KANSAS STATUTES AND CODES

22-2302. Issuance of warrant or summons; availability of supporting affidavit or testimony.

22-2302

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 23.--PRELIMINARY PROCEEDINGS

22-2302. Issuance of warrant or summons; availability of supportingaffidavit or testimony.(1) If the magistrate finds from the complaint, or from an affidavit oraffidavits filed with the complaint or from other evidence, that thereis probable cause to believe both that a crime has been committed andthat the defendant has committed it, a warrant for the arrest of thedefendant shall issue, except that a summons instead of a warrant may beissued if: (a) The prosecuting attorney so requests; or (b) in the caseof a complaint alleging commission of a misdemeanor,the magistrate determines that a summons should be issued. More than onewarrant or summonsmay issue on the same complaint. If a defendant fails to appear inresponse to the summons, a warrant shall issue.

(2) Affidavits or sworn testimony in support of the probable causerequirement of this section shall not be made available for examinationwithout a written order of the court, except that such affidavits or testimonywhen requested shall be made available to the defendant or the defendant'scounsel 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.