(a) "Allowance expense" means reasonable charges incurred for reasonably needed products, services and accommodations, including those for medical care, rehabilitation, rehabilitative occupational training and other remedial treatment and care and for the replacement of items of clothing or bedding which were seized for evidence. Such term includes a total charge not in excess of $5,000 for expenses in any way related to funeral, cremation or burial; but such term shall not include that portion of a charge for a room in a hospital, clinic, convalescent or nursing home or any other institution engaged in providing nursing care and related services, in excess of a reasonable and customary charge for semi-private accommodations, unless other accommodations are medically required. Such term includes a total charge not in excess of $1,000 for expenses in any way related to crime scene cleanup.
(b) "Board" means the crime victims compensation board established under K.S.A. 74-7303 and amendments thereto.
(c) "Claimant" means any of the following persons claiming compensation under this act: A victim; a dependent of a deceased victim; a third person other than a collateral source; or an authorized person acting on behalf of any of them.
(d) "Collateral source" means a source of benefits or advantages for economic loss otherwise reparable under this act which the victim or claimant has received, or which is readily available to the victim or claimant, from:
(1) The offender;
(2) the government of the United States or any agency thereof, a state or any of its political subdivisions or an instrumentality or two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under this act;
(3) social security, medicare and medicaid;
(4) state-required temporary nonoccupational disability insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the victim for loss which the victim sustained because of the criminally injurious conduct; or
(8) a contract providing prepaid hospital and other health care services or benefits for disability.
(e) "Criminally injurious conduct" means conduct that: (1) (A) Occurs or is attempted in this state or occurs to a person whose domicile is in Kansas who is the victim of a violent crime which occurs in another state, possession, or territory of the United States of America may make an application for compensation if:
(i) The crimes would be compensable had it occurred in the state of Kansas; and
(ii) the places the crimes occurred are states, possessions or territories of the United States of America not having eligible crime victim compensation programs;
(B) poses a substantial threat or personal injury or death; and
(C) either is punishable by fine, imprisonment or death or would be so punishable but for the fact that the person engaging in the conduct lacked capacity to commit the crime under the laws of this state; or
(2) is an act of terrorism, as defined in 18 U.S.C. 2331, or a violent crime that posed a substantial threat or caused personal injury or death, committed outside of the United States against a person whose domicile is in Kansas, except that criminally injurious conduct does not include any conduct resulting in injury or death sustained as a member of the United States armed forces while serving on active duty.
Such term shall not include conduct arising out of the ownership, maintenance or use of a motor vehicle, except for violations of K.S.A. 8-1567 and amendments thereto, or violations of municipal ordinances prohibiting the acts prohibited by that statute, or violations of K.S.A. 8-1602, 21-3404, 21-3405 and 21-3414 and amendments thereto or when such conduct was intended to cause personal injury or death.
(f) "Dependent" means a natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the victim's death.
(g) "Dependent's economic loss" means loss after decedent's death of contributions of things of economic value to the decedent's dependents, not including services they would have received from the decedent if the decedent had not suffered the fatal injury, less expenses of the dependents avoided by reason of decedent's death.
(h) "Dependent's replacement services loss" means loss reasonably incurred by dependents after decedent's death in obtaining ordinary and necessary services in lieu of those the decedent would have performed for their benefit if the decedent had not suffered the fatal injury, less expenses of the dependents avoided by reason of decedent's death and not subtracted in calculating dependent's economic loss.
(i) "Economic loss" means economic detriment consisting only of allowable expense, work loss, replacement services loss and, if injury causes death, dependent's economic loss and dependent's replacement service loss. Noneconomic detriment is not loss, but economic detriment is loss although caused by pain and suffering or physical impairment.
(j) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment and nonpecuniary damage.
(k) "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income, but for the benefit of self or family, if such person had not been injured.
