Brief⁽¹⁾

S.B. 90 deletes the mandatory requirement that magistrates commit into custody any person who has been released on bond and who has subsequently been arrested by his or her surety or bondsman and brought before the magistrate and the requirement that the magistrate release the surety from liability on the bond. The bill permits the above actions by a magistrate for "good cause" shown.

Background

The bill was supported by the Criminal Law Subcommittee of the Kansas Judicial Council. A proponent said the result in most cases will be the same as under current law where the person arrested by the surety will be placed in custody. The law, however, will no longer require the judge to commit the person and release the surety from liability where this would result in an unjust situation.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.