Kansas 2025-2026 Regular Session

Kansas House Bill HB2393 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2393
3	3	By Committee on Appropriations
4	4	Requested by Representative Waymaster
5	5	2-27
6	6	AN ACT concerning courts; relating to court fees and costs; authorizing
7	7	the supreme court to impose a charge to fund the costs of non-judicial
8	8	personnel through June 30, 2030; amending K.S.A. 8-2107, 20-3021,
9	9	21-6614, 22-2410, 23-2510, 28-170, 28-172a, 28-179, 38-2215, 38-
10	10	2312 and 38-2314 and K.S.A. 2024 Supp. 8-2110, 28-177, 28-178, 32-
11	11	1049a, 59-104, 60-729, 60-2001, 60-2203a, 61-2704, 61-4001 and 65-
12	12	409 and repealing the existing sections.
13	13	Be it enacted by the Legislature of the State of Kansas:
14	14	Section 1. K.S.A. 8-2107 is hereby amended to read as follows: 8-
15	15	2107. (a) (1) Notwithstanding any other provisions of the uniform act
16	16	regulating traffic on highways, when a person is stopped by a police
17	17	officer for any of the offenses described in subsection (d) and such person
18	18	is not immediately taken before a judge of the district court, the police
19	19	officer may require the person stopped, subject to the provisions of
20	20	subsection (c), to deposit with the officer a valid Kansas driver's license in
21	21	exchange for a receipt therefor issued by such police officer, the form of
22	22	which shall be approved by the division of vehicles. Such receipt shall be
23	23	recognized as a valid temporary Kansas driver's license authorizing the
24	24	operation of a motor vehicle by the person stopped until the date of the
25	25	hearing stated on the receipt. The driver's license and a written copy of the
26	26	notice to appear shall be delivered by the police officer to the court having
27	27	jurisdiction of the offense charged as soon as reasonably possible. If the
28	28	hearing on such charge is continued for any reason, the judge may note on
29	29	the receipt the date to which such hearing has been continued and such
30	30	receipt shall be recognized as a valid temporary Kansas driver's license
31	31	until such date, but in no event shall such receipt be recognized as a valid
32	32	Kansas driver's license for a period longer than 30 days from the date set
33	33	for the original hearing. Any person who has deposited a driver's license
34	34	with a police officer under this subsection shall have such license returned
35	35	upon final determination of the charge against such person.
36	36	(2) In the event the person stopped deposits a valid Kansas driver's
37	37	license with the police officer and fails to appear in the district court on the
38	38	date set for appearance, or any continuance thereof, and in any event
39	39	within 30 days from the date set for the original hearing, the court shall
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75	75	forward such person's driver's license to the division of vehicles with an
76	76	appropriate explanation attached thereto. Upon receipt of such person's
77	77	driver's license, the division shall suspend such person's privilege to
78	78	operate a motor vehicle in this state until such person appears before the
79	79	court having jurisdiction of the offense charged, the court makes a final
80	80	disposition thereof and notice of such disposition is given by the court to
81	81	the division. No new or replacement license shall be issued to any such
82	82	person until such notice of disposition has been received by the division.
83	83	The provisions of K.S.A. 8-256, and amendments thereto, limiting the
84	84	suspension of a license to one year, shall not apply to suspensions for
85	85	failure to appear as provided in this subsection.
86	86	(b) No person shall apply for a replacement or new driver's license
87	87	prior to the return of such person's original license which has been
88	88	deposited in lieu of bond under this section. Violation of this subsection is
89	89	a class C misdemeanor. The division may suspend such person's driver's
90	90	license for a period of not to exceed one year from the date the division
91	91	receives notice of the disposition of the person's charge as provided in
92	92	subsection (a).
93	93	(c) (1) In lieu of depositing a valid Kansas driver's license with the
94	94	stopping police officer as provided in subsection (a), the person stopped
95	95	may elect to give bond in the amount specified in subsection (d) for the
96	96	offense for which the person was stopped. When such person does not
97	97	have a valid Kansas driver's license, such person shall give such bond.
98	98	Such bond shall be subject to forfeiture if the person stopped does not
99	99	appear at the court and at the time specified in the written notice provided
100	100	for in K.S.A. 8-2106, and amendments thereto.
101	101	(2) Such bond may be a cash bond, a bank card draft from any valid
102	102	and unexpired credit card approved by the division of vehicles or
103	103	superintendent of the Kansas highway patrol or a guaranteed arrest bond
104	104	certificate issued by either a surety company authorized to transact such
105	105	business in this state or an automobile club authorized to transact business
106	106	in this state by the commissioner of insurance. If any of the approved bank
107	107	card issuers redeem the bank card draft at a discounted rate, such discount
108	108	shall be charged against the amount designated as the fine for the offense.
109	109	If such bond is not forfeited, the amount of the bond less the discount rate
110	110	shall be reimbursed to the person providing the bond by the use of a bank
111	111	card draft. Any such guaranteed arrest bond certificate shall be signed by
112	112	the person to whom it is issued and shall contain a printed statement that
113	113	such surety company or automobile club guarantees the appearance of
114	114	such person and will, in the event of failure of such person to appear in
115	115	court at the time of trial, pay any fine or forfeiture imposed on such person
116	116	not to exceed an amount to be stated on such certificate.
117	117	(3) Such cash bond shall be taken in the following manner: The
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161	161	police officer shall furnish the person stopped a stamped envelope
162	162	addressed to the judge or clerk of the court named in the written notice to
163	163	appear and the person shall place in such envelope the amount of the bond,
164	164	and in the presence of the police officer shall deposit the same in the
165	165	United States mail. After such cash payment, the person stopped need not
166	166	sign the written notice to appear, but the police officer shall note the
167	167	amount of the bond mailed on the notice to appear form and shall give a
168	168	copy of such form to the person. If the person stopped furnishes the police
169	169	officer with a guaranteed arrest bond certificate or bank card draft, the
170	170	police officer shall give such person a receipt therefor and shall note the
171	171	amount of the bond on the notice to appear form and give a copy of such
172	172	form to the person stopped. Such person need not sign the written notice to
173	173	appear, and the police officer shall present the notice to appear and the
174	174	guaranteed arrest bond certificate or bank card draft to the court having
175	175	jurisdiction of the offense charged as soon as reasonably possible.
176	176	(d) The offenses for which appearance bonds may be required as
177	177	provided in subsection (c) and the amounts thereof shall be as follows:
178	178	On and after July 1, 1996:
179	179	Reckless driving...................................................................................... $82
180	180	Driving when privilege is canceled, suspended or revoked...................... 82
181	181	Failure to comply with lawful order of officer.......................................... 57
182	182	Registration violation (registered for 12,000 pounds or less)................... 52
183	183	Registration violation (registered for more than 12,000 pounds)............. 92
184	184	No driver's license for the class of vehicle operated or violation
185	185	of restrictions........................................................................................ 52
186	186	Spilling load on highway........................................................................... 52
187	187	Transporting open container of alcoholic liquor or cereal malt
188	188	beverage accessible while vehicle in motion..................................... 223
189	189	(e) In the event of forfeiture of any bond under this section, $75 of
190	190	the amount forfeited shall be regarded as a docket fee in any court having
191	191	jurisdiction over the violation of state law.
192	192	(f) None of the provisions of this section shall be construed to
193	193	conflict with the provisions of the nonresident violator compact.
194	194	(g) When a person is stopped by a police officer for any traffic
195	195	infraction and the person is a resident of a state which is not a member of
196	196	the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments
197	197	thereto, or the person is licensed to drive under the laws of a foreign
198	198	country, the police officer may require a bond as provided for under
199	199	subsection (c). The bond shall be in the amount specified in the uniform
200	200	fine schedule in K.S.A. 8-2118(c), and amendments thereto, plus $75
201	201	which shall be regarded as a docket fee in any court having jurisdiction
202	202	over the violation of state law.
203	203	(h) When a person is stopped by a police officer for failure to provide
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247	247	proof of financial security pursuant to K.S.A. 40-3104, and amendments
248	248	thereto, and the person is a resident of another state or the person is
249	249	licensed to drive under the laws of a foreign country, the police officer
250	250	may require a bond as provided for under subsection (c). The bond shall be
251	251	in the amount of $75, plus $75 which shall be regarded as a docket fee in
252	252	any court having jurisdiction over the violation of state law.
253	253	(i) Except as provided further, the docket fee established in this
254	254	section shall be the only fee collected or moneys in the nature of a fee
255	255	collected for the docket fee. Such fee shall only be established by an act of
256	256	the legislature and no other authority is established by law or otherwise to
257	257	collect a fee. On and after July 1, 2019 2025, through June 30, 2025 2030,
258	258	the supreme court may impose an additional charge, not to exceed $22 per
259	259	docket fee, to fund the costs of non-judicial personnel.
260	260	Sec. 2. K.S.A. 2024 Supp. 8-2110 is hereby amended to read as
261	261	follows: 8-2110. (a) Failure to comply with a traffic citation means failure
262	262	either to: (1) Appear before any district or municipal court in response to a
263	263	traffic citation and pay any fine and court costs imposed as ordered by the
264	264	court; or (2) otherwise comply with a traffic citation as provided in K.S.A.
265	265	8-2118, and amendments thereto. Failure to comply with a traffic citation
266	266	is a misdemeanor, regardless of the disposition of the charge for which
267	267	such citation was originally issued.
268	268	(b) (1) (A) In addition to penalties of law applicable under subsection
269	269	(a), when a person fails to comply with a traffic citation, except for any
270	270	violations provided in subparagraph (C), the district or municipal court in
271	271	which the person should have complied with the citation shall mail notice
272	272	to the person that if the person does not appear in district or municipal
273	273	court or pay fines, court costs and any penalties as ordered by the court
274	274	within 30 days from the date of mailing notice, the division of vehicles
275	275	will be notified to suspend the person's driving privileges unless such
276	276	person is eligible for restricted driving privileges pursuant to subparagraph
277	277	(B). If the person is eligible for restricted driving privileges, the division of
278	278	vehicles shall restrict such person's driving privileges pursuant to the terms
279	279	set forth in subparagraph (B). The district or municipal court may charge
280	280	an additional fee of $5 for mailing such notice. Upon the person's failure to
281	281	comply within such 30 days of mailing notice, the district or municipal
282	282	court shall electronically notify the division of vehicles unless the district
283	283	or municipal court has determined pursuant to a written order that the
284	284	person shall fulfill any requirements set forth by the court prior to the
285	285	suspension. Failure to abide by the terms of the order shall result in the
286	286	court notifying the division of vehicles that the person's license shall be
287	287	suspended for the failure to comply with a traffic citation. Upon receipt of
288	288	a report of a failure to comply with a traffic citation under this subsection,
289	289	pursuant to K.S.A. 8-255, and amendments thereto, the division of
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333	333	vehicles shall notify the violator and suspend the license of the violator
334	334	until satisfactory evidence of substantial compliance with the terms of the
335	335	traffic citation has been furnished to the informing court unless such
336	336	person is eligible for restricted driving privileges pursuant to subparagraph
337	337	(B). If the person is eligible for restricted driving privileges, the division of
338	338	vehicles shall notify the violator that the person's driving privileges are
339	339	restricted pursuant to the terms set forth in subparagraph (B). When the
340	340	court determines the person is in substantial compliance with the terms of
341	341	the traffic citation, the court shall immediately electronically notify the
342	342	division of vehicles of such compliance. Upon receipt of notification of
343	343	such compliance from the informing court, the division of vehicles shall
344	344	terminate the restriction, suspension or suspension action.
345	345	(B) (i) When restricted driving privileges are approved pursuant to
346	346	this subsection, the person's driving privileges shall be restricted to driving
347	347	only under the following circumstances:
348	348	(a) In going to or returning from the person's place of employment or
349	349	schooling;
350	350	(b) in the course of the person's employment;
351	351	(c) in going to or returning from an appointment with a healthcare
352	352	provider or during a medical emergency;
353	353	(d) in going to and returning from probation or parole meetings, drug
354	354	or alcohol counseling or any place the person is required to go by a court;
355	355	(e) in going to or returning from dropping off or picking up one or
356	356	more children from school or child care;
357	357	(f) in going to or returning from purchasing groceries or fuel for their
358	358	vehicle; and
359	359	(g) in going to or returning from any religious worship service held
360	360	by a religious organization.
361	361	(ii) A person shall not qualify for restricted driving privileges
362	362	pursuant to this subparagraph if such person has been convicted for driving
363	363	with a canceled, suspended or revoked license more than three times or if
364	364	such person is suspended for reasons other than a failure to comply with a
365	365	traffic citation at the time of application. Restricted driving privileges
366	366	approved pursuant to this subparagraph shall remain in effect for the lesser
367	367	of time of either:
368	368	(a) 60 days from the date that the division of vehicles mails notice to
369	369	the person of the restricted driving privileges;
370	370	(b) the person enters into an agreement with the court regarding the
371	371	person's failure to comply; or
372	372	(c) the rescission of the restricted driving privileges by the division of
373	373	vehicles.
374	374	(iii) The division shall rescind restricted driving privileges for any
375	375	person authorized pursuant to this subparagraph if the person is found
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419	419	guilty of:
420	420	(a) A violation resulting in a license suspension, revocation or
421	421	cancellation for reasons other than failure to comply with a traffic citation;
422	422	or
423	423	(b) operating a motor vehicle in violation of restrictions provided in
424	424	clause (i) two or more times.
425	425	(iv) A person operating a motor vehicle in violation of restrictions
426	426	provided in clause (i) shall be guilty of operating a vehicle in violation of
427	427	restrictions as provided in K.S.A. 8-291, and amendments thereto.
428	428	(C) (i) Violations of the following sections or violations of
429	429	substantially similar offenses under a city ordinance shall not provide the
430	430	basis for a violation of this section: K.S.A. 8-1513, 8-1532, 8-1534, 8-
431	431	1536, 8-1537, 8-1538, 8-1543, 8-1569, 8-1571, 8-1572, 8-1573, 8-1578, 8-
432	432	1578a, 8-1583, 8-1585, 8-1586, 8-1588, 8-1589, 8-1590, 8-1591, 8-1592,
433	433	8-15,102, 8-15,108, 8-15,113, 8-1744, 21-5607, 21-5810, 21-5815, 21-
434	434	5816, 21-5817, 21-6203, 41-715, 41-727, 66-1330, 68-2106, 75-4510a and
435	435	79-34,112, and amendments thereto.
