As Amended by Senate Committee
Session of 2000
By Committee on Judiciary

11             AN  ACT concerning criminal procedure; relating to preliminary exami-
12             nations; evidence; child witnesses and victims; amending K.S.A. 1999
13             Supp. 22-2902 and 22-2902a and repealing the existing sections; also
14             repealing K.S.A. 22-3433.
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 1999 Supp. 22-2902 is hereby amended to read as
18       follows: 22-2902. (1) Every person arrested on a warrant charging a felony
19       or served with a summons charging a felony shall have a right to a pre-
20       liminary examination before a magistrate, unless such warrant has been
21       issued as a result of an indictment by a grand jury.
22             (2) The preliminary examination shall be held before a magistrate of
23       a county in which venue for the prosecution lies within 10 days after the
24       arrest or personal appearance of the defendant. Continuances may be
25       granted only for good cause shown.
26             (3) The defendant shall not enter a plea at the preliminary exami-
27       nation. The defendant shall be personally present and except for witnesses
28       who are children less than 13 years of age as provided in K.S.A. 22-2902a,
29       and amendments thereto, the witnesses shall be examined in the defend-
30       ant's presence. The defendant's voluntary absence after the preliminary
31       examination has been begun in the defendant's presence shall not prevent
32       the continuation of the examination. Except for witnesses who are chil-
33       dren less than 13 years of age, The defendant shall have the right to cross-
34       examine witnesses against the defendant and introduce evidence in the
35       defendant's own behalf. If from the evidence it appears that a felony has
36       been committed and there is probable cause to believe that a felony has
37       been committed by the defendant, the magistrate shall order the defend-
38       ant bound over to the district judge having jurisdiction to try the case;
39       otherwise, the magistrate shall discharge the defendant. When the victim
40       of the felony is a child less than 13 years of age, the finding of probable
41       cause as provided in this subsection may be based upon hearsay evidence
42       in whole or in part presented at the preliminary examination by means
43       of statements made by a child less than 13 years of age on a videotape


  1       recording or by other means.
  2             (4) If the defendant waives preliminary examination, the magistrate
  3       shall order the defendant bound over to the district judge having juris-
  4       diction to try the case.
  5             (5) Any judge of the district court may conduct a preliminary exam-
  6       ination, and a district judge may preside at the trial of any defendant even
  7       though such judge presided at the preliminary examination of such
  8       defendant.
  9             (6) The complaint or information, as filed by the prosecuting attorney
10       pursuant to K.S.A. 22-2905 and amendments thereto, shall serve as the
11       formal charging document at trial. When a defendant and prosecuting
12       attorney reach agreement on a plea of guilty or nolo contendere, the de-
13       fendant and the prosecuting attorney shall notify the district court of such
14       agreement and arrange for a time to plead, pursuant to K.S.A. 22-3210
15       and amendments thereto.
16             (7) The judge of the district court, when conducting the preliminary
17       examination, shall have the discretion to conduct arraignment, subject to
18       assignment pursuant to K.S.A. 20-329 and amendments thereto, at the
19       conclusion of the preliminary examination.
20             Sec.  2. K.S.A. 1999 Supp. 22-2902a is hereby amended to read as
21       follows: 22-2902a. (a) At any preliminary examination in which the results
22       of a forensic examination, analysis, comparison or identification prepared
23       by the Kansas bureau of investigation, the federal bureau of investigation,
24       the bureau of alcohol, tobacco and firearms of the United States depart-
25       ment of the treasury, the state secretary of health and environment, the
26       sheriff's department of Johnson, Shawnee or Sedgwick county, the police
27       department of the cities of Overland Park, Topeka or Wichita, the police
28       department of the city of Kansas City, Missouri, the Sedgwick county
29       regional forensic science center, the drug enforcement administration,
30       the air force of the United States, the navy of the United States, the army
31       of the United States, the Missouri southern state college regional crime
32       laboratory or Bethany medical center, inc. located in Kansas City, Kansas
33       are to be introduced as evidence, the report, or a copy of the report, of
34       the findings of the forensic examiner shall be admissible into evidence in
35       the preliminary examination in the same manner and with the same force
36       and effect as if the forensic examiner who performed such examination,
37       analysis, comparison or identification and prepared the report thereon
38       had testified in person.
39             (b) The hearsay statements of a child victim less than 13 years of age
40       shall be admissible in any preliminary examination. 
41       Sec.  3. K.S.A. 22-3433 and K.S.A. 1999 Supp. 22-2902 and 22-2902a
42       are hereby repealed.
43        Sec.  4. This act shall take effect and be in force from and after its


  1       publication in the statute book.