Kansas Senate Bill SB317

Kansas 2023-2024 Regular Session

• Introduced: 3/16/23
• Refer: 3/17/23
• Failed: 4/30/24

Caption

Permitting a prosecution for childhood sexual abuse to be commenced at any time, extending the time to file civil actions for recovery of damages caused by childhood sexual abuse and providing exceptions in the Kansas tort claims act for claims arising from such abuse.

Impact

One of the notable impacts of SB317 is its alteration of the existing Kansas tort claims act, specifically regarding the handling of claims associated with childhood sexual abuse. Under the amendments proposed in this bill, certain exceptions will be made to the standard limitations on claims against governmental entities. This change is designed to enhance accessibility to justice for survivors who might have previously been barred from pursuing claims due to strict time limitations, thereby demonstrating a commitment to addressing past injustices.

Summary

SB317 aims to reform how childhood sexual abuse cases are handled in Kansas law by allowing prosecutions for such crimes to be commenced at any time, thus eliminating the statute of limitations for these offenses. Additionally, the bill extends the time frame within which victims can file civil actions for damages related to childhood sexual abuse, thereby providing more opportunities for survivors to seek justice and compensation. This legislation is significant in acknowledging and addressing the long-lasting effects of such trauma on victims.

Contention

While supporters of SB317 advocate for these changes as necessary for protecting children and providing justice to victims, some legislators and legal experts raise concerns regarding the implications of allowing unlimited time for prosecution. They worry that this could lead to challenges in defending against cases that are decades old and may lack tangible evidence. Furthermore, there are apprehensions about the potential impact on governmental liability, as the bill modifies how claims against municipalities are processed in the context of childhood sexual abuse, which may evoke debates around accountability and state fiscal responsibilities.