Kansas Statutes

Chapter 22: Criminal Procedure

KANSAS CODE OF CRIMINAL PROCEDURE

Article 26: Jurisdiction And Venue

Statutes:

• 22-2601: Jurisdiction.
• 22-2602: Place of trial.
• 22-2603: Crime committed in more than one county.
• 22-2604: Crime committed on or near county boundary.
• 22-2605: Waters constituting county boundaries.
• 22-2606: Waters constituting state boundaries.
• 22-2607: Assisting another to commit crime or avoid prosecution.
• 22-2608: Crimes committed while in transit.
• 22-2609: Property taken in one county and brought into another.
• 22-2610: Property taken in other state and brought into this state.
• 22-2611: Death and cause of death in different places.
• 22-2612: Crime commenced outside the state or by agent.
• 22-2613: Bigamy.
• 22-2614: Kidnapping.
• 22-2615: Failure to appear.
• 22-2616: Change of venue.
• 22-2617: Notice of transfer.
• 22-2618: Time of motion.

• 22-2601: Jurisdiction. Except as provided in K.S.A. 12-4104, and amendments thereto, the district court shall have exclusive jurisdiction to try all cases of felony and other criminal cases arising under the statutes of the state of Kansas.

        History:   L. 1970, ch. 129, § 22-2601; L. 1976, ch. 163, § 5; L. 2007, ch. 168, § 4; July 1.

• 22-2602: Place of trial. Except as otherwise provided by law, the prosecution shall be in the county where the crime was committed.

        History:   L. 1970, ch. 129, § 22-2602; July 1.

• 22-2603: Crime committed in more than one county. Where two or more acts are requisite to the commission of any crime and such acts occur in different counties the prosecution may be in any county in which any of such acts occur.

        History:   L. 1970, ch. 129, § 22-2603; July 1.

• 22-2604: Crime committed on or near county boundary. Where a crime is committed on or so near the boundary of two or more counties that it cannot be readily determined in which county the crime was committed, the prosecution may be in any of such counties.

        History:   L. 1970, ch. 129, § 22-2604; July 1.

• 22-2605: Waters constituting county boundaries. Where any part of a river, water course, body of water or reservoir constitutes the boundary line between two (2) or more counties, the venue is in any of such counties for prosecution of crimes committed over the whole extent of such part of the river, water course, body of water or reservoir, or any island therein.

        History:   L. 1970, ch. 129, § 22-2605; July 1.

• 22-2606: Waters constituting state boundaries. The venue of prosecutions for crimes committed on any river, body of water or reservoir constituting the boundary line of this state is in any county on the same river, body of water or reservoir.

        History:   L. 1970, ch. 129, § 22-2606; July 1.

• 22-2607: Assisting another to commit crime or avoid prosecution. (1) A person who intentionally aids, abets, advises, counsels or procures another to commit a crime may be prosecuted in any county where any of such acts were performed or in the county where the principal crime was committed.

        (2)   A person who knowingly harbors, conceals or aids another person who has committed or has been charged with a crime with intent that such other person shall avoid or escape from arrest, trial, conviction or punishment for such crime, may be prosecuted in any county where any of such acts were performed or in the county where the principal crime was committed.

        History:   L. 1970, ch. 129, § 22-2607; July 1.

• 22-2608: Crimes committed while in transit. If a crime is committed in, on or against any vehicle or means of conveyance passing through or above this state, and it cannot readily be determined in which county the crime was committed, the prosecution may be in any county in this state through or above which such vehicle or means of conveyance has passed or in which such travel commenced or terminated.

        History:   L. 1970, ch. 129, § 22-2608; July 1.

• 22-2609: Property taken in one county and brought into another. When property taken in one county by theft or robbery has been brought into another county, the venue is in either county.

        History:   L. 1970, ch. 129, § 22-2609; July 1.

• 22-2610: Property taken in other state and brought into this state. When property taken in another state by theft or robbery shall have been brought into this state, the venue is in any county into or through which such property shall have been brought.

        History:   L. 1970, ch. 129, § 22-2610; July 1.

• 22-2611: Death and cause of death in different places. If the cause of death is inflicted in one county and the death ensues in another county, the prosecution may be in either of such counties. Death shall be presumed to have occurred in the county where the body of the victim is found.

        History:   L. 1970, ch. 129, § 22-2611; July 1.

• 22-2612: Crime commenced outside the state or by agent. If a crime commenced outside this state is consummated within this state, or if a person outside this state commits or consummates a crime by an agent or means within this state, the prosecution shall be in the county where the crime was consummated.

        History:   L. 1970, ch. 129, § 22-2612; July 1.

• 22-2613: Bigamy. A person charged with the crime of bigamy may be prosecuted in the county where the bigamous marriage ceremony was performed or in any county in which bigamous cohabitation has occurred pursuant to such bigamous marriage.

        History:   L. 1970, ch. 129, § 22-2613; July 1.

• 22-2614: Kidnapping. A person charged with the crime of kidnapping may be prosecuted in any county in which the victim has been transported or confined during the course of the crime.

        History:   L. 1970, ch. 129, § 22-2614; July 1.

• 22-2615: Failure to appear. A person who has been released from custody upon an appearance bond given in one county for appearance in another county, and who fails to appear, as provided in K.S.A. 21-3813 and 21-3814 may be prosecuted for such failure to appear either in the county where the appearance bond was given or the county where the defendant was bound to appear.

        History:   L. 1970, ch. 129, § 22-2615; L. 1971, ch. 114, § 4; July 1.

• 22-2616: Change of venue. (1) In any prosecution, the court upon motion of the defendant shall order that the case be transferred as to him to another county or district if the court is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county.

        (2)   When a case is ordered transferred to another county or district the court shall certify the order of transfer to the departmental justice who shall designate another county or district to which the proceeding shall be transferred.

        (3)   When a transfer is ordered the clerk of the court where the case is pending shall transmit to the clerk of the court to which the case is transferred all papers in the case or duplicates thereof and any appearance bond taken, and the prosecution shall continue in the court to which the transfer is ordered.

        (4)   When any case is transferred to another county under this section the responsibility for prosecution of the case shall remain with the original prosecuting attorney, or his successor.

        (5)   When any case is transferred to another county under this section all taxable costs in such case shall be taxed to the county in which the case originated and such county shall be liable for the payment thereof.

        The provisions of this section shall apply only to the prosecution of trials and shall not be applicable to preliminary proceedings.

        History:   L. 1970, ch. 129, § 22-2616; L. 1974, ch. 151, § 1; July 1.

• 22-2617: Notice of transfer. When a change of venue has been granted and the new place of trial has been designated, the clerk of the court of the county where the case originated shall give notice in writing to the defendant and all persons under bond to appear in the case of the time, date and place for appearance in the county to which the case has been transferred. If the defendant is in custody, the court may order him confined in the county to which the cause is transferred.

        History:   L. 1970, ch. 129, § 22-2617; July 1.

• 22-2618: Time of motion. A motion for change of venue must be made at or before arraignment or at such later time as the court may in the interest of justice determine.

        History:   L. 1970, ch. 129, § 22-2618; July 1.