436	436	(ii) The provisions of this subparagraph shall be construed and
437	437	applied retroactively. A person may petition the district or municipal court
438	438	in which the person should have complied with the citation that led to a
439	439	prior violation of this section. If the court determines that the person
440	440	committed an offense that does not provide the basis for a violation of this
441	441	section, as amended by this act, the court shall immediately electronically
442	442	notify the division of vehicles. Upon receipt of such notification from the
443	443	informing court, the division of vehicles shall terminate any restriction,
444	444	suspension or suspension action that resulted from the prior violation of
445	445	this section.
446	446	(2) (A) In lieu of suspension under paragraph (1), the driver may
447	447	submit to the division of vehicles a written request for restricted driving
448	448	privileges. The driver may apply and be eligible for restricted driving
449	449	privileges pursuant to this paragraph if such driver has previously been
450	450	approved for restricted driving privileges pursuant to paragraph (1).
451	451	(B) (i) A person whose driving privileges have been revoked solely
452	452	for driving a motor vehicle on any highway as defined in K.S.A. 8-1424,
453	453	and amendments thereto, of this state at a time when such person's
454	454	privilege to do so was canceled, suspended or revoked for failure to
455	455	comply with a traffic citation pursuant to this section may submit to the
456	456	division of vehicles a written request for restricted driving privileges. A
457	457	person shall not qualify for restricted driving privileges pursuant to this
458	458	section if such person has been convicted for driving with a canceled,
459	459	suspended or revoked license more than three times or if such person is
460	460	suspended for reasons other than a failure to comply with a traffic citation
461	461	at the time of application. Restricted driving privileges approved pursuant
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505	505	to this subparagraph shall remain in effect unless otherwise rescinded for
506	506	the lesser of time of either:
507	507	(a) The remainder of the period of time that such person's driving
508	508	privileges are revoked; or
509	509	(b) three years from the date when the restricted driving privileges
510	510	were approved.
511	511	(ii) The division shall rescind restricted driving privileges for any
512	512	person authorized pursuant to this subparagraph if the person is found
513	513	guilty of a violation resulting in a license suspension, revocation or
514	514	cancellation for reasons other than failure to comply with a traffic citation.
515	515	(iii) A person operating a motor vehicle in violation of restrictions
516	516	provided in subparagraph (D) shall be guilty of operating a vehicle in
517	517	violation of restrictions as provided in K.S.A. 8-291, and amendments
518	518	thereto.
519	519	(C) A person whose driver's license has expired during the period
520	520	when such person's driver's license has been suspended for failure to pay
521	521	fines for traffic citations, the driver may submit to the division of vehicles
522	522	a written request for restricted driving privileges. An* person shall not
523	523	qualify for restricted driving privileges pursuant to this section unless the
524	524	following conditions are met:
525	525	(i) The suspended license that expired was issued by the division of
526	526	vehicles;
527	527	(ii) the suspended license resulted from the individual's failure to
528	528	comply with a traffic citation pursuant to subsection (b)(1); and
529	529	(iii) the traffic citation that resulted in the failure to comply pursuant
530	530	to subsection (b)(1) was issued in this state.
531	531	(D) Upon review and approval of the driver's eligibility, the driving
532	532	privileges will be restricted by the division of vehicles until the terms of
533	533	the traffic citation have been substantially complied with and the court
534	534	shall immediately electronically notify the division of vehicles of such
535	535	compliance. If the driver fails to substantially comply with the traffic
536	536	citation, the driving privileges will be suspended by the division of
537	537	vehicles until the court determines the person has substantially complied
538	538	with the terms of the traffic citation and the court shall immediately
539	539	electronically notify the division of vehicles of such substantial
540	540	compliance. Upon receipt of notification of such compliance from the
541	541	informing court, the division of vehicles shall terminate the suspension
542	542	action. When restricted driving privileges are approved pursuant to this
543	543	section, the person's driving privileges shall be restricted to driving only
544	544	under the following circumstances:
545	545	(i) In going to or returning from the person's place of employment or
546	546	schooling;
547	547	(ii) in the course of the person's employment;
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591	591	(iii) in going to or returning from an appointment with a health care
592	592	provider or during a medical emergency;
593	593	(iv) in going to and returning from probation or parole meetings, drug
594	594	or alcohol counseling or any place the person is required to go by a court;
595	595	(v) in going to or returning from dropping off or picking up one or
596	596	more children from school or child care;
597	597	(vi) in going to or returning from purchasing groceries or fuel for
598	598	their vehicle; and
599	599	(vii) in going to or returning from any religious worship service held
600	600	by a religious organization.
601	601	(c) Except as provided in subsection (d), when the district or
602	602	municipal court notifies the division of vehicles of a failure to comply with
603	603	a traffic citation pursuant to subsection (b), the court shall assess a
604	604	reinstatement fee of $100. Such reinstatement fee shall be in addition to
605	605	any fine, restricted driving privilege application fee, district or municipal
606	606	court costs and other penalties. The court shall remit all reinstatement fees
607	607	to the state treasurer in accordance with the provisions of K.S.A. 75-4215,
608	608	and amendments thereto. Upon receipt of each such remittance, the state
609	609	treasurer shall deposit the entire amount in the state treasury and shall
610	610	credit the first $15 of such reinstatement fee to the state general fund and
611	611	of the remaining amount, 29.41% of such moneys to the division of
612	612	vehicles operating fund, 22.06% to the community alcoholism and
613	613	intoxication programs fund created by K.S.A. 41-1126, and amendments
614	614	thereto, 7.36% to the juvenile alternatives to detention fund created by
615	615	K.S.A. 79-4803, and amendments thereto, and 41.17% to the state general
616	616	fund.
617	617	(d) The district court or municipal court shall waive the reinstatement
618	618	fee provided for in subsection (c), if the failure to comply with a traffic
619	619	citation was the result of such person enlisting in or being drafted into the
620	620	armed services of the United States, being called into service as a member
621	621	of a reserve component of the military service of the United States, or
622	622	volunteering for such active duty, or being called into service as a member
623	623	of the state of Kansas national guard, or volunteering for such active duty,
624	624	and being absent from Kansas because of such military service.
625	625	(e) (1) A person who is assessed a reinstatement fee pursuant to
626	626	subsection (c) may petition the court that assessed the fee at any time to
627	627	waive payment of the fee, any additional charge imposed pursuant to
628	628	subsection (f), or any portion thereof. If it appears to the satisfaction of the
629	629	court that payment of the amount due will impose manifest hardship on the
630	630	person or the person's immediate family, the court may waive payment of
631	631	all or part of the amount due or modify the method of payment.
632	632	(2) A person who is assessed a fine or court costs for a traffic citation
633	633	may petition the court that assessed the fine or costs at any time to waive
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677	677	payment of the fine or costs, or any portion thereof. If it appears to the
678	678	satisfaction of the court that payment of the amount due will impose
679	679	manifest hardship on the person or the person's immediate family, the
680	680	court may waive payment of all or part of the amount due or modify the
681	681	method of payment.
682	682	(3) The clerk of the district court and the clerk of the municipal court
683	683	shall make forms available to any person seeking to petition the court to
684	684	waive or reduce traffic fines, court costs or reinstatement fees.
685	685	(f) Except as provided further, the reinstatement fee established in
686	686	this section shall be the only fee collected or moneys in the nature of a fee
687	687	collected for such reinstatement. Such fee shall only be established by an
688	688	act of the legislature and no other authority is established by law or
689	689	otherwise to collect a fee. On and after July 1, 2019 2025, through June
690	690	30, 2025 2030, the supreme court may impose an additional charge, not to
691	691	exceed $22 per reinstatement fee, to fund the costs of non-judicial
692	692	personnel.
693	693	(g) (1) Prior to issuing an order pursuant to this section that notifies
694	694	the division of vehicles to restrict or suspend a person's driving privileges,
695	695	the court shall consider:
696	696	(A) Waiver or reduction of fees, fines and court costs and allowing
697	697	for payment plans for any fees, fines and court costs; and
698	698	(B) alternative requirements in lieu of restriction or suspension of
699	699	driving privileges, including, but not limited to, alcohol or drug treatment
700	700	or community service.
701	701	(2) Nothing in this subsection shall be construed to require the court
702	702	to make written findings or written payment plan orders.
703	703	(h) (1) Any conviction for a failure to comply pursuant to this section
704	704	shall not be considered by the district or municipal court or the division of
705	705	vehicles in determining suspended or restricted driving privileges if such
706	706	conviction is more than five years old.
707	707	(2) After the expiration of five years from the date of conviction, the
708	708	division shall notify by mail any persons whose driving privileges were
709	709	suspended or restricted and have not since been restored. The division
710	710	shall notify the person that the person may be eligible for driving
711	711	privileges as a result of the expiration of the five years from the conviction
712	712	for the failure to comply.
713	713	(3) The provisions of this subsection shall be construed and applied
714	714	retroactively.
715	715	(i) As used in this section, "substantial compliance" or "substantially
716	716	complied" means the person has followed the orders of the court involving
717	717	payments of fines, court costs and any penalties and has not failed
718	718	substantially in making payments or satisfying the terms of the court order.
719	719	Sec. 3. K.S.A. 20-3021 is hereby amended to read as follows: 20-
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763	763	3021. (a) (1) On and after July 1, 2014, Any party filing an appeal with the
764	764	court of appeals shall pay a fee in the amount of $145 to the clerk of the
765	765	supreme court.
766	766	(2) On and after July 1, 2014, Any party filing an appeal with the
767	767	supreme court shall pay a fee in the amount of $145 to the clerk of the
768	768	supreme court.
769	769	(b) A poverty affidavit may be filed in lieu of a fee as established in
770	770	K.S.A. 60-2001, and amendments thereto.
771	771	(c) The fee shall be the only costs assessed in each case to services of
772	772	the clerk of the supreme court. The clerk of the supreme court shall remit
773	773	all revenues received from this section to the state treasurer, in accordance
774	774	with the provisions of K.S.A. 75-4215, and amendments thereto, for
775	775	deposit in the state treasury. The fee shall be disbursed in accordance with
776	776	K.S.A. 20-362, and amendments thereto.
777	777	(d) Except as provided further, the fee established in this section shall
778	778	be the only fee collected or moneys in the nature of a fee collected for the
779	779	docket fee. Such fee shall only be established by an act of the legislature
780	780	and no other authority is established by law or otherwise to collect a fee.
781	781	On and after July 1, 2019 2025, through June 30, 2025 2030, the supreme
782	782	court may impose an additional charge, not to exceed $10 per fee, to fund
783	783	the costs of non-judicial personnel.
784	784	(e) The state of Kansas and all municipalities in this state, as defined
785	785	in K.S.A. 12-105a, and amendments thereto, shall be exempt from paying
786	786	such fee.
787	787	Sec. 4. K.S.A. 21-6614 is hereby amended to read as follows: 21-
788	788	6614. (a) (1) Except as provided in subsections (b), (c), (d), (e) and (f), any
789	789	person convicted in this state of a traffic infraction, cigarette or tobacco
790	790	infraction, misdemeanor or a class D or E felony, or for crimes committed
791	791	on or after July 1, 1993, any nongrid felony or felony ranked in severity
792	792	levels 6 through 10 of the nondrug grid, or for crimes committed on or
793	793	after July 1, 1993, but prior to July 1, 2012, any felony ranked in severity
794	794	level 4 of the drug grid, or for crimes committed on or after July 1, 2012,
795	795	any felony ranked in severity level 5 of the drug grid may petition the
796	796	convicting court for the expungement of such conviction or related arrest
797	797	records if three or more years have elapsed since the person: (A) Satisfied
798	798	the sentence imposed; or (B) was discharged from probation, a community
799	799	correctional services program, parole, postrelease supervision, conditional
800	800	release or a suspended sentence.
801	801	(2) Except as provided in subsections (b), (c), (d), (e) and (f), any
802	802	person who has fulfilled the terms of a diversion agreement may petition
803	803	the district court for the expungement of such diversion agreement and
804	804	related arrest records if three or more years have elapsed since the terms of
805	805	the diversion agreement were fulfilled.
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849	849	(3) Notwithstanding the provisions of subsection (a)(1), and except as
850	850	provided in subsections (b), (c), (d), (e) and (f), any person who has
851	851	completed the requirements of a specialty court program established
852	852	pursuant to K.S.A. 20-173, and amendments thereto, may petition the
853	853	district court for the expungement of the conviction and related arrest
854	854	records. The court may waive all or part of the docket fee imposed for
855	855	filing a petition pursuant to this subsection.
856	856	(b) Any person convicted of prostitution, as defined in K.S.A. 21-
857	857	3512, prior to its repeal, convicted of a violation of K.S.A. 21-6419, and
858	858	amendments thereto, or who entered into a diversion agreement in lieu of
859	859	further criminal proceedings for such violation, may petition the
860	860	convicting court for the expungement of such conviction or diversion
861	861	agreement and related arrest records if:
862	862	(1) One or more years have elapsed since the person satisfied the
863	863	sentence imposed or the terms of a diversion agreement or was discharged
864	864	from probation, a community correctional services program, parole,
865	865	postrelease supervision, conditional release or a suspended sentence; and
866	866	(2) such person can prove they were acting under coercion caused by
867	867	the act of another. For purposes of this subsection, "coercion" means:
868	868	Threats of harm or physical restraint against any person; a scheme, plan or
869	869	pattern intended to cause a person to believe that failure to perform an act
870	870	would result in bodily harm or physical restraint against any person; or the
871	871	abuse or threatened abuse of the legal process.