(l) "Work loss" means loss of income from work the injured person would have performed if such person had not been injured, and expenses reasonably incurred by such person in obtaining services in lieu of those the person would have performed for income, reduced by any income from substitute work actually performed by such person or by income such person would have earned in available appropriate substitute work that the person was capable of performing but unreasonably failed to undertake.
(m) "Victim" means a person who suffers personal injury or death as a result of: (1) Criminally injurious conduct; (2) the good faith effort of any person to prevent criminally injurious conduct; or (3) the good faith effort of any person to apprehend a person suspected of engaging in criminally injurious conduct.
(n) "Crime scene cleanup" means removal of blood, stains, odors or other debris caused by the crime or the processing of the crime scene.
History: L. 1978, ch. 130, § 1; L. 1986, ch. 306, § 1; L. 1989, ch. 239, § 9; L. 1995, ch. 243, § 2; L. 1997, ch. 177, § 1; L. 1998, ch. 51, § 1; L. 2004, ch. 98, § 1; L. 2007, ch. 93, § 1; July 1.
(b) The board may adjust compensation so that the total amount of compensation granted in each fiscal year does not exceed the amount of money anticipated to be credited to the crime victim compensation fund during such year. An adjustment may include prorating or prioritizing such compensation based upon the anticipated funds.
History: L. 1978, ch. 130, § 2; L. 1985, ch. 263, § 1; L. 1989, ch. 239, § 10; L. 2004, ch. 125, § 5; July 1.
(b) The terms of members who are serving on the board on the effective date of this act shall expire on March 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(c) The attorney general shall designate a member of the board who is regularly admitted to practice law in this state to serve as chairperson at the pleasure of the attorney general. Members of the board shall receive compensation, subsistence allowances, mileage and expenses as provided by K.S.A. 75-3223 and amendments thereto.
History: L. 1978, ch. 130, § 3; L. 1982, ch. 347, § 47; L. 1989, ch. 239, § 11; L. 1995, ch. 241, § 15; July 1.
(a) The duty to establish and maintain a principal office and other necessary offices within this state, to appoint employees and agents as necessary and to prescribe their duties and compensation, all within the limitations and conditions of appropriations made therefor;
(b) the duty to adopt by rule and regulation a description of the organization of the board, stating the general method and course of operation of the board;
(c) the duty to adopt rules and regulations to carry out the provisions of this act, and the property crime restitution and compensation act[,] including rules for the allowance of attorney fees for representation of claimants; and to adopt rules and regulations providing for discovery proceedings, including medical examination, consistent with the provisions of this act relating thereto. Rules and regulations adopted by the board shall be statements of general applicability which implement, interpret or prescribe policy, or describe the procedure or practice requirements of the board;
(d) the duty to prescribe forms on which applications for compensation shall be made;
(e) the duty to hear and determine all matters relating to claims for compensation, and the power to reinvestigate or reopen claims without regard to statutes of limitation or periods of prescription;
(f) the power to request investigations and data from county and district attorneys and law enforcement officers to enable the board to determine whether and the extent to which a claimant qualifies for compensation. Confidentiality provided by law covering claimant's or victim's juvenile court records shall not be applicable in proceedings under this act;
(g) the duty, if it would contribute to the function of the board, to subpoena witnesses and other prospective evidence, administer oaths or affirmations, conduct hearings and receive relevant, nonprivileged evidence;
(h) the power to take notice of judicially recognizable facts and general, technical and scientific facts within their specialized knowledge;
(i) the duty to make available for public inspection all rules and regulations, written statements of policy, interpretations formulated, adopted or used by the board in discharging its functions, and decisions and opinions of the board;
(j) the duty to publicize the availability of compensation and information regarding the filing of claims therefor.
History: L. 1978, ch. 130, § 4; L. 1989, ch. 239, § 12; L. 1990, ch. 321, § 16; Jan. 1, 1991.
