Current through end of 2018 legislative session
19-801a Sheriff; election, term, bond.
19-801b Qualifications for office; law enforcement certification required; waiver; status and salary while in attendance.
19-801c Eligibility of sheriffs holding office on July 1, 1972, for nomination and election.
19-802 Condition of such bond.
19-803 Appointment of undersheriff.
19-804 Vacancy in office of sheriff, how filled; duties and liabilities of undersheriff.
19-804a Exercise of functions of sheriff by county clerk, when.
19-805 Deputies and undersheriffs; duties; meetings and seminars; budget; limitation of personnel action.
19-805a Special deputies; appointment, revocation; bonds.
19-805b Same; authority of special deputies.
19-805c Same; act extends appointing power.
19-807d Sheriff's deputies for police protection in certain townships; agreements; contributions by townships; tax levies.
19-810 Appointment of undersheriff or deputy to be in writing; revocation.
19-811 Charge and custody of jail; liability for acts.
19-812 Process, writs, precepts and orders; court attendance; fees.
19-812a Montgomery county; duties of sheriff.
19-812b Neosho county; duties of sheriff.
19-813 Preservation of peace.
19-814 What sheriff shall deliver to successor.
19-815 Writs in hand on expiration of term or removal.
19-816 Default or misconduct of deputy after death, resignation or removal of sheriff.
19-817 Action for default or misconduct of sheriff or deputy.
19-818 Service of paper on sheriff.
19-820 Default as to writ or process; penalties.
19-821 Demanding or receiving illegal fees; penalties.
19-822 Uniforms and display of badges by sheriff and deputies; requirements; exceptions.
19-823 Same; allowance for uniform expense in counties under 200,000.
19-824 Uniforms.
19-826 Fingerprinting of sheriff and candidates for office of sheriff; exception; fingerprints forwarded to K.B.I. for background investigation; cost.
19-827 Payment for services provided by certain special deputies.
19-828 Multijurisdictional law enforcement group.
19-801a Fingerprinting of suspects; disposition of fingerprints.
Except in those counties operating under the provisions of any consolidated law enforcement act, beginning with the general election in 1976, a sheriff shall be elected in each county, for four (4) years. Such sheriff shall, before entering upon the duties of the office, execute to the state of Kansas a good and sufficient corporate surety bond, issued by a company authorized to do business in Kansas in an amount fixed by the board of county commissioners of not less than ten thousand dollars ($10,000). Such bond, when approved, shall be filed in the office of the county clerk.
History: L. 1972, ch. 75, § 1; L. 1972, ch. 93, § 23; L. 1976, ch. 123, § 4; April 30.
19-801b. Qualifications for office; law enforcement certification required; waiver; status and salary while in attendance.
(a) No person shall be eligible for nomination, election or appointment to the office of sheriff unless such person:
(1) Is a citizen of the United States and a qualified elector of the county;
(2) has not been convicted of a crime that would constitute a misdemeanor crime of domestic violence or a felony under the laws of this state;
(3) has not been convicted of a misdemeanor related to gambling, liquor or narcotics within five years immediately preceding the date of election or appointment; and
(4) has: (A) Graduated from a high school accredited by the state board of education or the appropriate accrediting agency of another state jurisdiction; (B) obtained a high school education from a nonaccredited private secondary school as defined in K.S.A. 72-4345, and amendments thereto; or (C) obtained the equivalent of a high school education as defined by rules and regulations of the Kansas commission on peace officers' standards and training.
(b) Unless the commission waives the training requirements of this subsection pursuant to K.S.A. 74-5608a, and amendments thereto, any person elected or appointed to the office of sheriff:
(1) Shall possess current full-time law enforcement certification from the commission;
(2) if such person has allowed such full-time certification to lapse due to more than five years since employment as a Kansas law enforcement officer, shall:
(A) Pass the next scheduled written competency test and firearms proficiency qualification course developed and administered by the Kansas law enforcement training center that is available for such person to attend after election or appointment to the office of sheriff, or the subsequent scheduled written competency test and firearms proficiency qualification course; or
(B) satisfactorily complete the next scheduled full-time basic training course required by K.S.A. 74-5607a, and amendments thereto, that is available for such person to attend after election or appointment to the office of sheriff, or the one subsequent to it; or
(3) if such person has not obtained full-time certification by the commission, shall satisfactorily complete the next scheduled full-time basic training course required by K.S.A. 74-5607a, and amendments thereto, that is available for such person to attend after election or appointment to the office of sheriff, or the one subsequent to it.
