22-2303.
Prosecution begun by filing indictment or information; issuance of warrant; summons.
(1) When an indictment is returned, as provided by K.S.A. 22-3011, and amendments thereto, a prosecution shall be deemed to have been begun. In misdemeanor cases, cigarette or tobacco infraction cases and traffic infraction cases a prosecution may be begun by filing an information in the district court. Such information shall be verified positively or shall be accompanied by affidavits stating the facts constituting the crime charged. When an information is filed under this section further proceedings shall be had only after the judge has determined from the information, or from an affidavit or affidavits filed with the information or from other evidence that there is probable cause to believe both that a crime has been committed and that the defendant has committed it.
(2) Except in traffic infraction and cigarette or tobacco infraction cases, when a prosecution is begun by the filing of an indictment or information, upon which the judge has made a finding of probable cause as provided in subsection (1), a warrant for the arrest of the defendant shall issue forthwith unless otherwise directed by the court. In felony and misdemeanor cases, the court may order that a summons issue instead of a warrant. In traffic infraction and cigarette or tobacco infraction cases the court shall order that a summons issue instead of a warrant.
History:
L. 1970, ch. 129, § 22-2303; L. 1971, ch. 114, § 3; L. 1984, ch. 39, § 36; L. 1996, ch. 214, § 28; L. 2007, ch. 56, § 1; July 1.
Notes of Decisions
Cited in
14
cases (
3 in the last 5 years), 1975–2023 · leading case:
State v. Dunn, 375 P.3d 332 (Kan. 2016).
State v. Dunn, 375 P.3d 332 (Kan. 2016).
· cites it 2× “22-3011 has set out the process leading to indictment, and K.S.A. 22-2303(1) has set out the process for initiating prosecution by filing an information.”
State v. Keys, 510 P.3d 706 (Kan. 2022).
· cites it 2× “" K.S.A. 22-2303(1). Historically, Kansas statutes did not allow the amendment of an indictment.”
State v. Donlay, 853 P.2d 680 (Kan. 1993).
· cites it 2× “"); K.S.A. 22-2303(1) ("In misdemeanor cases and traffic infraction cases a prosecution may be begun by filing an information in the district court").”
State v. Bristor, 682 P.2d 122 (Kan. Ct. App. 1984).
· cites it 4× “" K.S.A. 22-2303(1). "In misdemeanor cases a prosecution may be begun by filing an information in the district court.”
State v. Martin, 179 P.3d 457 (Kan. 2008).
“” K.S.A. 22-2303(1). The officer would understand that it would be his or her duty to execute that warrant by arresting the person named in the warrant.”
State v. Waugh, 712 P.2d 1243 (Kan. 1986).
· cites it 2× “At the time the hearing was conducted, the magistrate had no jurisdiction to appoint an attorney to represent Waugh until after a complaint had been filed.”
State v. Marshall & Brown-Sidorowicz, P.A., 577 P.2d 803 (Kan. Ct. App. 1978).
· cites it 2× “K.S.A. 22-2303(1) states that “[w]hen an indictment is returned, as provided by section 22-3011, a prosecution shall be deemed to have begun.”
State v. Jordan, 537 P.3d 443 (Kan. 2023).
“"); K.S.A. 22-2303 ("When an indictment is returned, as provided by K.”
State v. Taylor, 594 P.2d 262 (Kan. Ct. App. 1979).
“22-2301; K.S.A. 22-2303; K.S.A. 1978 Supp. 22-3201.”
State v. Lieurance, 782 P.2d 1246 (Kan. Ct. App. 1989).
“8-2106 now allows any offense under the Uniform Act Regulating Traffic to be charged by a citation, presumably followed by the filing of an information under K.S.A. 22-2303. Subsection (e) of K.S.A. 1988 Supp.”
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021).
· cites it 3× “K.S.A. 22-2303. An information must also contain "a plain and concise written statement of the essential facts constituting the crime charged," and must be signed by "the county attorney, the attorney general or any legally appointed assistant or 14 deputy of either.”
— K.S.A. § 22-2303(1) — 9 cases
State v. Dunn, 375 P.3d 332 (Kan. 2016).
“22-3011 has set out the process leading to indictment, and K.S.A. 22-2303(1) has set out the process for initiating prosecution by filing an information.”
State v. Keys, 510 P.3d 706 (Kan. 2022).
“" K.S.A. 22-2303(1). Historically, Kansas statutes did not allow the amendment of an indictment.”
State v. Bristor, 682 P.2d 122 (Kan. Ct. App. 1984).
“" K.S.A. 22-2303(1). "In misdemeanor cases a prosecution may be begun by filing an information in the district court.”
State v. Donlay, 853 P.2d 680 (Kan. 1993).
“"); K.S.A. 22-2303(1) ("In misdemeanor cases and traffic infraction cases a prosecution may be begun by filing an information in the district court").”
State v. Martin, 179 P.3d 457 (Kan. 2008).
“” K.S.A. 22-2303(1). The officer would understand that it would be his or her duty to execute that warrant by arresting the person named in the warrant.”
— K.S.A. § 22-2303(2) — 1 case
State v. Marshall & Brown-Sidorowicz, P.A., 577 P.2d 803 (Kan. Ct. App. 1978).
“K.S.A. 22-2303(1) states that “[w]hen an indictment is returned, as provided by section 22-3011, a prosecution shall be deemed to have begun.”
— K.S.A. § 22-2303(l) — 1 case
State v. Donlay, 853 P.2d 680 (Kan. 1993).
“"); K.S.A. 22-2303(1) ("In misdemeanor cases and traffic infraction cases a prosecution may be begun by filing an information in the district court").”
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