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22-2807. Forfeiture of appearance bonds; warrant for arrest; forfeiture set aside. (a) If a defendant fails to appear as directed by the court and guaranteed by an appearance bond, the court in which the bond is deposited shall declare a forfeiture of the bail and issue a warrant for the defendant's arrest. If the defendant is charged with a felony offense, the sheriff shall enter such warrant into the national crime information center's index within 14 days of issuance of the warrant. If such warrant is not entered into such index, the sheriff shall notify the court thereof.

(b) An appearance bond may only be forfeited by the court upon a failure to appear. If a defendant violates any other condition of bond, the bond may be revoked and the defendant remanded to custody. An appearance bond is revoked by the execution of a warrant for a defendant's arrest for a violation of a bond condition. The magistrate shall promptly set a new bond pursuant to requirements of K.S.A. 22-2802, and amendments thereto.

(c) (1) The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.

(2) The court shall direct that a forfeiture be set aside, upon such conditions as the court may impose, if:

(A) The surety can prove that the defendant is incarcerated somewhere within the United States prior to judgment of default by providing to the court a written statement, signed by the surety under penalty of perjury, setting forth details of such incarceration;

(B) the warrant required to be issued by subsection (a) was not issued within 14 days of the forfeiture;

(C) a warrant that is required to be entered into the national crime information center's index pursuant to subsection (a) was not entered within 14 days of issuance, unless there is good cause shown for the failure to enter such warrant into the index; or

(D) the defendant has been arrested outside of this state and the prosecuting attorney has declined to proceed with extradition.

(3) Upon the defendant's return, the surety may be ordered to pay the costs of such return.

(d) When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon. If the forfeiture has been decreed by a district magistrate judge and the amount of the bond exceeds the limits of the civil jurisdiction prescribed by law for a district magistrate judge, the judge shall notify the chief judge in writing of the forfeiture and the matter shall be assigned to a district judge who, on motion, shall enter a judgment of default. By entering into a bond the obligors submit to the jurisdiction of any court having power to enter judgment upon default and irrevocably appoint the clerk of that court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and notice thereof may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses. No judgment may be entered against the obligor in an appearance bond until more than 60 days after notice is served as provided herein. No judgment may be entered against the obligor in an appearance bond more than two years after a defendant's failure to appear.

(e) After entry of judgment pursuant to subsection (d), the court may remit such judgment in whole or in part under the conditions applying to the setting aside of forfeiture in subsection (c).

History: L. 1970, ch. 129, § 22-2807; L. 1976, ch. 163, § 9; L. 1977, ch. 109, § 17; L. 1986, ch. 115, § 58; L. 1999, ch. 57, § 30; L. 2007, ch. 145, § 5; L. 2010, ch. 132, § 1; L. 2022, ch. 76, § 4; July 1.

Source or Prior Law:

62-612, 62-631, 62-1221, 62-1224.

Attorney General's Opinions:

Conditions of release—release prior to trial; appearance bonds. 89-37.

CASE ANNOTATIONS

1. Where defendant surrenders, motion to set aside bond forfeiture will lie. State v. Midland Insurance Co., 208 Kan. 886, 494 P.2d 1228.

2. State not required to notify defendant of forfeiture of bond in prosecution under K.S.A. 21-3814 to establish willfulness. State v. Rodgers, 225 Kan. 242, 245, 247, 589 P.2d 981.

3. Judgment on a forfeited appearance bond reversed; notice given did not fairly apprise party of the action proposed to be taken. State v. Buckle, 4 Kan. App. 2d 250, 252, 254, 604 P.2d 743.

4. Trial court did not abuse discretion in ordering bond forfeiture even though defendant failed to appear on additional charges not originally covered. State v. Indemnity Ins. Co. of N. Amer., 9 Kan. App. 2d 53, 57, 672 P.2d 251 (1983).

5. Material modification of bond, which alters surety's obligation without surety's consent, discharges surety. State v. Sedam, 34 Kan. App. 2d 624, 122 P.3d 829 (2005).

6. Under K.S.A. 22-2807(1) court has no discretion as to whether forfeiture of bail should be ordered. State v. Jones, 38 Kan. App. 2d 924, 926 to 929, 173 P.3d 1179 (2008).

7. Evidence sufficient to support conviction for aggravated failure to appear despite reliance upon attorney's mistaken advice that appearance at hearing was unnecessary. State v. Diaz, 44 Kan. App. 2d 870, 241 P.3d 1018 (2010).


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