22-3205. Arraignment.
22-3205
22-3205. Arraignment.(a) Arraignment shall be conducted in open court and shall consist ofreading the complaint, information or indictment to the defendant orstating to the defendant the substance of the charge andcalling upon the defendant to pleadthereto. The defendant shall be given a copy of the indictmentor information before the defendant is called upon to plead. Except as provided insubsection (b), if the crime charged is a felony, the defendantmust be personally present for arraignment; if a misdemeanor, withthe approval of the court, the defendant may appear by counsel. Thecourt may direct anyofficer who has custody of the defendant to bring the defendantbefore the court tobe arraigned.
(b) Arraignment may be conducted by two-way electronic audio-videocommunication between the defendant and the judge in lieu of personalpresence of the defendant or the defendant's counsel in the courtroom inthe discretion of the court. The defendant may be accompanied by thedefendant's counsel during such arraignment. Thedefendant shall be informed of the defendant's right to be personallypresent in the courtroomduring arraignment. Exercising the right to be present shall in no wayprejudice the defendant.
(c) The court shall ensure that the defendant has been processed andfingerprinted 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.