Session of 1998
By Committee on Judiciary
            9             AN ACT concerning victims rights; relating to victim impact statements;
10             concerning the bill of rights for victims of crime; amending K.S.A. 1997
11             Supp. 8-1019 and 74-7333 and repealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 8-1019 is hereby amended to read as
15       follows: 8-1019. (a) As used in this section, ``alcohol or drug-related of-
16       fense'' means: (1) A violation of K.S.A. 8-1567, and amendments thereto,
17       or any ordinance of a city or resolution of a county prohibiting the acts
18       prohibited by that statute; or (2) any other offense arising out of the
19       operation or attempted operation of a motor vehicle while under the
20       influence of alcohol or drugs, or both.
21           (b) Prior to the sentencing of a person convicted of an alcohol or
22       drug-related offense which resulted in serious bodily injury any injury or
23       property loss to a person or the death of a person, the court shall cause
24       reasonable attempts to be made to notify the victim or the victim's family,
25       who shall be given an opportunity to make a victim impact statement as
26       to the impact of the offense on the victim's life or the lives of the victim's
27       family members.
28           (c) Any court sentencing a person convicted of an alcohol or drug-
29       related offense which resulted in personal injury to a person, the death
30       of a person or injury to a person's property may require, in addition to
31       any other penalty provided by law, that the convicted person pay resti-
32       tution as a condition of probation or parole.
33           Sec. 2. K.S.A. 1997 Supp. 74-7333 is hereby amended to read as
34       follows: 74-7333. (a) In order to ensure the fair and compassionate treat-
35       ment of victims of crime and to increase the effectiveness of the criminal
36       justice system by affording victims of crime certain basic rights and con-
37       siderations, victims of crime shall have the following rights:
38           (1) Victims should be treated with courtesy, compassion and with
39       respect for their dignity and privacy and should suffer the minimum of
40       necessary inconvenience from their involvement with the criminal justice
41       system.
42           (2) Victims should receive, through formal and informal procedures,
43       prompt and fair redress for the harm which they have suffered.

HB 2822


  1           (3) Information regarding the availability of criminal restitution, re-
  2       covery of damages in a civil cause of action, the crime victims compen-
  3       sation fund and other remedies and the mechanisms to obtain such rem-
  4       edies should be made available to victims.
  5           (4) Information should be made available to victims about their par-
  6       ticipation in criminal proceedings and the scheduling, progress and ulti-
  7       mate disposition of the proceedings.
  8           (5) The views and concerns of victims should be ascertained and the
  9       appropriate assistance provided throughout the criminal process.
10           (6) When the personal interests of victims are affected, the views or
11       concerns of the victim should, when appropriate and consistent with crim-
12       inal law and procedure, be brought to the attention of the court.
13           (7) Measures may be taken when necessary to provide for the safety
14       of victims and their families and to protect them from intimidation and
15       retaliation.
16           (8) Enhanced training should be made available to sensitize criminal
17       justice personnel to the needs and concerns of victims and guidelines
18       should be developed for this purpose.
19           (9) Victims should be informed of the availability of health and social
20       services and other relevant assistance that they might continue to receive
21       the necessary medical, psychological and social assistance through existing
22       programs and services.
23           (10) Victims should report the crime and cooperate with law enforce-
24       ment authorities.
25           (b) As used in this act, ``victim'' means any person who suffers direct
26       or threatened physical, emotional or financial harm as the result of the
27       commission or attempted commission of a crime against such person.
28           (c) As used in this act and as used in article 15 of section 15 of the
29       Kansas constitution, the term ``crime'' shall not include violations of or-
30       dinances of cities except for violations of ordinances of cities which pro-
31       hibit acts or omissions: (1) Which are prohibited by articles 33, 34, 35
32       and 36 of chapter 21 of the Kansas Statutes Annotated; (2) which are
33       prohibited by K.S.A. 8-1567, and amendments thereto; (3) which prohib-
34       its alcohol or drug related offenses which result in injury, death or prop-
35       erty loss to persons; and (4) as provided in subsection (d).
36           (d) The governing body of any city which has established a municipal
37       court shall adopt policies which afford the rights granted to victims of
38       crime pursuant to this act and pursuant to article 15 of section 15 of the
39       Kansas constitution to victims of ordinance violations specified in such
40       policies.
41           (e) Nothing in this act shall be construed as creating a cause of action
42       on behalf of any person against the state, a county, a municipality or any
43       of their agencies, instrumentalities or employees responsible for the en-

HB 2822


  1       forcement of rights as provided in this act.
  2           (f) This section shall be known and may be cited as the bill of rights
  3       for victims of crime act.
  4           Sec. 3. K.S.A. 1997 Supp. 8-1019 and 74-7333 are hereby repealed.
  5           Sec. 4. This act shall take effect and be in force from and after its
  6       publication in the statute book.