Authorizing the supreme court to impose a charge to fund the costs of non-judicial personnel through June 30, 2030.

HOUSE BILL No. 2393
AN ACT concerning courts; relating to court fees and costs; authorizing the supreme court
to impose a charge to fund the costs of non-judicial personnel through June 30, 2030;
amending K.S.A. 8-2107, 20-3021, 21-6614, 22-2410, 23-2510, 28-170, 28-172a, 28-
179, 38-2215, 38-2312, 38-2314, 59-104, 60-729, 60-2001, 60-2203a, 61-2704, 61-
4001 and K.S.A. 2025 Supp. 8-2110, 28-177, 28-178, 32-1049a and 65-409 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-2107 is hereby amended to read as follows: 8-
2107. (a) (1) Notwithstanding any other provisions of the uniform act
regulating traffic on highways, when a person is stopped by a police
officer for any of the offenses described in subsection (d) and such
person is not immediately taken before a judge of the district court, the
police officer may require the person stopped, subject to the provisions
of subsection (c), to deposit with the officer a valid Kansas driver's
license in exchange for a receipt therefor issued by such police officer,
the form of which shall be approved by the division of vehicles. Such
receipt shall be recognized as a valid temporary Kansas driver's license
authorizing the operation of a motor vehicle by the person stopped until
the date of the hearing stated on the receipt. The driver's license and a
written copy of the notice to appear shall be delivered by the police
officer to the court having jurisdiction of the offense charged as soon as
reasonably possible. If the hearing on such charge is continued for any
reason, the judge may note on the receipt the date to which such
hearing has been continued and such receipt shall be recognized as a
valid temporary Kansas driver's license until such date, but in no event
shall such receipt be recognized as a valid Kansas driver's license for a
period longer than 30 days from the date set for the original hearing.
Any person who has deposited a driver's license with a police officer
under this subsection shall have such license returned upon final
determination of the charge against such person.
(2) In the event the person stopped deposits a valid Kansas driver's
license with the police officer and fails to appear in the district court on
the date set for appearance, or any continuance thereof, and in any
event within 30 days from the date set for the original hearing, the court
shall forward such person's driver's license to the division of vehicles
with an appropriate explanation attached thereto. Upon receipt of such
person's driver's license, the division shall suspend such person's
privilege to operate a motor vehicle in this state until such person
appears before the court having jurisdiction of the offense charged, the
court makes a final disposition thereof and notice of such disposition is
given by the court to the division. No new or replacement license shall
be issued to any such person until such notice of disposition has been
received by the division. The provisions of K.S.A. 8-256, and
amendments thereto, limiting the suspension of a license to one year,
shall not apply to suspensions for failure to appear as provided in this
subsection.
(b) No person shall apply for a replacement or new driver's license
prior to the return of such person's original license which has been
deposited in lieu of bond under this section. Violation of this subsection
is a class C misdemeanor. The division may suspend such person's
driver's license for a period of not to exceed one year from the date the
division receives notice of the disposition of the person's charge as
provided in subsection (a).
(c) (1) In lieu of depositing a valid Kansas driver's license with the
stopping police officer as provided in subsection (a), the person stopped
may elect to give bond in the amount specified in subsection (d) for the
offense for which the person was stopped. When such person does not
have a valid Kansas driver's license, such person shall give such bond.
Such bond shall be subject to forfeiture if the person stopped does not
appear at the court and at the time specified in the written notice
provided for in K.S.A. 8-2106, and amendments thereto.
(2) Such bond may be a cash bond, a bank card draft from any
valid and unexpired credit card approved by the division of vehicles or
superintendent of the Kansas highway patrol or a guaranteed arrest
HOUSE BILL No. 2393—page 2
bond certificate issued by either a surety company authorized to
transact such business in this state or an automobile club authorized to
transact business in this state by the commissioner of insurance. If any
of the approved bank card issuers redeem the bank card draft at a
discounted rate, such discount shall be charged against the amount
designated as the fine for the offense. If such bond is not forfeited, the
amount of the bond less the discount rate shall be reimbursed to the
person providing the bond by the use of a bank card draft. Any such
guaranteed arrest bond certificate shall be signed by the person to
whom it is issued and shall contain a printed statement that such surety
company or automobile club guarantees the appearance of such person
and will, in the event of failure of such person to appear in court at the
time of trial, pay any fine or forfeiture imposed on such person not to
exceed an amount to be stated on such certificate.
(3) Such cash bond shall be taken in the following manner: The
police officer shall furnish the person stopped a stamped envelope
addressed to the judge or clerk of the court named in the written notice
to appear and the person shall place in such envelope the amount of the
bond, and in the presence of the police officer shall deposit the same in
the United States mail. After such cash payment, the person stopped
need not sign the written notice to appear, but the police officer shall
note the amount of the bond mailed on the notice to appear form and
shall give a copy of such form to the person. If the person stopped
furnishes the police officer with a guaranteed arrest bond certificate or
bank card draft, the police officer shall give such person a receipt
therefor and shall note the amount of the bond on the notice to appear
form and give a copy of such form to the person stopped. Such person
need not sign the written notice to appear, and the police officer shall
present the notice to appear and the guaranteed arrest bond certificate
or bank card draft to the court having jurisdiction of the offense
charged as soon as reasonably possible.
(d) The offenses for which appearance bonds may be required as
provided in subsection (c) and the amounts thereof shall be as follows:
On and after July 1, 1996:
Reckless driving................................................................................. $82
Driving when privilege is canceled, suspended or revoked................. 82
Failure to comply with lawful order of officer..................................... 57
Registration violation (registered for 12,000 pounds or less).............. 52
Registration violation (registered for more than 12,000 pounds)........ 92
No driver's license for the class of vehicle operated or violation
of restrictions................................................................................... 52
Spilling load on highway..................................................................... 52
Transporting open container of alcoholic liquor or cereal malt
beverage accessible while vehicle in motion................................ 223
(e) In the event of forfeiture of any bond under this section, $75 of
the amount forfeited shall be regarded as a docket fee in any court
having jurisdiction over the violation of state law.
(f) None of the provisions of this section shall be construed to
conflict with the provisions of the nonresident violator compact.
(g) When a person is stopped by a police officer for any traffic
infraction and the person is a resident of a state which is not a member
of the nonresident violator compact, K.S.A. 8-1219 et seq., and
amendments thereto, or the person is licensed to drive under the laws of
a foreign country, the police officer may require a bond as provided for
under subsection (c). The bond shall be in the amount specified in the
uniform fine schedule in K.S.A. 8-2118(c), and amendments thereto,
plus $75 which shall be regarded as a docket fee in any court having
jurisdiction over the violation of state law.
(h) When a person is stopped by a police officer for failure to
provide proof of financial security pursuant to K.S.A. 40-3104, and
amendments thereto, and the person is a resident of another state or the
person is licensed to drive under the laws of a foreign country, the
police officer may require a bond as provided for under subsection (c).
The bond shall be in the amount of $75, plus $75 which shall be
HOUSE BILL No. 2393—page 3
regarded as a docket fee in any court having jurisdiction over the
violation of state law.
(i) Except as provided further, the docket fee established in this
section shall be the only fee collected or moneys in the nature of a fee
collected for the docket fee. Such fee shall only be established by an act
of the legislature and no other authority is established by law or
otherwise to collect a fee. On and after July 1, 2019 2026, through June
30, 2025 2030, the supreme court may impose an additional charge, not
to exceed $22 per docket fee, to fund the costs of non-judicial
personnel.
Sec. 2. K.S.A. 2025 Supp. 8-2110 is hereby amended to read as
follows: 8-2110. (a) Failure to comply with a traffic citation means
failure either to: (1) Appear before any district or municipal court in
response to a traffic citation and pay any fine and court costs imposed
as ordered by the court; or (2) otherwise comply with a traffic citation
as provided in K.S.A. 8-2118, and amendments thereto. Failure to
comply with a traffic citation is a misdemeanor, regardless of the
disposition of the charge for which such citation was originally issued.
(b) (1) (A) In addition to penalties of law applicable under
subsection (a), when a person fails to comply with a traffic citation,
except for any violations provided in subparagraph (C), the district or
municipal court in which the person should have complied with the
citation shall mail notice to the person that if the person does not appear
in district or municipal court or pay fines, court costs and any penalties
as ordered by the court within 30 days from the date of mailing notice,
the division of vehicles will be notified to suspend the person's driving
privileges unless such person is eligible for restricted driving privileges
pursuant to subparagraph (B). If the person is eligible for restricted
driving privileges, the division of vehicles shall restrict such person's
driving privileges pursuant to the terms set forth in subparagraph (B).
The district or municipal court may charge an additional fee of $5 for
mailing such notice. Upon the person's failure to comply within such 30
days of mailing notice, the district or municipal court shall
electronically notify the division of vehicles unless the district or
municipal court has determined pursuant to a written order that the
person shall fulfill any requirements set forth by the court prior to the
suspension. Failure to abide by the terms of the order shall result in the
court notifying the division of vehicles that the person's license shall be
suspended for the failure to comply with a traffic citation. Upon receipt
of a report of a failure to comply with a traffic citation under this
subsection, pursuant to K.S.A. 8-255, and amendments thereto, the
division of vehicles shall notify the violator and suspend the license of
the violator until satisfactory evidence of substantial compliance with
the terms of the traffic citation has been furnished to the informing
court unless such person is eligible for restricted driving privileges
pursuant to subparagraph (B). If the person is eligible for restricted
driving privileges, the division of vehicles shall notify the violator that
the person's driving privileges are restricted pursuant to the terms set
forth in subparagraph (B). When the court determines the person is in
substantial compliance with the terms of the traffic citation, the court
shall immediately electronically notify the division of vehicles of such
compliance. Upon receipt of notification of such compliance from the
informing court, the division of vehicles shall terminate the restriction,
suspension or suspension action.
(B) (i) When restricted driving privileges are approved pursuant to
this subsection, the person's driving privileges shall be restricted to
driving only under the following circumstances:
(a) In going to or returning from the person's place of employment
or schooling;
(b) in the course of the person's employment;
(c) in going to or returning from an appointment with a healthcare
provider or during a medical emergency;
(d) in going to and returning from probation or parole meetings,
drug or alcohol counseling or any place the person is required to go by
HOUSE BILL No. 2393—page 4
a court;
(e) in going to or returning from dropping off or picking up one or
more children from school or child care;
(f) in going to or returning from purchasing groceries or fuel for
their vehicle; and
(g) in going to or returning from any religious worship service
held by a religious organization.
