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Session of 2025
HOUSE BILL No. 2321
By Committee on Judiciary
Requested by Representative Bohi on behalf of the Kansas Attorney General
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AN ACT concerning victims of crime; providing that certain legal
violations relating to victims of crime are not grounds for appeal in a
criminal case; amending K.S.A. 74-7333 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 74-7333 is hereby amended to read as follows: 74-
7333. (a) In order to ensure the fair and compassionate treatment of
victims of crime and to increase the effectiveness of the criminal justice
system by affording victims of crime certain basic rights and
considerations, victims of crime shall have the following rights:
(1) Victims should shall be treated with courtesy, compassion and
with respect for their dignity and privacy and should suffer the minimum
of necessary inconvenience from their involvement with the criminal
justice system.
(2) Victims should shall receive, through formal and informal
procedures, prompt and fair redress for the harm which that they have
suffered.
(3) Information shall be made available to victims regarding the
availability of criminal restitution, recovery of damages in a civil cause of
action, the crime victims compensation fund and other remedies and the
mechanisms to obtain such remedies should be made available to victims.
(4) Information should be made available to victimsReasonable
attempts shall be made to inform the victims about their participation in
criminal proceedings and the scheduling, progress and ultimate disposition
of the proceedings.
(5) The views and concerns of victims should shall be ascertained ,
and the appropriate assistance shall be provided throughout the criminal
process.
(6) When the personal interests of victims are affected, the views or
concerns of the victim should such victims shall , when appropriate and
consistent with criminal law and procedure, be brought to the attention of
the court.
(7) Measures may shall be taken when necessary reasonable to
provide for the safety of victims and their families and to protect them
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from intimidation and retaliation.
(8) Enhanced training should shall be made available to sensitize
criminal justice personnel to the needs and concerns of victims, and
guidelines should be developed for this purpose.
(9) Victims should shall be informed of the availability of health and
social services and other relevant assistance that they might in order to
continue to receive the necessary medical, psychological and social
assistance through existing programs and services.
(10)(b) Victims should report the crime and cooperate with law
enforcement authorities.
(b)(c) As used in this act, "victim" means any person who suffers
direct or threatened physical, emotional or financial harm as the result of
the commission or attempted commission of a crime against such person.
(c)(d) As used in this act and as used in article 15 of section 15 of the
Kansas constitution, the term "crime" shall not include violations of
ordinances of cities , except for violations of ordinances of cities which
that prohibit acts or omissions which that are prohibited by articles 33, 34,
35 and 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or articles 53, 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-
6421, and amendments thereto, and as provided in subsection (d) (e).
(d)(e) The governing body of any city which that has established a
municipal court shall adopt policies which that afford the rights granted to
victims of crime pursuant to this act , and, pursuant to article 15 of section
15 of the Kansas constitution , to victims of ordinance violations specified
in such policies.
(e)(f) Nothing in this act shall be construed as creating a cause of
action on behalf of any person against the state, a county, a municipality or
any of their agencies, instrumentalities or employees responsible for the
enforcement of rights as provided in this act. A failure to provide a right,
service or notification that is required by law is not a ground for an appeal
of a conviction or sentence and is not a ground for any court to reverse or
modify a conviction or sentence.
(f)(g) This section shall be known and may be cited as the bill of
rights for victims of crime act.
Sec. 2. K.S.A. 74-7333 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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