Kansas Statutes

Chapter 22: Criminal Procedure

KANSAS CODE OF CRIMINAL PROCEDURE

Article 38: Costs In Criminal Cases

Statutes:

• 22-3801: Liability for costs.
• 22-3802: When costs taxed to complaining witness.
• 22-3803: Taxation of costs.
• 22-3804:
• 22-3805: Commitment to mental institutions; costs.

• 22-3801: Liability for costs. (a) If the defendant in a criminal case is convicted, the court costs shall be taxed against the defendant and shall be a judgment against the defendant which may be enforced as judgments for payment of money in civil cases.

        (b)   Jury fees are not court costs and shall be paid by the county in all criminal cases.

        (c)   The county shall not be reimbursed for the cost of employing a special prosecutor.

        History:   L. 1970, ch. 129, § 22-3801; L. 1978, ch. 128, § 1; L. 1982, ch. 116, § 4; L. 2007, ch. 51, § 1; July 1.

• 22-3802: When costs taxed to complaining witness. If it appears to the court that the prosecution was instituted without probable cause and from malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his motives for instituting the prosecution. If, upon hearing, the court determines that the prosecution was instituted without probable cause and from malicious motives all costs in the case shall be taxed against the complaining witness or other person initiating the prosecution.

        History:   L. 1970, ch. 129, § 22-3802; July 1.

• 22-3803: Taxation of costs. At the conclusion of each criminal case the court shall tax the costs against the party responsible for payment and shall cause to be delivered to such responsible party a complete statement of the costs, specifying each item of service and the fee assessed for such service. When the costs are ordered paid by the county, the statement of costs shall not include that portion of the docket fee which is to be paid to the county general fund for the services of the clerk of the district court and the sheriff. Such statement shall be filed in the office of county clerk and shall be allowed by the board of county commissioners and paid as other claims against the county. When the claim has been allowed by the board of county commissioners, payment shall be made to the clerk of the court who shall distribute such funds to the persons entitled to receive them.

        History:   L. 1970, ch. 129, § 22-3803; L. 1978, ch. 128, § 2; July 1.

• 22-3804:

        History:   L. 1970, ch. 129, § 22-3804; L. 1973, ch. 106, § 16; Repealed, L. 1978, ch. 128, § 3; July 1.

• 22-3805: Commitment to mental institutions; costs. The costs of the proceedings, and transportation and clothing of any person committed by the court under K.S.A. 22-3303, 22-3428 and 22-3429, shall be paid out of the estate of such person, or by any person bound by law to maintain him or her, or by the county, as in the case of mentally ill persons sent to the hospitals.

        History:   L. 1911, ch. 299, § 6; R.S. 1923, 76-2463; L. 1957, ch. 472, § 36; L. 1965, ch. 499, § 3; L. 1975, ch. 474, § 2; July 1.