(ii) A person shall not qualify for restricted driving privileges
pursuant to this subparagraph if such person has been convicted for
driving with a canceled, suspended or revoked license more than three
times or if such person is suspended for reasons other than a failure to
comply with a traffic citation at the time of application. Restricted
driving privileges approved pursuant to this subparagraph shall remain
in effect for the lesser of time of either:
(a) 60 days from the date that the division of vehicles mails notice
to the person of the restricted driving privileges;
(b) the person enters into an agreement with the court regarding
the person's failure to comply; or
(c) the rescission of the restricted driving privileges by the
division of vehicles.
(iii) The division shall rescind restricted driving privileges for any
person authorized pursuant to this subparagraph if the person is found
guilty of:
(a) A violation resulting in a license suspension, revocation or
cancellation for reasons other than failure to comply with a traffic
citation; or
(b) operating a motor vehicle in violation of restrictions provided
in clause (i) two or more times.
(iv) A person operating a motor vehicle in violation of restrictions
provided in clause (i) shall be guilty of operating a vehicle in violation
of restrictions as provided in K.S.A. 8-291, and amendments thereto.
(C) (i) Violations of the following sections or violations of
substantially similar offenses under a city ordinance shall not provide
the basis for a violation of this section: K.S.A. 8-1513, 8-1532, 8-1534,
8-1536, 8-1537, 8-1538, 8-1543, 8-1569, 8-1571, 8-1572, 8-1573, 8-
1578, 8-1578a, 8-1583, 8-1585, 8-1586, 8-1588, 8-1589, 8-1590, 8-
1591, 8-1592, 8-15,102, 8-15,108, 8-15,113, 8-1744, 21-5607, 21-5810,
21-5815, 21-5816, 21-5817, 21-6203, 41-715, 41-727, 66-1330, 68-
2106, 75-4510a and 79-34,112, and amendments thereto.
(ii) The provisions of this subparagraph shall be construed and
applied retroactively. A person may petition the district or municipal
court in which the person should have complied with the citation that
led to a prior violation of this section. If the court determines that the
person committed an offense that does not provide the basis for a
violation of this section, as amended by this act, the court shall
immediately electronically notify the division of vehicles. Upon receipt
of such notification from the informing court, the division of vehicles
shall terminate any restriction, suspension or suspension action that
resulted from the prior violation of this section.
(2) (A) In lieu of suspension under paragraph (1), the driver may
submit to the division of vehicles a written request for restricted driving
privileges. The driver may apply and be eligible for restricted driving
privileges pursuant to this paragraph if such driver has previously been
approved for restricted driving privileges pursuant to paragraph (1).
(B) (i) A person whose driving privileges have been revoked
solely for driving a motor vehicle on any highway as defined in K.S.A.
8-1424, and amendments thereto, of this state at a time when such
person's privilege to do so was canceled, suspended or revoked for
failure to comply with a traffic citation pursuant to this section may
submit to the division of vehicles a written request for restricted driving
privileges. A person shall not qualify for restricted driving privileges
pursuant to this section if such person has been convicted for driving
with a canceled, suspended or revoked license more than three times or
if such person is suspended for reasons other than a failure to comply
HOUSE BILL No. 2393—page 5
with a traffic citation at the time of application. Restricted driving
privileges approved pursuant to this subparagraph shall remain in effect
unless otherwise rescinded for the lesser of time of either:
(a) The remainder of the period of time that such person's driving
privileges are revoked; or
(b) three years from the date when the restricted driving privileges
were approved.
(ii) The division shall rescind restricted driving privileges for any
person authorized pursuant to this subparagraph if the person is found
guilty of a violation resulting in a license suspension, revocation or
cancellation for reasons other than failure to comply with a traffic
citation.
(iii) A person operating a motor vehicle in violation of restrictions
provided in subparagraph (D) shall be guilty of operating a vehicle in
violation of restrictions as provided in K.S.A. 8-291, and amendments
thereto.
(C) A person whose driver's license has expired during the period
when such person's driver's license has been suspended for failure to
pay fines for traffic citations, the driver may submit to the division of
vehicles a written request for restricted driving privileges. An* person
shall not qualify for restricted driving privileges pursuant to this section
unless the following conditions are met:
(i) The suspended license that expired was issued by the division
of vehicles;
(ii) the suspended license resulted from the individual's failure to
comply with a traffic citation pursuant to subsection (b)(1); and
(iii) the traffic citation that resulted in the failure to comply
pursuant to subsection (b)(1) was issued in this state.
(D) Upon review and approval of the driver's eligibility, the
driving privileges will be restricted by the division of vehicles until the
terms of the traffic citation have been substantially complied with and
the court shall immediately electronically notify the division of vehicles
of such compliance. If the driver fails to substantially comply with the
traffic citation, the driving privileges will be suspended by the division
of vehicles until the court determines the person has substantially
complied with the terms of the traffic citation and the court shall
immediately electronically notify the division of vehicles of such
substantial compliance. Upon receipt of notification of such compliance
from the informing court, the division of vehicles shall terminate the
suspension action. When restricted driving privileges are approved
pursuant to this section, the person's driving privileges shall be
restricted to driving only under the following circumstances:
(i) In going to or returning from the person's place of employment
or schooling;
(ii) in the course of the person's employment;
(iii) in going to or returning from an appointment with a health
care provider or during a medical emergency;
(iv) in going to and returning from probation or parole meetings,
drug or alcohol counseling or any place the person is required to go by
a court;
(v) in going to or returning from dropping off or picking up one or
more children from school or child care;
(vi) in going to or returning from purchasing groceries or fuel for
their vehicle; and
(vii) in going to or returning from any religious worship service
held by a religious organization.
(c) Except as provided in subsection (d), when the district or
municipal court notifies the division of vehicles of a failure to comply
with a traffic citation pursuant to subsection (b), the court shall assess a
reinstatement fee of $100. Such reinstatement fee shall be in addition to
any fine, restricted driving privilege application fee, district or
municipal court costs and other penalties. The court shall remit all
reinstatement fees to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
HOUSE BILL No. 2393—page 6
of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury and shall credit the first $15 of such
reinstatement fee to the state general fund and of the remaining amount,
29.41% of such moneys to the division of vehicles operating fund,
22.06% to the community alcoholism and intoxication programs fund
created by K.S.A. 41-1126, and amendments thereto, 7.36% to the
juvenile alternatives to detention fund created by K.S.A. 79-4803, and
amendments thereto, and 41.17% to the state general fund.
(d) The district court or municipal court shall waive the
reinstatement fee provided for in subsection (c), if the failure to comply
with a traffic citation was the result of such person enlisting in or being
drafted into the armed services of the United States, being called into
service as a member of a reserve component of the military service of
the United States, or volunteering for such active duty, or being called
into service as a member of the state of Kansas national guard, or
volunteering for such active duty, and being absent from Kansas
because of such military service.
(e) (1) A person who is assessed a reinstatement fee pursuant to
subsection (c) may petition the court that assessed the fee at any time to
waive payment of the fee, any additional charge imposed pursuant to
subsection (f), or any portion thereof. If it appears to the satisfaction of
the court that payment of the amount due will impose manifest hardship
on the person or the person's immediate family, the court may waive
payment of all or part of the amount due or modify the method of
payment.
(2) A person who is assessed a fine or court costs for a traffic
citation may petition the court that assessed the fine or costs at any time
to waive payment of the fine or costs, or any portion thereof. If it
appears to the satisfaction of the court that payment of the amount due
will impose manifest hardship on the person or the person's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment.
(3) The clerk of the district court and the clerk of the municipal
court shall make forms available to any person seeking to petition the
court to waive or reduce traffic fines, court costs or reinstatement fees.
(f) Except as provided further, the reinstatement fee established in
this section shall be the only fee collected or moneys in the nature of a
fee collected for such reinstatement. Such fee shall only be established
by an act of the legislature and no other authority is established by law
or otherwise to collect a fee. On and after July 1, 2019 2026, through
June 30, 2025 2030 , the supreme court may impose an additional
charge, not to exceed $22 per reinstatement fee, to fund the costs of
non-judicial personnel.
(g) (1) Prior to issuing an order pursuant to this section that
notifies the division of vehicles to restrict or suspend a person's driving
privileges, the court shall consider:
(A) Waiver or reduction of fees, fines and court costs and allowing
for payment plans for any fees, fines and court costs; and
(B) alternative requirements in lieu of restriction or suspension of
driving privileges, including, but not limited to, alcohol or drug
treatment or community service.
(2) Nothing in this subsection shall be construed to require the
court to make written findings or written payment plan orders.
(h) (1) Any conviction for a failure to comply pursuant to this
section shall not be considered by the district or municipal court or the
division of vehicles in determining suspended or restricted driving
privileges if such conviction is more than five years old.
(2) After the expiration of five years from the date of conviction,
the division shall notify by mail any persons whose driving privileges
were suspended or restricted and have not since been restored. The
division shall notify the person that the person may be eligible for
driving privileges as a result of the expiration of the five years from the
conviction for the failure to comply.
(3) The provisions of this subsection shall be construed and
HOUSE BILL No. 2393—page 7
applied retroactively.
(i) As used in this section, "substantial compliance" or
"substantially complied" means the person has followed the orders of
the court involving payments of fines, court costs and any penalties and
has not failed substantially in making payments or satisfying the terms
of the court order.
Sec. 3. K.S.A. 20-3021 is hereby amended to read as follows: 20-
3021. (a) (1) On and after July 1, 2014, Any party filing an appeal with
the court of appeals shall pay a fee in the amount of $145 to the clerk of
the supreme court.
(2) On and after July 1, 2014, Any party filing an appeal with the
supreme court shall pay a fee in the amount of $145 to the clerk of the
supreme court.
(b) A poverty affidavit may be filed in lieu of a fee as established
in K.S.A. 60-2001, and amendments thereto.
(c) The fee shall be the only costs assessed in each case to services
of the clerk of the supreme court. The clerk of the supreme court shall
remit all revenues received from this section to the state treasurer, in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto, for deposit in the state treasury. The fee shall be disbursed in
accordance with K.S.A. 20-362, and amendments thereto.
(d) Except as provided further, the fee established in this section
shall be the only fee collected or moneys in the nature of a fee collected
for the docket fee. Such fee shall only be established by an act of the
legislature and no other authority is established by law or otherwise to
collect a fee. On and after July 1, 2019 2026, through June 30, 2025
2030, the supreme court may impose an additional charge, not to
exceed $10 per fee, to fund the costs of non-judicial personnel.
(e) The state of Kansas and all municipalities in this state, as
defined in K.S.A. 12-105a, and amendments thereto, shall be exempt
from paying such fee.