(b) Compensation may not be awarded unless an application has been filed with the board within two years of the reporting of the incident to law enforcement officials if the victim was less than 16 years of age and the injury or death is the result of any of the following crimes: (1) Indecent liberties with a child as defined in K.S.A. 21-3503 and amendments thereto; (2) aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and amendments thereto; (3) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments thereto; (4) enticement of a child as defined in K.S.A. 21-3509 and amendments thereto; (5) indecent solicitation of a child as defined in K.S.A. 21-3510 and amendments thereto; (6) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511 and amendments thereto; (7) sexual exploitation of a child as defined in K.S.A. 21-3516 and amendments thereto; or (8) aggravated incest as defined in K.S.A. 21-3603 and amendments thereto. Compensation for mental health counseling may be awarded, if a claim is filed within two years of testimony, to a claimant who is, or will be, required to testify in a sexually violent predator commitment, pursuant to article 29a of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, of an offender who victimized the claimant or the victim on whose behalf the claim is made. For all other incidents of criminally injurious conduct, compensation may not be awarded unless the claim has been filed with the board within two years after the injury or death upon which the claim is based. Compensation may not be awarded to a claimant who was the offender or an accomplice of the offender and may not be awarded to another person if the award would unjustly benefit the offender or accomplice.
(c) Compensation otherwise payable to a claimant shall be reduced or denied, to the extent, if any that the:
(1) Economic loss upon which the claimant's claim is based is recouped from other persons, including collateral sources;
(2) board deems reasonable because of the contributory misconduct of the claimant or of a victim through whom the claimant claims; or
(3) board deems reasonable, because the victim was likely engaging in, or attempting to engage in, unlawful activity at the time of the crime upon which the claim for compensation is based. This subsection shall not be construed to reduce or deny compensation to a victim of domestic abuse or sexual assault.
(d) Compensation may be awarded only if the board finds that unless the claimant is awarded compensation the claimant will suffer financial stress as the result of economic loss otherwise reparable. A claimant suffers financial stress only if the claimant cannot maintain the claimant's customary level of health, safety and education for self and dependents without undue financial hardship. In making its determination of financial stress, the board shall consider all relevant factors, including:
(1) The number of claimant's dependents;
(2) the usual living expenses of the claimant and the claimant's family;
(3) the special needs of the claimant and the claimant's dependents;
(4) the claimant's income and potential earning capacity; and
(5) the claimant's resources.
(e) Compensation may not be awarded unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer within 72 hours after its occurrence or the board finds there was good cause for the failure to report within that time.
(f) The board, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, may deny, withdraw or reduce an award of compensation.
(g) Except in K.S.A. 21-3602 or 21-3603 or cases of sex offenses established in article 35 of chapter 21, of the Kansas Statutes Annotated, and amendments thereto, compensation may not be awarded if the economic loss is less than $100.
(h) Compensation for work loss, replacement services loss, dependent's economic loss and dependent's replacement service loss may not exceed $400 per week or actual loss, whichever is less.
(i) Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed $25,000 in the aggregate.
History: L. 1978, ch. 130, § 5; L. 1982, ch. 329, § 1; L. 1989, ch. 239, § 13; L. 1990, ch. 321, § 1; L. 1991, ch. 90, § 5; L. 1993, ch. 166, § 1; L. 1995, ch. 243, § 3; L. 1998, ch. 51, § 2; L. 2004, ch. 98, § 2; L. 2006, ch. 92, § 1; July 1.
History: L. 1978, ch. 130, § 6; L. 1989, ch. 239, § 14; July 1.
History: L. 1978, ch. 130, § 7; L. 1988, ch. 356, § 295; July 1, 1989.
(b) If the mental, physical or emotional condition of a victim or claimant is material to a claim, the board may order the victim or claimant to submit to a mental or physical examination by a physician or psychologist, and may order an autopsy of a deceased victim. The order may be made for good cause shown upon notice to the person to be examined and to all persons who have appeared. The order shall specify the time, place, manner, conditions and scope of the examination or autopsy and the person by whom it is to be made; and the order shall require the person to file with the board a detailed written report of the examination or autopsy. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognosis and other conclusions and reports of earlier examinations of the same conditions.