872	872	(c) Except as provided in subsections (e) and (f), no person may
873	873	petition for expungement until five or more years have elapsed since the
874	874	person satisfied the sentence imposed or the terms of a diversion
875	875	agreement or was discharged from probation, a community correctional
876	876	services program, parole, postrelease supervision, conditional release or a
877	877	suspended sentence, if such person was convicted of a class A, B or C
878	878	felony, or for crimes committed on or after July 1, 1993, if convicted of an
879	879	off-grid felony or any felony ranked in severity levels 1 through 5 of the
880	880	nondrug grid, or for crimes committed on or after July 1, 1993, but prior to
881	881	July 1, 2012, any felony ranked in severity levels 1 through 3 of the drug
882	882	grid, or for crimes committed on or after July 1, 2012, any felony ranked
883	883	in severity levels 1 through 4 of the drug grid, or:
884	884	(1) Vehicular homicide, as defined in K.S.A. 21-3405, prior to its
885	885	repeal, or K.S.A. 21-5406, and amendments thereto, or as prohibited by
886	886	any law of another state that is in substantial conformity with that statute;
887	887	(2) driving while the privilege to operate a motor vehicle on the
888	888	public highways of this state has been canceled, suspended or revoked, as
889	889	prohibited by K.S.A. 8-262, and amendments thereto, or as prohibited by
890	890	any law of another state that is in substantial conformity with that statute;
891	891	(3) perjury resulting from a violation of K.S.A. 8-261a, and
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935	935	amendments thereto, or resulting from the violation of a law of another
936	936	state that is in substantial conformity with that statute;
937	937	(4) violating the provisions of K.S.A. 8-142 Fifth, and amendments
938	938	thereto, relating to fraudulent applications or violating the provisions of a
939	939	law of another state that is in substantial conformity with that statute;
940	940	(5) any crime punishable as a felony wherein a motor vehicle was
941	941	used in the perpetration of such crime;
942	942	(6) failing to stop at the scene of an accident and perform the duties
943	943	required by K.S.A. 8-1603, prior to its repeal, or K.S.A. 8-1602 or 8-1604,
944	944	and amendments thereto, or required by a law of another state that is in
945	945	substantial conformity with those statutes;
946	946	(7) violating the provisions of K.S.A. 40-3104, and amendments
947	947	thereto, relating to motor vehicle liability insurance coverage; or
948	948	(8) a violation of K.S.A. 21-3405b, prior to its repeal.
949	949	(d) (1) No person may petition for expungement until five or more
950	950	years have elapsed since the person satisfied the sentence imposed or the
951	951	terms of a diversion agreement or was discharged from probation, a
952	952	community correctional services program, parole, postrelease supervision,
953	953	conditional release or a suspended sentence, if such person was convicted
954	954	of a first violation of K.S.A. 8-1567, and amendments thereto, including
955	955	any diversion for such violation.
956	956	(2) No person may petition for expungement until 10 or more years
957	957	have elapsed since the person satisfied the sentence imposed or was
958	958	discharged from probation, a community correctional services program,
959	959	parole, postrelease supervision, conditional release or a suspended
960	960	sentence, if such person was convicted of a second or subsequent violation
961	961	of K.S.A. 8-1567, and amendments thereto.
962	962	(3) Except as provided further, the provisions of this subsection shall
963	963	apply to all violations committed on or after July 1, 2006. The provisions
964	964	of subsection (d)(2) shall not apply to violations committed on or after
965	965	July 1, 2014, but prior to July 1, 2015.
966	966	(e) There shall be no expungement of convictions for the following
967	967	offenses or of convictions for an attempt to commit any of the following
968	968	offenses:
969	969	(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
970	970	21-5503, and amendments thereto;
971	971	(2) indecent liberties with a child or aggravated indecent liberties
972	972	with a child, as defined in K.S.A. 21-3503 or 21-3504, prior to their repeal,
973	973	or K.S.A. 21-5506, and amendments thereto;
974	974	(3) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
975	975	prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
976	976	thereto;
977	977	(4) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
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1021	1021	to its repeal, or K.S.A. 21-5504, and amendments thereto;
1022	1022	(5) indecent solicitation of a child or aggravated indecent solicitation
1023	1023	of a child, as defined in K.S.A. 21-3510 or 21-3511, prior to their repeal,
1024	1024	or K.S.A. 21-5508, and amendments thereto;
1025	1025	(6) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
1026	1026	to its repeal, or K.S.A. 21-5510, and amendments thereto;
1027	1027	(7) internet trading in child pornography or aggravated internet
1028	1028	trading in child pornography, as defined in K.S.A. 21-5514, and
1029	1029	amendments thereto;
1030	1030	(8) aggravated incest, as defined in K.S.A. 21-3603, prior to its
1031	1031	repeal, or K.S.A. 21-5604, and amendments thereto;
1032	1032	(9) endangering a child or aggravated endangering a child, as defined
1033	1033	in K.S.A. 21-3608 or 21-3608a, prior to their repeal, or K.S.A. 21-5601,
1034	1034	and amendments thereto;
1035	1035	(10) abuse of a child, as defined in K.S.A. 21-3609, prior to its repeal,
1036	1036	or K.S.A. 21-5602, and amendments thereto;
1037	1037	(11) capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
1038	1038	or K.S.A. 21-5401, and amendments thereto;
1039	1039	(12) murder in the first degree, as defined in K.S.A. 21-3401, prior to
1040	1040	its repeal, or K.S.A. 21-5402, and amendments thereto;
1041	1041	(13) murder in the second degree, as defined in K.S.A. 21-3402, prior
1042	1042	to its repeal, or K.S.A. 21-5403, and amendments thereto;
1043	1043	(14) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to
1044	1044	its repeal, or K.S.A. 21-5404, and amendments thereto;
1045	1045	(15) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to
1046	1046	its repeal, or K.S.A. 21-5405, and amendments thereto;
1047	1047	(16) sexual battery, as defined in K.S.A. 21-3517, prior to its repeal,
1048	1048	or K.S.A. 21-5505, and amendments thereto, when the victim was less
1049	1049	than 18 years of age at the time the crime was committed;
1050	1050	(17) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
1051	1051	its repeal, or K.S.A. 21-5505, and amendments thereto;
1052	1052	(18) a violation of K.S.A. 8-2,144, and amendments thereto,
1053	1053	including any diversion for such violation; or
1054	1054	(19) any conviction for any offense in effect at any time prior to July
1055	1055	1, 2011, that is comparable to any offense as provided in this subsection.
1056	1056	(f) Except as provided in K.S.A. 22-4908, and amendments thereto,
1057	1057	for any offender who is required to register as provided in the Kansas
1058	1058	offender registration act, K.S.A. 22-4901 et seq., and amendments thereto,
1059	1059	there shall be no expungement of any conviction or any part of the
1060	1060	offender's criminal record while the offender is required to register as
1061	1061	provided in the Kansas offender registration act.
1062	1062	(g) (1) When a petition for expungement is filed, the court shall set a
1063	1063	date for a hearing of such petition and shall cause notice of such hearing to
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1107	1107	be given to the prosecutor and the arresting law enforcement agency. The
1108	1108	petition shall state the:
1109	1109	(A) Defendant's full name;
1110	1110	(B) full name of the defendant at the time of arrest, conviction or
1111	1111	diversion, if different than the defendant's current name;
1112	1112	(C) defendant's sex, race and date of birth;
1113	1113	(D) crime for which the defendant was arrested, convicted or
1114	1114	diverted;
1115	1115	(E) date of the defendant's arrest, conviction or diversion; and
1116	1116	(F) identity of the convicting court, arresting law enforcement
1117	1117	authority or diverting authority.
1118	1118	(2) Except as otherwise provided by law, a petition for expungement
1119	1119	shall be accompanied by a docket fee in the amount of $176. On and after
1120	1120	July 1, 2019 2025, through June 30, 2025 2030, the supreme court may
1121	1121	impose a charge, not to exceed $19 per case, to fund the costs of non-
1122	1122	judicial personnel. The charge established in this section shall be the only
1123	1123	fee collected or moneys in the nature of a fee collected for the case. Such
1124	1124	charge shall only be established by an act of the legislature and no other
1125	1125	authority is established by law or otherwise to collect a fee.
1126	1126	(3) All petitions for expungement shall be docketed in the original
1127	1127	criminal action. Any person who may have relevant information about the
1128	1128	petitioner may testify at the hearing. The court may inquire into the
1129	1129	background of the petitioner and shall have access to any reports or
1130	1130	records relating to the petitioner that are on file with the secretary of
1131	1131	corrections or the prisoner review board.
1132	1132	(h) At the hearing on the petition, the court shall order the petitioner's
1133	1133	arrest record, conviction or diversion expunged if the court finds that:
1134	1134	(1) (A) The petitioner has not been convicted of a felony in the past
1135	1135	two years and no proceeding involving any such crime is presently
1136	1136	pending or being instituted against the petitioner if the petition is filed
1137	1137	under subsection (a)(1) or (a)(2); or
1138	1138	(B) no proceeding involving a felony is presently pending or being
1139	1139	instituted against the petitioner if the petition is filed under subsection (a)
1140	1140	(3);
1141	1141	(2) the circumstances and behavior of the petitioner warrant the
1142	1142	expungement;
1143	1143	(3) the expungement is consistent with the public welfare; and
1144	1144	(4) with respect to petitions seeking expungement of a felony
1145	1145	conviction, possession of a firearm by the petitioner is not likely to pose a
1146	1146	threat to the safety of the public.
1147	1147	(i) When the court has ordered an arrest record, conviction or
1148	1148	diversion expunged, the order of expungement shall state the information
1149	1149	required to be contained in the petition. The clerk of the court shall send a
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1193	1193	certified copy of the order of expungement to the Kansas bureau of
1194	1194	investigation that shall notify the federal bureau of investigation, the
1195	1195	secretary of corrections and any other criminal justice agency that may
1196	1196	have a record of the arrest, conviction or diversion. If the case was
1197	1197	appealed from municipal court, the clerk of the district court shall send a
1198	1198	certified copy of the order of expungement to the municipal court. The
1199	1199	municipal court shall order the case expunged once the certified copy of
1200	1200	the order of expungement is received. After the order of expungement is
1201	1201	entered, the petitioner shall be treated as not having been arrested,
1202	1202	convicted or diverted of the crime, except that:
1203	1203	(1) Upon conviction for any subsequent crime, the conviction that
1204	1204	was expunged may be considered as a prior conviction in determining the
1205	1205	sentence to be imposed;
1206	1206	(2) the petitioner shall disclose that the arrest, conviction or diversion
1207	1207	occurred if asked about previous arrests, convictions or diversions:
1208	1208	(A) In any application for licensure as a private detective, private
1209	1209	detective agency, certification as a firearms trainer pursuant to K.S.A. 75-
1210	1210	7b21, and amendments thereto, or employment as a detective with a
1211	1211	private detective agency, as defined by K.S.A. 75-7b01, and amendments
1212	1212	thereto; as security personnel with a private patrol operator, as defined by
1213	1213	K.S.A. 75-7b01, and amendments thereto; or with an institution, as defined
1214	1214	in K.S.A. 76-12a01, and amendments thereto, of the Kansas department
1215	1215	for aging and disability services;
1216	1216	(B) in any application for admission, or for an order of reinstatement,
1217	1217	to the practice of law in this state;
1218	1218	(C) to aid in determining the petitioner's qualifications for
1219	1219	employment with the Kansas lottery or for work in sensitive areas within
1220	1220	the Kansas lottery as deemed appropriate by the executive director of the
1221	1221	Kansas lottery;
1222	1222	(D) to aid in determining the petitioner's qualifications for executive
1223	1223	director of the Kansas racing and gaming commission, for employment
1224	1224	with the commission or for work in sensitive areas in parimutuel racing as
1225	1225	deemed appropriate by the executive director of the commission, or to aid
1226	1226	in determining qualifications for licensure or renewal of licensure by the
1227	1227	commission;
1228	1228	(E) to aid in determining the petitioner's qualifications for the
1229	1229	following under the Kansas expanded lottery act: (i) Lottery gaming
1230	1230	facility manager or prospective manager, racetrack gaming facility
1231	1231	manager or prospective manager, licensee or certificate holder; or (ii) an
1232	1232	officer, director, employee, owner, agent or contractor thereof;
1233	1233	(F) upon application for a commercial driver's license under K.S.A.
1234	1234	8-2,125 through 8-2,142, and amendments thereto;
1235	1235	(G) to aid in determining the petitioner's qualifications to be an
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1279	1279	employee of the state gaming agency;
1280	1280	(H) to aid in determining the petitioner's qualifications to be an
1281	1281	employee of a tribal gaming commission or to hold a license issued
1282	1282	pursuant to a tribal-state gaming compact;
1283	1283	(I) in any application for registration as a broker-dealer, agent,
1284	1284	investment adviser or investment adviser representative all as defined in
1285	1285	K.S.A. 17-12a102, and amendments thereto;
1286	1286	(J) in any application for employment as a law enforcement officer as
1287	1287	defined in K.S.A. 22-2202 or 74-5602, and amendments thereto; or
1288	1288	(K) to aid in determining the petitioner's qualifications for a license to
1289	1289	act as a bail enforcement agent pursuant to K.S.A. 75-7e01 through 75-
1290	1290	7e09, and amendments thereto, and K.S.A. 2024 Supp. 50-6,141, and
1291	1291	amendments thereto;
1292	1292	(3) the court, in the order of expungement, may specify other
1293	1293	circumstances under which the conviction is to be disclosed;
1294	1294	(4) the conviction may be disclosed in a subsequent prosecution for
1295	1295	an offense that requires as an element of such offense a prior conviction of
1296	1296	the type expunged; and
1297	1297	(5) upon commitment to the custody of the secretary of corrections,
1298	1298	any previously expunged record in the possession of the secretary of
1299	1299	corrections may be reinstated and the expungement disregarded, and the
1300	1300	record continued for the purpose of the new commitment.
1301	1301	(j) Whenever a person is convicted of a crime, pleads guilty and pays
1302	1302	a fine for a crime, is placed on parole, postrelease supervision or
1303	1303	probation, is assigned to a community correctional services program, is
1304	1304	granted a suspended sentence or is released on conditional release, the
1305	1305	person shall be informed of the ability to expunge the arrest records or
1306	1306	conviction. Whenever a person enters into a diversion agreement, the
1307	1307	person shall be informed of the ability to expunge the diversion.
