19-4715a. Electronic citations. (a) As used in this section:
(1) "Electronic citation" means a charging citation, complaint or notice to appear which is prepared by a law enforcement officer in an electronic data device with intent that the data collected will be electronically filed with a court as provided in K.S.A. 19-4709 through 19-4715, and amendments thereto, for prosecution of a violation of a county code or resolution. The data elements collected shall conform to the requirements of K.S.A. 19-4709 through 19-4715, and amendments thereto, or the requirements of the secretary of revenue or the secretary's designee pursuant to K.S.A. 79-3393, and amendments thereto, as applicable.
(2) "Electronic citation system" means the device, database or computer software used to create, store, transmit or exchange the data included in an electronic citation.
(3) "Electronic signature" means an electronic signature having legal effect pursuant to the Kansas uniform electronic transaction act, K.S.A. 16-1601 et seq., and amendments thereto.
(b) For purposes of an electronic citation, including the notice to appear and complaint, issued under this section, an electronic signature indicated by the law enforcement officer's typed name, agency and agency identification number has the same effect and is as sufficient as a manual signature as required pursuant to K.S.A. 19-4710, 19-4712, 19-4715, subsection (b) of 22-3201 or 79-3393, and amendments thereto.
(c) A notice to appear, complaint or citation as provided in K.S.A. 19-4709 through 19-4715 or 79-3393, and amendments thereto, shall be deemed to be written if on a paper form or in a document printed from an electronic citation system.
(d) For purposes of signing a notice to appear as provided in K.S.A. 8-2107 and 19-4712, and amendments thereto, a person being charged by a law enforcement officer shall be deemed to have signed the notice to appear if the person physically signs the paper notice to appear or, in the case of an electronic citation, verbally acknowledges that the person promises to appear on or before the date set at or with the designated court. To secure a verbal promise to appear, the law enforcement officer shall ask, "Do you agree to appear at the court on or before (date) ?" The officer shall accurately record the response of the person being charged as: Yes, no or no response.
(e) This section shall be part of and supplemental to the code for enforcement of county codes and resolutions.
History: L. 2010, ch. 56, § 3; July 1.
Structure Kansas Statutes
Chapter 19 - Counties And County Officers
Article 47 - Code For The Enforcement Of County Codes And Resolutions
19-4703 Intent; construction; procedure not provided for.
19-4704 District court; jurisdiction.
19-4705 Presiding judge; compensation.
19-4706 Prosecution of actions.
19-4707 Cost of enforcement; assessment; disposition.
19-4709 Commencement of prosecution.
19-4710 Complaint; sufficiency.
19-4711 Service of complaint and notice to appear.
19-4712 Notice to appear; contents; sufficiency.
19-4713 Uniform complaint and notice to appear; sufficiency.
19-4714 Notice to appear; when used.
19-4715 Same; service; procedure; verification, sufficiency.
19-4715a Electronic citations.
19-4718 Appearance of accused person.
19-4721 Pleas; refusal to plead.
19-4722 Procedure upon plea of guilty.
19-4723 Criminal procedure code, applicable; motions.
19-4725 Discovery; depositions.
19-4726 Subpoenas; witnesses' expenses; abuse of subpoenas.
19-4727 Plea of not guilty; trial; time; continuance.
19-4729 Same; order of presentation.
19-4731 Amendments to complaint.
19-4732 Joinder of two or more accused persons.
19-4734 Judgment entered on docket.
19-4735 Fine; statement of amount and manner of payment; failure to pay.