally at all proceedings under
this section.
Sec. 4. K.S.A. 12-4113 and 22-3302 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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