Kansas Statutes Annotated
Updated Through the 2013 Legislative Session

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Statute Number:22-3205
Chapter Title:CRIMINAL PROCEDURE
Article Title:PROCEEDINGS BEFORE TRIAL
Tax Type:All
Brief Description:Arraignment.
Keywords:


Body:

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.


Date Composed: 04/04/2011 Date Modified: 04/04/2011

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