Sec. 4. K.S.A. 21-6614 is hereby amended to read as follows: 21-
6614. (a) (1) Except as provided in subsections (b), (c), (d), (e) and (f),
any person convicted in this state of a traffic infraction, cigarette or
tobacco infraction, misdemeanor or a class D or E felony, or for crimes
committed on or after July 1, 1993, any nongrid felony or felony
ranked in severity levels 6 through 10 of the nondrug grid, or for crimes
committed on or after July 1, 1993, but prior to July 1, 2012, any felony
ranked in severity level 4 of the drug grid, or for crimes committed on
or after July 1, 2012, any felony ranked in severity level 5 of the drug
grid may petition the convicting court for the expungement of such
conviction or related arrest records if three or more years have elapsed
since the person: (A) Satisfied the sentence imposed; or (B) was
discharged from probation, a community correctional services program,
parole, postrelease supervision, conditional release or a suspended
sentence.
(2) Except as provided in subsections (b), (c), (d), (e) and (f), any
person who has fulfilled the terms of a diversion agreement may
petition the district court for the expungement of such diversion
agreement and related arrest records if three or more years have elapsed
since the terms of the diversion agreement were fulfilled.
(3) Notwithstanding the provisions of subsection (a)(1), and
except as provided in subsections (b), (c), (d), (e) and (f), any person
who has completed the requirements of a specialty court program
established pursuant to K.S.A. 20-173, and amendments thereto, may
petition the district court for the expungement of the conviction and
related arrest records. The court may waive all or part of the docket fee
imposed for filing a petition pursuant to this subsection.
(b) Any person convicted of prostitution, as defined in K.S.A. 21-
3512, prior to its repeal, convicted of a violation of K.S.A. 21-6419,
and amendments thereto, or who entered into a diversion agreement in
lieu of further criminal proceedings for such violation, may petition the
convicting court for the expungement of such conviction or diversion
agreement and related arrest records if:
HOUSE BILL No. 2393—page 8
(1) One or more years have elapsed since the person satisfied the
sentence imposed or the terms of a diversion agreement or was
discharged from probation, a community correctional services program,
parole, postrelease supervision, conditional release or a suspended
sentence; and
(2) such person can prove they were acting under coercion caused
by the act of another. For purposes of this subsection, "coercion"
means: Threats of harm or physical restraint against any person; a
scheme, plan or pattern intended to cause a person to believe that
failure to perform an act would result in bodily harm or physical
restraint against any person; or the abuse or threatened abuse of the
legal process.
(c) Except as provided in subsections (e) and (f), no person may
petition for expungement until five or more years have elapsed since
the person satisfied the sentence imposed or the terms of a diversion
agreement or was discharged from probation, a community correctional
services program, parole, postrelease supervision, conditional release or
a suspended sentence, if such person was convicted of a class A, B or C
felony, or for crimes committed on or after July 1, 1993, if convicted of
an off-grid felony or any felony ranked in severity levels 1 through 5 of
the nondrug grid, or for crimes committed on or after July 1, 1993, but
prior to July 1, 2012, any felony ranked in severity levels 1 through 3
of the drug grid, or for crimes committed on or after July 1, 2012, any
felony ranked in severity levels 1 through 4 of the drug grid, or:
(1) Vehicular homicide, as defined in K.S.A. 21-3405, prior to its
repeal, or K.S.A. 21-5406, and amendments thereto, or as prohibited by
any law of another state that is in substantial conformity with that
statute;
(2) driving while the privilege to operate a motor vehicle on the
public highways of this state has been canceled, suspended or revoked,
as prohibited by K.S.A. 8-262, and amendments thereto, or as
prohibited by any law of another state that is in substantial conformity
with that statute;
(3) perjury resulting from a violation of K.S.A. 8-261a, and
amendments thereto, or resulting from the violation of a law of another
state that is in substantial conformity with that statute;
(4) violating the provisions of K.S.A. 8-142 Fifth, and
amendments thereto, relating to fraudulent applications or violating the
provisions of a law of another state that is in substantial conformity
with that statute;
(5) any crime punishable as a felony wherein a motor vehicle was
used in the perpetration of such crime;
(6) failing to stop at the scene of an accident and perform the
duties required by K.S.A. 8-1603, prior to its repeal, or K.S.A. 8-1602
or 8-1604, and amendments thereto, or required by a law of another
state that is in substantial conformity with those statutes;
(7) violating the provisions of K.S.A. 40-3104, and amendments
thereto, relating to motor vehicle liability insurance coverage; or
(8) a violation of K.S.A. 21-3405b, prior to its repeal.
(d) (1) No person may petition for expungement until five or more
years have elapsed since the person satisfied the sentence imposed or
the terms of a diversion agreement or was discharged from probation, a
community correctional services program, parole, postrelease
supervision, conditional release or a suspended sentence, if such person
was convicted of a first violation of K.S.A. 8-1567, and amendments
thereto, including any diversion for such violation.
(2) No person may petition for expungement until 10 or more
years have elapsed since the person satisfied the sentence imposed or
was discharged from probation, a community correctional services
program, parole, postrelease supervision, conditional release or a
suspended sentence, if such person was convicted of a second or
subsequent violation of K.S.A. 8-1567, and amendments thereto.
(3) Except as provided further, the provisions of this subsection
shall apply to all violations committed on or after July 1, 2006. The
HOUSE BILL No. 2393—page 9
provisions of subsection (d)(2) shall not apply to violations committed
on or after July 1, 2014, but prior to July 1, 2015.
(e) There shall be no expungement of convictions for the
following offenses or of convictions for an attempt to commit any of
the following offenses:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or
K.S.A. 21-5503, and amendments thereto;
(2) indecent liberties with a child or aggravated indecent liberties
with a child, as defined in K.S.A. 21-3503 or 21-3504, prior to their
repeal, or K.S.A. 21-5506, and amendments thereto;
(3) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(4) aggravated criminal sodomy, as defined in K.S.A. 21-3506,
prior to its repeal, or K.S.A. 21-5504, and amendments thereto;
(5) indecent solicitation of a child or aggravated indecent
solicitation of a child, as defined in K.S.A. 21-3510 or 21-3511, prior to
their repeal, or K.S.A. 21-5508, and amendments thereto;
(6) sexual exploitation of a child, as defined in K.S.A. 21-3516,
prior to its repeal, or K.S.A. 21-5510, and amendments thereto;
(7) internet trading in child pornography or aggravated internet
trading in child pornography, as defined in K.S.A. 21-5514, and
amendments thereto;
(8) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604, and amendments thereto;
(9) endangering a child or aggravated endangering a child, as
defined in K.S.A. 21-3608 or 21-3608a, prior to their repeal, or K.S.A.
21-5601, and amendments thereto;
(10) abuse of a child, as defined in K.S.A. 21-3609, prior to its
repeal, or K.S.A. 21-5602, and amendments thereto;
(11) capital murder, as defined in K.S.A. 21-3439, prior to its
repeal, or K.S.A. 21-5401, and amendments thereto;
(12) murder in the first degree, as defined in K.S.A. 21-3401, prior
to its repeal, or K.S.A. 21-5402, and amendments thereto;
(13) murder in the second degree, as defined in K.S.A. 21-3402,
prior to its repeal, or K.S.A. 21-5403, and amendments thereto;
(14) voluntary manslaughter, as defined in K.S.A. 21-3403, prior
to its repeal, or K.S.A. 21-5404, and amendments thereto;
(15) involuntary manslaughter, as defined in K.S.A. 21-3404,
prior to its repeal, or K.S.A. 21-5405, and amendments thereto;
(16) sexual battery, as defined in K.S.A. 21-3517, prior to its
repeal, or K.S.A. 21-5505, and amendments thereto, when the victim
was less than 18 years of age at the time the crime was committed;
(17) aggravated sexual battery, as defined in K.S.A. 21-3518, prior
to its repeal, or K.S.A. 21-5505, and amendments thereto;
(18) a violation of K.S.A. 8-2,144, and amendments thereto,
including any diversion for such violation; or
(19) any conviction for any offense in effect at any time prior to
July 1, 2011, that is comparable to any offense as provided in this
subsection.
(f) Except as provided in K.S.A. 22-4908, and amendments
thereto, for any offender who is required to register as provided in the
Kansas offender registration act, K.S.A. 22-4901 et seq., and
amendments thereto, there shall be no expungement of any conviction
or any part of the offender's criminal record while the offender is
required to register as provided in the Kansas offender registration act.
(g) (1) When a petition for expungement is filed, the court shall
set a date for a hearing of such petition and shall cause notice of such
hearing to be given to the prosecutor and the arresting law enforcement
agency. The petition shall state the:
(A) Defendant's full name;
(B) full name of the defendant at the time of arrest, conviction or
diversion, if different than the defendant's current name;
(C) defendant's sex, race and date of birth;
HOUSE BILL No. 2393—page 10
(D) crime for which the defendant was arrested, convicted or
diverted;
(E) date of the defendant's arrest, conviction or diversion; and
(F) identity of the convicting court, arresting law enforcement
authority or diverting authority.
(2) Except as otherwise provided by law, a petition for
expungement shall be accompanied by a docket fee in the amount of
$176. On and after July 1, 2019 2026, through June 30, 2025 2030, the
supreme court may impose a charge, not to exceed $19 per case, to
fund the costs of non- judicial personnel. The charge established in this
section shall be the only fee collected or moneys in the nature of a fee
collected for the case. Such charge shall only be established by an act
of the legislature and no other authority is established by law or
otherwise to collect a fee.
(3) All petitions for expungement shall be docketed in the original
criminal action. Any person who may have relevant information about
the petitioner may testify at the hearing. The court may inquire into the
background of the petitioner and shall have access to any reports or
records relating to the petitioner that are on file with the secretary of
corrections or the prisoner review board.
(h) At the hearing on the petition, the court shall order the
petitioner's arrest record, conviction or diversion expunged if the court
finds that:
(1) (A) The petitioner has not been convicted of a felony in the
past two years and no proceeding involving any such crime is presently
pending or being instituted against the petitioner if the petition is filed
under subsection (a)(1) or (a)(2); or
(B) no proceeding involving a felony is presently pending or being
instituted against the petitioner if the petition is filed under subsection
(a)(3);
(2) the circumstances and behavior of the petitioner warrant the
expungement;
(3) the expungement is consistent with the public welfare; and
(4) with respect to petitions seeking expungement of a felony
conviction, possession of a firearm by the petitioner is not likely to
pose a threat to the safety of the public.
