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22-3001. Grand juries; summoning; membership; quorum.

22-3001

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 30.--GRAND JURIES

      22-3001.   Grand juries; summoning; membership;quorum.(1) A majority of the district judges in anyjudicial district may order a grand jury to be summoned in any county inthe district when it is determined to be in the public interest.

      (2)   A grand jury shall be summoned in any county within 60 daysafter a petition praying therefor is presented to the district court,bearing the signatures of a number of electors equal to 100 plus 2%of the total number of votes cast for governor inthe county in the last preceding election. The petition shall be insubstantiallythe following form:

      The undersigned qualified electors of the county of ______________ andstate of Kansas hereby request that the district court of ______________county, Kansas, within 60 days after the filing of this petition,cause a grand jury to be summoned in the county to investigate allegedviolationsof law and to perform such other duties as may be authorized by law.

      The signatures to the petition need not all be affixed to one paper, buteach paper to which signatures are affixed shall have substantially theforegoing form written or printed at the top thereof. Each signer shalladd to such signer's signature such signer's place of residence, givingthe street and number or rural route number, if any. One ofthe signers of each paper shall verify upon oath that each signature appearingon the paper is the genuine signature of the person whose name it purportsto be and that such signer believes that the statements in the petitionare true. The petition shall be filed in the office of the clerk of thedistrict court who shall forthwith transmit it to the county electionofficer, who shall determine whether thepersons whose signatures are affixedto the petition are qualified electors of the county. Thereupon, the countyelectionofficer shall return the petitionto the clerk of the district court, together with suchelection officer's certificatestating the number of qualified electors of the county whose signaturesappear on the petition and the aggregate number of votes cast for allcandidatesfor governor in the county in the last preceding election. The judge orjudges of the district court of the county shall then consider the petitionand, if it is found that the petition is in proper form and bears thesignaturesof the required number of electors, a grand jury shall be ordered to besummoned.

      (3)   The grand jury shall consist of 15 members and shall bedrawn and summoned in the same manner as petit jurors for the district court.Twelve members thereof shall constitute a quorum. The judge or judgesordering the grand jury shall direct that a sufficient number of legallyqualified persons be summoned for service as grand jurors.

      History:   L. 1970, ch. 129, § 22-3001; L. 1976, ch. 163, § 12;L. 1986, ch. 115, § 61;L. 2005, ch. 189, § 1; July 1.

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