1308	1308	(k) (1) Subject to the disclosures required pursuant to subsection (i),
1309	1309	in any application for employment, license or other civil right or privilege,
1310	1310	or any appearance as a witness, a person whose arrest records, conviction
1311	1311	or diversion of a crime has been expunged under this statute may state that
1312	1312	such person has never been arrested, convicted or diverted of such crime.
1313	1313	(2) A person whose arrest record, conviction or diversion of a crime
1314	1314	that resulted in such person being prohibited by state or federal law from
1315	1315	possessing a firearm has been expunged under this statute shall be deemed
1316	1316	to have had such person's right to keep and bear arms fully restored. This
1317	1317	restoration of rights shall include, but not be limited to, the right to use,
1318	1318	transport, receive, purchase, transfer and possess firearms. The provisions
1319	1319	of this paragraph shall apply to all orders of expungement, including any
1320	1320	orders issued prior to July 1, 2021.
1321	1321	(l) Whenever the record of any arrest, conviction or diversion has
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1365	1365	been expunged under the provisions of this section or under the provisions
1366	1366	of any other existing or former statute, the custodian of the records of
1367	1367	arrest, conviction, diversion and incarceration relating to that crime shall
1368	1368	not disclose the existence of such records, except when requested by:
1369	1369	(1) The person whose record was expunged;
1370	1370	(2) a private detective agency or a private patrol operator, and the
1371	1371	request is accompanied by a statement that the request is being made in
1372	1372	conjunction with an application for employment with such agency or
1373	1373	operator by the person whose record has been expunged;
1374	1374	(3) a court, upon a showing of a subsequent conviction of the person
1375	1375	whose record has been expunged;
1376	1376	(4) the secretary for aging and disability services, or a designee of the
1377	1377	secretary, for the purpose of obtaining information relating to employment
1378	1378	in an institution, as defined in K.S.A. 76-12a01, and amendments thereto,
1379	1379	of the Kansas department for aging and disability services of any person
1380	1380	whose record has been expunged;
1381	1381	(5) a person entitled to such information pursuant to the terms of the
1382	1382	expungement order;
1383	1383	(6) a prosecutor, and such request is accompanied by a statement that
1384	1384	the request is being made in conjunction with a prosecution of an offense
1385	1385	that requires a prior conviction as one of the elements of such offense;
1386	1386	(7) the supreme court, the clerk or disciplinary administrator thereof,
1387	1387	the state board for admission of attorneys or the state board for discipline
1388	1388	of attorneys, and the request is accompanied by a statement that the
1389	1389	request is being made in conjunction with an application for admission, or
1390	1390	for an order of reinstatement, to the practice of law in this state by the
1391	1391	person whose record has been expunged;
1392	1392	(8) the Kansas lottery, and the request is accompanied by a statement
1393	1393	that the request is being made to aid in determining qualifications for
1394	1394	employment with the Kansas lottery or for work in sensitive areas within
1395	1395	the Kansas lottery as deemed appropriate by the executive director of the
1396	1396	Kansas lottery;
1397	1397	(9) the governor or the Kansas racing and gaming commission, or a
1398	1398	designee of the commission, and the request is accompanied by a
1399	1399	statement that the request is being made to aid in determining
1400	1400	qualifications for executive director of the commission, for employment
1401	1401	with the commission, for work in sensitive areas in parimutuel racing as
1402	1402	deemed appropriate by the executive director of the commission or for
1403	1403	licensure, renewal of licensure or continued licensure by the commission;
1404	1404	(10) the Kansas racing and gaming commission, or a designee of the
1405	1405	commission, and the request is accompanied by a statement that the
1406	1406	request is being made to aid in determining qualifications of the following
1407	1407	under the Kansas expanded lottery act: (A) Lottery gaming facility
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1451	1451	managers and prospective managers, racetrack gaming facility managers
1452	1452	and prospective managers, licensees and certificate holders; and (B) their
1453	1453	officers, directors, employees, owners, agents and contractors;
1454	1454	(11) the Kansas sentencing commission;
1455	1455	(12) the state gaming agency, and the request is accompanied by a
1456	1456	statement that the request is being made to aid in determining
1457	1457	qualifications: (A) To be an employee of the state gaming agency; or (B)
1458	1458	to be an employee of a tribal gaming commission or to hold a license
1459	1459	issued pursuant to a tribal-gaming compact;
1460	1460	(13) the Kansas securities commissioner or a designee of the
1461	1461	commissioner, and the request is accompanied by a statement that the
1462	1462	request is being made in conjunction with an application for registration as
1463	1463	a broker-dealer, agent, investment adviser or investment adviser
1464	1464	representative by such agency and the application was submitted by the
1465	1465	person whose record has been expunged;
1466	1466	(14) the Kansas commission on peace officers' standards and training
1467	1467	and the request is accompanied by a statement that the request is being
1468	1468	made to aid in determining certification eligibility as a law enforcement
1469	1469	officer pursuant to K.S.A. 74-5601 et seq., and amendments thereto;
1470	1470	(15) a law enforcement agency and the request is accompanied by a
1471	1471	statement that the request is being made to aid in determining eligibility
1472	1472	for employment as a law enforcement officer as defined by K.S.A. 22-
1473	1473	2202, and amendments thereto;
1474	1474	(16) (A) the attorney general and the request is accompanied by a
1475	1475	statement that the request is being made to aid in determining
1476	1476	qualifications for a license to act as a bail enforcement agent pursuant to
1477	1477	K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and K.S.A.
1478	1478	2024 Supp. 50-6,141, and amendments thereto; or
1479	1479	(B) the attorney general for any other purpose authorized by law,
1480	1480	except that an expungement record shall not be the basis for denial of a
1481	1481	license to carry a concealed handgun under the personal and family
1482	1482	protection act; or
1483	1483	(17) the Kansas bureau of investigation, for the purpose of
1484	1484	completing a person's criminal history record information within the
1485	1485	central repository, in accordance with K.S.A. 22-4701 et seq., and
1486	1486	amendments thereto.
1487	1487	(m) (1) The provisions of subsection (l)(17) shall apply to records
1488	1488	created prior to, on and after July 1, 2011.
1489	1489	(2) Upon the issuance of an order of expungement that resulted in the
1490	1490	restoration of a person's right to keep and bear arms, the Kansas bureau of
1491	1491	investigation shall report to the federal bureau of investigation that such
1492	1492	expunged record be withdrawn from the national instant criminal
1493	1493	background check system. The Kansas bureau of investigation shall
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1537	1537	include such order of expungement in the person's criminal history record
1538	1538	for purposes of documenting the restoration of such person's right to keep
1539	1539	and bear arms.
1540	1540	Sec. 5. K.S.A. 22-2410 is hereby amended to read as follows: 22-
1541	1541	2410. (a) (1) Any person who has been arrested in this state may petition
1542	1542	the district court for the expungement of such arrest record.
1543	1543	(2) (A) If a person has been arrested in this state as a result of
1544	1544	mistaken identity or as a result of another person using the identifying
1545	1545	information of the named person, and the charge against the named person
1546	1546	is dismissed or not prosecuted, the prosecuting attorney or other judicial
1547	1547	officer who ordered the dismissal or declined to prosecute shall provide
1548	1548	notice to the court of such action and petition the district court for the
1549	1549	expungement of such arrest record, and the court shall order the arrest
1550	1550	record and subsequent court proceedings, if any, expunged and purged
1551	1551	from all applicable state and federal systems pursuant to subsection (d).
1552	1552	(B) For purposes of this section, the term "mistaken identity" means
1553	1553	the erroneous arrest of a person for a crime as a result of misidentification
1554	1554	by a witness or law enforcement, confusion on the part of a witness or law
1555	1555	enforcement as to the identity of the person who committed the crime,
1556	1556	misinformation provided to law enforcement as to the identity of the
1557	1557	person who committed the crime or some other mistake on the part of a
1558	1558	witness or law enforcement as to the identity of the person who committed
1559	1559	the crime. "Mistaken identity" shall not include any situation in which an
1560	1560	arrestee intentionally provides false information to law enforcement
1561	1561	officials in an attempt to conceal such person's identity.
1562	1562	(b) (1) When a petition for expungement is filed pursuant to
1563	1563	subsection (a)(1), the court shall set a date for hearing on such petition and
1564	1564	shall cause notice of such hearing to be given to the prosecuting attorney
1565	1565	and the arresting law enforcement agency. Any person who may have
1566	1566	relevant information about the petitioner may testify at the hearing. The
1567	1567	court may inquire into the background of the petitioner.
1568	1568	(2) When a petition for expungement is filed pursuant to subsection
1569	1569	(a)(1) or (a)(2), the official court file shall be separated from the other
1570	1570	records of the court, and shall be disclosed only to a judge of the court and
1571	1571	members of the staff of the court designated by a judge of the district
1572	1572	court, the prosecuting attorney, the arresting law enforcement agency, or
1573	1573	any other person when authorized by a court order, subject to any
1574	1574	conditions imposed by the order.
1575	1575	(3) (A) Except as otherwise provided by law, a petition for
1576	1576	expungement pursuant to subsection (a)(1) shall be accompanied by a
1577	1577	docket fee in the amount of $176. Except as provided further, the docket
1578	1578	fee established in this section shall be the only fee collected or moneys in
1579	1579	the nature of a fee collected for the docket fee. Such fee shall only be
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1623	1623	established by an act of the legislature and no other authority is established
1624	1624	by law or otherwise to collect a fee. On and after July 1, 2019 2025,
1625	1625	through June 30, 2025 2030, the supreme court may impose an additional
1626	1626	charge, not to exceed $19 per docket fee, to fund the costs of non-judicial
1627	1627	personnel.
1628	1628	(B) No surcharge or fee shall be imposed to any person filing a
1629	1629	petition pursuant to subsection (a)(1), who was arrested as a result of being
1630	1630	a victim of identity theft under K.S.A. 21-4018, prior to its repeal, or
1631	1631	K.S.A. 21-6107(a), and amendments thereto, or who has had criminal
1632	1632	charges dismissed because a court has found that there was no probable
1633	1633	cause for the arrest, the petitioner was found not guilty in court
1634	1634	proceedings or the charges have been dismissed.
1635	1635	(4) The petition filed pursuant to subsection (a)(1) or (a)(2) shall
1636	1636	state:
1637	1637	(A) The petitioner's full name;
1638	1638	(B) the full name of the petitioner at the time of arrest, if different
1639	1639	than the petitioner's current name;
1640	1640	(C) the petitioner's sex, race and date of birth;
1641	1641	(D) the crime for which the petitioner was arrested;
1642	1642	(E) the date of the petitioner's arrest; and
1643	1643	(F) the identity of the arresting law enforcement agency.
1644	1644	(c) At the hearing on a petition for expungement pursuant to
1645	1645	subsection (a)(1), the court shall order the arrest record and subsequent
1646	1646	court proceedings, if any, expunged upon finding:
1647	1647	(1) The arrest occurred because of mistaken identity;
1648	1648	(2) a court has found that there was no probable cause for the arrest;
1649	1649	(3) the petitioner was found not guilty in court proceedings; or
1650	1650	(4) the expungement would be in the best interests of justice and: (A)
1651	1651	Charges have been dismissed; or (B) no charges have been or are likely to
1652	1652	be filed.
1653	1653	(d) (1) When the court has ordered expungement of an arrest record
1654	1654	and subsequent court proceedings, if any, on a petition for expungement
1655	1655	pursuant to subsection (a)(1), the order shall state the information required
1656	1656	to be stated in the petition and shall state the grounds for expungement
1657	1657	under subsection (c). The clerk of the court shall send a certified copy of
1658	1658	the order to the Kansas bureau of investigation which shall notify the
1659	1659	federal bureau of investigation, the secretary of corrections and any other
1660	1660	criminal justice agency which may have a record of the arrest. If the case
1661	1661	was appealed from municipal court, the clerk of the district court shall
1662	1662	send a certified copy of the order of expungement to the municipal court.
1663	1663	The municipal court shall order the case expunged once the certified copy
1664	1664	of the order of expungement is received. If an order of expungement is
1665	1665	entered, the petitioner pursuant to subsection (a)(1) shall be treated as not
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1709	1709	having been arrested.
1710	1710	(2) When the court has ordered expungement of arrest records on a
1711	1711	petition for expungement pursuant to subsection (a)(2), the order shall
1712	1712	state the information required to be stated in the petition and shall state the
1713	1713	grounds for expungement under subsection (a)(2). The order shall also
1714	1714	direct the Kansas bureau of investigation to purge the arrest information
1715	1715	from the criminal justice information system central repository and all
1716	1716	applicable state and federal databases. The clerk of the court shall send a
1717	1717	certified copy of the order to the Kansas bureau of investigation, which
1718	1718	shall carry out the order and shall notify the federal bureau of
1719	1719	investigation, the secretary of corrections and any other criminal justice
1720	1720	agency that may have a record of the arrest. If an order of expungement is
1721	1721	entered, the person eligible for mandatory expungement pursuant to
1722	1722	subsection (a)(2) shall be treated as not having been arrested.
1723	1723	(e) If the ground for expungement is as provided in subsection (c)(4),
1724	1724	the court shall determine whether, in the interests of public welfare, the
1725	1725	records should be available for any of the following purposes:
1726	1726	(1) In any application for employment as a detective with a private
1727	1727	detective agency, as defined in K.S.A. 75-7b01, and amendments thereto;
1728	1728	as security personnel with a private patrol operator, as defined by K.S.A.
