KS
Kansas House Bill HB2373

Kansas 2025-2026 Regular Session

Kansas House Bill HB2373 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2373
33 By Committee on Federal and State Affairs
44 2-11
55 AN ACT concerning immigration; relating to state and local public
66 benefits and eligibility thereof; prohibiting aliens who are unlawfully
77 present in the United States from receiving any state or local public
88 benefit in accordance with applicable federal law; requiring individuals
99 18 years of age and older who apply for any state or local public benefit
1010 to provide proof of being lawfully present; prohibiting the state or any
1111 county or local agency from providing any public benefit to any alien
1212 without first verifying that the alien is lawfully present by use of the
1313 existing systematic alien verification for entitlements program;
1414 requiring state and local agencies administering public benefits to
1515 cooperate with the United States department of homeland security in
1616 achieving verification of an alien's lawful presence; relating to release
1717 prior to criminal trial; requiring any person charged with a crime who is
1818 not a citizen or national of the United States to undergo verification of
1919 such person's immigration status; creating a rebuttable presumption that
2020 a person determined to be an alien who is unlawfully present is at risk
2121 of flight; amending K.S.A. 22-2802 and repealing the existing section.
2222 Be it enacted by the Legislature of the State of Kansas:
2323 New Section 1. (a) No alien who is unlawfully present in the United
2424 States shall receive any state or local public benefit, except for state or
2525 local public benefits that are required to be offered by 8 U.S.C. § 1621(b).
2626 (b) (1) In addition to providing proof of other eligibility requirements,
2727 at the time of application for any state or local public benefit, an individual
2828 applicant who is 18 years of age or older shall provide proof that the
2929 individual applicant is:
3030 (A) A citizen or a permanent resident of the United States; or
3131 (B) an alien who is lawfully present in the United States.
3232 (2) Such affirmative proof shall include documentary evidence
3333 recognized by the division of motor vehicles when processing an
3434 application for a driver's license, as established in K.S.A. 8-240, and
3535 amendments thereto, as well as any document issued by the federal
3636 government that confirms an alien's lawful presence in the United States.
3737 (c) (1) No state, county or local agency shall provide any public
3838 benefit to any alien without first verifying that the alien is lawfully present
3939 in the United States and a qualified alien.
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7676 (2) Such verification shall occur through the systematic alien
7777 verification for entitlements program, operated by the United States
7878 department of homeland security.
7979 (d) State and local agencies administering public benefits in this state
8080 shall cooperate with the United States department of homeland security in
8181 achieving verification of aliens' lawful presence in the United States in
8282 furtherance of this section.
8383 (e) As used in this section:
8484 (1) "Lawfully present in the United States" means the same as
8585 defined in 8 C.F.R. § 1.3.
8686 (2) "Postsecondary educational institution" means the same as
8787 defined in K.S.A. 74-3201b, and amendments thereto.
8888 (3) "Qualified alien" means the same as defined in 8 U.S.C. § 1641.
8989 (4) (A) "State or local public benefit" means the same as defined in 8
9090 U.S.C. § 1621, except as provided in subparagraphs (B) and (C).
9191 (B) "State or local public benefit" does not include any license or
9292 identification card issued by the division of motor vehicles.
9393 (C) "State and local public benefit" includes reduced tuition and fee
9494 amounts offered by postsecondary educational institutions to residents. No
9595 alien who is unlawfully present in the United States shall receive such
9696 reduced tuition or fee amounts under any circumstances. Any provision of
9797 K.S.A. 76-731a, and amendments thereto, that is contrary to the
9898 prohibitions of this section shall be void.
