21-3835. Same; violation of court orders, penalties. - Kansas Statutes

21-3835

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3835.   Same; violation of court orders, penalties.Violation of an order entered pursuant to K.S.A. 21-3834 may bepunished in any of the following ways:

      (a)   In the manner provided by K.S.A. 21-3832 or 21-3833, whenapplicable.

      (b)   As a contempt of the court making the order. No finding of contemptshall be a bar to prosecution for a violation of K.S.A. 21-3832or 21-3833, but:

      (1)   Any person held in contempt shall be entitled to have any punishmentimposed for contempt to be credited against any sentence imposed uponconvictionof a violation of K.S.A. 21-3832 or 21-3833; and

      (2)   any conviction or acquittal of a violation of K.S.A. 21-3832,21-3833 or 21-3834shall be a bar to subsequent punishment for contempt arising out of the sameact.

      (c)   By revocation of any form of pretrial release of a criminal defendantor by the forfeitureof bail and the issuance of a bench warrant for the defendant's arrest orremanding the defendant into custody. After a hearing and upon a showingby clear and convincing evidence, the court, in its sound discretion, mayorder the revocation whether the violation was committed by the defendantpersonally or in any way caused or encouraged it to be committed.

      History:   L. 1983, ch. 108, § 5; July 1.