(c) Unless the training requirements of subsection (b) are waived by the commission, any person elected or appointed to the office of sheriff who does not meet the training requirements of subsection (b) shall complete such training requirements, or forfeit such office.
(d) Each newly elected sheriff of each county who is required to attend the law enforcement training center shall be hired as a deputy sheriff and shall be paid a salary as deputy sheriff while attending the law enforcement training center. The tuition, board, room and travel expense for the sheriff-elect at the law enforcement training center shall be paid by the county.
History: L. 1972, ch. 75, § 2; L. 1974, ch. 114, § 1; L. 1975, ch. 157, § 1; L. 1977, ch. 89, § 1; L. 1982, ch. 322, § 1; L. 1983, ch. 93, § 1; L. 1995, ch. 180, § 5; L. 1997, ch. 168, § 1; L. 2012, ch. 89, § 11; L. 2018, ch. 92, § 1; July 1.
19-801c. Eligibility of sheriffs holding office on July 1, 1972, for nomination and election.
Any person serving as sheriff on the effective date of this act shall be and remain eligible to nomination and election to succeed himself in office.
History: L. 1972, ch. 75, § 3; July 1.
19-802. Condition of such bond.
The condition of such bond shall be in substance as follows: "Whereas, the above bounden ____ was elected to the office of sheriff of the county of ____, on the ____ day of ____; now the condition of this obligation is such, that if the said ____ shall well and faithfully perform and execute the duties of the office of sheriff of said county of ____, during his continuance in office, by virtue of said election, without fraud, deceit, or oppression, and shall pay over all moneys that may come into his hands as such sheriff, and shall deliver to his successor all writs, papers and other things pertaining to his office, which may be so required by law, then the above obligation shall be void; otherwise, to be and remain in full force and effect."
History: G.S. 1868, ch. 25, § 100; Oct. 31; R.S. 1923, 19-802.
19-803. Appointment of undersheriff.
The sheriff of each county shall, as soon as may be after entering upon the duties of his office, appoint some proper person undersheriff of said county, who shall also be a general deputy, to hold during the pleasure of the sheriff; and as often as a vacancy shall occur in the office of such undersheriff, or he become incapable of executing the same, another shall, in like manner, be appointed in his place.
History: G.S. 1868, ch. 25, § 101; Oct. 31; R.S. 1923, 19-803.
19-804. Vacancy in office of sheriff, how filled; duties and liabilities of undersheriff.
Except in those counties operating under the provisions of consolidated law enforcement acts, whenever a vacancy occurs in the office of sheriff of any county, the undersheriff of such county shall in all things execute the office of sheriff until a sheriff shall be appointed by the governor in the manner provided by law for filling vacancies in the office of member of the house of representatives. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualifies. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualifies at the next general election to serve the remainder of the unexpired term. Nomination and election of such successor shall be in the same manner as nomination and election of a sheriff for a regular term. Any default or misfeasance in office of such undersheriff in the meantime, as well as before such vacancy, shall be deemed to be a breach of the condition of the bond given by the sheriff who appointed the undersheriff, and also a breach of the condition of the bond executed by such undersheriff to the sheriff by whom the undersheriff was appointed.
History: G.S. 1868, ch. 25, § 102; L. 1870, ch. 111, § 1; R.S. 1923, 19-804; L. 1945, ch. 162, § 1; L. 1972, ch. 93, § 24; L. 1983, ch. 94, § 1; L. 1986, ch. 100, § 3; July 1.
19-804a. Exercise of functions of sheriff by county clerk, when.
When there shall be no sheriff or undersheriff in any county, it shall be the duty of the county clerk to exercise all the powers and duties of the sheriff of such clerk's county until a sheriff be elected or qualified. When the sheriff for any cause shall be committed to the jail of such sheriff's county, the county clerk shall be keeper thereof during the time the sheriff shall remain a prisoner therein.
History: G.S. 1868, ch. 25, § 117; R.S. 1923, 19-1002; L. 1965, ch. 164, § 1; L. 1972, ch. 93, § 25; L. 2010, ch. 111, § 1; July 1.
19-805. Deputies and undersheriffs; duties; meetings and seminars; budget; limitation of personnel action.
(a) In addition to the undersheriff, the sheriff also may appoint, promote, demote and dismiss additional deputies and assistants necessary to carry out the duties of the office, for whose official acts the sheriff is responsible. Persons may also be deputized by such sheriff or undersheriff, in writing, to do particular acts. The sheriff and sureties of the sheriff shall be responsible, on the official bond of the sheriff, for the default or misconduct of the undersheriff and deputies.
