22-3011.
Indictment, procedure; request that attorney general prosecute.
(a) An indictment may be found only on the concurrence of 12 or more grand jurors. When an indictment is found, the presiding juror shall endorse thereon "a true bill" and shall sign the presiding juror's name as presiding juror or sign the indictment "Presiding Grand Juror."
(b) When 12 or more grand jurors do not concur in finding an indictment, the presiding juror shall certify that the indictment is "not a true bill."
(c) Indictments found by the grand jury shall be presented by its presiding juror, in the jury's presence, to the court and shall be filed and remain as records of the court.
(d) A grand jury impaneled pursuant to K.S.A. 22-3001(c), and amendments thereto, may request that the attorney general prosecute the case arising from an indictment found by such grand jury if, in the opinion of the grand jury, the prosecuting attorney would not diligently prosecute such case. The court shall notify the attorney general of such request and the attorney general may prosecute such case.
History:
L. 1970, ch. 129, § 22-3011; L. 1984, ch. 112, § 20; L. 2013, ch. 85, § 12; L. 2014, ch. 50, § 2; L. 2018, ch. 105, § 4; July 1.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1978–2023 · leading case:
State v. Dunn, 375 P.3d 332 (Kan. 2016).
State v. Dunn, 375 P.3d 332 (Kan. 2016).
· cites it 2× “) K.S.A. 22-3011 has set out the process leading to indictment, and K.”
In re Kline, 311 P.3d 321 (Kan. 2013).
“See K.S.A. 22-3011(1) (explaining an indictment requires the concurrence of 12 or more grand jurors and that once an indictment is found, the presiding juror “shall endorse thereon ‘a true bill.”
State v. Marshall & Brown-Sidorowicz, P.A., 577 P.2d 803 (Kan. Ct. App. 1978).
· cites it 2× “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. Turner, 333 P.3d 155 (Kan. 2014).
· cites it 2× “K.S.A. 22-3011. In that event, no further test for probable cause is required and the indicted defendant is not entitled to a preliminary hearing.”
State v. Jordan, 537 P.3d 443 (Kan. 2023).
“22-2303 ("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.”
State v. Dunn (Kan. 2016).
“) K.S.A. 22-3011 has set out the process leading to indictment, and K.”
— K.S.A. § 22-3011(1) — 1 case
In re Kline, 311 P.3d 321 (Kan. 2013).
“See K.S.A. 22-3011(1) (explaining an indictment requires the concurrence of 12 or more grand jurors and that once an indictment is found, the presiding juror “shall endorse thereon ‘a true bill.”
— K.S.A. § 22-3011(3) — 1 case
State v. Turner, 333 P.3d 155 (Kan. 2014).
“K.S.A. 22-3011. In that event, no further test for probable cause is required and the indicted defendant is not entitled to a preliminary hearing.”
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