1729	1729	75-7b01, and amendments thereto; or with an institution, as defined in
1730	1730	K.S.A. 76-12a01, and amendments thereto, of the Kansas department for
1731	1731	aging and disability services;
1732	1732	(2) in any application for admission, or for an order of reinstatement,
1733	1733	to the practice of law in this state;
1734	1734	(3) to aid in determining the petitioner's qualifications for
1735	1735	employment with the Kansas lottery or for work in sensitive areas within
1736	1736	the Kansas lottery as deemed appropriate by the executive director of the
1737	1737	Kansas lottery;
1738	1738	(4) to aid in determining the petitioner's qualifications for executive
1739	1739	director of the Kansas racing commission, for employment with the
1740	1740	commission or for work in sensitive areas in parimutuel racing as deemed
1741	1741	appropriate by the executive director of the commission, or to aid in
1742	1742	determining qualifications for licensure or renewal of licensure by the
1743	1743	commission;
1744	1744	(5) in any application for a commercial driver's license under K.S.A.
1745	1745	8-2,125 through 8-2,142, and amendments thereto;
1746	1746	(6) to aid in determining the petitioner's qualifications to be an
1747	1747	employee of the state gaming agency;
1748	1748	(7) to aid in determining the petitioner's qualifications to be an
1749	1749	employee of a tribal gaming commission or to hold a license issued
1750	1750	pursuant to a tribal-state gaming compact; or
1751	1751	(8) in any other circumstances which the court deems appropriate.
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1795	1795	(f) The court shall make all expunged records and related information
1796	1796	in such court's possession, created prior to, on and after July 1, 2011,
1797	1797	available to the Kansas bureau of investigation for the purposes of:
1798	1798	(1) Completing a person's criminal history record information within
1799	1799	the central repository in accordance with K.S.A. 22-4701 et seq., and
1800	1800	amendments thereto; or
1801	1801	(2) providing information or documentation to the federal bureau of
1802	1802	investigation, in connection with the national instant criminal background
1803	1803	check system, to determine a person's qualification to possess a firearm.
1804	1804	(g) Subject to any disclosures required under subsection (e), in any
1805	1805	application for employment, license or other civil right or privilege, or any
1806	1806	appearance as a witness, a person whose arrest records have been
1807	1807	expunged as provided in this section may state that such person has never
1808	1808	been arrested.
1809	1809	(h) Whenever a person's arrest records have been expunged as
1810	1810	provided in this section, the custodian of the records of arrest,
1811	1811	incarceration due to arrest or court proceedings related to the arrest, shall
1812	1812	not disclose the arrest or any information related to the arrest, except as
1813	1813	directed by the order of expungement or when requested by the person
1814	1814	whose arrest record was expunged.
1815	1815	(i) The docket fee collected at the time the petition for expungement
1816	1816	is filed pursuant to subsection (a)(1) shall be disbursed in accordance with
1817	1817	K.S.A. 20-362, and amendments thereto.
1818	1818	Sec. 6. K.S.A. 23-2510 is hereby amended to read as follows: 23-
1819	1819	2510. (a) The judge or clerk of the district court shall collect from the
1820	1820	applicant for a marriage license a fee of $59.
1821	1821	(b) The clerk of the court shall remit all fees prescribed by this
1822	1822	section to the state treasurer in accordance with the provisions of K.S.A.
1823	1823	75-4215, and amendments thereto. Upon receipt of each such remittance,
1824	1824	the state treasurer shall deposit the entire amount in the state treasury. Of
1825	1825	each remittance, the state treasurer shall credit 38.98% to the protection
1826	1826	from abuse fund, 15.19% to the family and children trust account of the
1827	1827	family and children investment fund created by K.S.A. 38-1808, and
1828	1828	amendments thereto, 16.95% to the crime victims assistance fund created
1829	1829	by K.S.A. 74-7334, and amendments thereto, and the remainder to the
1830	1830	state general fund.
1831	1831	(c) Except as provided further, the marriage license fee established in
1832	1832	this section shall be the only fee collected or moneys in the nature of a fee
1833	1833	collected for a marriage license. Such fee shall only be established by an
1834	1834	act of the legislature and no other authority is established by law or
1835	1835	otherwise to collect a fee. On and after July 1, 2019 2025, through June
1836	1836	30, 2025 2030, the supreme court may impose an additional charge, not to
1837	1837	exceed $26.50 per marriage license fee, to fund the costs of non-judicial
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1880	1880	43 HB 2393 23
1881	1881	personnel.
1882	1882	Sec. 7. K.S.A. 28-170 is hereby amended to read as follows: 28-170.
1883	1883	(a) The docket fee prescribed by K.S.A. 60-2001, and amendments thereto,
1884	1884	and the fees for service of process, shall be the only costs assessed for
1885	1885	services of the clerk of the district court and the sheriff in any case filed
1886	1886	under chapter 60 or chapter 61 of the Kansas Statutes Annotated, and
1887	1887	amendments thereto, except that no fee shall be charged for an action filed
1888	1888	under K.S.A. 60-3101 et seq., and under K.S.A. 60-31a01 et seq., and
1889	1889	amendments thereto. For services in other matters in which no other fee is
1890	1890	prescribed by statute, the following fees shall be charged and collected by
1891	1891	the clerk. Only one fee shall be charged for each bond, lien or judgment:
1892	1892	1. For filing, entering and releasing a bond, mechanic's lien, notice of
1893	1893	intent to perform, personal property tax judgment or any judgment on
1894	1894	which execution process cannot be issued .........................................$14
1895	1895	2. For filing, entering and releasing a judgment of a court of this state on
1896	1896	which execution or other process can be issued ................................ $24
1897	1897	3. For a certificate, or for copying or certifying any paper or writ, such fee
1898	1898	as shall be prescribed by the district court.
1899	1899	(b) The fees for entries, certificates and other papers required in
1900	1900	naturalization cases shall be those prescribed by the federal government
1901	1901	and, when collected, shall be disbursed as prescribed by the federal
1902	1902	government. The clerk of the court shall remit to the state treasurer at least
1903	1903	monthly all moneys received from fees prescribed by subsection (a) or (b)
1904	1904	or received for any services performed which may be required by law. The
1905	1905	state treasurer shall deposit the remittance in the state treasury and credit
1906	1906	the entire amount to the state general fund.
1907	1907	(c) In actions pursuant to the revised Kansas code for care of
1908	1908	children, K.S.A. 38-2201 et seq., and amendments thereto, the revised
1909	1909	Kansas juvenile justice code, K.S.A. 38-2301 et seq., and amendments
1910	1910	thereto, the act for treatment of alcoholism, K.S.A. 65-4001 et seq., and
1911	1911	amendments thereto, the act for treatment of drug abuse, K.S.A. 65-5201
1912	1912	et seq., and amendments thereto, or the care and treatment act for mentally
1913	1913	ill persons, K.S.A. 59-2945 et seq., and amendments thereto, the clerk
1914	1914	shall charge an additional fee of $1 which shall be deducted from the
1915	1915	docket fee and credited to the prosecuting attorneys' training fund as
1916	1916	provided in K.S.A. 28-170a, and amendments thereto.
1917	1917	(d) Except as provided further, the bond, lien or judgment fee
1918	1918	established in subsection (a) shall be the only fee collected or moneys in
1919	1919	the nature of a fee collected for such bond, lien or judgment. Such fee shall
1920	1920	only be established by an act of the legislature and no other authority is
1921	1921	established by law or otherwise to collect a fee. On and after July 1, 2019
1922	1922	2025, through June 30, 2025 2030, the supreme court may impose an
1923	1923	additional charge, not to exceed $22 per bond, lien or judgment fee, to
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1967	1967	fund the costs of non-judicial personnel.
1968	1968	Sec. 8. K.S.A. 28-172a is hereby amended to read as follows: 28-
1969	1969	172a. (a) Except as otherwise provided in this section, whenever the
1970	1970	prosecuting witness or defendant is adjudged to pay the costs in a criminal
1971	1971	proceeding in any county, a docket fee shall be taxed as follows:
1972	1972	Murder or manslaughter................................................................... $180.50
1973	1973	Other felony........................................................................................ 171.00
1974	1974	Misdemeanor...................................................................................... 136.00
1975	1975	Forfeited recognizance......................................................................... 72.50
1976	1976	Appeals from other courts.................................................................... 72.50
1977	1977	(b) (1) Except as provided in paragraph (2), in actions involving the
1978	1978	violation of any of the laws of this state regulating traffic on highways,
1979	1979	including those listed in K.S.A. 8-2118(c), and amendments thereto, a
1980	1980	cigarette or tobacco infraction, any act declared a crime pursuant to the
1981	1981	statutes contained in chapter 32 of the Kansas Statutes Annotated, and
1982	1982	amendments thereto, or any act declared a crime pursuant to the statutes
1983	1983	contained in article 8 of chapter 82a of the Kansas Statutes Annotated, and
1984	1984	amendments thereto, whenever the prosecuting witness or defendant is
1985	1985	adjudged to pay the costs in the action, a docket fee of $86 shall be
1986	1986	charged. When an action is disposed of under K.S.A. 8-2118(a) and (b), or
1987	1987	K.S.A. 79-3393(f), and amendments thereto, the docket fee to be paid as
1988	1988	court costs shall be $86.
1989	1989	(2) In actions involving the violation of a moving traffic violation
1990	1990	under K.S.A. 8-2118, and amendments thereto, as defined by rules and
1991	1991	regulations adopted under K.S.A. 8-249, and amendments thereto,
1992	1992	whenever the prosecuting witness or defendant is adjudged to pay the costs
1993	1993	in the action, a docket fee of $86 shall be charged. When an action is
1994	1994	disposed of under K.S.A. 8-2118(a) and (b), and amendments thereto, the
1995	1995	docket fee to be paid as court costs shall be $86.
1996	1996	(c) If a conviction is on more than one count, the docket fee shall be
1997	1997	the highest one applicable to any one of the counts. The prosecuting
1998	1998	witness or defendant, if assessed the costs, shall pay only one fee. Multiple
1999	1999	defendants shall each pay one fee.
2000	2000	(d) Statutory charges made pursuant to the provisions of K.S.A. 20-
2001	2001	362, and amendments thereto, shall be paid from the docket fee; the family
2002	2002	violence and child abuse and neglect assistance and prevention fund fee
2003	2003	shall be paid from criminal proceedings docket fees. All other fees and
2004	2004	expenses to be assessed as additional court costs shall be approved by the
2005	2005	court, unless specifically fixed by statute. Additional fees shall include, but
2006	2006	are not limited to, fees for Kansas bureau of investigation forensic or
2007	2007	laboratory analyses, fees for detention facility processing pursuant to
2008	2008	K.S.A. 12-16,119, and amendments thereto, fees for the sexual assault
2009	2009	evidence collection kit, fees for conducting an examination of a sexual
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2052	2052	43 HB 2393 25
2053	2053	assault victim, fees for service of process outside the state, witness fees,
2054	2054	fees for transcripts and depositions, costs from other courts, doctors' fees
2055	2055	and examination and evaluation fees. No sheriff in this state shall charge
2056	2056	any district court of this state a fee or mileage for serving any paper or
2057	2057	process.
2058	2058	(e) In each case charging a violation of the laws relating to parking of
2059	2059	motor vehicles on the statehouse grounds or other state-owned or operated
2060	2060	property in Shawnee county, Kansas, as specified in K.S.A. 75-4510a, and
2061	2061	amendments thereto, or as specified in K.S.A. 75-4508, and amendments
2062	2062	thereto, the clerk shall tax a fee of $2 which shall constitute the entire costs
2063	2063	in the case, except that witness fees, mileage and expenses incurred in
2064	2064	serving a warrant shall be in addition to the fee. Appearance bond for a
2065	2065	parking violation of K.S.A. 75-4508 or 75-4510a, and amendments
2066	2066	thereto, shall be $3, unless a warrant is issued. The judge may order the
2067	2067	bond forfeited upon the defendant's failure to appear, and $2 of any bond
2068	2068	so forfeited shall be regarded as court costs.
2069	2069	(f) Except as provided further, the docket fee established in this
2070	2070	section shall be the only fee collected or moneys in the nature of a fee
2071	2071	collected for the docket fee. Such fee shall only be established by an act of
2072	2072	the legislature and no other authority is established by law or otherwise to
2073	2073	collect a fee. On and after July 1, 2019 2025, through June 30, 2025 2030,
2074	2074	the supreme court may impose an additional charge, not to exceed $22 per
2075	2075	docket fee, to fund the costs of non-judicial personnel.
2076	2076	Sec. 9. K.S.A. 2024 Supp. 28-177 is hereby amended to read as
2077	2077	follows: 28-177. (a) Except as provided in this section and K.S.A. 28-178,
2078	2078	and amendments thereto, the fees established by legislative enactment
2079	2079	shall be the only fee collected or moneys in the nature of a fee collected
2080	2080	for court procedures. Such fee shall only be established by an act of the
2081	2081	legislature and no other authority is established by law or otherwise to
2082	2082	collect a fee. Court procedures shall include docket fees, filing fees or
2083	2083	other fees related to access to court procedures. On and after July 1, 2019
2084	2084	2025, through June 30, 2025 2030, the supreme court may impose an
2085	2085	additional charge, not to exceed $26.50 per fee or the amount established
2086	2086	by the applicable statute, whichever amount is less, to fund the costs of
2087	2087	non-judicial personnel.
2088	2088	(b) Such additional charge imposed by the court pursuant to K.S.A. 8-
2089	2089	2107, 8-2110, 20-3021, 21-6614, 22-2410, 23-2510, 28-170, 28-172a, 28-
2090	2090	178, 28-179, 32-1049a, 38-2215, 38-2312, 38-2314, 59-104, 60-729, 60-
2091	2091	2001, 60-2203a, 61-2704, 61-4001 and 65-409 and K.S.A. 21-6614 and
2092	2092	23-2510, and amendments thereto, shall be remitted to the state treasurer
2093	2093	in accordance with the provisions of K.S.A. 75-4215, and amendments
2094	2094	thereto. Upon receipt of each such remittance, the state treasurer shall
2095	2095	deposit the entire amount in the state treasury to the credit of the state
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2139	2139	general fund.
2140	2140	(c) There is hereby established in the state treasury the judicial branch
2141	2141	docket fee fund which shall be administered by the chief justice at the
2142	2142	Kansas supreme court. Moneys credited to the judicial branch docket fee
2143	2143	fund shall not be expended for compensation of judges or justices of the
2144	2144	judicial branch.