(i) When the court has ordered an arrest record, conviction or
diversion expunged, the order of expungement shall state the
information required to be contained in the petition. The clerk of the
court shall send a certified copy of the order of expungement to the
Kansas bureau of investigation that shall notify the federal bureau of
investigation, the secretary of corrections and any other criminal justice
agency that may have a record of the arrest, conviction or diversion. If
the case was appealed from municipal court, the clerk of the district
court shall send a certified copy of the order of expungement to the
municipal court. The municipal court shall order the case expunged
once the certified copy of the order of expungement is received. After
the order of expungement is entered, the petitioner shall be treated as
not having been arrested, convicted or diverted of the crime, except
that:
(1) Upon conviction for any subsequent crime, the conviction that
was expunged may be considered as a prior conviction in determining
the sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or
diversion occurred if asked about previous arrests, convictions or
diversions:
(A) In any application for licensure as a private detective, private
detective agency, certification as a firearms trainer pursuant to K.S.A.
75-7b21, and amendments thereto, or employment as a detective with a
private detective agency, as defined by K.S.A. 75-7b01, and
amendments thereto; as security personnel with a private patrol
operator, as defined by K.S.A. 75-7b01, and amendments thereto; or
with an institution, as defined in K.S.A. 76-12a01, and amendments
thereto, of the Kansas department for aging and disability services;
HOUSE BILL No. 2393—page 11
(B) in any application for admission, or for an order of
reinstatement, to the practice of law in this state;
(C) to aid in determining the petitioner's qualifications for
employment with the Kansas lottery or for work in sensitive areas
within the Kansas lottery as deemed appropriate by the executive
director of the Kansas lottery;
(D) to aid in determining the petitioner's qualifications for
executive director of the Kansas racing and gaming commission, for
employment with the commission or for work in sensitive areas in
parimutuel racing as deemed appropriate by the executive director of
the commission, or to aid in determining qualifications for licensure or
renewal of licensure by the commission;
(E) to aid in determining the petitioner's qualifications for the
following under the Kansas expanded lottery act: (i) Lottery gaming
facility manager or prospective manager, racetrack gaming facility
manager or prospective manager, licensee or certificate holder; or (ii)
an officer, director, employee, owner, agent or contractor thereof;
(F) upon application for a commercial driver's license under
K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
(G) to aid in determining the petitioner's qualifications to be an
employee of the state gaming agency;
(H) to aid in determining the petitioner's qualifications to be an
employee of a tribal gaming commission or to hold a license issued
pursuant to a tribal-state gaming compact;
(I) in any application for registration as a broker-dealer, agent,
investment adviser or investment adviser representative all as defined
in K.S.A. 17-12a102, and amendments thereto;
(J) in any application for employment as a law enforcement officer
as defined in K.S.A. 22-2202 or 74-5602, and amendments thereto; or
(K) to aid in determining the petitioner's qualifications for a
license to act as a bail enforcement agent pursuant to K.S.A. 75-7e01
through 75-7e09, and amendments thereto, and K.S.A. 2024 Supp. 50-
6,141, and amendments thereto;
(3) the court, in the order of expungement, may specify other
circumstances under which the conviction is to be disclosed;
(4) the conviction may be disclosed in a subsequent prosecution
for an offense that requires as an element of such offense a prior
conviction of the type expunged; and
(5) upon commitment to the custody of the secretary of
corrections, any previously expunged record in the possession of the
secretary of corrections may be reinstated and the expungement
disregarded, and the record continued for the purpose of the new
commitment.
(j) Whenever a person is convicted of a crime, pleads guilty and
pays a fine for a crime, is placed on parole, postrelease supervision or
probation, is assigned to a community correctional services program, is
granted a suspended sentence or is released on conditional release, the
person shall be informed of the ability to expunge the arrest records or
conviction. Whenever a person enters into a diversion agreement, the
person shall be informed of the ability to expunge the diversion.
(k) (1) Subject to the disclosures required pursuant to subsection
(i), in any application for employment, license or other civil right or
privilege, or any appearance as a witness, a person whose arrest
records, conviction or diversion of a crime has been expunged under
this statute may state that such person has never been arrested,
convicted or diverted of such crime.
(2) A person whose arrest record, conviction or diversion of a
crime that resulted in such person being prohibited by state or federal
law from possessing a firearm has been expunged under this statute
shall be deemed to have had such person's right to keep and bear arms
fully restored. This restoration of rights shall include, but not be limited
to, the right to use, transport, receive, purchase, transfer and possess
firearms. The provisions of this paragraph shall apply to all orders of
expungement, including any orders issued prior to July 1, 2021.
HOUSE BILL No. 2393—page 12
(l) Whenever the record of any arrest, conviction or diversion has
been expunged under the provisions of this section or under the
provisions of any other existing or former statute, the custodian of the
records of arrest, conviction, diversion and incarceration relating to that
crime shall not disclose the existence of such records, except when
requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the
request is accompanied by a statement that the request is being made in
conjunction with an application for employment with such agency or
operator by the person whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the
person whose record has been expunged;
(4) the secretary for aging and disability services, or a designee of
the secretary, for the purpose of obtaining information relating to
employment in an institution, as defined in K.S.A. 76-12a01, and
amendments thereto, of the Kansas department for aging and disability
services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of
the expungement order;
(6) a prosecutor, and such request is accompanied by a statement
that the request is being made in conjunction with a prosecution of an
offense that requires a prior conviction as one of the elements of such
offense;
(7) the supreme court, the clerk or disciplinary administrator
thereof, the state board for admission of attorneys or the state board for
discipline of attorneys, and the request is accompanied by a statement
that the request is being made in conjunction with an application for
admission, or for an order of reinstatement, to the practice of law in this
state by the person whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications for employment with the Kansas lottery or for work in
sensitive areas within the Kansas lottery as deemed appropriate by the
executive director of the Kansas lottery;
(9) the governor or the Kansas racing and gaming commission, or
a designee of the commission, and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications for executive director of the commission, for
employment with the commission, for work in sensitive areas in
parimutuel racing as deemed appropriate by the executive director of
the commission or for licensure, renewal of licensure or continued
licensure by the commission;
(10) the Kansas racing and gaming commission, or a designee of
the commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications of the
following under the Kansas expanded lottery act: (A) Lottery gaming
facility managers and prospective managers, racetrack gaming facility
managers and prospective managers, licensees and certificate holders;
and (B) their officers, directors, employees, owners, agents and
contractors;
(11) the Kansas sentencing commission;
(12) the state gaming agency, and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications: (A) To be an employee of the state gaming agency; or
(B) to be an employee of a tribal gaming commission or to hold a
license issued pursuant to a tribal-gaming compact;
(13) the Kansas securities commissioner or a designee of the
commissioner, and the request is accompanied by a statement that the
request is being made in conjunction with an application for
registration as a broker-dealer, agent, investment adviser or investment
adviser representative by such agency and the application was
submitted by the person whose record has been expunged;
(14) the Kansas commission on peace officers' standards and
HOUSE BILL No. 2393—page 13
training and the request is accompanied by a statement that the request
is being made to aid in determining certification eligibility as a law
enforcement officer pursuant to K.S.A. 74-5601 et seq., and
amendments thereto;
(15) a law enforcement agency and the request is accompanied by
a statement that the request is being made to aid in determining
eligibility for employment as a law enforcement officer as defined by
K.S.A. 22-2202, and amendments thereto;
(16) (A) the attorney general and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications for a license to act as a bail enforcement agent pursuant
to K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and
K.S.A. 2024 Supp. 50-6,141, and amendments thereto; or
(B) the attorney general for any other purpose authorized by law,
except that an expungement record shall not be the basis for denial of a
license to carry a concealed handgun under the personal and family
protection act; or
(17) the Kansas bureau of investigation, for the purpose of
completing a person's criminal history record information within the
central repository, in accordance with K.S.A. 22-4701 et seq., and
amendments thereto.
(m) (1) The provisions of subsection (l)(17) shall apply to records
created prior to, on and after July 1, 2011.
(2) Upon the issuance of an order of expungement that resulted in
the restoration of a person's right to keep and bear arms, the Kansas
bureau of investigation shall report to the federal bureau of
investigation that such expunged record be withdrawn from the national
instant criminal background check system. The Kansas bureau of
investigation shall include such order of expungement in the person's
criminal history record for purposes of documenting the restoration of
such person's right to keep and bear arms.
Sec. 5. K.S.A. 22-2410 is hereby amended to read as follows: 22-
2410. (a) (1) Any person who has been arrested in this state may
petition the district court for the expungement of such arrest record.
(2) (A) If a person has been arrested in this state as a result of
mistaken identity or as a result of another person using the identifying
information of the named person, and the charge against the named
person is dismissed or not prosecuted, the prosecuting attorney or other
judicial officer who ordered the dismissal or declined to prosecute shall
provide notice to the court of such action and petition the district court
for the expungement of such arrest record, and the court shall order the
arrest record and subsequent court proceedings, if any, expunged and
purged from all applicable state and federal systems pursuant to
subsection (d).
(B) For purposes of this section, the term "mistaken identity"
means the erroneous arrest of a person for a crime as a result of
misidentification by a witness or law enforcement, confusion on the
part of a witness or law enforcement as to the identity of the person
who committed the crime, misinformation provided to law enforcement
as to the identity of the person who committed the crime or some other
mistake on the part of a witness or law enforcement as to the identity of
the person who committed the crime. "Mistaken identity" shall not
include any situation in which an arrestee intentionally provides false
information to law enforcement officials in an attempt to conceal such
person's identity.
(b) (1) When a petition for expungement is filed pursuant to
subsection (a)(1), the court shall set a date for hearing on such petition
and shall cause notice of such hearing to be given to the prosecuting
attorney and the arresting law enforcement agency. Any person who
may have relevant information about the petitioner may testify at the
hearing. The court may inquire into the background of the petitioner.
(2) When a petition for expungement is filed pursuant to
subsection (a)(1) or (a)(2), the official court file shall be separated from
the other records of the court, and shall be disclosed only to a judge of
HOUSE BILL No. 2393—page 14
the court and members of the staff of the court designated by a judge of
the district court, the prosecuting attorney, the arresting law
enforcement agency, or any other person when authorized by a court
order, subject to any conditions imposed by the order.
(3) (A) Except as otherwise provided by law, a petition for
expungement pursuant to subsection (a)(1) shall be accompanied by a
docket fee in the amount of $176. Except as provided further, the
docket fee established in this section shall be the only fee collected or
moneys in the nature of a fee collected for the docket fee. Such fee
shall only be established by an act of the legislature and no other
authority is established by law or otherwise to collect a fee. On and
after July 1, 2019 2026, through June 30, 2025 2030, the supreme court
may impose an additional charge, not to exceed $19 per docket fee, to
fund the costs of non-judicial personnel.
