| 1 | 1 | | Session of 2025 |
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| 2 | 2 | | HOUSE BILL No. 2306 |
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| 3 | 3 | | By Committee on Judiciary |
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| 4 | 4 | | Requested by Representative Tarwater on behalf of Kevin Corbin, Troy Hamlin |
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| 5 | 5 | | and Brent Moroney |
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| 6 | 6 | | 2-5 |
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| 7 | 7 | | AN ACT concerning involuntary manslaughter; relating to driving under |
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| 8 | 8 | | the influence; requiring child support for any child of a victim killed by |
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| 9 | 9 | | a person convicted of involuntary manslaughter while driving under the |
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| 10 | 10 | | influence. |
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| 11 | 11 | | Be it enacted by the Legislature of the State of Kansas: |
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| 12 | 12 | | Section 1. (a) Notwithstanding any provision of law to the contrary, if |
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| 13 | 13 | | a person is convicted of involuntary manslaughter, as defined in K.S.A. |
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| 14 | 14 | | 21-5405(a)(3), and amendments thereto, and the victim of the offense was |
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| 15 | 15 | | the parent of a minor child, then the court shall order the defendant to pay |
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| 16 | 16 | | restitution in the form of reasonable and necessary support of each minor |
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| 17 | 17 | | child of the victim until each minor child reaches 18 years of age and has |
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| 18 | 18 | | graduated from high school, or the class of which the minor child is a |
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| 19 | 19 | | member when the child reaches 18 years of age has graduated from high |
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| 20 | 20 | | school. |
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| 21 | 21 | | (b) When determining the amount of support that is reasonable and |
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| 22 | 22 | | necessary for the support of the child, the court shall consider all relevant |
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| 23 | 23 | | factors, including, but not limited to: |
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| 24 | 24 | | (1) The age of the child; |
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| 25 | 25 | | (2) the financial needs and resources of the child; |
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| 26 | 26 | | (3) the financial resources and needs of the surviving parent or |
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| 27 | 27 | | guardian of the child or the financial resources of the state if the child is in |
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| 28 | 28 | | the custody of the secretary for children and families; |
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| 29 | 29 | | (4) the standard of living to which the child is accustomed; |
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| 30 | 30 | | (5) the physical and emotional condition of the child and the child's |
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| 31 | 31 | | educational needs; |
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| 32 | 32 | | (6) the child's legal custody and residency; and |
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| 33 | 33 | | (7) the reasonable child care expenses of the surviving parent or |
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| 34 | 34 | | guardian. |
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| 35 | 35 | | (c) The court shall order the support payments be paid to the |
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| 36 | 36 | | surviving parent or guardian. The court's order shall be enforced as a |
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| 37 | 37 | | judgment of restitution pursuant to K.S.A. 20-169, and amendments |
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| 38 | 38 | | thereto, and K.S.A. 2024 Supp. 21-6604(b)(2), and amendments thereto. |
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| 39 | 39 | | (d) If the person who is ordered to pay the restitution described in this |
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| 73 | 73 | | 34 HB 2306 2 |
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| 74 | 74 | | section is incarcerated and unable to pay, the person shall have not longer |
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| 75 | 75 | | than one year after such person is released from custody to begin payment |
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| 76 | 76 | | and create a payment plan to address any arrearage. Payments shall |
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| 77 | 77 | | continue until the entire arrearage is paid in full. |
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| 78 | 78 | | (e) (1) If the surviving parent or guardian brings a civil action against |
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| 79 | 79 | | the person ordered to pay the restitution described in this section prior to |
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| 80 | 80 | | the court ordering such restitution and the surviving parent or guardian |
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| 81 | 81 | | obtains a judgment in such action, then the restitution described in this |
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| 82 | 82 | | section shall not be ordered. |
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| 83 | 83 | | (2) If the court enters an order pursuant to this section and the |
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| 84 | 84 | | surviving parent or guardian subsequently brings a civil action and obtains |
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| 85 | 85 | | a judgment, then the order entered pursuant to this section shall be offset |
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| 86 | 86 | | by the amount of the judgment in such action. |
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| 87 | 87 | | Sec. 2. This act shall take effect and be in force from and after its |
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| 88 | 88 | | publication in the statute book. |
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