22-3205.
Arraignment.
(a) Arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto. The defendant shall be given a copy of the indictment or information before the defendant is called upon to plead. Except as provided in subsection (b), if the crime charged is a felony, the defendant must be personally present for arraignment; if a misdemeanor, with the approval of the court, the defendant may appear by counsel. The court may direct any officer who has custody of the defendant to bring the defendant before the court to be arraigned.
(b) Arraignment may be conducted by two-way electronic audio-video communication between the defendant and the judge in lieu of personal presence of the defendant or the defendant's counsel in the courtroom in the discretion of the court. The defendant may be accompanied by the defendant's counsel during such arraignment. The defendant shall be informed of the defendant's right to be personally present in the courtroom during arraignment. Exercising the right to be present shall in no way prejudice the defendant.
(c) The court shall ensure that the defendant has been processed and fingerprinted pursuant to K.S.A. 21-2501, and 21-2501a and amendments thereto.
History:
L. 1970, ch. 129, § 22-3205; L. 1989, ch. 98, § 2; L. 1993, ch. 291, § 191; July 1.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1979–2021 · leading case:
State v. Donesay, 959 P.2d 862 (Kan. 1998).
State v. Donesay, 959 P.2d 862 (Kan. 1998).
· cites it 2× “22-2902(6), K.S.A. 22-3205(a), and K.S.A. 22-3206(1).”
People v. Lindsey, 772 N.E.2d 1268 (Ill. 2002).
“" Kan. Stat. Ann. § 22-3205 (b) (2000). The Mississippi Code of Criminal Procedure provides in part: "When the physical appearance in person in court is required of any person who is represented by counsel and held in a place of custody or confinement * * *, upon waiver of any…”
State v. Taylor, 594 P.2d 262 (Kan. Ct. App. 1979).
· cites it 2× “The defendant is then arraigned, not later than the next required day of court which occurs ten or more days after the order of the magistrate binding the defendant over for trial, unless a later time is approved or ordered by the court.”
State v. Valladarez, 206 P.3d 879 (Kan. 2009).
“In asserting the power to arraign does not extend to these functions, Valladarez relies on K.S.A. 22-3205(a), which defines the procedure for an arraignment, stating: “Arraignment shall be conducted in open court and shall consist of reading the complaint, information or…”
State v. Jones, 748 P.2d 839 (Kan. 1988).
· cites it 2× “McFARLAND, J., concurring in part and dissenting in part: I dissent from that portion of the majority opinion which holds that it was reversible error for the district court to instruct the jury that the defendant could be guilty of the crime of impairing a security interest…”
State v. Smith, 799 P.2d 497 (Kan. 1990).
· cites it 2× “K.S.A. 1989 Supp. 22-3205(a) provides: “Arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto.”
State v. Crane, 918 P.2d 1256 (Kan. 1996).
“K.S.A. 22-3205; Kansas Const. Bill of Rights, § 10; U.”
State v. Rosine, 664 P.2d 852 (Kan. 1983).
“” K.S.A. 22-3205 outlines the procedure for arraignment as follows: “Arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to him the substance of the charge and calling upon him to plead…”
State v. Huber, 704 P.2d 1004 (Kan. Ct. App. 1985).
“In addition, K.S.A. 22-3205 provides that arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to him the substance of the charge and calling upon him to plead thereto.”
State v. Allison, 910 P.2d 817 (Kan. 1996).
“K.S.A. 1992 Supp. 22-3205(a) provides: “Arraignment shall be conducted in open court and shall consist of reading the cpmplaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto.”
State v. Snyder, 701 P.2d 969 (Kan. Ct. App. 1985).
“K.S.A. 22-3205; Kansas Const. Bill of Rights, § 10; U.”
City of Wichita v. Maddox, 24 P.3d 71 (Kan. 2001).
“K.S.A. 22-3205. This distinction is important because the language relied on by Maddox that “arraignment must be held” was applicable in Burkett since a felony was charged but would not be applicable to this case where the charges consisted only of misdemeanor traffic offenses.”
— K.S.A. § 22-3205(a) — 6 cases
State v. Donesay, 959 P.2d 862 (Kan. 1998).
“22-2902(6), K.S.A. 22-3205(a), and K.S.A. 22-3206(1).”
State v. Valladarez, 206 P.3d 879 (Kan. 2009).
“In asserting the power to arraign does not extend to these functions, Valladarez relies on K.S.A. 22-3205(a), which defines the procedure for an arraignment, stating: “Arraignment shall be conducted in open court and shall consist of reading the complaint, information or…”
State v. Smith, 799 P.2d 497 (Kan. 1990).
“K.S.A. 1989 Supp. 22-3205(a) provides: “Arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto.”
State v. Allison, 910 P.2d 817 (Kan. 1996).
“K.S.A. 1992 Supp. 22-3205(a) provides: “Arraignment shall be conducted in open court and shall consist of reading the cpmplaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto.”
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