(B) No surcharge or fee shall be imposed to any person filing a
petition pursuant to subsection (a)(1) , who was arrested as a result of
being a victim of identity theft under K.S.A. 21-4018, prior to its
repeal, or K.S.A. 21-6107(a), and amendments thereto, or who has had
criminal charges dismissed because a court has found that there was no
probable cause for the arrest, the petitioner was found not guilty in
court proceedings or the charges have been dismissed.
(4) The petition filed pursuant to subsection (a)(1) or (a)(2) shall
state:
(A) The petitioner's full name;
(B) the full name of the petitioner at the time of arrest, if different
than the petitioner's current name;
(C) the petitioner's sex, race and date of birth;
(D) the crime for which the petitioner was arrested;
(E) the date of the petitioner's arrest; and
(F) the identity of the arresting law enforcement agency.
(c) At the hearing on a petition for expungement pursuant to
subsection (a)(1), the court shall order the arrest record and subsequent
court proceedings, if any, expunged upon finding:
(1) The arrest occurred because of mistaken identity;
(2) a court has found that there was no probable cause for the
arrest;
(3) the petitioner was found not guilty in court proceedings; or
(4) the expungement would be in the best interests of justice and:
(A) Charges have been dismissed; or (B) no charges have been or are
likely to be filed.
(d) (1) When the court has ordered expungement of an arrest
record and subsequent court proceedings, if any, on a petition for
expungement pursuant to subsection (a)(1), the order shall state the
information required to be stated in the petition and shall state the
grounds for expungement under subsection (c). The clerk of the court
shall send a certified copy of the order to the Kansas bureau of
investigation which shall notify the federal bureau of investigation, the
secretary of corrections and any other criminal justice agency which
may have a record of the arrest. If the case was appealed from
municipal court, the clerk of the district court shall send a certified
copy of the order of expungement to the municipal court. The
municipal court shall order the case expunged once the certified copy
of the order of expungement is received. If an order of expungement is
entered, the petitioner pursuant to subsection (a)(1) shall be treated as
not having been arrested.
(2) When the court has ordered expungement of arrest records on
a petition for expungement pursuant to subsection (a)(2), the order shall
state the information required to be stated in the petition and shall state
the grounds for expungement under subsection (a)(2). The order shall
also direct the Kansas bureau of investigation to purge the arrest
information from the criminal justice information system central
repository and all applicable state and federal databases. The clerk of
the court shall send a certified copy of the order to the Kansas bureau
of investigation, which shall carry out the order and shall notify the
HOUSE BILL No. 2393—page 15
federal bureau of investigation, the secretary of corrections and any
other criminal justice agency that may have a record of the arrest. If an
order of expungement is entered, the person eligible for mandatory
expungement pursuant to subsection (a)(2) shall be treated as not
having been arrested.
(e) If the ground for expungement is as provided in subsection (c)
(4), the court shall determine whether, in the interests of public welfare,
the records should be available for any of the following purposes:
(1) In any application for employment as a detective with a private
detective agency, as defined in K.S.A. 75-7b01, and amendments
thereto; as security personnel with a private patrol operator, as defined
by K.S.A. 75-7b01, and amendments thereto; or with an institution, as
defined in K.S.A. 76-12a01, and amendments thereto, of the Kansas
department for aging and disability services;
(2) in any application for admission, or for an order of
reinstatement, to the practice of law in this state;
(3) to aid in determining the petitioner's qualifications for
employment with the Kansas lottery or for work in sensitive areas
within the Kansas lottery as deemed appropriate by the executive
director of the Kansas lottery;
(4) to aid in determining the petitioner's qualifications for
executive director of the Kansas racing commission, for employment
with the commission or for work in sensitive areas in parimutuel racing
as deemed appropriate by the executive director of the commission, or
to aid in determining qualifications for licensure or renewal of licensure
by the commission;
(5) in any application for a commercial driver's license under
K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
(6) to aid in determining the petitioner's qualifications to be an
employee of the state gaming agency;
(7) to aid in determining the petitioner's qualifications to be an
employee of a tribal gaming commission or to hold a license issued
pursuant to a tribal-state gaming compact; or
(8) in any other circumstances which the court deems appropriate.
(f) The court shall make all expunged records and related
information in such court's possession, created prior to, on and after
July 1, 2011, available to the Kansas bureau of investigation for the
purposes of:
(1) Completing a person's criminal history record information
within the central repository in accordance with K.S.A. 22-4701 et seq.,
and amendments thereto; or
(2) providing information or documentation to the federal bureau
of investigation, in connection with the national instant criminal
background check system, to determine a person's qualification to
possess a firearm.
(g) Subject to any disclosures required under subsection (e), in any
application for employment, license or other civil right or privilege, or
any appearance as a witness, a person whose arrest records have been
expunged as provided in this section may state that such person has
never been arrested.
(h) Whenever a person's arrest records have been expunged as
provided in this section, the custodian of the records of arrest,
incarceration due to arrest or court proceedings related to the arrest,
shall not disclose the arrest or any information related to the arrest,
except as directed by the order of expungement or when requested by
the person whose arrest record was expunged.
(i) The docket fee collected at the time the petition for
expungement is filed pursuant to subsection (a)(1) shall be disbursed in
accordance with K.S.A. 20-362, and amendments thereto.
Sec. 6. K.S.A. 23-2510 is hereby amended to read as follows: 23-
2510. (a) The judge or clerk of the district court shall collect from the
applicant for a marriage license a fee of $59.
(b) The clerk of the court shall remit all fees prescribed by this
section to the state treasurer in accordance with the provisions of
HOUSE BILL No. 2393—page 16
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury. Of each remittance, the state treasurer shall credit
38.98% to the protection from abuse fund, 15.19% to the family and
children trust account of the family and children investment fund
created by K.S.A. 38-1808, and amendments thereto, 16.95% to the
crime victims assistance fund created by K.S.A. 74-7334, and
amendments thereto, and the remainder to the state general fund.
(c) Except as provided further, the marriage license fee established
in this section shall be the only fee collected or moneys in the nature of
a fee collected for a marriage license. Such fee shall only be established
by an act of the legislature and no other authority is established by law
or otherwise to collect a fee. On and after July 1, 2019 2026, through
June 30, 2025 2030 , the supreme court may impose an additional
charge, not to exceed $26.50 per marriage license fee, to fund the costs
of non-judicial personnel.
Sec. 7. K.S.A. 28-170 is hereby amended to read as follows: 28-
170. (a) The docket fee prescribed by K.S.A. 60-2001, and amendments
thereto, and the fees for service of process, shall be the only costs
assessed for services of the clerk of the district court and the sheriff in
any case filed under chapter 60 or chapter 61 of the Kansas Statutes
Annotated, and amendments thereto, except that no fee shall be charged
for an action filed under K.S.A. 60-3101 et seq ., and under K.S.A. 60-
31a01 et seq., and amendments thereto. For services in other matters in
which no other fee is prescribed by statute, the following fees shall be
charged and collected by the clerk. Only one fee shall be charged for
each bond, lien or judgment:
1. For filing, entering and releasing a bond, mechanic's lien, notice of
intent to perform, personal property tax judgment or any judgment
on which execution process cannot be issued ............................... $14
2. For filing, entering and releasing a judgment of a court of this state
on which execution or other process can be issued ...................... $24
3. For a certificate, or for copying or certifying any paper or writ, such
fee as shall be prescribed by the district court.
(b) The fees for entries, certificates and other papers required in
naturalization cases shall be those prescribed by the federal government
and, when collected, shall be disbursed as prescribed by the federal
government. The clerk of the court shall remit to the state treasurer at
least monthly all moneys received from fees prescribed by subsection
(a) or (b) or received for any services performed which may be required
by law. The state treasurer shall deposit the remittance in the state
treasury and credit the entire amount to the state general fund.
(c) In actions pursuant to the revised Kansas code for care of
children, K.S.A. 38-2201 et seq ., and amendments thereto, the revised
Kansas juvenile justice code, K.S.A. 38-2301 et seq ., and amendments
thereto, the act for treatment of alcoholism, K.S.A. 65-4001 et seq ., and
amendments thereto, the act for treatment of drug abuse, K.S.A. 65-
5201 et seq., and amendments thereto, or the care and treatment act for
mentally ill persons, K.S.A. 59-2945 et seq., and amendments thereto,
the clerk shall charge an additional fee of $1 which shall be deducted
from the docket fee and credited to the prosecuting attorneys' training
fund as provided in K.S.A. 28-170a, and amendments thereto.
(d) Except as provided further, the bond, lien or judgment fee
established in subsection (a) shall be the only fee collected or moneys
in the nature of a fee collected for such bond, lien or judgment. Such
fee shall only be established by an act of the legislature and no other
authority is established by law or otherwise to collect a fee. On and
after July 1, 2019 2026, through June 30, 2025 2030, the supreme court
may impose an additional charge, not to exceed $22 per bond, lien or
judgment fee, to fund the costs of non-judicial personnel.
Sec. 8. K.S.A. 28-172a is hereby amended to read as follows: 28-
172a. (a) Except as otherwise provided in this section, whenever the
prosecuting witness or defendant is adjudged to pay the costs in a
criminal proceeding in any county, a docket fee shall be taxed as
HOUSE BILL No. 2393—page 17
follows:
Murder or manslaughter.............................................................. $180.50
Other felony................................................................................... 171.00
Misdemeanor................................................................................. 136.00
Forfeited recognizance.................................................................... 72.50
Appeals from other courts............................................................... 72.50
(b) (1) Except as provided in paragraph (2), in actions involving
the violation of any of the laws of this state regulating traffic on
highways, including those listed in K.S.A. 8-2118(c), and amendments
thereto, a cigarette or tobacco infraction, any act declared a crime
pursuant to the statutes contained in chapter 32 of the Kansas Statutes
Annotated, and amendments thereto, or any act declared a crime
pursuant to the statutes contained in article 8 of chapter 82a of the
Kansas Statutes Annotated, and amendments thereto, whenever the
prosecuting witness or defendant is adjudged to pay the costs in the
action, a docket fee of $86 shall be charged. When an action is disposed
of under K.S.A. 8-2118(a) and (b), or K.S.A. 79-3393(f), and
amendments thereto, the docket fee to be paid as court costs shall be
$86.
