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

K.S.A. § 22-3801 (2026)

Liability for costs

✓ current as of May 2026
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22-3801. Liability for costs. (a) If the defendant in a criminal case is convicted, the court costs shall be taxed against the defendant and shall be a judgment against the defendant which may be enforced as judgments for payment of money in civil cases.

(b) Jury fees are not court costs and shall be paid by the county in all criminal cases.

(c) The county shall not be reimbursed for the cost of employing a special prosecutor.

History: L. 1970, ch. 129, § 22-3801; L. 1978, ch. 128, § 1; L. 1982, ch. 116, § 4; L. 2007, ch. 51, § 1; July 1.

Notes of Decisions
Cited in 33 cases (14 in the last 5 years), 1983–2026 · leading case: State v. Alvarez, 432 P.3d 1015 (Kan. 2019).
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State v. Alvarez, 432 P.3d 1015 (Kan. 2019). · cites it 8× “The Court of Appeals held that the court had authority to tax Alvarez for the trial exhibit expenses under K.S.A. 22-3801 and K.S.A. 2017 Supp. 28-172a.”
State v. Gentry, 449 P.3d 429 (Kan. 2019). · cites it 2× “21-6604 and court costs are subject to K.S.A. 22-3801 and K.S.A. 2018 Supp. 28-172a.”
State v. Douglas, 279 P.3d 133 (Kan. Ct. App. 2012). · cites it 7× “75-719(d) authorized Kansas judicial districts to use outside agencies for collecting court debts and that pursuant to K.S.A. 22-3801(a) the district court has no authority to waive a defendant’s obligation to pay court costs.”
State v. Phillips, 210 P.3d 93 (Kan. 2009). · cites it 3× “K.S.A. 22-3801; K.S.A. 2008 Supp. 12-16,119.”
State v. Dean, 743 P.2d 98 (Kan. Ct. App. 1987). · cites it 5× “22-2723 [procedure for extradition of a person charged with a crime in this state] shall be treated-as costs of the criminal proceedings and shall be taxed and paid as provided in K.S.A. 22-3801 et seq.” Read in conjunction with K.”
State v. Higgins, 732 P.2d 760 (Kan. 1987). · cites it 5× “22-2724 and K.S.A. 1986 Supp. 22-3801. The trial court then paroled defendant from paying these assessed extradition costs.”
State v. Lopez, 143 P.3d 695 (Kan. Ct. App. 2006). · cites it 2× “K.S.A. 22-3801; State v. Shannon, 194 Kan.”
State v. Garrett, 780 P.2d 168 (Kan. Ct. App. 1989). · cites it 2× “22-2724 provides that extradition costs “shall be treated as costs of the criminal proceedings and shall be taxed and paid as provided in K.S.A. 22-3801 et seq.” Under K.S.A. 22-3801(a), the taxing of court costs against the convicted defendant is mandatory.”
People v. Palomo, 272 P.3d 1106 (Colo. Ct. App. 2011). “3d 695, 699 (2006) (where the statute states that "[if the defendant in a eriminal case is convicted, the court costs shall be taxed against the defendant," Kan. Stat. Ann. § 22-3801 (a) (2005), "it is beyond the district court's discretion to award costs and expenses that were…”
State v. Phelps, 20 P.3d 731 (Kan. Ct. App. 2001). “28-125 for each day he or she is required to travel and appear as a witness. K.S.A. 28-125 provides that a witness shall receive $10 per day for attending any proceeding before a court and mileage at the rate prescribed by law for each mile necessarily and actually traveled in…”
State v. DeHerrera, 834 P.2d 918 (Kan. 1992). “21-4603(2) nor McNaught support the trial court’s contention that a defendant can be ordered to pay restitution while incarcerated as long as there is a showing the defendant is able to pay. Our holding regarding the immediate payment of restitution in no way affects the well…”
Bd. of Sedgwick Cnty. Commr's v. Noone, 682 P.2d 1303 (Kan. 1984). “19-101e: “(a) Except as provided in subsection (b), the items allowable as costs shall be the same as in cases for misdemeanor violations of state law and shall be taxed as provided in K.S.A. 22-3801 and 22-3803, inclusive. “(b) The fees and mileage for the attendance of…”
Show all 33 citing cases →
— K.S.A. § 22-3801(a) — 24 cases
State v. Alvarez, 432 P.3d 1015 (Kan. 2019). “The Court of Appeals held that the court had authority to tax Alvarez for the trial exhibit expenses under K.S.A. 22-3801 and K.S.A. 2017 Supp. 28-172a.”
State v. Douglas, 279 P.3d 133 (Kan. Ct. App. 2012). “75-719(d) authorized Kansas judicial districts to use outside agencies for collecting court debts and that pursuant to K.S.A. 22-3801(a) the district court has no authority to waive a defendant’s obligation to pay court costs.”
State v. Gentry, 449 P.3d 429 (Kan. 2019). “21-6604 and court costs are subject to K.S.A. 22-3801 and K.S.A. 2018 Supp. 28-172a.”
State v. Phillips, 210 P.3d 93 (Kan. 2009). “K.S.A. 22-3801; K.S.A. 2008 Supp. 12-16,119.”
State v. Dean, 743 P.2d 98 (Kan. Ct. App. 1987). “22-2723 [procedure for extradition of a person charged with a crime in this state] shall be treated-as costs of the criminal proceedings and shall be taxed and paid as provided in K.S.A. 22-3801 et seq.” Read in conjunction with K.”
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