(c) On request of the person examined, the board shall furnish a copy of the report to such person. If the victim is deceased, the board, on request, shall furnish to the claimant a copy of the report.
(d) The board may require the claimant to supplement the application with any reasonably available medical or psychological reports relating to the injury for which compensation is claimed.
(e) All records and information given to the board to process a claim on behalf of a crime victim shall be confidential. Such exhibits, medical records, psychological records, counseling records, work records, criminal investigation records, criminal court case records, witness statements, telephone records, and other records of any type or nature whatsoever gathered for the purpose of evaluating whether to compensate a victim shall not be obtainable by any party to any action, civil or criminal, through any discovery process except:
(1) In the event of an appeal under the Kansas administrative procedure act from a decision of the board and then only to the extent narrowly and necessarily to obtain court review;
(2) upon a strict showing to the court in a separate civil or criminal action that particular information or documents are not obtainable after diligent effort from any independent source, and are known to exist otherwise only in board records, the court may inspect in camera such records to determine whether the specific requested information exists. If the court determines the specific information sought exists in the board records, the documents may then be released only by court order if the court finds as part of its order that the documents will not pose any threat to the safety of the victim or any other person whose identity may appear in board records; or
(3) by any board order granting or denying compensation to a crime victim.
History: L. 1978, ch. 130, § 8; L. 1989, ch. 239, § 15; L. 1993, ch. 166, § 2; July 1.
History: L. 1978, ch. 130, § 9; July 1.
History: L. 1978, ch. 130, § 10; July 1.
History: L. 1978, ch. 130, § 11; L. 1989, ch. 239, § 16; July 1.
(b) As a prerequisite to bringing an action to recover damages related to criminally injurious conduct upon which compensation is claimed or awarded, the claimant must give the board prior written notice of the proposed action. After receiving the notice, the board shall promptly: (1) Join in the action as a party plaintiff to recover compensation awarded; (2) require the claimant to bring the action in the claimant's individual name, as a trustee in behalf of the state, to recover compensation awarded; or (3) reserve its rights and do neither in the proposed action. If, as requested by the board, the action is brought by the claimant as trustee and the claimant recovers compensation awarded by the board, the claimant may deduct from the compensation recovered in behalf of the state the reasonable expenses, including attorney fees, allocable by the court for that recovery.
(c) If a judgment or verdict indicates separately economic loss and noneconomic detriment, payments on the judgment shall be allocated between them in proportion to the amounts indicated. In an action in a court of this state arising out of criminally injurious conduct, the judge, on timely motion, shall direct the jury to return a special verdict, indicating separately the award for noneconomic detriment, punitive damages, if any, and the award for economic loss.
(d) Any moneys received or recovered by or on behalf of the state pursuant to the provisions of this section, less any deductions allowable hereunder, shall be deposited in the state treasury and credited to the crime victims compensation fund.
History: L. 1978, ch. 130, § 12; L. 1986, ch. 307, § 1; L. 1989, ch. 239, § 17; July 1.
(b) At the request of the claimant, the board may pay future economic loss, other than allowable expense, in a lump sum, but only upon a finding by the board that either:
(1) The award in a lump sum will promote the interests of the claimant; or
(2) the present value of all future economic loss, other than allowable expense, does not exceed $1,000.
(c) An award payable in installments for future economic loss may be made only for a period for which the board can reasonably determine future economic loss. An award payable in installments for future economic loss may be modified by the board upon its finding that a material and substantial change of circumstances has occurred.
(d) An award shall not be subject to execution, attachment, garnishment or other process, except that an award for allowable expense shall not be exempt from a claim of a creditor to the extent that the creditor has provided products, services or accommodations the costs of which are included in the award.