2145	2145	(d) All expenditures from the judicial branch docket fee fund shall be
2146	2146	made in accordance with appropriation acts and upon warrants of the
2147	2147	director of accounts and reports issued pursuant to vouchers approved by
2148	2148	the chief justice of the Kansas supreme court or by a person or persons
2149	2149	designated by the chief justice.
2150	2150	Sec. 10. K.S.A. 2024 Supp. 28-178 is hereby amended to read as
2151	2151	follows: 28-178. (a) In addition to any other fees specifically prescribed by
2152	2152	law, on and after July 1, 2019 2025, through June 30, 2025 2030, the
2153	2153	supreme court may impose a charge, not to exceed $12.50 per fee, to fund
2154	2154	the costs of non-judicial personnel, on the following:
2155	2155	(1) A person who requests an order or writ of execution pursuant to
2156	2156	K.S.A. 60-2401 or 61-3602, and amendments thereto.
2157	2157	(2) Persons who request a hearing in aid of execution pursuant to
2158	2158	K.S.A. 60-2419, and amendments thereto.
2159	2159	(3) A person requesting an order for garnishment pursuant to article 7
2160	2160	of chapter 60 of the Kansas Statutes Annotated, and amendments thereto,
2161	2161	or article 35 of chapter 61 of the Kansas Statutes Annotated, and
2162	2162	amendments thereto.
2163	2163	(4) Persons who request a writ or order of sale pursuant to K.S.A. 60-
2164	2164	2401 or 61-3602, and amendments thereto.
2165	2165	(5) A person who requests a hearing in aid of execution pursuant to
2166	2166	K.S.A. 61-3604, and amendments thereto.
2167	2167	(6) A person who requests an attachment against the property of a
2168	2168	defendant or any one or more of several defendants pursuant to K.S.A. 60-
2169	2169	701 or 61-3501, and amendments thereto.
2170	2170	(b) The clerk of the district court shall remit all revenues received
2171	2171	from the fees imposed pursuant to subsection (a) to the state treasurer, in
2172	2172	accordance with the provisions of K.S.A. 75-4215, and amendments
2173	2173	thereto. Upon receipt of each such remittance, the state treasurer shall
2174	2174	deposit the entire amount in the state treasury to the credit of the state
2175	2175	general fund.
2176	2176	(c) The fees established in this section shall be the only fee collected
2177	2177	or moneys in the nature of a fee collected for such court procedures. Such
2178	2178	fee shall only be established by an act of the legislature and no other
2179	2179	authority is established by law or otherwise to collect a fee.
2180	2180	Sec. 11. K.S.A. 28-179 is hereby amended to read as follows: 28-179.
2181	2181	(a) No post-decree motion petitioning for a modification or termination of
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2225	2225	separate maintenance, for a change in legal custody, residency, visitation
2226	2226	rights or parenting time or for a modification of child support shall be filed
2227	2227	or docketed in the district court without payment of a docket fee in the
2228	2228	amount of $40 to the clerk of the district court.
2229	2229	(b) A poverty affidavit may be filed in lieu of a docket fee as
2230	2230	established in K.S.A. 60-2001, and amendments thereto.
2231	2231	(c) The docket fee shall be the only costs assessed in each case for
2232	2232	services of the clerk of the district court and the sheriff. The docket fee
2233	2233	shall be disbursed in accordance with K.S.A. 20-362, and amendments
2234	2234	thereto.
2235	2235	(d) Except as provided further, the docket fee established in this
2236	2236	section shall be the only fee collected or moneys in the nature of a fee
2237	2237	collected for the docket fee. Such fee shall only be established by an act of
2238	2238	the legislature and no other authority is established by law or otherwise to
2239	2239	collect a fee. On and after July 1, 2019 2025, through June 30, 2025 2030,
2240	2240	the supreme court may impose an additional charge, not to exceed $22 per
2241	2241	docket fee, to fund the costs of non-judicial personnel.
2242	2242	Sec. 12. K.S.A. 2024 Supp. 32-1049a is hereby amended to read as
2243	2243	follows: 32-1049a. (a) (1) Failure to comply with a wildlife and parks
2244	2244	citation means failure to:
2245	2245	(A) Appear before any district court in response to a wildlife and
2246	2246	parks citation and pay in full any fine, court costs, assessments or fees
2247	2247	imposed;
2248	2248	(B) fully pay or satisfy all fines, court costs, assessments or fees
2249	2249	imposed as a part of the sentence of any district court for violation of the
2250	2250	wildlife and parks laws of this state; or
2251	2251	(C) otherwise comply with a wildlife and parks citation as provided
2252	2252	in K.S.A. 32-1049, and amendments thereto.
2253	2253	(2) Failure to comply with a wildlife and parks citation is a class C
2254	2254	nonperson misdemeanor, regardless of the disposition of the charge for
2255	2255	which such citation, complaint or charge was originally issued.
2256	2256	(b) The term "citation" means any complaint, summons, notice to
2257	2257	appear, ticket, warrant, penalty assessment or other official document
2258	2258	issued for the prosecution of the wildlife and parks laws or rules and
2259	2259	regulations of this state.
2260	2260	(c) In addition to penalties of law applicable under subsection (a)
2261	2261	when a person fails to comply with a wildlife and parks citation or
2262	2262	sentence for a violation of wildlife and parks laws or rules and regulations,
2263	2263	the district court in which the person should have complied shall mail a
2264	2264	notice to the person that if the person does not appear in the district court
2265	2265	or pay all fines, court costs, assessments or fees, and any penalties
2266	2266	imposed within 30 days from the date of mailing, the Kansas department
2267	2267	of wildlife and parks shall be notified to forfeit or suspend any license,
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2311	2311	permit, stamp or other issue of the department. Upon receipt of a report of
2312	2312	a failure to comply with a wildlife and parks citation under this section,
2313	2313	and amendments thereto, the department shall notify the violator and
2314	2314	suspend or forfeit the license, permit, stamp or other issue of the
2315	2315	department held by the violator until satisfactory evidence of compliance
2316	2316	with the wildlife and parks citation or sentence of the district court for
2317	2317	violation of the wildlife and parks laws or rules and regulations of this
2318	2318	state are furnished to the informing court. Upon receipt of notification of
2319	2319	such compliance from the informing court, the department shall terminate
2320	2320	the suspension action, unless the violator is otherwise suspended.
2321	2321	(d) Except as provided in subsection (e), when the district court
2322	2322	notifies the department of a failure to comply with a wildlife and parks
2323	2323	citation or failure to comply with a sentence of the district court imposed
2324	2324	on violation of a wildlife and parks law or rule and regulation, the court
2325	2325	shall assess a reinstatement fee of $50 for each charge or sentence on
2326	2326	which the person failed to make satisfaction, regardless of the disposition
2327	2327	of the charge for which such citation was originally issued. Such
2328	2328	reinstatement fee shall be in addition to any fine, court costs and other
2329	2329	assessments, fees or penalties. The court shall remit all reinstatement fees
2330	2330	to the state treasurer in accordance with the provisions of K.S.A. 75-4215,
2331	2331	and amendments thereto. Upon receipt of each remittance, the state
2332	2332	treasurer shall deposit the entire amount in the state treasury and shall
2333	2333	credit such moneys to the state general fund.
2334	2334	(e) The district court shall waive the reinstatement fee provided for in
2335	2335	subsection (d), if the failure to comply with a wildlife and parks citation
2336	2336	was the result of such person enlisting in or being drafted into the armed
2337	2337	services of the United States of America, being called into service as a
2338	2338	member of a reserve component of the military service of the United
2339	2339	States of America, or volunteering for such active duty or being called into
2340	2340	service as a member of the Kansas national guard or volunteering for such
2341	2341	active duty and being absent from Kansas because of such military service.
2342	2342	The state treasurer and the director of accounts and reports shall prescribe
2343	2343	procedures for all such reimbursement payments and shall create
2344	2344	appropriate accounts, make appropriate accounting entries and issue such
2345	2345	appropriate vouchers and warrants as may be required to make such
2346	2346	reimbursement payments.
2347	2347	(f) Except as provided further, the reinstatement fee established in
2348	2348	subsection (d) shall be the only fee collected or moneys in the nature of a
2349	2349	fee collected for such reinstatement. Such fee shall only be established by
2350	2350	an act of the legislature and no other authority is established by law or
2351	2351	otherwise to collect a fee. On and after July 1, 2019 2025, through June
2352	2352	30, 2025 2030, the supreme court may impose an additional charge, not to
2353	2353	exceed $22 per reinstatement fee, to fund the costs of non-judicial
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2397	2397	personnel.
2398	2398	Sec. 13. K.S.A. 38-2215 is hereby amended to read as follows: 38-
2399	2399	2215. (a) Docket fee. The docket fee for proceedings under this code, if
2400	2400	one is assessed as provided in this section, shall be $34. Only one docket
2401	2401	fee shall be assessed in each case. Except as provided further, the docket
2402	2402	fee established in this section shall be the only fee collected or moneys in
2403	2403	the nature of a fee collected for the docket fee. Such fee shall only be
2404	2404	established by an act of the legislature and no other authority is established
2405	2405	by law or otherwise to collect a fee. On and after July 1, 2019 2025,
2406	2406	through June 30, 2025 2030, the supreme court may impose an additional
2407	2407	charge, not to exceed $22 per docket fee, to fund the costs of non-judicial
2408	2408	personnel.
2409	2409	(b) Expenses. The expenses for proceedings under this code,
2410	2410	including fees and mileage allowed witnesses and fees and expenses
2411	2411	approved by the court for appointed attorneys, shall be paid by the board
2412	2412	of county commissioners from the general fund of the county.
2413	2413	(c) Assessment of docket fee and expenses. (1) Docket fee. The docket
2414	2414	fee may be assessed or waived by the court conducting the initial
2415	2415	dispositional hearing and the docket fee may be assessed against the
2416	2416	complaining witness or person initiating the proceedings or a party or
2417	2417	interested party other than the state, a political subdivision of the state, an
2418	2418	agency of the state or of a political subdivision of the state, or a person
2419	2419	acting in the capacity of an employee of the state or of a political
2420	2420	subdivision of the state. Any docket fee received shall be remitted to the
2421	2421	state treasurer pursuant to K.S.A. 20-362, and amendments thereto.
2422	2422	(2) Expenses. Expenses may be assessed against the complaining
2423	2423	witness, a person initiating the proceedings, a party or an interested party,
2424	2424	other than the state, a political subdivision of the state, an agency of the
2425	2425	state or of a political subdivision of the state or a person acting in the
2426	2426	capacity of an employee of the state or of a political subdivision of the
2427	2427	state. When expenses are recovered from a person against whom they have
2428	2428	been assessed the general fund of the county shall be reimbursed in the
2429	2429	amount of the recovery. If it appears to the court in any proceedings under
2430	2430	this code that expenses were unreasonably incurred at the request of any
2431	2431	party the court may assess that portion of the expenses against the party.
2432	2432	(d) Cases in which venue is transferred. If venue is transferred from
2433	2433	one county to another, the court from which the case is transferred shall
2434	2434	send to the receiving court a statement of expenses paid from the general
2435	2435	fund of the sending county. If the receiving court collects any of the
2436	2436	expenses owed in the case, the receiving court shall pay to the sending
2437	2437	court an amount proportional to the sending court's share of the total
2438	2438	expenses owed to both counties. The expenses of the sending county shall
2439	2439	not be an obligation of the receiving county except to the extent that the
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2482	2482	43 HB 2393 30
2483	2483	sending county's proportion of the expenses is collected by the receiving
2484	2484	court. All amounts collected shall first be applied toward payment of the
2485	2485	docket fee.
2486	2486	Sec. 14. K.S.A. 38-2312 is hereby amended to read as follows: 38-
2487	2487	2312. (a) Except as provided in subsections (b) and (c), any records or files
2488	2488	specified in this code concerning a juvenile may be expunged upon
2489	2489	application to a judge of the court of the county in which the records or
2490	2490	files are maintained. The application for expungement may be made by the
2491	2491	juvenile, if 18 years of age or older or, if the juvenile is less than 18 years
2492	2492	of age, by the juvenile's parent or next friend.
2493	2493	(b) There shall be no expungement of records or files concerning acts
2494	2494	committed by a juvenile which, if committed by an adult, would constitute
2495	2495	a violation of K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and
2496	2496	amendments thereto, murder in the first degree; K.S.A. 21-3402, prior to
2497	2497	its repeal, or K.S.A. 21-5403, and amendments thereto, murder in the
2498	2498	second degree; K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
2499	2499	amendments thereto, voluntary manslaughter; K.S.A. 21-3404, prior to its
2500	2500	repeal, or K.S.A. 21-5405, and amendments thereto, involuntary
2501	2501	manslaughter; K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and
2502	2502	amendments thereto, capital murder; K.S.A. 21-3442, prior to its repeal, or
2503	2503	K.S.A. 21-5405(a)(3) or (a)(5), and amendments thereto, involuntary
2504	2504	manslaughter while driving under the influence of alcohol or drugs; K.S.A.
2505	2505	21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto,
2506	2506	rape; K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and
2507	2507	amendments thereto, indecent liberties with a child; K.S.A. 21-3504, prior
2508	2508	to its repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated
2509	2509	indecent liberties with a child; K.S.A. 21-3506, prior to its repeal, or
2510	2510	K.S.A. 21-5504(b), and amendments thereto, aggravated criminal sodomy;
2511	2511	K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments
2512	2512	thereto, indecent solicitation of a child; K.S.A. 21-3511, prior to its repeal,
2513	2513	or K.S.A. 21-5508(b), and amendments thereto, aggravated indecent
2514	2514	solicitation of a child; K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-
2515	2515	5510, and amendments thereto, sexual exploitation of a child; K.S.A. 21-
2516	2516	5514(a), and amendments thereto, internet trading in child pornography;
2517	2517	K.S.A. 21-5514(b), and amendments thereto, aggravated internet trading in
2518	2518	child pornography; K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-
2519	2519	5604(b), and amendments thereto, aggravated incest; K.S.A. 21-3608,
2520	2520	prior to its repeal, or K.S.A. 21-5601(a), and amendments thereto,
2521	2521	endangering a child; K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-
2522	2522	5602, and amendments thereto, abuse of a child; or which would constitute
2523	2523	an attempt to commit a violation of any of the offenses specified in this
2524	2524	subsection.