(2) In actions involving the violation of a moving traffic violation
under K.S.A. 8-2118, and amendments thereto, as defined by rules and
regulations adopted under K.S.A. 8-249, and amendments thereto,
whenever the prosecuting witness or defendant is adjudged to pay the
costs in the action, a docket fee of $86 shall be charged. When an
action is disposed of under K.S.A. 8-2118(a) and (b), and amendments
thereto, the docket fee to be paid as court costs shall be $86.
(c) If a conviction is on more than one count, the docket fee shall
be the highest one applicable to any one of the counts. The prosecuting
witness or defendant, if assessed the costs, shall pay only one fee.
Multiple defendants shall each pay one fee.
(d) Statutory charges made pursuant to the provisions of K.S.A.
20-362, and amendments thereto, shall be paid from the docket fee; the
family violence and child abuse and neglect assistance and prevention
fund fee shall be paid from criminal proceedings docket fees. All other
fees and expenses to be assessed as additional court costs shall be
approved by the court, unless specifically fixed by statute. Additional
fees shall include, but are not limited to, fees for Kansas bureau of
investigation forensic or laboratory analyses, fees for detention facility
processing pursuant to K.S.A. 12-16,119, and amendments thereto, fees
for the sexual assault evidence collection kit, fees for conducting an
examination of a sexual assault victim, fees for service of process
outside the state, witness fees, fees for transcripts and depositions, costs
from other courts, doctors' fees and examination and evaluation fees.
No sheriff in this state shall charge any district court of this state a fee
or mileage for serving any paper or process.
(e) In each case charging a violation of the laws relating to parking
of motor vehicles on the statehouse grounds or other state-owned or
operated property in Shawnee county, Kansas, as specified in K.S.A.
75-4510a, and amendments thereto, or as specified in K.S.A. 75-4508,
and amendments thereto, the clerk shall tax a fee of $2 which shall
constitute the entire costs in the case, except that witness fees, mileage
and expenses incurred in serving a warrant shall be in addition to the
fee. Appearance bond for a parking violation of K.S.A. 75-4508 or 75-
4510a, and amendments thereto, shall be $3, unless a warrant is issued.
The judge may order the bond forfeited upon the defendant's failure to
appear, and $2 of any bond so forfeited shall be regarded as court costs.
(f) Except as provided further, the docket fee established in this
section shall be the only fee collected or moneys in the nature of a fee
collected for the docket fee. Such fee shall only be established by an act
of the legislature and no other authority is established by law or
otherwise to collect a fee. On and after July 1, 2019 2026, through June
30, 2025 2030, the supreme court may impose an additional charge, not
to exceed $22 per docket fee, to fund the costs of non-judicial
personnel.
HOUSE BILL No. 2393—page 18
Sec. 9. K.S.A. 2025 Supp. 28-177 is hereby amended to read as
follows: 28-177. (a) Except as provided in this section and K.S.A. 28-
178, and amendments thereto, the fees established by legislative
enactment shall be the only fee collected or moneys in the nature of a
fee collected for court procedures. Such fee shall only be established by
an act of the legislature and no other authority is established by law or
otherwise to collect a fee. Court procedures shall include docket fees,
filing fees or other fees related to access to court procedures. On and
after July 1, 2019 2026, through June 30, 2025 2030, the supreme court
may impose an additional charge, not to exceed $26.50 per fee or the
amount established by the applicable statute, whichever amount is less,
to fund the costs of non-judicial personnel.
(b) Such additional charge imposed by the court pursuant to
K.S.A. 8-2107, 8-2110, 20-3021, 21-6614, 22-2410, 23-2510, 28-170,
28-172a, 28- 178, 28-179, 32-1049a, 38-2215, 38-2312, 38-2314, 59-
104, 60-729, 60- 2001, 60-2203a, 61-2704, 61-4001 and 65-409 and
K.S.A. 21-6614 and 23-2510, and amendments thereto, shall be
remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the state general fund.
(c) There is hereby established in the state treasury the judicial
branch docket fee fund which shall be administered by the chief justice
at the Kansas supreme court. Moneys credited to the judicial branch
docket fee fund shall not be expended for compensation of judges or
justices of the judicial branch.
(d) All expenditures from the judicial branch docket fee fund shall
be made in accordance with appropriation acts and upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the chief justice of the Kansas supreme court or by a person or
persons designated by the chief justice.
Sec. 10. K.S.A. 2025 Supp. 28-178 is hereby amended to read as
follows: 28-178. (a) In addition to any other fees specifically prescribed
by law, on and after July 1, 2019 2026, through June 30, 2025 2030, the
supreme court may impose a charge, not to exceed $12.50 per fee, to
fund the costs of non-judicial personnel, on the following:
(1) A person who requests an order or writ of execution pursuant
to K.S.A. 60-2401 or 61-3602, and amendments thereto.
(2) Persons who request a hearing in aid of execution pursuant to
K.S.A. 60-2419, and amendments thereto.
(3) A person requesting an order for garnishment pursuant to
article 7 of chapter 60 of the Kansas Statutes Annotated, and
amendments thereto, or article 35 of chapter 61 of the Kansas Statutes
Annotated, and amendments thereto.
(4) Persons who request a writ or order of sale pursuant to K.S.A.
60-2401 or 61-3602, and amendments thereto.
(5) A person who requests a hearing in aid of execution pursuant
to K.S.A. 61-3604, and amendments thereto.
(6) A person who requests an attachment against the property of a
defendant or any one or more of several defendants pursuant to K.S.A.
60-701 or 61-3501, and amendments thereto.
(b) The clerk of the district court shall remit all revenues received
from the fees imposed pursuant to subsection (a) to the state treasurer,
in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the state
general fund.
(c) The fees established in this section shall be the only fee
collected or moneys in the nature of a fee collected for such court
procedures. Such fee shall only be established by an act of the
legislature and no other authority is established by law or otherwise to
collect a fee.
Sec. 11. K.S.A. 28-179 is hereby amended to read as follows: 28-
179. (a) No post-decree motion petitioning for a modification or
HOUSE BILL No. 2393—page 19
termination of separate maintenance, for a change in legal custody,
residency, visitation rights or parenting time or for a modification of
child support shall be filed or docketed in the district court without
payment of a docket fee in the amount of $40 to the clerk of the district
court.
(b) A poverty affidavit may be filed in lieu of a docket fee as
established in K.S.A. 60-2001, and amendments thereto.
(c) The docket fee shall be the only costs assessed in each case for
services of the clerk of the district court and the sheriff. The docket fee
shall be disbursed in accordance with K.S.A. 20-362, and amendments
thereto.
(d) Except as provided further, the docket fee established in this
section shall be the only fee collected or moneys in the nature of a fee
collected for the docket fee. Such fee shall only be established by an act
of the legislature and no other authority is established by law or
otherwise to collect a fee. On and after July 1, 2019 2026, through June
30, 2025 2030, the supreme court may impose an additional charge, not
to exceed $22 per docket fee, to fund the costs of non-judicial
personnel.
Sec. 12. K.S.A. 2025 Supp. 32-1049a is hereby amended to read
as follows: 32-1049a. (a) (1) Failure to comply with a wildlife and
parks citation means failure to:
(A) Appear before any district court in response to a wildlife and
parks citation and pay in full any fine, court costs, assessments or fees
imposed;
(B) fully pay or satisfy all fines, court costs, assessments or fees
imposed as a part of the sentence of any district court for violation of
the wildlife and parks laws of this state; or
(C) otherwise comply with a wildlife and parks citation as
provided in K.S.A. 32-1049, and amendments thereto.
(2) Failure to comply with a wildlife and parks citation is a class C
nonperson misdemeanor, regardless of the disposition of the charge for
which such citation, complaint or charge was originally issued.
(b) The term "citation" means any complaint, summons, notice to
appear, ticket, warrant, penalty assessment or other official document
issued for the prosecution of the wildlife and parks laws or rules and
regulations of this state.
(c) In addition to penalties of law applicable under subsection (a)
when a person fails to comply with a wildlife and parks citation or
sentence for a violation of wildlife and parks laws or rules and
regulations, the district court in which the person should have complied
shall mail a notice to the person that if the person does not appear in the
district court or pay all fines, court costs, assessments or fees, and any
penalties imposed within 30 days from the date of mailing, the Kansas
department of wildlife and parks shall be notified to forfeit or suspend
any license, permit, stamp or other issue of the department. Upon
receipt of a report of a failure to comply with a wildlife and parks
citation under this section, and amendments thereto, the department
shall notify the violator and suspend or forfeit the license, permit,
stamp or other issue of the department held by the violator until
satisfactory evidence of compliance with the wildlife and parks citation
or sentence of the district court for violation of the wildlife and parks
laws or rules and regulations of this state are furnished to the informing
court. Upon receipt of notification of such compliance from the
informing court, the department shall terminate the suspension action,
unless the violator is otherwise suspended.
(d) Except as provided in subsection (e), when the district court
notifies the department of a failure to comply with a wildlife and parks
citation or failure to comply with a sentence of the district court
imposed on violation of a wildlife and parks law or rule and regulation,
the court shall assess a reinstatement fee of $50 for each charge or
sentence on which the person failed to make satisfaction, regardless of
the disposition of the charge for which such citation was originally
issued. Such reinstatement fee shall be in addition to any fine, court
HOUSE BILL No. 2393—page 20
costs and other assessments, fees or penalties. The court shall remit all
reinstatement fees to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
of each remittance, the state treasurer shall deposit the entire amount in
the state treasury and shall credit such moneys to the state general fund.
(e) The district court shall waive the reinstatement fee provided
for in subsection (d), if the failure to comply with a wildlife and parks
citation was the result of such person enlisting in or being drafted into
the armed services of the United States of America, being called into
service as a member of a reserve component of the military service of
the United States of America, or volunteering for such active duty or
being called into service as a member of the Kansas national guard or
volunteering for such active duty and being absent from Kansas
because of such military service. The state treasurer and the director of
accounts and reports shall prescribe procedures for all such
reimbursement payments and shall create appropriate accounts, make
appropriate accounting entries and issue such appropriate vouchers and
warrants as may be required to make such reimbursement payments.
(f) Except as provided further, the reinstatement fee established in
subsection (d) shall be the only fee collected or moneys in the nature of
a fee collected for such reinstatement. Such fee shall only be
established by an act of the legislature and no other authority is
established by law or otherwise to collect a fee. On and after July 1,
2019 2026, through June 30, 2025 2030, the supreme court may impose
an additional charge, not to exceed $22 per reinstatement fee, to fund
the costs of non-judicial personnel.
