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AN ACT concerning criminal procedure; relating to forensic evidence;
  amending K.S.A. 22-3716 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 22-3716 is hereby amended to read as follows: 22-
3716. (a) At any time during probation, assignment to a community cor-
rectional services program, suspension of sentence or pursuant to sub-
section (d) for defendants who committed a crime prior to July 1, 1993,
and at any time during which a defendant is serving a nonprison sanction
for a crime committed on or after July 1, 1993, or pursuant to subsection
  (d), the court may issue a warrant for the arrest of a defendant for violation
of any of the conditions of release or assignment, a notice to appear to
answer to a charge of violation or a violation of the defendant's nonprison
sanction. The notice shall be personally served upon the defendant. The
warrant shall authorize all officers named in the warrant to return the
defendant to the custody of the court or to any certified detention facility
designated by the court. Any court services officer or community correc-
tional services officer may arrest the defendant without a warrant or may
deputize any other officer with power of arrest to do so by giving the
officer a written statement setting forth that the defendant has, in the
judgment of the court services officer or community correctional services
officer, violated the conditions of the defendant's release or a nonprison
sanction. The written statement delivered with the defendant by the ar-
resting officer to the official in charge of a county jail or other place of
detention shall be sufficient warrant for the detention of the defendant.
After making an arrest, the court services officer or community correc-
tional services officer shall present to the detaining authorities a similar
statement of the circumstances of violation. Provisions regarding release
on bail of persons charged with a crime shall be applicable to defendants
arrested under these provisions.
  (b)  Upon arrest and detention pursuant to subsection (a), the court
services officer or community correctional services officer shall immedi-
ately notify the court and shall submit in writing a report showing in what
manner the defendant has violated the conditions of release or assignment
or a nonprison sanction. Thereupon, or upon an arrest by warrant as
provided in this section, the court shall cause the defendant to be brought
before it without unnecessary delay for a hearing on the violation charged.
The hearing shall be in open court and the state shall have the burden of
establishing the violation. The defendant shall have the right to be rep-
resented by counsel and shall be informed by the judge that, if the de-
fendant is financially unable to obtain counsel, an attorney will be ap-
pointed to represent the defendant. The defendant shall have the right
to present the testimony of witnesses and other evidence on the defen-
dant's behalf. Relevant written statements made under oath may be ad-
mitted and considered by the court along with other evidence presented
at the hearing. Results of a forensic examination, analysis, comparison or
identification prepared by the Kansas bureau of investigation, the federal
bureau of investigation, the bureau of alcohol, tobacco and firearms of the
United States department of the treasury, the state secretary of health and
environment, the sheriff's department of Johnson, Shawnee or Sedgwick
county, the police department of the cities of Topeka or Wichita, the Sedg-
wick county regional forensic science center, the drug enforcement ad-
ministration, the air force of the United States, the navy of the United
States, the army of the United States or Bethany medical center, inc.
located in Kansas City, Kansas, the report, or a copy of the report, of the
findings of the forensic examiner shall be admissible into evidence in the
same manner and with the same force and effect as if the forensic examiner
who performed such examination, analysis, comparison or identification
and prepared the report thereon had testified in person. If the violation
is established, the court may continue or revoke the probation, assign-
ment to a community correctional services program, suspension of sen-
tence or nonprison sanction and may require the defendant to serve the
sentence imposed, or any lesser sentence, and, if imposition of sentence
was suspended, may impose any sentence which might originally have
been imposed. When a new felony is committed while the offender is on
probation or assignment to a community correctional services program,
the new sentence shall be imposed pursuant to the consecutive sentenc-
ing requirements of K.S.A. 21-4608 and amendments thereto, and the
court may sentence the offender to imprisonment for the new conviction,
even when the new crime of conviction otherwise presumes a nonprison
sentence. In this event, imposition of a prison sentence for the new crime
does not constitute a departure.
  (c)  A defendant who is on probation, assigned to a community cor-
rectional services program, under suspension of sentence or serving a
nonprison sanction and for whose return a warrant has been issued by
the court shall be considered a fugitive from justice if it is found that the
warrant cannot be served. If it appears that the defendant has violated
the provisions of the defendant's release or assignment or a nonprison
sanction, the court shall determine whether the time from the issuing of
the warrant to the date of the defendant's arrest, or any part of it, shall
be counted as time served on probation, assignment to a community cor-
rectional services program, suspended sentence or pursuant to a nonpri-
son sanction.
  (d)  The court shall have 30 days following the date probation, assign-
ment to a community correctional service program, suspension of sen-
tence or a nonprison sanction was to end to issue a warrant for the arrest
or notice to appear for the defendant to answer a charge of a violation of
the conditions of probation, assignment to a community correctional serv-
ice program, suspension of sentence or a nonprison sanction.
  Sec. 2.  K.S.A. 22-3716 is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the statute book.