(e) An assignment or agreement to assign any right to compensation for loss accruing in the future is unenforceable, except (1) an assignment of any right to compensation for work loss to secure payment of maintenance or child support; or (2) an assignment of any right to compensation for allowable expense to the extent that the benefits are for the cost of products, services or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
History: L. 1978, ch. 130, § 13; L. 1982, ch. 152, § 27; L. 1989, ch. 239, § 18; July 1.
History: L. 1978, ch. 130, § 14; July 1.
(b) A final decision of the board shall be subject to judicial review on the filing of a petition by the claimant, the attorney general or the offender in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1978, ch. 130, § 15; L. 1986, ch. 318, § 135; July 1.
History: L. 1978, ch. 130, § 16; L. 1989, ch. 239, § 19; L. 1995, ch. 243, § 4; July 1.
(b) Moneys in the crime victims compensation fund shall be used only for the payment of compensation pursuant to K.S.A. 74-7301 et seq., and amendments thereto, and for state operations of the board. Payments from the fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board and the attorney general or by a person or persons designated by the chairperson and the attorney general.
(c) The crime victims compensation board may apply for, receive and accept money from any source, including financial contributions from inmates as provided by subsection (b) of K.S.A. 75-5211, and amendments thereto, for the purposes for which money in the crime victims compensation fund may be expended. Upon receipt of any such money, the chairperson of the board shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the crime victims compensation fund.
History: L. 1978, ch. 130, § 17; L. 1982, ch. 167, § 1; L. 1986, ch. 308, § 1; L. 1986, ch. 307, § 2; L. 1989, ch. 239, § 20; L. 2001, ch. 5, § 336; July 1.
History: L. 1978, ch. 130, § 19; July 1.
(b) Upon receipt of such funds pursuant to subsection (a), the crime victims compensation board immediately shall notify the victim of the crime, as defined in K.S.A. 74-7301, and amendments thereto, of such receipt. Within six months of such notification, the victim may file a claim with the board for disbursement of such moneys. If proper application is made and the victim can provide the board evidence of a money judgment within two years of such notification of the victim by the board, and such judgment is against the person accused or convicted of committing such crime, the board shall pay such amount, plus accrued interest at the rate imposed on civil money judgments, to the victim. Such amount shall not exceed the lesser of the amount of the judgment or the amount of the funds received by the board.
(c) In the event at the time of the notification provided in subsection (b), the applicable civil statute of limitations on filing a civil action against such person accused of or convicted of the crime shall have run, the victim shall have six months from such notification to file a notice of claim as provided in subsection (b) and a civil action against the person accused or convicted of the crime.
(d) For purposes of this section and a civil action for money damages filed hereunder, the limitations imposed on money damages in K.S.A. 60-1903, K.S.A. 1992 Supp. 60-19a01 and subsection (e) of K.S.A. 1992 Supp. 60-3701, and amendments thereto, shall not apply.
History: L. 1986, ch. 306, § 2; L. 1989, ch. 239, § 21; L. 1992, ch. 244, § 1; May 21.
(a) Upon dismissal of charges against the accused person or upon acquittal of the accused person, the board shall promptly pay the entire amount to such person, or such person's representatives or assignees.
(b) Upon conviction of the accused person or if the accused person has already been convicted, the board shall promptly distribute the entire amount and any future moneys paid to the board under K.S.A. 74-7319 and amendments thereto as follows:
(1) First, to pay any restitution ordered by the court or by the Kansas parole board to be paid by the convicted person to the person directed by the court or board;
(2) if any moneys remain after payment pursuant to subsection (b)(1), to repay any amount expended by the state board of indigents' defense services on behalf of the convicted person in defending prosecution for the crime, including appeals;
(3) if any moneys remain after payment pursuant to subsections (b)(1) and (2), to pay any court costs assessed against the convicted person in proceedings for prosecution for the crime, including appellate proceedings;
(4) if any moneys remain after payment pursuant to subsections (b)(1), (2) and (3), to pay compensation pursuant to K.S.A. 74-7321 and amendments thereto; and
(5) if any moneys remain after payment pursuant to subsections (b)(1), (2), (3) and (4), to pay crime victims compensation pursuant to K.S.A. 74-7301 through 74-7318 and amendments thereto, for which purpose such moneys shall be deposited in the state treasury and credited to the state general fund.
