Statute 21-1803: Duty of officers when offense about to be committed under
21-1801; penalty for failure.
When any sheriff, marshal or other police officer has reason to believe
or has knowledge of facts sufficient to induce the belief that any person
within the municipality over which the jurisdiction of such sheriff,
marshal or other police officer extends is about to commit any offense
defined in
K.S.A. 21-1801, he shall forthwith arrest such person, and take
him before any judge mentioned in
K.S.A. 21-1802, as amended, and give
notice to the county or district attorney for the county in which such
offense is about to be committed, who shall immediately attend before such
officer, and, upon the proper affidavit or complaint being filed, prosecute
such cause; and the subsequent proceedings in such cause shall be the same
as those provided in
K.S.A. 21-1802, as amended. The failure or neglect of
any sheriff, marshal or other police officer to perform any duty imposed
upon him by the provisions of this act shall work a forfeiture of his
office, and it shall be the duty of the county or district attorney for
such county to cause such forfeiture to be adjudged and such officer
removed from his office, by a proper civil action brought for that purpose
in the district court of such county.
History: L. 1901, ch. 274, § 3; R.S. 1923, 21-1803; L. 1974, ch. 446, § 9;
July 1.