An Act concerning municipal courts; relating to possible dispositions; conditions of pro- bation or suspension of sentence; relating to persons authorized to officiate marriages; amending K.S.A. 12-4509 and 23-104a and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-4509 is hereby amended to read as follows: 12- 4509. (a) Whenever a person is found guilty of the violation of an ordi- nance, the municipal judge may:
(1) Release the person without imposition of sentence;
(2) release the person on probation after the imposition of sentence, without imprisonment or the payment of a fine or a portion thereof, subject to conditions imposed by the court as provided in subsection (e); or
(3) impose such sentence of fine or imprisonment, or both, as au- thorized for the ordinance violation.
(b) In addition to or in lieu of any other sentence authorized by law, whenever a person is found guilty of the violation of an ordinance and there is evidence that the act constituting the violation of the ordinance was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the judge may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the administrative judge of the judicial district or licensed by the secretary of social and rehabilitation services.
(c) Except as provided in subsection (d), in addition to or in
lieu of any other sentence authorized by law, whenever a person is
convicted of having violated, while under 21 years of age, an
ordinance prohibiting an act prohibited by the uniform controlled
substances act (K.S.A. 65-4101 et seq. and amendments
thereto) or K.S.A. 41-719, 41-727,
41-804, 41- 2719,
41-2720, 65-4152, 65-4153, 65-4154 or 65-4155 or K.S.A.
1995 Supp. 8-1599, and amendments thereto, the municipal judge
shall order such person to submit to and complete an alcohol and
drug evaluation by a community-based alcohol and drug safety action
program certified pursuant to K.S.A. 8-1008 and amendments thereto
and to pay a fee not to exceed the fee established by that statute
for such evaluation. If the judge finds that the person is
indigent, the fee may be waived.
(d) If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (c) are permissive and not mandatory.
(e) The court may impose any conditions of probation or suspension of sentence that the court deems proper, including, but not limited to, requiring that the defendant:
(1) Avoid such injurious or vicious habits, as directed by the court or the probation officer;
(2) avoid such persons or places of disreputable or harmful character, as directed by the court or the probation officer;
(3) report to the probation officer as directed;
(4) permit the probation officer to visit the defendant at home or elsewhere;
(5) work faithfully at suitable employment insofar as possible;
(6) remain within the state unless the court grants permission to leave;
(7) pay a fine or costs, applicable to the ordinance violation, in one or several sums and in the manner as directed by the court;
(8) support the defendant's dependents;
(9) reside in a residential facility located in the community and par- ticipate in educational counseling, work and other correctional or reha- bilitative programs;
(10) perform community or public service work for local govern- mental agencies, private corporations organized not for profit, or chari- table or social service organizations performing services for the commu- nity;
(11) perform services under a system of day fines whereby the defen- dant is required to satisfy fines, costs or reparation or restitution obli- gations by performing services for a period of days determined by the court on the basis of ability to pay, standard of living, support obligations and other factors;
(12) make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant's crime, in an amount and manner determined by the court and to the person specified by the court; or
(13) reimburse the city, in accordance with any order made under subsection (f), for all or a part of the reasonable expenditures by the city to provide counsel and other defense services to the defendant.
(f) In addition to or in lieu of any other sentence authorized by law, whenever a person is found guilty of the violation of an ordinance the judge may order such person to reimburse the city for all or a part of the reasonable expenditures by the city to provide counsel and other defense services to the defendant. In determining the amount and method of pay- ment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.
Sec. 2. K.S.A. 23-104a is hereby amended to read as follows: 23- 104a. (a) Marriage may be validly solemnized and contracted in this state, after a license has been issued for the marriage, in the following manner: By the mutual declarations of the two parties to be joined in marriage, made before an authorized officiating person and in the presence of at least two competent witnesses over 18 years of age, other than the offi- ciating person, that they take each other as husband and wife.
(b) The following are authorized to be officiating persons:
(1) Any currently ordained clergyman or religious authority of any religious denomination or society;
(2) any licentiate of a denominational body or an appointee of any bishop serving as the regular clergyman of any church of the denomina- tion to which the licentiate or appointee belongs, if not restrained from so doing by the discipline of that church or denomination;
(3) any judge or justice of a court of record;
(4) any municipal judge of a city of this state; and
(4) (5) any retired judge or justice of
a court of record.
(c) The two parties themselves, by mutual declarations that they take each other as husband and wife, in accordance with the customs, rules and regulations of any religious society, denomination or sect to which either of the parties belong, may be married without an authorized offi- ciating person.
New Sec. 3. A municipal judge may retain any honorarium received for such judge's services in performing a marriage ceremony, except when such services are performed between the hours of eight o'clock a.m. and five o'clock p.m. on a day when the court is regularly open for the conduct of business in which event such honorarium shall be remitted to the city treasurer for deposit in the city general fund. The provisions of this sec- tion shall be part of and supplemental to the Kansas code of procedure for municipal courts.
Sec. 4. K.S.A. 12-4509 and 23-104a are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its publication in the statute book.
Approved May 3, 1996.