(b) Within the limitations of the budget for the financing of the operation of the sheriff's office as approved by the board of county commissioners, the sheriff may attend and may require the undersheriff, deputies and any assistants to attend any meeting or seminars which the sheriff determines will be beneficial to the operation of the sheriff's office.
(c) The sheriff shall submit a budget for the financing of the operation of the sheriff's office to the board of county commissioners for their approval.
(d) Any personnel action taken by the sheriff under this section shall be subject to the following: (1) Personnel policies and procedures established by the board of county commissioners for all county employees other than elected officials; (2) any pay plan established by the board of county commissioners for all county employees other than elected officials; (3) any applicable collective bargaining agreements or civil service system; and (4) the budget for the financing of the operation of the sheriff's office as approved by the board of county commissioners.
History: G.S. 1868, ch. 25, § 103; R.S. 1923, 19-805; L. 1983, ch. 91, § 6; July 1.
19-805a. Special deputies; appointment, revocation; bonds.
In all counties, the sheriff shall have authority to appoint so many special deputies as the sheriff deems proper and for whose official acts the sheriff shall be responsible. Before an appointment shall be made the sheriff or marshal of the district court shall have the right to demand an indemnity bond before any commission as special deputy shall be issued. The appointments may be revoked at the pleasure of the appointing officer, except that all appointments made by a sheriff pursuant to this section shall automatically be revoked at the time that such appointing sheriff's service as sheriff concludes. Except as provided by K.S.A. 19-827, and amendments thereto, a special deputy appointed under this section shall not receive any payment, for services rendered, from public funds.
History: L. 1941, ch. 201, § 1; L. 1976, ch. 145, § 59; L. 1996, ch. 149, § 2; L. 2004, ch. 118, § 1; July 1.
19-805b. Same; authority of special deputies.
Except as provided by K.S.A. 19-827, and amendments thereto, special deputies appointed pursuant to K.S.A. 19-805a, and amendments thereto, may be limited in their authority to perform the acts of a peace officer in or about certain specified premises or relating thereto or to provide crime prevention or security services on or about any public facility or property when so directed by the sheriff, but shall have a general right in event of riot, sabotage, terroristic attack or serious disturbances or breach of the peace to call upon and deputize any other peace officer or private citizen to assist such special deputy in quelling such events.
History: L. 1941, ch. 201, § 2; L. 1996, ch. 149, § 3; L. 2004, ch. 118, § 2; July 1.
19-805c. Same; act extends appointing power.
This act shall not be construed as in limitation of any existing powers for the appointment of deputies by sheriffs or marshals of the district court, but as an extension thereof.
History: L. 1941, ch. 201, § 3; L. 1976, ch. 145, § 60; Jan. 10, 1977.
19-807d. Sheriff's deputies for police protection in certain townships; agreements; contributions by townships; tax levies.
The township board in any township which is located in a county in which is located a city having a population in excess of 100,000 is hereby authorized to contribute funds to the county for the purpose of providing sheriff's deputies in addition to those otherwise provided, for the purpose of providing additional police protection within such township and for the purpose of providing and maintaining motorized equipment and radio equipment therefor. The township board shall have power to determine the amount of such contribution and the conditions under which such contributions shall be made.
When the township board informs the sheriff that such board intends to make a contribution pursuant to this section, the sheriff and the township board shall enter into an agreement within 20 days thereafter, which agreement shall specify the additional police protection to be provided and the funds to be contributed. Any and all such agreements relating to contribution of funds shall be by and between the township board and the sheriff with the approval of the board of county commissioners. For the purpose of providing funds to make such contributions, the township board is authorized to levy an annual tax upon all taxable tangible property in such township.
History: L. 1947, ch. 191, § 2; L. 1953, ch. 142, § 1; L. 1955, ch. 147, § 1; L. 1963, ch. 164, § 1; L. 1970, ch. 385, § 2; L. 1999, ch. 154, § 50; May 27.
19-810. Appointment of undersheriff or deputy to be in writing; revocation.
Every appointment of an undersheriff or of a deputy sheriff and every revocation of such appointment, shall be in writing, under the hand of the sheriff, and shall be filed in the office of the clerk of the county; but this section shall not extend to any person who may be deputized by any sheriff or undersheriff to any particular act only.
History: G.S. 1868, ch. 25, § 104; Oct. 31; R.S. 1923, 19-810.
19-811. Charge and custody of jail; liability for acts.
The sheriff shall have the charge and custody of the jail of his county, and all the prisoners in the same, and shall keep such jail himself, or by his deputy or jailer, for whose acts he and his sureties shall be liable.