9999 Sec. 2. K.S.A. 22-2802 is hereby amended to read as follows: 22-
100100 2802. (1) Any person charged with a crime shall, at the person's first
101101 appearance before a magistrate, be ordered released pending preliminary
102102 examination or trial upon the execution of an appearance bond in an
103103 amount specified by the magistrate and sufficient to assure the appearance
104104 of such person before the magistrate when ordered and to assure the public
105105 safety. If the person charged with a crime is not a citizen or national of the
106106 United States, such person's immigration status shall be verified with the
107107 federal government pursuant to 8 U.S.C. § 1373(c). For the purposes of
108108 determining the grant of or issuance of an appearance bond, it shall be a
109109 rebuttable presumption that a person who has been determined to be an
110110 alien unlawfully present in the United States is at risk of flight. If the
111111 person is being bound over for a felony, the bond shall also be conditioned
112112 on the person's appearance in the district court or by way of a two-way
113113 electronic audio-video communication as provided in subsection (14) at
114114 the time required by the court to answer the charge against such person
115115 and at any time thereafter that the court requires. Unless the magistrate
116116 makes a specific finding otherwise, if the person is being bonded out for a
117117 person felony or a person misdemeanor, the bond shall be conditioned on
118118 the person being prohibited from having any contact with the alleged
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162162 victim of such offense for a period of at least 72 hours. The magistrate
163163 may impose such of the following additional conditions of release as will
164164 reasonably assure the appearance of the person for preliminary
165165 examination or trial:
166166 (a) Place the person in the custody of a designated person or
167167 organization agreeing to supervise such person;
168168 (b) place restrictions on the travel, association or place of abode of
169169 the person during the period of release;
170170 (c) impose any other condition deemed reasonably necessary to
171171 assure appearance as required, including a condition requiring that the
172172 person return to custody during specified hours;
173173 (d) place the person under a house arrest program pursuant to K.S.A.
174174 21-6609, and amendments thereto; or
175175 (e) place the person under the supervision of a court services officer
176176 responsible for monitoring the person's compliance with any conditions of
177177 release ordered by the magistrate. The magistrate may order the person to
178178 pay for any costs associated with the supervision provided by the court
179179 services department in an amount not to exceed $15 per week of such
180180 supervision. The magistrate may also order the person to pay for all other
181181 costs associated with the supervision and conditions for compliance in
182182 addition to the $15 per week.
183183 (2) In addition to any conditions of release provided in subsection (1),
184184 for any person charged with a felony, the magistrate may order such
185185 person to submit to a drug and alcohol abuse examination and evaluation
186186 in a public or private treatment facility or state institution and, if
187187 determined by the head of such facility or institution that such person is a
188188 drug or alcohol abuser or is incapacitated by drugs or alcohol, to submit to
189189 treatment for such drug or alcohol abuse, as a condition of release.
190190 (3) The appearance bond shall be executed with sufficient solvent
191191 sureties who are residents of the state of Kansas, unless the magistrate
192192 determines, in the exercise of such magistrate's discretion, that requiring
193193 sureties is not necessary to assure the appearance of the person at the time
194194 ordered.
195195 (4) A deposit of cash in the amount of the bond may be made in lieu
196196 of the execution of the bond pursuant to subsection (3). Except as provided
197197 in subsection (5), such deposit shall be in the full amount of the bond and
198198 in no event shall a deposit of cash in less than the full amount of bond be
199199 permitted. Any person charged with a crime who is released on a cash
200200 bond shall be entitled to a refund of all moneys paid for the cash bond,
201201 after deduction of any outstanding restitution, costs, fines and fees, after
202202 the final disposition of the criminal case if the person complies with all
203203 requirements to appear in court. The court may not exclude the option of
204204 posting bond pursuant to subsection (3).
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248248 (5) Except as provided further, the amount of the appearance bond
249249 shall be the same whether executed as described in subsection (3) or
250250 posted with a deposit of cash as described in subsection (4). When the
251251 appearance bond has been set at $2,500 or less and the most serious charge
252252 against the person is a misdemeanor, a severity level 8, 9 or 10 nonperson
253253 felony, a drug severity level 4 felony committed prior to July 1, 2012, a
254254 drug severity level 5 felony committed on or after July 1, 2012, or a
255255 violation of K.S.A. 8-1567, and amendments thereto, the magistrate may
256256 allow the person to deposit cash with the clerk in the amount of 10% of the
257257 bond, provided the person meets at least the following qualifications:
258258 (A) Is a resident of the state of Kansas;
259259 (B) has a criminal history score category of G, H or I;
260260 (C) has no prior history of failure to appear for any court
261261 appearances;
262262 (D) has no detainer or hold from any other jurisdiction;
263263 (E) has not been extradited from, and is not awaiting extradition to,
264264 another state; and
265265 (F) has not been detained for an alleged violation of probation.
