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12-4104. Municipal court; jurisdiction; search warrants proscribed. (a) The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city, including concurrent jurisdiction to hear and determine a violation of an ordinance when the elements of such ordinance violation are the same as the elements of a violation of one of the following state statutes and would constitute, and be punished as, a felony if charged in district court:

(1) K.S.A. 8-1567, and amendments thereto, driving under the influence;

(2) K.S.A. 21-5414, and amendments thereto, domestic battery;

(3) K.S.A. 21-5801, and amendments thereto, theft;

(4) K.S.A. 21-5821, and amendments thereto, giving a worthless check; or

(5) subsection (b)(3) of K.S.A. 21-5706, and amendments thereto, possession of marijuana.

(b) Search warrants shall not issue out of a municipal court.

History: L. 1973, ch. 61, § 12-4104; L. 2007, ch. 168, § 3; L. 2009, ch. 32, § 20; L. 2010, ch. 74, § 1; L. 2011, ch. 30, § 101; July 1.

Source or prior law:

13-602, 13-628m, 14-801, 15-503.

Law Review and Bar Journal References:

"A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 8 (1973).

Criminal Procedure Survey, 55 K.L.R. 797 (2007).

Attorney General's Opinions:

Conflict of municipal penal ordinance with state law. 81-222.

Municipal court jurisdiction. 83-79.

Code for municipal courts; powers and duties - contempt powers. 84-1.

Interlocal agreements; prosecution of city DUI violation ordinance by county attorney. 91-26.

Permissibility of workers compensation administrative law judge serving as municipal court judge. 95-51.

Jurisdiction of municipal courts and district courts to hear cases involving violations of city ordinances and county resolutions by persons under the age of 18 which are not violations if committed by adults. 97-77.

Local legislation to prohibit "ticket scalping." 2000-53.

Municipal courts have jurisdiction to hear ordinance violations that could be prosecuted as a felony in district court. 2007-26.

CASE ANNOTATIONS

1. Cited; concurrent jurisdiction of city and state examined; one which first obtains jurisdiction may proceed. State v. Frazier, 12 Kan. App. 2d 164, 165, 166, 736 P.2d 956 (1987).

2. Administrative warrants which comply with constitutional requirements of reasonableness are not prohibited by K.S.A. 22-2502. City of Overland Park v. Niewald, 258 Kan. 679, 681, 907 P.2d 885 (1995).

3. Municipality may not classify state felony as municipal misdemeanor and prosecute defendant. City of Junction City v. Cadoret, 263 Kan. 164, 168, 946 P.2d 1356 (1997).


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