HOUSE BILL No. 2772
An Act concerning crime victims restitution; amending
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 19-4804 is hereby
amended to read as follows: 19-
4804. (a) An application for compensation shall be made in the
and form prescribed by the state crime victims compensation board.
victim may seek compensation under this act whether or not an
has been charged with the crime which results in the victim's
(b) Compensation may not be awarded
unless the crime has been
reported to an appropriate law enforcement agency within 72 hours
its discovery and the claim has been filed with the local board
days after the filing of such report, unless the local board finds
good cause for the failure to report such crime within the time
(c) Compensation may not be awarded to a
victim who was the of-
fender or an accomplice of the offender and may not be awarded
another person if the award would unjustly benefit the offender or
(d) Compensation may not be awarded
unless the local board finds
the victim has fully cooperated with appropriate law enforcement
cies. The local board may deny, withdraw or reduce an award of
pensation for noncooperativeness.
(e) Compensation otherwise payable to a
victim shall be diminished:
(1) To the extent, if any, that the
economic loss upon which the vic-
tim's claim is based is recouped from other persons, including
(2) to the extent a local board deems
reasonable because of the con-
tributory misconduct of the victim.
(f) Compensation may be awarded only if
the local board finds a gen-
uine need is present.
(g) No compensation payment may exceed
$250 $500 if the property
crime results in a felony charge. If the crime is committed by a
whether this subsection applies shall be determined on the basis
whether a felony would be charged had the offender been an
(h) No compensation payment may exceed
$150 $250 if the property
crime results in a misdemeanor or traffic charge. If the crime is
ted by a juvenile, whether this subsection applies shall be
the basis of whether a misdemeanor would be charged had the
been an adult. If the original crime charged was a felony and
plea negotiations the adult or juvenile offender is charged with
guilty or nolo contendere to a misdemeanor, in the
discretion of the local
board, subsection (g) limits may apply to the compensation
(i) If extraordinary circumstances are
present and subject to the
requirements imposed by subsection (c) of K.S.A. 19-4803 and
ments thereto, the local board may exceed the amounts in
(j) Compensation for work loss or
personal injury due to criminally
injurious conduct shall be governed by K.S.A. 74-7301 et
seq. and amend-
ments thereto, and rules and regulations promulgated by the state
victims compensation board for that purpose. No local board may
cate compensation for criminally injurious conduct through payments
der this act.
(k) The local board may determine a floor
amount of compensation
which would be administratively wasteful. Once such an amount is
it shall be made public and must be uniformly applied to all
claims with the local board.
(l) The local board may provide written
policy for the handling of an
expedited claims process where prompt assistance and payment of
ices needed to repair property damage is needed to thwart the
of the onset of illness or disease to the victim or victim's
family, and where
the victim has no other means of paying for such services.
(m) No award made pursuant to this act
shall be subject to execution,
attachment, garnishment or other legal process, except that an
allowable expenses shall not be exempt from a claim of a creditor
extent the creditor has provided products, services or
the costs of which are included in the payment made pursuant to
(n) No assignment or agreement to assign
any right to compensation
for loss under this act shall be enforceable in this state.
(o) No local fund shall pay any single
individual or such individual's
immediate family member compensation on more than two claims
a given fiscal year.
No claim shall be paid from
the local fund to any corporation,
partnership or other business entity or governmental
(q) No claim shall be
allowed unless the crime charged is pursuant
to article 37 of chapter 21 of Kansas Statutes Annotated or similar
in county or municipal penal codes. If the crime charged is
K.S.A. 21-3707, 21-3708, 21-3722, 21-3725, 21-3734, 21-3736,
21-3739, 21-3748, 21-3749, 21-3750, 21-3753, 21-3754 and 21-3756
amendments thereto, no claim for compensation under this act shall
allowed. In addition to claims that may be made for criminally
conduct with the state crime victims compensation board, a claim
compensation for property damage may be allowed under this act
crimes charged under K.S.A. 21-3418, 21-3426 or 21-3427 and
(r) (q) Payment
or payments made from a local fund under this act
shall not limit, impair or preclude the ability of a court or the
to order restitution, and prescribe the manner and conditions of
of restitution, as allowed by law.
Sec. 2. K.S.A. 19-4804 is hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 19, 2000.