History: G.S. 1868, ch. 25, § 105; Oct. 31; R.S. 1923, 19-811.
19-812. Process, writs, precepts and orders; court attendance; fees.
The sheriff, in person or by his undersheriff or deputy, shall serve and execute, according to law, all process, writs, precepts and orders issued or made by lawful authority and to him directed, and shall attend upon the several courts of record held in his county, and shall receive such fees for his services as are allowed by law.
History: G.S. 1868, ch. 25, § 106; Oct. 31; R.S. 1923, 19-812.
19-812a. Montgomery county; duties of sheriff.
The sheriff of Montgomery county, Kansas, either the sheriff or a deputy, shall attend the district court held in Montgomery county, Kansas, as requested by a judge of the district court, and shall serve all process, execute all orders issued therefrom, returning the same to the place from which they were issued.
History: L. 1927, ch. 183, § 3; L. 2007, ch. 190, § 1; July 1.
19-812b. Neosho county; duties of sheriff.
The sheriff of Neosho county, Kansas, either the sheriff or a deputy, shall attend the district court held in Neosho county, Kansas, as requested by a judge of the district court, and shall serve all process, execute all orders issued therefrom, returning the same to the place from which they were issued.
History: L. 1955, ch. 183, § 3; L. 2007, ch. 190, § 2; July 1.
19-813. Preservation of peace.
It shall be the duty of the sheriff and undersheriffs and deputies to keep and preserve the peace in their respective counties, and to quiet and suppress all affrays, riots and unlawful assemblies and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they, and every coroner, may call to their aid such person or persons of their county as they may deem necessary.
History: G.S. 1868, ch. 25, § 107; R.S. 1923, 19-813; L. 1974, ch. 446, § 6; July 1.
19-814. What sheriff shall deliver to successor.
Whenever a new sheriff shall be elected and shall have been qualified as required by law, the former sheriff shall, upon demand, deliver to him the jail and other property of the county, and all prisoners in such jail, and all writs, process, orders and other papers belonging to such office and in his possession, or that of his undersheriff or deputies, except as provided in the next succeeding section; and upon delivery thereof, such new sheriff shall execute to the former sheriff his receipt therefor.
History: G.S. 1868, ch. 25, § 108; Oct. 31; R.S. 1923, 19-814.
19-815. Writs in hand on expiration of term or removal.
Sheriffs, undersheriffs and deputies may execute and return all such writs and processes as shall be in their hands at the expiration of their office, or at the time of their removal from office, which they shall have begun to execute by service, levy or collection of money thereon.
History: G.S. 1868, ch. 25, § 109; Oct. 31; R.S. 1923, 19-815.
19-816. Default or misconduct of deputy after death, resignation or removal of sheriff.
Any default or misconduct in the office of deputy sheriff or jailer, after the death, resignation or removal of any sheriff by whom he was appointed, shall be adjudged a breach of the bond of such sheriff.
History: G.S. 1868, ch. 25, § 110; Oct. 31; R.S. 1923, 19-816.
19-817. Action for default or misconduct of sheriff or deputy.
Any action for default or misconduct of any sheriff, his undersheriff, jailer, or any of his deputies, may be prosecuted against the executors or administrators of such sheriff.
History: G.S. 1868, ch. 25, § 111; Oct. 31; R.S. 1923, 19-817.
19-818. Service of paper on sheriff.
Every paper required by law to be served on the sheriff may be served on him in person, or left at his office during his business hours.
History: G.S. 1868, ch. 25, § 112; Oct. 31; R.S. 1923, 19-818.
19-820. Default as to writ or process; penalties.
Whenever any sheriff shall neglect to make due return of any writ or process delivered to him to be executed, or shall be guilty of any default or misconduct in relation thereto, he shall be liable to fine or attachment, or both, at the discretion of the court, subject to appeal; such fine, however, not to exceed two hundred dollars; and also an action for damages to the party aggrieved.
History: G.S. 1868, ch. 25, § 114; Oct. 31; R.S. 1923, 19-820.
19-821. Demanding or receiving illegal fees; penalties.
No sheriff shall, directly or indirectly, ask, demand or receive, for any service to be by him performed in the discharge of any of his official duties, any greater fees than are allowed by law, on pain of forfeiting treble damages to the party aggrieved, and in being fined in a sum not less than twenty-five dollars nor more than two thousand dollars.
History: G.S. 1868, ch. 25, § 115; Oct. 31; R.S. 1923, 19-821.
19-822. Uniforms and display of badges by sheriff and deputies; requirements; exceptions.