History: L. 1986, ch. 306, § 3; L. 1987, ch. 313, § 1; L. 1989, ch. 239, § 22; July 1.
(b) The limitations provided by K.S.A. 74-7301 et seq., and amendments thereto shall not apply to compensation paid pursuant to this section.
(c) The crime victims compensation board shall adopt such rules and regulations as necessary to administer the provisions of K.S.A. 74-7319, 74-7320 and 74-7321 and amendments thereto.
History: L. 1986, ch. 306, § 4; L. 1987, ch. 313, § 2; L. 1989, ch. 239, § 23; July 1.
(b) All expenditures from the protection from abuse fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.
(c) The attorney general may apply for, receive and accept moneys from any source for the purposes for which moneys in the protection from abuse fund may be expended. Upon receipt of any such moneys, the attorney general shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the protection from abuse fund.
(d) Grants made to programs pursuant to this section shall be based on the numbers of persons served by the program and shall be made only to the city of Wichita or to agencies which are engaged, as their primary function, in programs aimed at preventing domestic violence or sexual assault or providing residential services or facilities to family or household members who are victims of domestic violence or sexual assault. In order for programs to qualify for funding under this section, they must:
(1) Meet the requirements of section 501(c) of the internal revenue code of 1986;
(2) be registered and in good standing as a nonprofit corporation;
(3) meet normally accepted standards for nonprofit organizations;
(4) have trustees who represent the racial, ethnic and socioeconomic diversity of the county or counties served;
(5) have received 50% or more of their funds from sources other than funds distributed through the fund, which other sources may be public or private and may include contributions of goods or services, including materials, commodities, transportation, office space or other types of facilities or personal services;
(6) demonstrate ability to successfully administer programs;
(7) make available an independent certified audit of the previous year's financial records;
(8) have obtained appropriate licensing or certification, or both;
(9) serve a significant number of residents of the county or counties served;
(10) not unnecessarily duplicate services already adequately provided to county residents; and
(11) agree to comply with reporting requirements of the attorney general.
The attorney general may adopt rules and regulations establishing additional standards for eligibility and accountability for grants made pursuant to this section.
(e) As used in this section:
(1) "Domestic abuse" means abuse as defined by the protection from abuse act (K.S.A. 60-3101 et seq., and amendments thereto).
(2) "Sexual assault" means acts defined in article 35 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto.
(f) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the protection from abuse fund interest earnings based on:
(1) The average daily balance of moneys in the protection from abuse fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1984, ch. 135, § 4; L. 1989, ch. 239, § 24; L. 1994, ch. 335, § 9; L. 1995, ch. 243, § 5; L. 1996, ch. 234, § 19; L. 1998, ch. 123, § 3; L. 2001, ch. 5, § 337; L. 2002, ch. 51, § 3; July 1.
(b) On and after July 1, 1989, whenever the crime victims reparations board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference shall mean and apply to the crime victims compensation board.
(c) Nothing in this act shall be construed as abolishing the crime victims reparations board or as reestablishing the same.
History: L. 1989, ch. 239, § 26; July 1.
(b) Whenever the crime victims reparations fund, or words of like effect, is referred to or designated by statute, contract or other document, such reference or designation shall mean and apply to the crime victims compensation fund.
History: L. 1989, ch. 239, § 27; July 1.
(1) Victims should be treated with courtesy, compassion and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.
(2) Victims should receive, through formal and informal procedures, prompt and fair redress for the harm which they have suffered.
(3) Information regarding the availability of criminal restitution, recovery of damages in a civil cause of action, the crime victims compensation fund and other remedies and the mechanisms to obtain such remedies should be made available to victims.
(4) Information should be made available to victims about their participation in criminal proceedings and the scheduling, progress and ultimate disposition of the proceedings.
