Printable Format22-2905. Proceedings after the preliminary examination. (1) When a defendant is bound over to a district judge for trial, the prosecuting attorney shall file an information in the office of the clerk of the district court, charging the crime for which the defendant was bound over. If the complaint is in proper form, pursuant to K.S.A. 22-3201, and amendments thereto, it may be used as the information.
(2) When the defendant is bound over, the magistrate shall fix the type of bond which will assure the appearance of the defendant before a district judge and the amount and conditions of such bond in accordance with the provisions of K.S.A. 22-2802, and amendments thereto. If the bond given the magistrate prior to the preliminary examination is continuing in nature and is conditioned upon the appearance of the defendant before the magistrate and before the district judge, if bound over, then no new bond shall be required unless the magistrate hearing the preliminary examination or the district judge before whom the case is pending finds that the appearance bond previously given to the magistrate or the sureties thereon are insufficient to secure the appearance of the defendant for trial in the district court. If the amount of the appearance bond is increased, the appearance bond previously given shall continue in force and effect and the defendant shall be required to furnish an additional appearance bond only in such amount as the new appearance bond may exceed the appearance bond previously furnished. If the defendant cannot provide an appearance bond or if the offense is not bailable, the magistrate shall commit the defendant to jail.
History: L. 1970, ch. 129, § 22-2905; L. 1976, ch. 163, § 11; L. 1977, ch. 112, § 7; amended by Supreme Court (order dated December 5, 1980); L. 1986, ch. 115, § 60; January 12, 1987.
Source or Prior Law:
62-802, 62-805.
Law Review and Bar Journal References:
"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 429, (1979).
CASE ANNOTATIONS
1. Subsection (1) inapplicable as basis for request for transcript of preliminary hearing in felony prosecution. State v. Kelley, 209 Kan. 699, 701, 498 P.2d 87.
2. Provision regarding filing of an information directory rather than mandatory. State v. Turner, 223 Kan. 707, 708, 576 P.2d 644.
3. Section mentioned in general discussion of commencement of prosecutions and right to speedy trial. State v. Taylor, 3 Kan. App. 2d 316, 318, 594 P.2d 262.
4. Provisions herein for filing an information are directory rather than mandatory. State v. Ratley, 253 Kan. 394, 400, 855 P.2d 943 (1993).
5. Trial court jury instruction on charge not contained in information violated defendant's substantive due process rights. State v. Thompkins, 263 Kan. 602, 619, 627, 952 P.2d 1338 (1998).
6. State not required to file an information or additional complaint when defendant is bound over; original complaint continues. Scott v. Werholtz, 38 Kan. App. 2d 667, 677, 678, 171 P.3d 646 (2007).