(2) A judge of the district court may in extreme cases, upon affidavits filed with such judge of the commission of a crime, order the county attorney to institute criminal proceedings against any person, but any such judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with any other judge appointed to preside therein.
History: L. 1970, ch. 129, § 22-2301; L. 1976, ch. 163, § 2; Jan. 10, 1977.
(2) Affidavits or sworn testimony in support of the probable cause requirement of this section shall not be made available for examination without a written order of the court, except that such affidavits or testimony when requested shall be made available to the defendant or the defendant's counsel for such disposition as either may desire.
History: L. 1970, ch. 129, § 22-2302; L. 1979, ch. 90, § 8; L. 1983, ch. 113, § 1; July 1.
(2) Except in traffic infraction and cigarette or tobacco infraction cases, when a prosecution is begun by the filing of an indictment or information, upon which the judge has made a finding of probable cause as provided in subsection (1), a warrant for the arrest of the defendant shall issue forthwith unless otherwise directed by the court. In felony and misdemeanor cases, the court may order that a summons issue instead of a warrant. In traffic infraction and cigarette or tobacco infraction cases the court shall order that a summons issue instead of a warrant.
History: L. 1970, ch. 129, § 22-2303; L. 1971, ch. 114, § 3; L. 1984, ch. 39, § 36; L. 1996, ch. 214, § 28; L. 2007, ch. 56, § 1; July 1.
(2) The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place. The summons shall be signed by the magistrate or the clerk of his court.
History: L. 1970, ch. 129, § 22-2304; July 1.
(2) The warrant may be executed or the summons may be served at any place within the jurisdiction of the state of Kansas.
(3) The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.
(4) The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address.
(5) The officer executing the warrant shall make return thereof to the magistrate before whom the defendant is brought. At the request of the prosecuting attorney any unexecuted warrant shall be returned to the magistrate by whom it was issued and shall be cancelled by him. On or before the date set for appearance the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable. At the request of the prosecuting attorney made at any time while the complaint is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to the officer or other authorized person for execution or service.
History: L. 1970, ch. 129, § 22-2305; July 1.
History: L. 1970, ch. 129, § 22-2306; July 1.
(b) Such written policies shall include, but not be limited to, the following:
(1) A statement directing that the officers shall make an arrest when they have probable cause to believe that a crime is being committed or has been committed;
(2) a statement defining domestic violence;
(3) a statement describing the dispatchers' responsibilities;
(4) a statement describing the responding officers' responsibilities and procedures to follow when responding to a domestic violence call and the suspect is at the scene;
(5) a statement regarding procedures when the suspect has left the scene of the crime;
(6) procedures for both misdemeanor and felony cases;
(7) procedures for law enforcement officers to follow when handling domestic violence calls involving court orders, including protection from abuse orders, restraining orders and a protective order issued by a court of any state or Indian tribe;
(8) a statement that the law enforcement agency shall provide the following information to victims, in writing:
(A) Availability of emergency and medical telephone numbers, if needed;
(B) the law enforcement agency's report number;
(C) the address and telephone number of the prosecutor's office the victim should contact to obtain information about victims' rights pursuant to K.S.A. 74-7333 and 74-7335 and amendments thereto;
(D) the name and address of the crime victims' compensation board and information about possible compensation benefits;
(E) advise the victim that the details of the crime may be made public;
(F) advise the victim of such victims' rights under K.S.A. 74-7333 and 74-7335 and amendments thereto; and
(G) advise the victim of known available resources which may assist the victim; and
(9) whether an arrest is made or not, a standard offense report shall be completed on all such incidents and sent to the Kansas bureau of investigation.
History: L. 1991, ch. 93, § 1; L. 1996, ch. 208, § 3; July 1.
History: L. 1991, ch. 93, § 2; L. 1996, ch. 208, § 4; July 1.
History: L. 1996, ch. 208, § 1; July 1.