22-2905.
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.
Notes of Decisions
Cited in
7
cases, 1978–2007 · leading case:
State v. Thompkins, 952 P.2d 1332 (Kan. 1998).
State v. Thompkins, 952 P.2d 1332 (Kan. 1998).
· cites it 8× “Thompkins was bound over for trial on the other felony charges and immediately arraigned on first-degree felony murder, aggravated robbery, assault, battery, and burglary even though the State had not filed an information charging the crimes for which the defendant was bound…”
United States v. Defabian C. Shannon, 110 F.3d 382 (7th Cir. 1997).
· cites it 2× “§ 22-2905 (1995)) 13 can never be considered and counted as criminal convictions, for those jurisdictions’ criminal proceedings rely on the very same charging document throughout, known as the “complaint.” In other words, the charging document relied upon throughout the entire…”
Scott v. Werholtz, 171 P.3d 646 (Kan. Ct. App. 2007).
· cites it 15× “Finally, Scott contends that the trial court lacked jurisdiction in his underlying criminal case because no complaint or information was filed after the prehminary hearing, in violation of K.S.A. 22-2905. Nevertheless, where the charges against Scott remained the same as those…”
State v. Turner, 576 P.2d 644 (Kan. 1978).
· cites it 2× “iss the new charges, claiming the procedure to be in violation of K.S.A. 22-2905. After a hearing, the district judge overruled the defendant’s motion and ordered a second preliminary hearing on the new charges.”
State v. Peckham, 875 P.2d 257 (Kan. 1994).
“(See K.S.A. 22-2905, which sets out the procedure for filing the information after the defendant is bound over for arraignment.”
State v. Ratley, 855 P.2d 943 (Kan. 1993).
“In support of his position the defendant relies on K.S.A. 22-2905(1) and (2) which provide as follows: ‘22-2905.”
State v. Taylor, 594 P.2d 262 (Kan. Ct. App. 1979).
“22-2202(14); K.S.A. 1978 Supp. 22-2902. When the defendant is bound over for trial, the prosecutor files an information charging the crime for which defendant was bound over.”
— K.S.A. § 22-2905(1) — 5 cases
State v. Thompkins, 952 P.2d 1332 (Kan. 1998).
“Thompkins was bound over for trial on the other felony charges and immediately arraigned on first-degree felony murder, aggravated robbery, assault, battery, and burglary even though the State had not filed an information charging the crimes for which the defendant was bound…”
Scott v. Werholtz, 171 P.3d 646 (Kan. Ct. App. 2007).
“Finally, Scott contends that the trial court lacked jurisdiction in his underlying criminal case because no complaint or information was filed after the prehminary hearing, in violation of K.S.A. 22-2905. Nevertheless, where the charges against Scott remained the same as those…”
State v. Ratley, 855 P.2d 943 (Kan. 1993).
“In support of his position the defendant relies on K.S.A. 22-2905(1) and (2) which provide as follows: ‘22-2905.”
State v. Taylor, 594 P.2d 262 (Kan. Ct. App. 1979).
“22-2202(14); K.S.A. 1978 Supp. 22-2902. When the defendant is bound over for trial, the prosecutor files an information charging the crime for which defendant was bound over.”
State v. Turner, 576 P.2d 644 (Kan. 1978).
“iss the new charges, claiming the procedure to be in violation of K.S.A. 22-2905. After a hearing, the district judge overruled the defendant’s motion and ordered a second preliminary hearing on the new charges.”
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