K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3015 (2026)

Amendment of indictment

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

22-3015. Amendment of indictment. (a) Matters of form, time, place, names. At any time before or during trial, the court may, upon application of the prosecuting attorney and with notice to the defendant and opportunity for the defendant to be heard, order the amendment of an indictment with respect to defects, errors or variances from the proof relating to matters of form, time, place and names of persons when such amendment does not change the substance of the charge, and does not prejudice the defendant on the merits. Upon ordering an amendment, the court, for good cause shown, may grant a continuance to provide the defendant adequate opportunity to prepare a defense.

(b) Prohibition as to matters of substance, exception.

(1) An indictment shall not be amended as to the substance of the offense charged, except as provided further.

(2) The court may, upon application of the prosecuting attorney and with notice to the defendant and opportunity for the defendant to be heard, order the substance of an indictment to be amended for the limited purpose of effecting a change of plea by the defendant pursuant to a plea agreement reached between the defendant and the prosecuting attorney. The provisions of this paragraph shall apply only to an indictment found by a grand jury impaneled pursuant to K.S.A. 22-3001(a) or (b), and amendments thereto, and shall not apply to an indictment found by a grand jury impaneled pursuant to K.S.A. 22-3001(c), and amendments thereto.

(c) This section shall be part of and supplemental to article 30 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto.

History: L. 2013, ch. 85, § 16; L. 2014, ch. 50, § 3; L. 2018, ch. 105, § 5; July 1.

CASE ANNOTATIONS

1. Provisions of statute setting forth limited circumstances under which an indictment may be amended apply only when the state on its own, and without a superseding indictment from a grand jury, seeks to amend an indictment. State v. Keys, 315 Kan. 690, 695, 510 P.3d 706 (2022).

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2021–2026 · leading case: State v. Keys, 510 P.3d 706 (Kan. 2022).
Sort: Relevance Newest Treatment
State v. Keys, 510 P.3d 706 (Kan. 2022). · cites it 8× “K.S.A. 2020 Supp. 22-3015, which sets forth limited circumstances under which an indictment may be amended, applies only when the State on its own, and without a superseding indictment from a grand jury, seeks to amend an indictment.”
City of Shawnee v. Adem, 494 P.3d 134 (Kan. 2021). “22-2818 (1981 statute on appearance bonds for traffic violations, providing that "[t]his section shall be part of and supplemental to the Kansas code of criminal procedure"); K.S.A. 2020 Supp. 22-3015(c) (provision governing amendment of grand jury indictment enacted in 2013,…”
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021). · cites it 2× “" K.S.A. 2017 Supp. 22-3015(b)(2). 5. The authority to make charging decisions, including whether to dismiss a charge, rests with the county or district attorney.”
State v. Vessar, 488 P.3d 527 (Kan. Ct. App. 2021). · cites it 4× “Vessar moved to dismiss the superseding indictment, arguing that the original indictment was improperly amended without leave of court in violation of K.S.A. 2017 Supp. 22-3015. The district court denied Vessar's motion to dismiss, finding the statute addressing amendments to an…”
State v. Collins, 589 P.3d 611 (Kan. Ct. App. 2026). · cites it 2× “A. 22-3015(a) and notes it did not subject Collins to any new or different crimes.”
K.S.A. § 22-3015(a): 1 case
State v. Collins, 589 P.3d 611 (Kan. Ct. App. 2026). “A. 22-3015(a) and notes it did not subject Collins to any new or different crimes.”
K.S.A. § 22-3015(b): 1 case
State v. Vessar, 488 P.3d 527 (Kan. Ct. App. 2021). “Vessar moved to dismiss the superseding indictment, arguing that the original indictment was improperly amended without leave of court in violation of K.S.A. 2017 Supp. 22-3015. The district court denied Vessar's motion to dismiss, finding the statute addressing amendments to an…”
K.S.A. § 22-3015(b)(2): 1 case
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021). “" K.S.A. 2017 Supp. 22-3015(b)(2). 5. The authority to make charging decisions, including whether to dismiss a charge, rests with the county or district attorney.”
K.S.A. § 22-3015(c): 1 case
City of Shawnee v. Adem, 494 P.3d 134 (Kan. 2021). “22-2818 (1981 statute on appearance bonds for traffic violations, providing that "[t]his section shall be part of and supplemental to the Kansas code of criminal procedure"); K.S.A. 2020 Supp. 22-3015(c) (provision governing amendment of grand jury indictment enacted in 2013,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.