Session of 1998
By Committee on Judiciary
            9             AN ACT concerning criminal procedure; relating to search warrants;
10             amending K.S.A. 22-2502 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 22-2502 is hereby amended to read as follows:
14       22-2502. (a) A search warrant shall be issued only upon the oral or written
15       statement, including those conveyed or received by telefacsimile com-
16       munication, of any person under oath or affirmation which states facts
17       sufficient to show probable cause that a crime has been or is being com-
18       mitted and which particularly describes a person, place or means of con-
19       veyance to be searched and things to be seized. Any statement which is
20       made orally shall be either taken down by a certified shorthand reporter,
21       sworn to under oath and made part of the application for a search warrant,
22       or recorded before the magistrate from whom the search warrant is re-
23       quested and sworn to under oath. Any statement orally made shall be
24       reduced to writing as soon thereafter as possible. If the magistrate is
25       satisfied that grounds for the application exist or that there is probable
26       cause to believe that they exist, the magistrate may issue a search warrant
27       for the seizure of the following:
28           (1) Any things which have been used in the commission of a crime,
29       or any contraband or any property which constitutes or may be considered
30       a part of the evidence, fruits or instrumentalities of a crime under the
31       laws of this state, any other state or of the United States. The term ``fruits''
32       as used in this act shall be interpreted to include any property into which
33       the thing or things unlawfully taken or possessed may have been con-
34       verted.
35           (2) Any person who has been kidnapped in violation of the laws of
36       this state or who has been kidnapped in another jurisdiction and is now
37       concealed within this state.
38           (3) Any human fetus or human corpse.
39           (4) Any person for whom a valid felony arrest warrant has been issued
40       in this state or in another jurisdiction.
41           (b) Before ruling on a request for a search warrant, the magistrate
42       may require the affiant to appear personally and may examine under oath
43       the affiant and any witnesses that the affiant may produce. Such pro-

SB 631


  1       ceeding shall be taken down by a certified shorthand reporter or record-
  2       ing equipment and made part of the application for a search warrant.
  3           (c) Affidavits or sworn testimony in support of the probable cause
  4       requirement of this section shall not be made available for examination
  5       without a written order of the court, except that such affidavits or testi-
  6       mony when requested shall be made available to the defendant or the
  7       defendant's counsel for such disposition as either may desire.
  8           (d) As used in this section, telefacsimile communication means the
  9       use of electronic equipment to send or transfer a copy of an original
10       document via telephone lines.
11           (e) In addition to any other provision in this section, a search warrant
12       may be issued upon the oral or written statement, including those con-
13       veyed or received by telefacsimile communication, of any person under
14       oath or affirmation which states facts sufficient to show probable cause
15       that a dead body exists on premises to be searched. Such search warrant
16       may authorize that such dead body and other property may be taken into
17       possession of the coroner, and in turn be turned over to the appropriate
18       law enforcement agency.
19           Sec. 2. K.S.A. 22-2502 is hereby repealed.
20           Sec. 3. This act shall take effect and be in force from and after its
21       publication in the statute book.