21-1803. Duty of officers when offense about to be committed under 21-1801; penalty for failure.
21-1803
21-1803. Duty of officers when offense about to be committed under21-1801; penalty for failure.When any sheriff, marshal or other police officer has reason to believeor has knowledge of facts sufficient to induce the belief that any personwithin the municipality over which the jurisdiction of such sheriff,marshal or other police officer extends is about to commit any offensedefined in K.S.A. 21-1801, he shall forthwith arrest such person, and takehim before any judge mentioned in K.S.A. 21-1802, as amended, and givenotice to the county or district attorney for the county in which suchoffense is about to be committed, who shall immediately attend before suchofficer, and, upon the proper affidavit or complaint being filed, prosecutesuch cause; and the subsequent proceedings in such cause shall be the sameas those provided in K.S.A. 21-1802, as amended. The failure or neglect ofany sheriff, marshal or other police officer to perform any duty imposedupon him by the provisions of this act shall work a forfeiture of hisoffice, and it shall be the duty of the county or district attorney forsuch county to cause such forfeiture to be adjudged and such officerremoved from his office, by a proper civil action brought for that purposein the district court of such county.
History: L. 1901, ch. 274, § 3; R.S. 1923, 21-1803; L. 1974, ch. 446, § 9;July 1.