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Session of 2025
HOUSE BILL No. 2306
By Committee on Judiciary
Requested by Representative Tarwater on behalf of Kevin Corbin, Troy Hamlin
and Brent Moroney
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AN ACT concerning involuntary manslaughter; relating to driving under
the influence; requiring child support for any child of a victim killed by
a person convicted of involuntary manslaughter while driving under the
influence.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Notwithstanding any provision of law to the contrary, if
a person is convicted of involuntary manslaughter, as defined in K.S.A.
21-5405(a)(3), and amendments thereto, and the victim of the offense was
the parent of a minor child, then the court shall order the defendant to pay
restitution in the form of reasonable and necessary support of each minor
child of the victim until each minor child reaches 18 years of age and has
graduated from high school, or the class of which the minor child is a
member when the child reaches 18 years of age has graduated from high
school.
(b) When determining the amount of support that is reasonable and
necessary for the support of the child, the court shall consider all relevant
factors, including, but not limited to:
(1) The age of the child;
(2) the financial needs and resources of the child;
(3) the financial resources and needs of the surviving parent or
guardian of the child or the financial resources of the state if the child is in
the custody of the secretary for children and families;
(4) the standard of living to which the child is accustomed;
(5) the physical and emotional condition of the child and the child's
educational needs;
(6) the child's legal custody and residency; and
(7) the reasonable child care expenses of the surviving parent or
guardian.
(c) The court shall order the support payments be paid to the
surviving parent or guardian. The court's order shall be enforced as a
judgment of restitution pursuant to K.S.A. 20-169, and amendments
thereto, and K.S.A. 2024 Supp. 21-6604(b)(2), and amendments thereto.
(d) If the person who is ordered to pay the restitution described in this
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section is incarcerated and unable to pay, the person shall have not longer
than one year after such person is released from custody to begin payment
and create a payment plan to address any arrearage. Payments shall
continue until the entire arrearage is paid in full.
(e) (1) If the surviving parent or guardian brings a civil action against
the person ordered to pay the restitution described in this section prior to
the court ordering such restitution and the surviving parent or guardian
obtains a judgment in such action, then the restitution described in this
section shall not be ordered.
(2) If the court enters an order pursuant to this section and the
surviving parent or guardian subsequently brings a civil action and obtains
a judgment, then the order entered pursuant to this section shall be offset
by the amount of the judgment in such action.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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