Kansas House Bill HB2280

Kansas 2023-2024 Regular Session

• Introduced: 2/2/23
• Refer: 2/2/23
• Failed: 4/30/24

Caption

Requiring a person convicted of driving under the influence to pay child support for any child of a person killed during the offense giving rise to such conviction.

Impact

The enactment of HB 2280 would amend existing laws to incorporate mandatory child support payments in the context of criminal sentences for involuntary manslaughter. By enshrining this obligation, the bill reinforces the notion that criminal accountability extends beyond the perpetrator's time served and encompasses the ongoing welfare of affected minors. Courts will be tasked with calculating reasonable support based on various relevant factors, potentially leading to more nuanced judicial decisions regarding child welfare in similar circumstances.

Summary

House Bill 2280 mandates that individuals convicted of involuntary manslaughter, specifically in cases where the victim was a parent of a minor child, are required to pay child support for that child until they reach 18 years of age and graduate from high school. The bill aims to ensure that children, who lose a parent due to the criminal actions of another, are financially supported, addressing a significant gap in restitution laws regarding child welfare in such tragic situations. This legislation symbolizes a shift towards recognizing the rights of minor children affected by violent crimes committed against their parents.

Contention

While the bill aims to protect the interests of minor children, it may face opposition regarding its implementation and ethical implications. Concerns may arise about the fairness of imposing child support obligations on individuals already facing significant criminal penalties. Critics might argue that this could create additional burdens on those already incarcerated, especially if they lack the financial means to fulfill such obligations. Furthermore, arguments may arise regarding existing civil actions against the perpetrator and how they relate to the restitution ordered under this bill, as civil judgments would offset support obligations established through the criminal court.