(5) The views and concerns of victims should be ascertained and the appropriate assistance provided throughout the criminal process.
(6) When the personal interests of victims are affected, the views or concerns of the victim should, when appropriate and consistent with criminal law and procedure, be brought to the attention of the court.
(7) Measures may be taken when necessary to provide for the safety of victims and their families and to protect them from intimidation and retaliation.
(8) Enhanced training should be made available to sensitize criminal justice personnel to the needs and concerns of victims and guidelines should be developed for this purpose.
(9) Victims should be informed of the availability of health and social services and other relevant assistance that they might continue to receive the necessary medical, psychological and social assistance through existing programs and services.
(10) Victims should report the crime and cooperate with law enforcement authorities.
(b) As used in this act, "victim" means any person who suffers direct or threatened physical, emotional or financial harm as the result of the commission or attempted commission of a crime against such person.
(c) As used in this act and as used in article 15 of section 15 of the Kansas constitution, the term "crime" shall not include violations of ordinances of cities except for violations of ordinances of cities which prohibit acts or omissions which are prohibited by articles 33, 34, 35 and 36 of chapter 21 of the Kansas Statutes Annotated and as provided in subsection (d).
(d) The governing body of any city which has established a municipal court shall adopt policies which afford the rights granted to victims of crime pursuant to this act and pursuant to article 15 of section 15 of the Kansas constitution to victims of ordinance violations specified in such policies.
(e) Nothing in this act shall be construed as creating a cause of action on behalf of any person against the state, a county, a municipality or any of their agencies, instrumentalities or employees responsible for the enforcement of rights as provided in this act.
(f) This section shall be known and may be cited as the bill of rights for victims of crime act.
History: L. 1989, ch. 239, § 28; L. 1993, ch. 246, § 1; July 1.
(b) All expenditures from the crime victims assistance fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.
(c) The attorney general may apply for, receive and accept moneys from any source for the purposes for which moneys in the crime victims assistance fund may be expended. Upon receipt of any such moneys, the attorney general shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the crime victims assistance fund.
(d) Grants made to programs with funds derived from K.S.A. 12-4117, 19-101e, 19-4707 and 20-367, and amendments thereto, shall be based on the numbers of persons served by the program and shall be made only to programs aimed at preventing child abuse and neglect or providing residential services or facilities to victims of child abuse or neglect. In order for programs to qualify for funding under this section, they must:
(1) Meet the requirements of section 501(c) of the internal revenue code of 1986;
(2) be registered and in good standing as a nonprofit corporation;
(3) meet normally accepted standards for nonprofit organizations;
(4) have trustees who represent the racial, ethnic and socioeconomic diversity of the county or counties served;
(5) have received 50% or more of their funds from sources other than funds distributed through the fund, which other sources may be public or private and may include contributions of goods or services, including materials, commodities, transportation, office space or other types of facilities or personal services;
(6) demonstrate ability to successfully administer programs;
(7) make available an independent certified audit of the previous year's financial records;
(8) have obtained appropriate licensing or certification, or both;
(9) serve a significant number of residents of the county or counties served;
(10) not unnecessarily duplicate services already adequately provided to county residents; and
(11) agree to comply with reporting requirements of the attorney general.
The attorney general may adopt rules and regulations establishing additional standards for eligibility and accountability for grants made pursuant to this section.
(e) All moneys credited to the fund pursuant to K.S.A. 23-108a, and amendments thereto, shall be set aside to use as matching funds for meeting any federal requirement for the purpose of establishing child exchange and visitation centers as provided in K.S.A. 75-720, and amendments thereto. If no federal funds are made available to the state for the purpose of establishing such child exchange and visitation centers, then such moneys may be used as otherwise provided in this section. Only those moneys credited to the fund pursuant to K.S.A. 23-108a, and amendments thereto, may be used for such matching funds. No state general fund moneys shall be used for such matching funds.
