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22-3001
Chapter
22.--CRIMINAL PROCEDURE
KANSAS CODE
OF CRIMINAL PROCEDURE
Article
30.--GRAND JURIES
22-3001.
Grand juries; summoning; membership; quorum. (1) A majority of
the district judges in any judicial district may order a grand jury to be
summoned in any county in the district when it is determined to be in the
public interest.
(2)
A grand jury shall be summoned in any county within 60 days after a
petition praying therefor is presented to the district court, bearing the
signatures of a number of electors equal to 100 plus 2% of the total number
of votes cast for governor in the county in the last preceding election. The
petition shall be in substantially the following form:
The
undersigned qualified electors of the county of ______________ and state of
Kansas hereby request that the district court of ______________ county,
Kansas, within 60 days after the filing of this petition, cause a grand jury
to be summoned in the county to investigate alleged violations of law and to
perform such other duties as may be authorized by law.
The
signatures to the petition need not all be affixed to one paper, but each
paper to which signatures are affixed shall have substantially the foregoing
form written or printed at the top thereof. Each signer shall add to such
signer's signature such signer's place of residence, giving the street and
number or rural route number, if any. One of the signers of each paper shall
verify upon oath that each signature appearing on the paper is the genuine
signature of the person whose name it purports to be and that such signer
believes that the statements in the petition are true. The petition shall be
filed in the office of the clerk of the district court who shall forthwith
transmit it to the county election officer, who shall determine whether the
persons whose signatures are affixed to the petition are qualified electors
of the county. Thereupon, the county election officer shall return the
petition to the clerk of the district court, together with such election
officer's certificate stating the number of qualified electors of the county
whose signatures appear on the petition and the aggregate number of votes
cast for all candidates for governor in the county in the last preceding
election. The judge or judges of the district court of the county shall then
consider the petition and, if it is found that the petition is in proper form
and bears the signatures of the required number of electors, a grand jury
shall be ordered to be summoned.
(3)
The grand jury shall consist of 15 members and shall be drawn and
summoned in the same manner as petit jurors for the district court. Twelve
members thereof shall constitute a quorum. The judge or judges ordering the
grand jury shall direct that a sufficient number of legally qualified persons
be summoned for service as grand jurors.
History:
L. 1970, ch. 129, § 22-3001; L. 1976, ch. 163, § 12; L. 1986, ch. 115,
§ 61; L. 2005, ch. 189, § 1; July 1.
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