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Section 22-3436 – Prosecuting attorney; information to victims; right to be present at certain hearings

May 13, 2021 | Criminal Procedure, Kansas

This section applies if a defendant is charged with a crime pursuant to articles 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 2020 Supp. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-6422, and amendments thereto.

(a) The prosecuting attorney, as defined in K.S.A. 22-2202, and amendments thereto, shall:

(1) Inform the victim or the victim’s family before any dismissal or declining of prosecuting charges;
(2) inform the victim or the victim’s family of the nature of any proposed plea agreement; and
(3) inform and give notice to the victim or the victim’s family of the rights established in subsection (b).
(b) The victim of a crime or the victim’s family have the right to be present at any hearing where a plea agreement is reviewed or accepted and the parties may submit written arguments to the court prior to the date of the hearing.

K.S.A. 22-3436

Amended by L. 2015, ch. 94,§ 5, eff. 7/1/2015.
Amended by L. 2011, ch. 30,§ 131, eff. 7/1/2011.
L. 1991, ch. 90, § 3; L. 2006, ch. 212, § 18; July 1.