2525	2525	(c) Notwithstanding any other law to the contrary, for any offender
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2568	2568	43 HB 2393 31
2569	2569	who is required to register as provided in the Kansas offender registration
2570	2570	act, K.S.A. 22-4901 et seq., and amendments thereto, there shall be no
2571	2571	expungement of any conviction or any part of the offender's criminal
2572	2572	record while the offender is required to register as provided in the Kansas
2573	2573	offender registration act.
2574	2574	(d) When a petition for expungement is filed, the court shall set a date
2575	2575	for a hearing on the petition and shall give notice thereof to the county or
2576	2576	district attorney. The petition shall state: (1) The juvenile's full name; (2)
2577	2577	the full name of the juvenile as reflected in the court record, if different
2578	2578	than (1); (3) the juvenile's sex and date of birth; (4) the offense for which
2579	2579	the juvenile was adjudicated; (5) the date of the trial; and (6) the identity
2580	2580	of the trial court. Except as otherwise provided by law, a petition for
2581	2581	expungement shall be accompanied by a docket fee in the amount of $176.
2582	2582	On and after July 1, 2019 2025, through June 30, 2025 2030, the supreme
2583	2583	court may impose a charge, not to exceed $19 per case, to fund the costs of
2584	2584	non-judicial personnel. All petitions for expungement shall be docketed in
2585	2585	the original action. Any person who may have relevant information about
2586	2586	the petitioner may testify at the hearing. The court may inquire into the
2587	2587	background of the petitioner.
2588	2588	(e) (1) After hearing, the court shall order the expungement of the
2589	2589	records and files if the court finds that:
2590	2590	(A) (i) The juvenile has reached 23 years of age or that two years
2591	2591	have elapsed since the final discharge;
2592	2592	(ii) one year has elapsed since the final discharge for an adjudication
2593	2593	concerning acts committed by a juvenile which, if committed by an adult,
2594	2594	would constitute a violation of K.S.A. 21-6419, and amendments thereto;
2595	2595	or
2596	2596	(iii) the juvenile is a victim of human trafficking, aggravated human
2597	2597	trafficking or commercial sexual exploitation of a child, the adjudication
2598	2598	concerned acts committed by the juvenile as a result of such victimization,
2599	2599	including, but not limited to, acts which, if committed by an adult, would
2600	2600	constitute a violation of K.S.A. 21-6203 or 21-6419, and amendments
2601	2601	thereto, and the hearing on expungement occurred on or after the date of
2602	2602	final discharge. The provisions of this clause shall not allow an
2603	2603	expungement of records or files concerning acts described in subsection
2604	2604	(b);
2605	2605	(B) since the final discharge of the juvenile, the juvenile has not been
2606	2606	convicted of a felony or of a misdemeanor other than a traffic offense or
2607	2607	adjudicated as a juvenile offender under the revised Kansas juvenile justice
2608	2608	code and no proceedings are pending seeking such a conviction or
2609	2609	adjudication; and
2610	2610	(C) the circumstances and behavior of the petitioner warrant
2611	2611	expungement.
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2655	2655	(2) The court may require that all court costs, fees and restitution
2656	2656	shall be paid.
2657	2657	(f) Upon entry of an order expunging records or files, the offense
2658	2658	which the records or files concern shall be treated as if it never occurred,
2659	2659	except that upon conviction of a crime or adjudication in a subsequent
2660	2660	action under this code the offense may be considered in determining the
2661	2661	sentence to be imposed. The petitioner, the court and all law enforcement
2662	2662	officers and other public offices and agencies shall properly reply on
2663	2663	inquiry that no record or file exists with respect to the juvenile. Inspection
2664	2664	of the expunged files or records thereafter may be permitted by order of
2665	2665	the court upon petition by the person who is the subject thereof. The
2666	2666	inspection shall be limited to inspection by the person who is the subject of
2667	2667	the files or records and the person's designees.
2668	2668	(g) A certified copy of any order made pursuant to subsection (a) or
2669	2669	(d) shall be sent to the Kansas bureau of investigation, which shall notify
2670	2670	every juvenile or criminal justice agency which may possess records or
2671	2671	files ordered to be expunged. If the agency fails to comply with the order
2672	2672	within a reasonable time after its receipt, such agency may be adjudged in
2673	2673	contempt of court and punished accordingly.
2674	2674	(h) The court shall inform any juvenile who has been adjudicated a
2675	2675	juvenile offender of the provisions of this section.
2676	2676	(i) Nothing in this section shall be construed to prohibit the
2677	2677	maintenance of information relating to an offense after records or files
2678	2678	concerning the offense have been expunged if the information is kept in a
2679	2679	manner that does not enable identification of the juvenile.
2680	2680	(j) Nothing in this section shall be construed to permit or require
2681	2681	expungement of files or records related to a child support order registered
2682	2682	pursuant to the revised Kansas juvenile justice code.
2683	2683	(k) Whenever the records or files of any adjudication have been
2684	2684	expunged under the provisions of this section, the custodian of the records
2685	2685	or files of adjudication relating to that offense shall not disclose the
2686	2686	existence of such records or files, except when requested by:
2687	2687	(1) The person whose record was expunged;
2688	2688	(2) a private detective agency or a private patrol operator, and the
2689	2689	request is accompanied by a statement that the request is being made in
2690	2690	conjunction with an application for employment with such agency or
2691	2691	operator by the person whose record has been expunged;
2692	2692	(3) a court, upon a showing of a subsequent conviction of the person
2693	2693	whose record has been expunged;
2694	2694	(4) the secretary for aging and disability services, or a designee of the
2695	2695	secretary, for the purpose of obtaining information relating to employment
2696	2696	in an institution, as defined in K.S.A. 76-12a01, and amendments thereto,
2697	2697	of the Kansas department for aging and disability services of any person
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2741	2741	whose record has been expunged;
2742	2742	(5) a person entitled to such information pursuant to the terms of the
2743	2743	expungement order;
2744	2744	(6) the Kansas lottery, and the request is accompanied by a statement
2745	2745	that the request is being made to aid in determining qualifications for
2746	2746	employment with the Kansas lottery or for work in sensitive areas within
2747	2747	the Kansas lottery as deemed appropriate by the executive director of the
2748	2748	Kansas lottery;
2749	2749	(7) the governor or the Kansas racing commission, or a designee of
2750	2750	the commission, and the request is accompanied by a statement that the
2751	2751	request is being made to aid in determining qualifications for executive
2752	2752	director of the commission, for employment with the commission, for
2753	2753	work in sensitive areas in parimutuel racing as deemed appropriate by the
2754	2754	executive director of the commission or for licensure, renewal of licensure
2755	2755	or continued licensure by the commission;
2756	2756	(8) the Kansas sentencing commission; or
2757	2757	(9) the Kansas bureau of investigation, for the purposes of:
2758	2758	(A) Completing a person's criminal history record information within
2759	2759	the central repository in accordance with K.S.A. 22-4701 et seq., and
2760	2760	amendments thereto; or
2761	2761	(B) providing information or documentation to the federal bureau of
2762	2762	investigation, in connection with the national instant criminal background
2763	2763	check system, to determine a person's qualification to possess a firearm.
2764	2764	(l) The provisions of subsection (k)(9) shall apply to all records
2765	2765	created prior to, on and after July 1, 2011.
2766	2766	Sec. 15. K.S.A. 38-2314 is hereby amended to read as follows: 38-
2767	2767	2314. (a) Docket fee. The docket fee for proceedings under this code, if
2768	2768	one is assessed as provided by this section, shall be $34. Only one docket
2769	2769	fee shall be assessed in each case. Except as provided further, the docket
2770	2770	fee established in this section shall be the only fee collected or moneys in
2771	2771	the nature of a fee collected for the docket fee. Such fee shall only be
2772	2772	established by an act of the legislature and no other authority is established
2773	2773	by law or otherwise to collect a fee. On and after July 1, 2019 2025,
2774	2774	through June 30, 2025 2030, the supreme court may impose an additional
2775	2775	charge, not to exceed $22 per docket fee, to fund the costs of non-judicial
2776	2776	personnel.
2777	2777	(b) Expenses. The expenses for proceedings under this code,
2778	2778	including fees and mileage allowed witnesses and fees and expenses
2779	2779	approved by the court for appointed attorneys, shall be paid by the board
2780	2780	of county commissioners from the general fund of the county.
2781	2781	(c) Assessment of docket fee and expenses. (1) Docket fee. The docket
2782	2782	fee may be assessed or waived by the court conducting the initial
2783	2783	sentencing hearing and may be assessed against the juvenile or the parent
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2827	2827	of the juvenile. Any docket fee received shall be remitted to the state
2828	2828	treasurer pursuant to K.S.A. 20-362, and amendments thereto.
2829	2829	(2) Expenses. Expenses may be waived or assessed against the
2830	2830	juvenile or a parent of the juvenile. When expenses are recovered from a
2831	2831	party against whom they have been assessed the general fund of the county
2832	2832	shall be reimbursed in the amount of the recovery.
2833	2833	(3) Prohibited assessment. Docket fees or expenses shall not be
2834	2834	assessed against the state, a political subdivision of the state, an agency of
2835	2835	the state or of a political subdivision of the state or a person acting in the
2836	2836	capacity of an employee of the state or of a political subdivision of the
2837	2837	state.
2838	2838	(d) Cases in which venue is transferred. If venue is transferred from
2839	2839	one county to another, the court from which the case is transferred shall
2840	2840	send to the receiving court a statement of expenses paid from the general
2841	2841	fund of the sending county. If the receiving court collects any of the
2842	2842	expenses owed in the case, the receiving court shall pay to the sending
2843	2843	court an amount proportional to the sending court's share of the total
2844	2844	expenses owed to both counties. The expenses of the sending county shall
2845	2845	not be an obligation of the receiving county except to the extent that the
2846	2846	sending county's proportionate share of the expenses is collected by the
2847	2847	receiving court. Unless otherwise ordered by the court, all amounts
2848	2848	collected shall first be applied toward payment of restitution, then toward
2849	2849	the payment of the docket fee.
2850	2850	Sec. 16. K.S.A. 2024 Supp. 59-104 is hereby amended to read as
2851	2851	follows: 59-104. (a) Docket fee. (1) Except as otherwise provided by law,
2852	2852	no case shall be filed or docketed in the district court under the provisions
2853	2853	of chapter 59 of the Kansas Statutes Annotated, and amendments thereto,
2854	2854	or of articles 40 and 52 of chapter 65 of the Kansas Statutes Annotated,
2855	2855	and amendments thereto, without payment of an appropriate docket fee as
2856	2856	follows:
2857	2857	Treatment of mentally ill.................................................................... $34.50
2858	2858	Treatment of alcoholism or drug abuse................................................ 34.50
2859	2859	Determination of descent of property................................................... 49.50
2860	2860	Termination of life estate...................................................................... 48.50
2861	2861	Termination of joint tenancy................................................................. 48.50
2862	2862	Refusal to grant letters of administration............................................. 48.50
2863	2863	Adoption............................................................................................... 48.50
2864	2864	Filing a will and affidavit under K.S.A. 59-618a, and
2865	2865	amendments thereto......................................................................... 48.50
2866	2866	Guardianship......................................................................................... 69.50
2867	2867	Conservatorship.................................................................................... 69.50
2868	2868	Trusteeship............................................................................................ 69.50
2869	2869	Combined guardianship and conservatorship....................................... 69.50
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2913	2913	Certified probate proceedings under K.S.A. 59-213, and amendments
2914	2914	thereto.............................................................................................. 23.50
2915	2915	Decrees in probate from another state................................................ 173.00
2916	2916	Probate of an estate or of a will.......................................................... 109.50
2917	2917	Civil commitment under K.S.A. 59-29a01 et seq., and
2918	2918	amendments thereto......................................................................... 33.50
2919	2919	(2) Except as provided further, the docket fee established in this
2920	2920	section shall be the only fee collected or moneys in the nature of a fee
2921	2921	collected for the docket fee. Such fee shall only be established by an act of
2922	2922	the legislature and no other authority is established by law or otherwise to
2923	2923	collect a fee. On and after July 1, 2019 2025, through June 30, 2025 2030,
2924	2924	the supreme court may impose an additional charge, not to exceed $22 per
2925	2925	docket fee, to fund the costs of non-judicial personnel.
2926	2926	(b) Poverty affidavit in lieu of docket fee and exemptions. The
2927	2927	provisions of K.S.A. 60-2001(b) and K.S.A. 60-2005, and amendments
2928	2928	thereto, shall apply to probate docket fees prescribed by this section.
2929	2929	(c) Disposition of docket fee. Statutory charges for the law library and
2930	2930	for the prosecuting attorneys' training fund shall be paid from the docket
2931	2931	fee. The remainder of the docket fee shall be paid to the state treasurer in
2932	2932	accordance with K.S.A. 20-362, and amendments thereto.
2933	2933	(d) Additional court costs. Other fees and expenses to be assessed as
2934	2934	additional court costs shall be approved by the court, unless specifically
2935	2935	fixed by statute. Other fees shall include, but not be limited to, witness
2936	2936	fees, appraiser fees, fees for service of process outside the state, fees for
2937	2937	depositions, transcripts and publication of legal notice, executor or
2938	2938	administrator fees, attorney fees, court costs from other courts and any
2939	2939	other fees and expenses required by statute. All additional court costs shall
2940	2940	be taxed and billed against the parties or estate as directed by the court. No
2941	2941	sheriff in this state shall charge any district court in this state a fee or
2942	2942	mileage for serving any paper or process.
2943	2943	Sec. 17. K.S.A. 2024 Supp. 60-729 is hereby amended to read as
2944	2944	follows: 60-729. (a) Garnishment is a procedure whereby the wages,
2945	2945	money or intangible property of a person can be seized or attached
2946	2946	pursuant to an order of garnishment issued by the court under the
2947	2947	conditions set forth in the order.