266266 (6) In the discretion of the court, a person charged with a crime may
267267 be released upon the person's own recognizance by guaranteeing payment
268268 of the amount of the bond for the person's failure to comply with all
269269 requirements to appear in court. The release of a person charged with a
270270 crime upon the person's own recognizance shall not require the deposit of
271271 any cash by the person.
272272 (7) The court shall not impose any administrative fee.
273273 (8) In determining which conditions of release will reasonably assure
274274 appearance and the public safety, the magistrate shall, on the basis of
275275 available information, take into account the nature and circumstances of
276276 the crime charged; the weight of the evidence against the defendant;
277277 whether the defendant is lawfully present in the United States; the
278278 defendant's family ties, employment, financial resources, character, mental
279279 condition, length of residence in the community, record of convictions,
280280 record of appearance or failure to appear at court proceedings or of flight
281281 to avoid prosecution; the likelihood or propensity of the defendant to
282282 commit crimes while on release, including whether the defendant will be
283283 likely to threaten, harass or cause injury to the victim of the crime or any
284284 witnesses thereto; and whether the defendant is on probation or parole
285285 from a previous offense at the time of the alleged commission of the
286286 subsequent offense.
287287 (9) The appearance bond shall set forth all of the conditions of
288288 release.
289289 (10) A person for whom conditions of release are imposed and who
290290 continues to be detained as a result of the person's inability to meet the
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334334 conditions of release shall be entitled, upon application, to have the
335335 conditions reviewed without unnecessary delay by the magistrate who
336336 imposed them. If the magistrate who imposed conditions of release is not
337337 available, any other magistrate in the county may review such conditions.
338338 (11) A magistrate ordering the release of a person on any conditions
339339 specified in this section may at any time amend the order to impose
340340 additional or different conditions of release. If the imposition of additional
341341 or different conditions results in the detention of the person, the provisions
342342 of subsection (10) shall apply.
343343 (12) Statements or information offered in determining the conditions
344344 of release need not conform to the rules of evidence. No statement or
345345 admission of the defendant made at such a proceeding shall be received as
346346 evidence in any subsequent proceeding against the defendant.
347347 (13) The appearance bond and any security required as a condition of
348348 the defendant's release shall be deposited in the office of the magistrate or
349349 the clerk of the court where the release is ordered. If the defendant is
350350 bound to appear before a magistrate or court other than the one ordering
351351 the release, the order of release, together with the bond and security shall
352352 be transmitted to the magistrate or clerk of the court before whom the
353353 defendant is bound to appear.
354354 (14) Proceedings before a magistrate as provided in this section to
355355 determine the release conditions of a person charged with a crime
356356 including release upon execution of an appearance bond may be conducted
357357 by two-way electronic audio-video communication between the defendant
358358 and the judge in lieu of personal presence of the defendant or defendant's
359359 counsel in the courtroom in the discretion of the court. The defendant may
360360 be accompanied by the defendant's counsel. The defendant shall be
361361 informed of the defendant's right to be personally present in the courtroom
362362 during such proceeding if the defendant so requests. Exercising the right to
363363 be present shall in no way prejudice the defendant.
364364 (15) The magistrate may order the person to pay for any costs
365365 associated with the supervision of the conditions of release of the
366366 appearance bond in an amount not to exceed $15 per week of such
367367 supervision. As a condition of sentencing under K.S.A. 21-6604, and
368368 amendments thereto, the court may impose the full amount of any such
369369 costs in addition to the $15 per week, including, but not limited to, costs
370370 for treatment and evaluation under subsection (2).
371371 New Sec. 3. If any provision of this act is held to be unconstitutional
372372 under the constitution of the United States or the constitution of the state
373373 of Kansas, such provision shall be severed from the act, and the other
374374 provisions of this act shall remain valid and in effect.
375375 Sec. 4. K.S.A. 22-2802 is hereby repealed.
376376 Sec. 5. This act shall take effect and be in force from and after its
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420420 publication in the statute book.1