History: L. 1989, ch. 239, § 29; L. 1994, ch. 335, § 10; L. 1995, ch. 243, § 6; L. 1996, ch. 188, § 4; L. 2001, ch. 5, § 338; July 1.
(b) The victim of a crime or the victim's family shall be notified of the right to be present at any proceeding or hearing where probation or parole is considered or granted by a judge whether or not a public hearing is conducted or required.
(c) As used in this section: (1) "Public hearing" means any court proceeding or administrative hearing which is open to the public and shall include but not be limited to the:
(A) Preliminary hearing;
(B) trial;
(C) sentencing;
(D) sentencing modification;
(E) public comment sessions, pursuant to K.S.A. 22-3717, and amendments thereto;
(F) expungement hearing; and
(G) granting of probation or parole by a judge.
(2) "Victim's family" means a spouse, surviving spouse, children, parents, legal guardian, siblings, stepparent or grandparents.
(3) "Juvenile offender proceedings" means any hearing concerning a juvenile pursuant to the revised Kansas juvenile justice code.
(d) The city, county or district attorney or municipal court clerk shall notify any victim of the crime who is alive and whose address is known to the city, county or district attorney or municipal court clerk or, if the victim is deceased, to the victim's family if the family's address is known to such attorney or clerk.
(e) Costs of transportation for the victim to appear shall be borne by the victim unless the appearance is required pursuant to a subpoena or other order of the court.
History: L. 1989, ch. 239, § 30; L. 1993, ch. 246, § 2; L. 1995, ch. 243, § 7; L. 1996, ch. 229, § 125; L. 2006, ch. 169, § 121; Jan. 1, 2007.
(1) 11.99% to the crime victims compensation fund;
(2) 2.45% to the crime victims assistance fund;
(3) 3.01% to the community alcoholism and intoxication programs fund;
(4) 2.01% to the department of corrections alcohol and drug abuse treatment fund;
(5) 0.17% to the boating fee fund;
(6) 0.12% to the children's advocacy center fund;
(7) 2.50% to the EMS revolving fund;
(8) 2.50% to the trauma fund;
(9) 2.50% to the traffic records enhancement fund; and
(10) the remainder of the remittances to the state general fund.
(b) The county treasurer shall deposit grant moneys as provided in subsection (a), from the crime victims assistance fund, to the credit of a special fund created for use by the county or district attorney in establishing and maintaining programs to aid witnesses and victims of crime.
History: L. 1989, ch. 239, § 31; L. 1995, ch. 243, § 8; L. 2001, ch. 200, § 18; L. 2001, ch. 211, § 17; L. 2004, ch. 125, § 6; L. 2006, ch. 85, § 17; L. 2007, ch. 140, § 17; L. 2007, ch. 195, § 40; July 1.
(a) Create, coordinate and assist in the operation of local victim-witness programs throughout the state;
(b) respond to a statewide victims rights telephone hotline;
(c) administer the Kansas crime victims assistance fund; and
(d) report to the legislature on or before February 1, 1996, regarding the use of moneys received from docket fees and credited to the crime victims assistance fund and the protection from abuse fund and recommendations for further assistance for programs receiving grants from such funds.
History: L. 1989, ch. 239, § 32; L. 1994, ch. 335, § 11; July 1.
(b) Any victim, or a member of the victim's family of a crime, if such victim requests notice of the public comment session, shall give the secretary of corrections such victim's name and current address or the name and current address of the victim's family. It shall be the duty of the victim or the victim's family to provide the secretary with any change in name or address or change in the person to be notified pursuant to this section.
(c) The secretary of corrections shall keep a record of all victims and their current addresses or such victims' family and their current addresses, who give the secretary such victim or victims' family name pursuant to subsection (b), and shall update such record as notified by the victims or the victims' family. Such record shall be kept confidential and separate from all other records and shall not be available to the inmate or any other party other than the victim or the victim's family.
History: L. 1991, ch. 94, § 2; L. 2002, ch. 163, § 7; July 1.