Sec. 13. K.S.A. 38-2215 is hereby amended to read as follows: 38-
2215. (a) Docket fee. The docket fee for proceedings under this code, if
one is assessed as provided in this section, shall be $34. Only one
docket fee shall be assessed in each case. Except as provided further,
the docket fee established in this section shall be the only fee collected
or moneys in the nature of a fee collected for the docket fee. Such fee
shall only be established by an act of the legislature and no other
authority is established by law or otherwise to collect a fee. On and
after July 1, 2019 2026, through June 30, 2025 2030, the supreme court
may impose an additional charge, not to exceed $22 per docket fee, to
fund the costs of non-judicial personnel.
(b) Expenses. The expenses for proceedings under this code,
including fees and mileage allowed witnesses and fees and expenses
approved by the court for appointed attorneys, shall be paid by the
board of county commissioners from the general fund of the county.
(c) Assessment of docket fee and expenses. (1) Docket fee. The
docket fee may be assessed or waived by the court conducting the
initial dispositional hearing and the docket fee may be assessed against
the complaining witness or person initiating the proceedings or a party
or interested party other than the state, a political subdivision of the
state, an agency of the state or of a political subdivision of the state, or
a person acting in the capacity of an employee of the state or of a
political subdivision of the state. Any docket fee received shall be
remitted to the state treasurer pursuant to K.S.A. 20-362, and
amendments thereto.
(2) Expenses. Expenses may be assessed against the complaining
witness, a person initiating the proceedings, a party or an interested
party, other than the state, a political subdivision of the state, an agency
of the state or of a political subdivision of the state or a person acting in
the capacity of an employee of the state or of a political subdivision of
the state. When expenses are recovered from a person against whom
they have been assessed the general fund of the county shall be
reimbursed in the amount of the recovery. If it appears to the court in
any proceedings under this code that expenses were unreasonably
incurred at the request of any party the court may assess that portion of
the expenses against the party.
(d) Cases in which venue is transferred. If venue is transferred
from one county to another, the court from which the case is transferred
HOUSE BILL No. 2393—page 21
shall send to the receiving court a statement of expenses paid from the
general fund of the sending county. If the receiving court collects any
of the expenses owed in the case, the receiving court shall pay to the
sending court an amount proportional to the sending court's share of the
total expenses owed to both counties. The expenses of the sending
county shall not be an obligation of the receiving county except to the
extent that the sending county's proportion of the expenses is collected
by the receiving court. All amounts collected shall first be applied
toward payment of the docket fee.
Sec. 14. K.S.A. 38-2312 is hereby amended to read as follows: 38-
2312. (a) Except as provided in subsections (b) and (c), any records or
files specified in this code concerning a juvenile may be expunged
upon application to a judge of the court of the county in which the
records or files are maintained. The application for expungement may
be made by the juvenile, if 18 years of age or older or, if the juvenile is
less than 18 years of age, by the juvenile's parent or next friend.
(b) There shall be no expungement of records or files concerning
acts committed by a juvenile which, if committed by an adult, would
constitute a violation of K.S.A. 21-3401, prior to its repeal, or K.S.A.
21-5402, and amendments thereto, murder in the first degree; K.S.A.
21-3402, prior to its repeal, or K.S.A. 21-5403, and amendments
thereto, murder in the second degree; K.S.A. 21-3403, prior to its
repeal, or K.S.A. 21-5404, and amendments thereto, voluntary
manslaughter; K.S.A. 21-3404, prior to its repeal, or K.S.A. 21-5405,
and amendments thereto, involuntary manslaughter; K.S.A. 21-3439,
prior to its repeal, or K.S.A. 21-5401, and amendments thereto, capital
murder; K.S.A. 21-3442, prior to its repeal, or K.S.A. 21-5405(a)(3) or
(a)(5), and amendments thereto, involuntary manslaughter while
driving under the influence of alcohol or drugs; K.S.A. 21-3502, prior
to its repeal, or K.S.A. 21-5503, and amendments thereto, rape; K.S.A.
21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments
thereto, indecent liberties with a child; K.S.A. 21-3504, prior to its
repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated
indecent liberties with a child; K.S.A. 21-3506, prior to its repeal, or
K.S.A. 21-5504(b), and amendments thereto, aggravated criminal
sodomy; K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and
amendments thereto, indecent solicitation of a child; K.S.A. 21-3511,
prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto,
aggravated indecent solicitation of a child; K.S.A. 21-3516, prior to its
repeal, or K.S.A. 21-5510, and amendments thereto, sexual exploitation
of a child; K.S.A. 21-5514(a), and amendments thereto, internet trading
in child pornography; K.S.A. 21-5514(b), and amendments thereto,
aggravated internet trading in child pornography; K.S.A. 21-3603, prior
to its repeal, or K.S.A. 21-5604(b), and amendments thereto,
aggravated incest; K.S.A. 21-3608, prior to its repeal, or K.S.A. 21-
5601(a), and amendments thereto, endangering a child; K.S.A. 21-
3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto,
abuse of a child; or which would constitute an attempt to commit a
violation of any of the offenses specified in this subsection.
(c) Notwithstanding any other law to the contrary, for any offender
who is required to register as provided in the Kansas offender
registration act, K.S.A. 22-4901 et seq ., and amendments thereto, there
shall be no expungement of any conviction or any part of the offender's
criminal record while the offender is required to register as provided in
the Kansas offender registration act.
(d) When a petition for expungement is filed, the court shall set a
date for a hearing on the petition and shall give notice thereof to the
county or district attorney. The petition shall state: (1) The juvenile's
full name; (2) the full name of the juvenile as reflected in the court
record, if different than (1); (3) the juvenile's sex and date of birth; (4)
the offense for which the juvenile was adjudicated; (5) the date of the
trial; and (6) the identity of the trial court. Except as otherwise provided
by law, a petition for expungement shall be accompanied by a docket
fee in the amount of $176. On and after July 1, 2019 2026 , through
HOUSE BILL No. 2393—page 22
June 30, 2025 2030 , the supreme court may impose a charge, not to
exceed $19 per case, to fund the costs of non-judicial personnel. All
petitions for expungement shall be docketed in the original action. Any
person who may have relevant information about the petitioner may
testify at the hearing. The court may inquire into the background of the
petitioner.
(e) (1) After hearing, the court shall order the expungement of the
records and files if the court finds that:
(A) (i) The juvenile has reached 23 years of age or that two years
have elapsed since the final discharge;
(ii) one year has elapsed since the final discharge for an
adjudication concerning acts committed by a juvenile which, if
committed by an adult, would constitute a violation of K.S.A. 21-6419,
and amendments thereto; or
(iii) the juvenile is a victim of human trafficking, aggravated
human trafficking or commercial sexual exploitation of a child, the
adjudication concerned acts committed by the juvenile as a result of
such victimization, including, but not limited to, acts which, if
committed by an adult, would constitute a violation of K.S.A. 21-6203
or 21-6419, and amendments thereto, and the hearing on expungement
occurred on or after the date of final discharge. The provisions of this
clause shall not allow an expungement of records or files concerning
acts described in subsection (b);
(B) since the final discharge of the juvenile, the juvenile has not
been convicted of a felony or of a misdemeanor other than a traffic
offense or adjudicated as a juvenile offender under the revised Kansas
juvenile justice code and no proceedings are pending seeking such a
conviction or adjudication; and
(C) the circumstances and behavior of the petitioner warrant
expungement.
(2) The court may require that all court costs, fees and restitution
shall be paid.
(f) Upon entry of an order expunging records or files, the offense
which the records or files concern shall be treated as if it never
occurred, except that upon conviction of a crime or adjudication in a
subsequent action under this code the offense may be considered in
determining the sentence to be imposed. The petitioner, the court and
all law enforcement officers and other public offices and agencies shall
properly reply on inquiry that no record or file exists with respect to the
juvenile. Inspection of the expunged files or records thereafter may be
permitted by order of the court upon petition by the person who is the
subject thereof. The inspection shall be limited to inspection by the
person who is the subject of the files or records and the person's
designees.
(g) A certified copy of any order made pursuant to subsection (a)
or (d) shall be sent to the Kansas bureau of investigation, which shall
notify every juvenile or criminal justice agency which may possess
records or files ordered to be expunged. If the agency fails to comply
with the order within a reasonable time after its receipt, such agency
may be adjudged in contempt of court and punished accordingly.
(h) The court shall inform any juvenile who has been adjudicated
a juvenile offender of the provisions of this section.
(i) Nothing in this section shall be construed to prohibit the
maintenance of information relating to an offense after records or files
concerning the offense have been expunged if the information is kept in
a manner that does not enable identification of the juvenile.
(j) Nothing in this section shall be construed to permit or require
expungement of files or records related to a child support order
registered pursuant to the revised Kansas juvenile justice code.
(k) Whenever the records or files of any adjudication have been
expunged under the provisions of this section, the custodian of the
records or files of adjudication relating to that offense shall not disclose
the existence of such records or files, except when requested by:
(1) The person whose record was expunged;
HOUSE BILL No. 2393—page 23
(2) a private detective agency or a private patrol operator, and the
request is accompanied by a statement that the request is being made in
conjunction with an application for employment with such agency or
operator by the person whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the
person whose record has been expunged;
(4) the secretary for aging and disability services, or a designee of
the secretary, for the purpose of obtaining information relating to
employment in an institution, as defined in K.S.A. 76-12a01, and
amendments thereto, of the Kansas department for aging and disability
services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of
the expungement order;
(6) the Kansas lottery, and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications for employment with the Kansas lottery or for work in
sensitive areas within the Kansas lottery as deemed appropriate by the
executive director of the Kansas lottery;
(7) the governor or the Kansas racing commission, or a designee
of the commission, and the request is accompanied by a statement that
the request is being made to aid in determining qualifications for
executive director of the commission, for employment with the
commission, for work in sensitive areas in parimutuel racing as deemed
appropriate by the executive director of the commission or for
licensure, renewal of licensure or continued licensure by the
commission;
(8) the Kansas sentencing commission; or
(9) the Kansas bureau of investigation, for the purposes of:
(A) Completing a person's criminal history record information
within the central repository in accordance with K.S.A. 22-4701 et seq.,
and amendments thereto; or
(B) providing information or documentation to the federal bureau
of investigation, in connection with the national instant criminal
background check system, to determine a person's qualification to
possess a firearm.
(l) The provisions of subsection (k)(9) shall apply to all records
created prior to, on and after July 1, 2011.
Sec. 15. K.S.A. 38-2314 is hereby amended to read as follows: 38-
2314. (a) Docket fee. The docket fee for proceedings under this code, if
one is assessed as provided by this section, shall be $34. Only one
docket fee shall be assessed in each case. Except as provided further,
the docket fee established in this section shall be the only fee collected
or moneys in the nature of a fee collected for the docket fee. Such fee
shall only be established by an act of the legislature and no other
authority is established by law or otherwise to collect a fee. On and
after July 1, 2019 2026, through June 30, 2025 2030, the supreme court
may impose an additional charge, not to exceed $22 per docket fee, to
fund the costs of non-judicial personnel.
