Session of 2000
By Committee on Judiciary

10             AN  ACT concerning criminal procedures; relating to confessions admis-
11             sible as evidence; amending K.S.A. 22-3215 and repealing the existing
12             section.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 22-3215 is hereby amended to read as follows: 22-
16       3215.
17             (a) In order for a confession or admission to be admissible as evidence,
18       such confession or admission shall have been electronically recorded, by
19       videotape, audio tape or other electronic means. The court shall determine
20       that the recording equipment was capable of making an accurate record-
21       ing, the operator of the equipment was competent and the recording is
22       accurate and has not been altered; every voice on the recording is iden-
23       tified; and each party to the proceeding is given a copy of the recording,
24       and a copy of a written transcript.
25             (1) (b) Prior to the preliminary examination or trial a defendant may
26       move to suppress as evidence any confession or admission given by him
27       such defendant on the ground that it is not admissible as evidence.
28             (2) (c) The motion shall be in writing and shall allege the grounds
29       upon which it is claimed that the confession or admission is not admissible
30       as evidence.
31             (3) (d) If the motion alleges grounds which, if proved, would show
32       the confession or admission not to be admissible the court shall conduct
33       a hearing into the merits of the motion.
34             (4) (e) The burden of proving that a confession or admission is ad-
35       missible shall be on the prosecution.
36             (5) (f) The issue of the admissibility of the confession or admission
37       shall not be submitted to the jury. The circumstances surrounding the
38       making of the confession or admission may be submitted to the jury as
39       bearing upon the credibility or the weight to be given to the confession
40       or admission.
41             (6) (g) The motion shall be made before preliminary examination or
42       trial, unless opportunity therefor did not exist or the defendant was not
43       aware of the ground for the motion, but the court in its discretion may


  1       entertain the motion at the preliminary examination or the trial. 
  2       Sec.  2. K.S.A. 22-3215 is hereby repealed.
  3        Sec.  3. This act shall take effect and be in force from and after its
  4       publication in the statute book.