County sheriffs and their deputies, when on duty, shall be dressed in a distinctive uniform which shall be furnished by the county, and display a badge of office: Provided, The wearing of such uniform and badge shall be discretionary at the option of the sheriff when he or his deputies are engaged in special investigations or mental patient assignments: And provided further, That special deputies appointed by the sheriff, detectives, clerical personnel and civil process servers; and deputies while engaged in the transportation of prisoners may be excluded from the requirements of this section at the option of the sheriff.
History: L. 1969, ch. 142, § 1; L. 1974, ch. 115, § 1; July 1.
19-823. Same; allowance for uniform expense in counties under 200,000.
County sheriffs and their deputies in counties of less than two hundred thousand (200,000) population shall each receive an allowance for uniform expense of not less than ten dollars ($10) per month, to be paid by the county which such officers serve.
History: L. 1969, ch. 142, § 2; July 1.
The uniform required herein shall be readily distinguishable from the uniform of other law enforcement agencies in the state of Kansas. The sheriff of each county shall designate the color and design of the uniform to be worn by the sheriff and deputies in such sheriff's department.
History: L. 1969, ch. 142, § 3; L. 1998, ch. 115, § 1; July 1.
19-826. Fingerprinting of sheriff and candidates for office of sheriff; exception; fingerprints forwarded to K.B.I. for background investigation; cost.
(a) Before January 1, 1988, each person holding office as sheriff of any county in this state on the effective date of this act shall be fingerprinted as provided by this section.
(b) Before assuming the office of sheriff of any county in this state, a person, other than an undersheriff or county clerk temporarily serving as sheriff pursuant to K.S.A. 19-804 or 19-804a, and amendments thereto, shall be fingerprinted as provided by this section. If the person is a candidate for the office of sheriff, such person shall be fingerprinted at the time of the filing of: (1) Nomination papers or a declaration of intent to become such a candidate; (2) a certificate of nomination as such a candidate of a political party; or (3) a certificate of election to fill a vacancy in such a candidacy.
(c) Fingerprinting pursuant to this section shall be done by the law enforcement agency of the county in the presence of the county election officer. The county election officer shall forthwith forward the fingerprints to the Kansas bureau of investigation for a search of state and national fingerprint files to determine whether the person qualifies for the office of sheriff pursuant to subsection (a)(3) of K.S.A. 19-801b, and amendments thereto. The Kansas bureau of investigation shall certify any conviction record of the person, or lack thereof, found as a result of such search to the county election officer and, if such a record is found, to the attorney general. If the person is a candidate for the office of sheriff and is found, as a result of the search, to be unqualified for such office, the county election officer shall notify the person within three days. Such person found to be unqualified for such office shall have five days from the date of the notice given by the Kansas bureau of investigation to: (1) Present evidence to the county election officer showing error in the conviction record certified by the Kansas bureau of investigation; and (2) seek correction of any such error by the Kansas bureau of investigation. If there is no error in such conviction record, the county election officer shall terminate the person's candidacy and remove the person's name from the ballot.
(d) Fingerprints taken and submitted pursuant to this section shall be on forms approved by the attorney general.
(e) The cost of a search of fingerprint files pursuant to this section shall be paid by the person being fingerprinted.
History: L. 1987, ch. 93, § 1; July 1.
19-827. Payment for services provided by certain special deputies.
A special deputy appointed under K.S.A. 19-805a, and amendments thereto, may receive payment for services rendered and shall have general law enforcement authority throughout the county if such special deputy has satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a, and amendments thereto.
History: L. 1996, ch. 149, § 1; July 1.
19-828. Multijurisdictional law enforcement group.
Any county in the state of Kansas which borders another state, with the agreement of the sheriff, may enter into agreement with the political subdivisions in such other state's contiguous county to form a multijurisdictional law enforcement group for the enforcement of drug and controlled substances laws or for the prevention, detection or investigation of any terroristic activity. Such other state's law enforcement officers may be deputized as officers of the counties of this state participating in such an agreement and shall be deemed to have met all requirements of law enforcement training and certification required under K.S.A. 74-5601 et seq., and amendments thereto, if such officers have satisfied the applicable law enforcement officer training and certification standards in force in such other state. Such other state's law enforcement officers shall have the same powers and immunities as law enforcement officers certified and commissioned in Kansas while conducting investigations to enforce drug and controlled substances laws or engaged in the prevention, detection or investigation of terroristic activity with the multijurisdictional enforcement group.
History: L. 1999, ch. 170, § 6; L. 2004, ch. 118, § 3; July 1.
NOTE: Also see KSA 48-3602. Request for law enforcement assistance from another jurisdiction; authority; liability; definition.