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.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 32 - Proceedings Before Trial
22-3201 The charge; delayed identification of certain witnesses.
22-3202 Joinder of charges and defendants.
22-3203 Consolidation for trial of separate indictments or informations.
22-3204 Joinder of defendants; separate trials.
22-3205 Arraignment.
22-3208 Pleadings and motions.
22-3210 Plea of guilty or nolo contendere; time limitation.
22-3212 Discovery and inspection.
22-3213 Demands for production of statements and reports of witnesses.
22-3215 Motion to suppress confession or admission.
22-3216 Motion to suppress illegally seized evidence.
22-3218 Plea of alibi; notice.
22-3219 Defense of lack of mental state; notice and procedure; mental examination.
22-3221 Same; special jury question.
22-3222 Same; mental examination, commitment to certain institutions.