2948	2948	(b) Any party requesting an order of garnishment shall pay a fee in
2949	2949	the amount of $7.50 to the clerk of the district court.
2950	2950	(c) A poverty affidavit may be filed in lieu of a fee as established in
2951	2951	K.S.A. 60-2001, and amendments thereto.
2952	2952	(d) The fee shall be the only costs assessed in each case for services
2953	2953	of the clerk of the district court and the sheriff. The fee shall be disbursed
2954	2954	in accordance with K.S.A. 20-362, and amendments thereto.
2955	2955	(e) Except as provided further, the fee established in this section shall
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2999	2999	be the only fee collected or moneys in the nature of a fee collected for the
3000	3000	docket fee. Such fee shall only be established by an act of the legislature
3001	3001	and no other authority is established by law or otherwise to collect a fee.
3002	3002	On and after July 1, 2019 2025, through June 30, 2025 2030, the supreme
3003	3003	court may impose an additional charge, not to exceed $12.50 per fee, to
3004	3004	fund the costs of non-judicial personnel.
3005	3005	(f) The state of Kansas and all municipalities in this state, as defined
3006	3006	in K.S.A. 12-105a, and amendments thereto, shall be exempt from paying
3007	3007	such fee.
3008	3008	Sec. 18. K.S.A. 2024 Supp. 60-2001 is hereby amended to read as
3009	3009	follows: 60-2001. (a) Docket fee. Except as otherwise provided by law, no
3010	3010	case shall be filed or docketed in the district court, whether original or
3011	3011	appealed, without payment of a docket fee in the amount of $173 to the
3012	3012	clerk of the district court. Except as provided further, the docket fee
3013	3013	established in this subsection shall be the only fee collected or moneys in
3014	3014	the nature of a fee collected for the docket fee. Such fee shall only be
3015	3015	established by an act of the legislature and no other authority is established
3016	3016	by law or otherwise to collect a fee. On and after July 1, 2019 2025,
3017	3017	through June 30, 2025 2030, the supreme court may impose an additional
3018	3018	charge, not to exceed $22 per docket fee, to fund the costs of non-judicial
3019	3019	personnel.
3020	3020	(b) Poverty affidavit in lieu of docket fee. (1) Effect. In any case
3021	3021	where a plaintiff by reason of poverty is unable to pay a docket fee, and an
3022	3022	affidavit so stating is filed, no fee will be required. An inmate in the
3023	3023	custody of the secretary of corrections may file a poverty affidavit only if
3024	3024	the inmate attaches a statement disclosing the average account balance, or
3025	3025	the total deposits, whichever is less, in the inmate's trust fund for each
3026	3026	month in: (A) The six-month period preceding the filing of the action; or
3027	3027	(B) the current period of incarceration, whichever is shorter. Such
3028	3028	statement shall be certified by the secretary. On receipt of the affidavit and
3029	3029	attached statement, the court shall determine the initial fee to be assessed
3030	3030	for filing the action and in no event shall the court require an inmate to pay
3031	3031	less than $3. The secretary of corrections is hereby authorized to disburse
3032	3032	money from the inmate's account to pay the costs as determined by the
3033	3033	court. If the inmate has a zero balance in such inmate's account, the
3034	3034	secretary shall debit such account in the amount of $3 per filing fee as
3035	3035	established by the court until money is credited to the account to pay such
3036	3036	docket fee. Any initial filing fees assessed pursuant to this subsection shall
3037	3037	not prevent the court, pursuant to subsection (d), from taxing that
3038	3038	individual for the remainder of the amount required under subsection (a) or
3039	3039	this subsection.
3040	3040	(2) Form of affidavit. The affidavit provided for in this subsection
3041	3041	shall set forth a factual basis upon which the plaintiff alleges by reason of
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3084	3084	43 HB 2393 37
3085	3085	poverty an inability to pay a docket fee, including, but not limited to, the
3086	3086	source and amount of the plaintiff's weekly income. Such affidavit shall be
3087	3087	signed and sworn to by the plaintiff under oath, before one who has
3088	3088	authority to administer the oath, under penalty of perjury, K.S.A. 21-5903,
3089	3089	and amendments thereto. The form of the affidavit shall be deemed
3090	3090	sufficient if in substantial compliance with the form set forth by the
3091	3091	judicial council.
3092	3092	(3) Court review; grounds for dismissal; service of process. The court
3093	3093	shall review any petition authorized for filing under this subsection. Upon
3094	3094	such review, if the court finds that the plaintiff's allegation of poverty is
3095	3095	untrue, the court shall direct the plaintiff to pay the docket fee or dismiss
3096	3096	the petition without prejudice. Notwithstanding K.S.A. 60-301, and
3097	3097	amendments thereto, service of process shall not issue unless the court
3098	3098	grants leave following its review.
3099	3099	(c) Disposition of fees. The docket fees and the fees for service of
3100	3100	process shall be the only costs assessed in each case for services of the
3101	3101	clerk of the district court and the sheriff. For every person to be served by
3102	3102	the sheriff, the persons requesting service of process shall provide proper
3103	3103	payment to the clerk and the clerk of the district court shall forward the
3104	3104	service of process fee to the sheriff in accordance with K.S.A. 28-110, and
3105	3105	amendments thereto. The service of process fee, if paid by check or money
3106	3106	order, shall be made payable to the sheriff. Such service of process fee
3107	3107	shall be submitted by the sheriff at least monthly to the county treasurer
3108	3108	for deposit in the county treasury and credited to the county general fund.
3109	3109	The docket fee shall be disbursed in accordance with K.S.A. 20-362, and
3110	3110	amendments thereto.
3111	3111	(d) Additional court costs. Other fees and expenses to be assessed as
3112	3112	additional court costs shall be approved by the court, unless specifically
3113	3113	fixed by statute. Other fees shall include, but not be limited to, witness
3114	3114	fees, appraiser fees, fees for service of process, fees for depositions,
3115	3115	alternative dispute resolution fees, transcripts and publication, attorney
3116	3116	fees, court costs from other courts and any other fees and expenses
3117	3117	required by statute. All additional court costs shall be taxed and billed
3118	3118	against the parties as directed by the court. No sheriff in this state shall
3119	3119	charge any mileage for serving any papers or process.
3120	3120	Sec. 19. K.S.A. 2024 Supp. 60-2203a is hereby amended to read as
3121	3121	follows: 60-2203a. (a) After the commencement of any action in any
3122	3122	district court of this state, or the courts of the United States in the state of
3123	3123	Kansas or in any action now pending heretofore commenced in such
3124	3124	courts, which does not involve title to real estate, any party to such action
3125	3125	may give notice in any other county of the state of the pendency of the
3126	3126	action by filing for record with the clerk of the district court of such other
3127	3127	county a verified statement setting forth the parties to the action, the nature
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3170	3170	43 HB 2393 38
3171	3171	of the action, the court in which it is pending, and the relief sought, which
3172	3172	shall impart notice of the pendency of the action and shall result in the
3173	3173	same lien rights as if the action were pending in that county. The lien shall
3174	3174	be effective from the time the statement is filed, but not to exceed four
3175	3175	months prior to the entry of judgment except as provided in subsection (c)
3176	3176	(b). The party filing such notice shall within 30 days after any satisfaction
3177	3177	of the judgment entered in such action, or any other final disposition
3178	3178	thereof, cause to be filed with such clerk of the district court a notice that
3179	3179	all claims in such action are released. If the party filing fails or neglects to
3180	3180	do so after reasonable demand by any party in interest, such party shall be
3181	3181	liable in damages in the same amounts and manner as is provided by law
3182	3182	for failure of a mortgagee to enter satisfaction of a mortgage. Upon the
3183	3183	filing of such a notice of the pendency of an action the clerk shall charge a
3184	3184	fee of $14 and shall enter and index the action in the same manner as for
3185	3185	the filing of an original action. Upon the filing of a notice of release, the
3186	3186	notice shall likewise be entered on the docket. Except as provided further,
3187	3187	the fee established in this subsection shall be the only fee collected or
3188	3188	moneys in the nature of a fee collected for the court procedure. Such fee
3189	3189	shall only be established by an act of the legislature and no other authority
3190	3190	is established by law or otherwise to collect a fee. On and after July 1,
3191	3191	2019 2025, through June 30, 2025 2030, the supreme court may impose an
3192	3192	additional charge, not to exceed $22 per fee, to fund the costs of non-
3193	3193	judicial personnel.
3194	3194	(b) Notwithstanding the foregoing provisions of this section, the
3195	3195	filing of a notice of the pendency of an action pursuant to subsection (a)
3196	3196	shall create no lien rights against the property of an employee of the state
3197	3197	or a municipality prior to the date judgment is rendered if the pleadings in
3198	3198	the pending action allege a negligent or wrongful act or omission of the
3199	3199	employee while acting within the scope of such employee's employment,
3200	3200	regardless of whether or not it is alleged in the alternative that the
3201	3201	employee was acting outside of such employee's employment. A judgment
3202	3202	against an employee shall become a lien upon such employee's property in
3203	3203	the county where notice is filed pursuant to subsection (a) when the
3204	3204	judgment is rendered only if it is found that: (1) The employee's negligent
3205	3205	or wrongful act or omission occurred when the employee was acting
3206	3206	outside the scope of such employee's employment; or (2) the employee's
3207	3207	conduct which gave rise to the judgment was because of actual fraud or
3208	3208	actual malice of the employee. In such cases the lien shall not be effective
3209	3209	prior to the date judgment was rendered. As used in this subsection (c),
3210	3210	"employee" shall have the meaning ascribed to such term in K.S.A. 75-
3211	3211	6102, and amendments thereto.
3212	3212	Sec. 20. K.S.A. 2024 Supp. 61-2704 is hereby amended to read as
3213	3213	follows: 61-2704. (a) An action seeking the recovery of a small claim shall
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3256	3256	43 HB 2393 39
3257	3257	be considered to have been commenced at the time a person files a written
3258	3258	statement of the person's small claim with the clerk of the court if, within
3259	3259	90 days after the small claim is filed, service of process is obtained or the
3260	3260	first publication is made for service by publication. Otherwise, the action
3261	3261	is deemed commenced at the time of service of process or first publication.
3262	3262	An entry of appearance shall have the same effect as service.
3263	3263	(b) Upon the filing of a plaintiff's small claim, the clerk of the court
3264	3264	shall require from the plaintiff a docket fee of $35 if the claim does not
3265	3265	exceed $500; or $55 if the claim exceeds $500; unless for good cause
3266	3266	shown the judge waives the fee. The docket fee shall be the only costs
3267	3267	required in an action seeking recovery of a small claim. No person may
3268	3268	file more than 20 small claims under this act in the same court during any
3269	3269	calendar year.
3270	3270	(c) Except as provided further, the docket fee established in this
3271	3271	section shall be the only fee collected or moneys in the nature of a fee
3272	3272	collected for the docket fee. Such fee shall only be established by an act of
3273	3273	the legislature and no other authority is established by law or otherwise to
3274	3274	collect a fee. On and after July 1, 2019 2025, through June 30, 2025 2030,
3275	3275	the supreme court may impose an additional charge, not to exceed $12.50
3276	3276	per docket fee, to fund the costs of non-judicial personnel.
3277	3277	Sec. 21. K.S.A. 2024 Supp. 61-4001 is hereby amended to read as
3278	3278	follows: 61-4001. (a) Docket fee. (1) No case shall be filed or docketed
3279	3279	pursuant to the code of civil procedure for limited actions without the
3280	3280	payment of a docket fee in the amount of $35 if the amount in controversy
3281	3281	or claimed does not exceed $500; $55 if the amount in controversy or
3282	3282	claimed exceeds $500 but does not exceed $5,000; or $101 if the amount
3283	3283	in controversy or claimed exceeds $5,000. If judgment is rendered for the
3284	3284	plaintiff, the court also may enter judgment for the plaintiff for the amount
3285	3285	of the docket fee paid by the plaintiff.
3286	3286	(2) Except as provided further, the docket fee established in this
3287	3287	section shall be the only fee collected or moneys in the nature of a fee
3288	3288	collected for the docket fee. Such fee shall only be established by an act of
3289	3289	the legislature and no other authority is established by law or otherwise to
3290	3290	collect a fee. On and after July 1, 2019 2025, through June 30, 2025 2030,
3291	3291	the supreme court may impose an additional charge, not to exceed $19 per
3292	3292	docket fee, to fund the costs of non-judicial personnel.
3293	3293	(b) Poverty affidavit; additional court costs; exemptions for the state
3294	3294	and municipalities. The provisions of K.S.A. 60-2001(b), (c) and (d) and
3295	3295	60-2005, and amendments thereto, shall be applicable to lawsuits brought
3296	3296	under the code of civil procedure for limited actions.
3297	3297	Sec. 22. K.S.A. 2024 Supp. 65-409 is hereby amended to read as
3298	3298	follows: 65-409. (a) The clerk of the district court shall charge a fee of $14
3299	3299	for entering and filing a lien statement under this act.
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3343	3343	(b) Except as provided further, the lien fee established in subsection
3344	3344	(a) shall be the only fee collected or moneys in the nature of a fee collected
3345	3345	for such lien. Such fee shall only be established by an act of the legislature
3346	3346	and no other authority is established by law or otherwise to collect a fee.
3347	3347	On and after July 1, 2019 2025, through June 30, 2025 2030, the supreme
3348	3348	court may impose an additional charge, not to exceed $22 per lien fee, to
3349	3349	fund the costs of non-judicial personnel.
3350	3350	Sec. 23. K.S.A. 8-2107, 20-3021, 21-6614, 22-2410, 23-2510, 28-
3351	3351	170, 28-172a, 28-179, 38-2215, 38-2312 and 38-2314 and K.S.A. 2024
3352	3352	Supp. 8-2110, 28-177, 28-178, 32-1049a, 59-104, 60-729, 60-2001, 60-
3353	3353	2203a, 61-2704, 61-4001 and 65-409 are hereby repealed.
3354	3354	Sec. 24. This act shall take effect and be in force from and after its
3355	3355	publication in the statute book.
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