Kansas 2025-2026 Regular Session

Kansas Senate Bill SB94 Compare Versions

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

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 94
3	3	By Senator Haley
4	4	1-28
5	5	AN ACT concerning criminal procedure; relating to restitution; requiring a
6	6	person convicted of an offense that resulted in the incapacitation or
7	7	death of a victim who is the parent or guardian of a minor child to pay
8	8	restitution in the form of child support.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. (a) Notwithstanding any provision of law to the contrary, if
11	11	a defendant is convicted of an offense that resulted in the incapacitation or
12	12	death of a victim who is the parent or guardian of a minor child, then the
13	13	court shall order the defendant to pay restitution in the form of reasonable
14	14	and necessary support of each minor child of the victim until each minor
15	15	child reaches 18 years of age and has graduated from high school, or the
16	16	class of which the minor child is a member when the child reaches 18
17	17	years of age has graduated from high school.
18	18	(b) When determining the amount of support that is reasonable and
19	19	necessary for the support of the child, the court shall consider all relevant
20	20	factors, including, but not limited to:
21	21	(1) The age of the child;
22	22	(2) the financial needs and resources of the child;
23	23	(3) the financial resources and needs of the surviving parent or
24	24	guardian of the child or the financial resources of the state if the child is in
25	25	the custody of the secretary for children and families;
26	26	(4) the standard of living to which the child is accustomed;
27	27	(5) the physical and emotional condition of the child and the child's
28	28	educational needs;
29	29	(6) the child's legal custody and residency; and
30	30	(7) the reasonable child care expenses of the surviving parent or
31	31	guardian.
32	32	(c) The court shall order the support payments be paid to the child's
33	33	parent or guardian. The court's order shall be enforced as a judgment of
34	34	restitution pursuant to K.S.A. 20-169, and amendments thereto, and K.S.A.
35	35	21-6604(b)(2), and amendments thereto. Payments shall continue until the
36	36	entire arrearage is paid in full.
37	37	(d) (1) If the victim or the victim's family brings a civil action against
38	38	the defendant prior to the court ordering the defendant to pay the
39	39	restitution described in this section and the victim or the victim's family
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76	76	obtains a judgment in such action, then the restitution described in this
77	77	section shall not be ordered.
78	78	(2) If the court enters an order pursuant to this section and the victim
79	79	or the victim's family subsequently brings a civil action against the
80	80	defendant and obtains a judgment in such action, then the order entered
81	81	pursuant to this section shall be offset by the amount of the judgment in
82	82	such action.
83	83	(e) This section shall be a part of and supplemental to the Kansas
84	84	code of criminal procedure.
85	85	Sec. 2. This act shall take effect and be in force from and after its
86	86	publication in the statute book.
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