22-3440. Contact with jurors; discussion of deliberations or verdict following discharge; violations, contempt. (a) On completion of a jury trial in a criminal action and before the jury is discharged, the judge shall inform the jurors that they have an absolute right to discuss or not to discuss the deliberations or verdict with anyone, except as provided in subsections (f) and (g). The judge shall also inform the jurors of the provisions set forth in subsections (b), (c), (d) and (e).
(b) Immediately following the discharge of the jury in a criminal action, the defendant, or the defendant's attorney or representative, or the prosecutor, or the prosecutor's representative, may discuss the jury deliberations or verdict with a member of the jury only if the juror consents to the discussion.
(c) If a discussion of the jury deliberations or verdict with a member of the jury occurs at any time other than immediately following the discharge of the jury, prior to discussing the jury, the defendant or the defendant's attorney or representative, or the prosecutor or the prosecutor's representative, shall inform the juror of the identity of the case, the party in the case that the person represents, the subject of the interview, the absolute right of the juror to discuss or not discuss the deliberations or verdict in the case with the person and the juror's right to review and have a copy of any declaration filed with the court.
(d) Any unreasonable contact with a juror by the defendant, or the defendant's attorney or representative, or by the prosecutor, or the prosecutor's representative, without the juror's consent shall be immediately reported to the trial court.
(e) Any violation of this section shall be considered a violation of a lawful court order and may be punished as contempt of court.
(f) Nothing in this section shall prohibit a law enforcement officer from discussing the deliberations or verdict with a member of the jury for the purpose of investigating an allegation of criminal conduct.
(g) Nothing in this section shall prohibit the court or a judge from discussing the deliberations or verdict with a member of the jury for any lawful purpose.
(h) This section shall be a part of and supplemental to the Kansas code of criminal procedure.
History: L. 2018, ch. 105, ยง 2; July 1.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 34 - Trials And Incidents Thereto
22-3403 Method of trial of felony cases.
22-3404 Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial.
22-3405 Presence of defendant.
22-3406 Time to prepare for trial.
22-3407 Motion to discharge jury panel.
22-3409 Summoning jurors in misdemeanor case.
22-3411a Felony trials; number of jurors.
22-3412 Jury selection; peremptory challenges; swearing of jury; alternate or additional jurors.
22-3413 Juror's knowledge of material fact.
22-3415 Laws applicable to witnesses; immunity from prosecution or punishment.
22-3417 Objections to rulings.
22-3418 View of place of crime.
22-3419 Motion for judgment of acquittal.
22-3420 Conduct of jury after submission.
22-3424 Judgment and sentence; restitution; duties of court.
22-3425 Commitment for failure to pay fine and costs.
22-3426 Record of judgment; form and content of journal entry.
22-3426a Revocation of probation; form and content of journal entry.
22-3427 Execution of sentence.
22-3428b Same; violation of conditions of release; return to custody.
22-3432 Information for secretary of corrections concerning person convicted.
22-3436 Prosecuting attorney; information to victims; right to be present at certain hearings.