(b) Expenses. The expenses for proceedings under this code,
including fees and mileage allowed witnesses and fees and expenses
approved by the court for appointed attorneys, shall be paid by the
board of county commissioners from the general fund of the county.
(c) Assessment of docket fee and expenses. (1) Docket fee. The
docket fee may be assessed or waived by the court conducting the
initial sentencing hearing and may be assessed against the juvenile or
the parent of the juvenile. Any docket fee received shall be remitted to
the state treasurer pursuant to K.S.A. 20-362, and amendments thereto.
(2) Expenses. Expenses may be waived or assessed against the
juvenile or a parent of the juvenile. When expenses are recovered from
a party against whom they have been assessed the general fund of the
county shall be reimbursed in the amount of the recovery.
(3) Prohibited assessment. Docket fees or expenses shall not be
assessed against the state, a political subdivision of the state, an agency
of the state or of a political subdivision of the state or a person acting in
HOUSE BILL No. 2393—page 24
the capacity of an employee of the state or of a political subdivision of
the state.
(d) Cases in which venue is transferred. If venue is transferred
from one county to another, the court from which the case is transferred
shall send to the receiving court a statement of expenses paid from the
general fund of the sending county. If the receiving court collects any
of the expenses owed in the case, the receiving court shall pay to the
sending court an amount proportional to the sending court's share of the
total expenses owed to both counties. The expenses of the sending
county shall not be an obligation of the receiving county except to the
extent that the sending county's proportionate share of the expenses is
collected by the receiving court. Unless otherwise ordered by the court,
all amounts collected shall first be applied toward payment of
restitution, then toward the payment of the docket fee.
Sec. 16. K.S.A. 59-104 is hereby amended to read as follows: 59-
104. (a) Docket fee. (1) Except as otherwise provided by law, no case
shall be filed or docketed in the district court under the provisions of
chapter 59 of the Kansas Statutes Annotated, and amendments thereto,
or of articles 40 and 52 of chapter 65 of the Kansas Statutes Annotated,
and amendments thereto, without payment of an appropriate docket fee
as follows:
Treatment of mentally ill............................................................... $34.50
Treatment of alcoholism or drug abuse........................................... 34.50
Determination of descent of property.............................................. 49.50
Termination of life estate................................................................. 48.50
Termination of joint tenancy........................................................... 48.50
Refusal to grant letters of administration........................................ 48.50
Adoption.......................................................................................... 48.50
Filing a will and affidavit under K.S.A. 59-618a, and
amendments thereto.................................................................... 48.50
Guardianship................................................................................... 69.50
Conservatorship............................................................................... 69.50
Trusteeship...................................................................................... 69.50
Combined guardianship and conservatorship.................................. 69.50
Certified probate proceedings under K.S.A. 59-213, and amendments
thereto......................................................................................... 23.50
Decrees in probate from another state........................................... 173.00
Probate of an estate or of a will..................................................... 109.50
Civil commitment under K.S.A. 59-29a01 et seq., and
amendments thereto.................................................................... 33.50
(2) Except as provided further, the docket fee established in this
section shall be the only fee collected or moneys in the nature of a fee
collected for the docket fee. Such fee shall only be established by an act
of the legislature and no other authority is established by law or
otherwise to collect a fee. On and after July 1, 2019 2026, through June
30, 2025 2030, the supreme court may impose an additional charge, not
to exceed $22 per docket fee, to fund the costs of non-judicial
personnel.
(b) Poverty affidavit in lieu of docket fee and exemptions. The
provisions of K.S.A. 60-2001(b) and K.S.A. 60-2005, and amendments
thereto, shall apply to probate docket fees prescribed by this section.
(c) Disposition of docket fee. Statutory charges for the law library
and for the prosecuting attorneys' training fund shall be paid from the
docket fee. The remainder of the docket fee shall be paid to the state
treasurer in accordance with K.S.A. 20-362, and amendments thereto.
(d) Additional court costs. Other fees and expenses to be assessed
as additional court costs shall be approved by the court, unless
specifically fixed by statute. Other fees shall include, but not be limited
to, witness fees, appraiser fees, fees for service of process outside the
state, fees for depositions, transcripts and publication of legal notice,
executor or administrator fees, attorney fees, court costs from other
courts and any other fees and expenses required by statute. All
additional court costs shall be taxed and billed against the parties or
estate as directed by the court. No sheriff in this state shall charge any
HOUSE BILL No. 2393—page 25
district court in this state a fee or mileage for serving any paper or
process.
Sec. 17. K.S.A. 60-729 is hereby amended to read as follows: 60-
729. (a) Garnishment is a procedure whereby the wages, money or
intangible property of a person can be seized or attached pursuant to an
order of garnishment issued by the court under the conditions set forth
in the order.
(b) Any party requesting an order of garnishment shall pay a fee in
the amount of $7.50 to the clerk of the district court.
(c) A poverty affidavit may be filed in lieu of a fee as established
in K.S.A. 60-2001, and amendments thereto.
(d) The fee shall be the only costs assessed in each case for
services of the clerk of the district court and the sheriff. The fee shall be
disbursed in accordance with K.S.A. 20-362, and amendments thereto.
(e) Except as provided further, the fee established in this section
shall be the only fee collected or moneys in the nature of a fee collected
for the docket fee. Such fee shall only be established by an act of the
legislature and no other authority is established by law or otherwise to
collect a fee. On and after July 1, 2019 2026, through June 30, 2025
2030, the supreme court may impose an additional charge, not to
exceed $12.50 per fee, to fund the costs of non-judicial personnel.
(f) The state of Kansas and all municipalities in this state, as
defined in K.S.A. 12-105a, and amendments thereto, shall be exempt
from paying such fee.
Sec. 18. K.S.A. 60-2001 is hereby amended to read as follows: 60-
2001. (a) Docket fee. Except as otherwise provided by law, no case
shall be filed or docketed in the district court, whether original or
appealed, without payment of a docket fee in the amount of $173 to the
clerk of the district court. Except as provided further, the docket fee
established in this subsection shall be the only fee collected or moneys
in the nature of a fee collected for the docket fee. Such fee shall only be
established by an act of the legislature and no other authority is
established by law or otherwise to collect a fee. On and after July 1,
2019 2026, through June 30, 2025 2030, the supreme court may impose
an additional charge, not to exceed $22 per docket fee, to fund the costs
of non-judicial personnel.
(b) Poverty affidavit in lieu of docket fee. (1) Effect. In any case
where a plaintiff by reason of poverty is unable to pay a docket fee, and
an affidavit so stating is filed, no fee will be required. An inmate in the
custody of the secretary of corrections may file a poverty affidavit only
if the inmate attaches a statement disclosing the average account
balance, or the total deposits, whichever is less, in the inmate's trust
fund for each month in: (A) The six-month period preceding the filing
of the action; or (B) the current period of incarceration, whichever is
shorter. Such statement shall be certified by the secretary. On receipt of
the affidavit and attached statement, the court shall determine the initial
fee to be assessed for filing the action and in no event shall the court
require an inmate to pay less than $3. The secretary of corrections is
hereby authorized to disburse money from the inmate's account to pay
the costs as determined by the court. If the inmate has a zero balance in
such inmate's account, the secretary shall debit such account in the
amount of $3 per filing fee as established by the court until money is
credited to the account to pay such docket fee. Any initial filing fees
assessed pursuant to this subsection shall not prevent the court,
pursuant to subsection (d), from taxing that individual for the remainder
of the amount required under subsection (a) or this subsection.
(2) Form of affidavit. The affidavit provided for in this subsection
shall set forth a factual basis upon which the plaintiff alleges by reason
of poverty an inability to pay a docket fee, including, but not limited to,
the source and amount of the plaintiff's weekly income. Such affidavit
shall be signed and sworn to by the plaintiff under oath, before one who
has authority to administer the oath, under penalty of perjury, K.S.A.
21-5903, and amendments thereto. The form of the affidavit shall be
deemed sufficient if in substantial compliance with the form set forth
HOUSE BILL No. 2393—page 26
by the judicial council.
(3) Court review; grounds for dismissal; service of process. The
court shall review any petition authorized for filing under this
subsection. Upon such review, if the court finds that the plaintiff's
allegation of poverty is untrue, the court shall direct the plaintiff to pay
the docket fee or dismiss the petition without prejudice.
Notwithstanding K.S.A. 60-301, and amendments thereto, service of
process shall not issue unless the court grants leave following its
review.
(c) Disposition of fees. The docket fees and the fees for service of
process shall be the only costs assessed in each case for services of the
clerk of the district court and the sheriff. For every person to be served
by the sheriff, the persons requesting service of process shall provide
proper payment to the clerk and the clerk of the district court shall
forward the service of process fee to the sheriff in accordance with
K.S.A. 28-110, and amendments thereto. The service of process fee, if
paid by check or money order, shall be made payable to the sheriff.
Such service of process fee shall be submitted by the sheriff at least
monthly to the county treasurer for deposit in the county treasury and
credited to the county general fund. The docket fee shall be disbursed
in accordance with K.S.A. 20-362, and amendments thereto.
(d) Additional court costs. Other fees and expenses to be assessed
as additional court costs shall be approved by the court, unless
specifically fixed by statute. Other fees shall include, but not be limited
to, witness fees, appraiser fees, fees for service of process, fees for
depositions, alternative dispute resolution fees, transcripts and
publication, attorney fees, court costs from other courts and any other
fees and expenses required by statute. All additional court costs shall be
taxed and billed against the parties as directed by the court. No sheriff
in this state shall charge any mileage for serving any papers or process.
Sec. 19. K.S.A. 60-2203a is hereby amended to read as follows:
60-2203a. (a) After the commencement of any action in any district
court of this state, or the courts of the United States in the state of
Kansas or in any action now pending heretofore commenced in such
courts, which does not involve title to real estate, any party to such
action may give notice in any other county of the state of the pendency
of the action by filing for record with the clerk of the district court of
such other county a verified statement setting forth the parties to the
action, the nature of the action, the court in which it is pending, and the
relief sought, which shall impart notice of the pendency of the action
and shall result in the same lien rights as if the action were pending in
that county. The lien shall be effective from the time the statement is
filed, but not to exceed four months prior to the entry of judgment
except as provided in subsection (c) (b). The party filing such notice
shall within 30 days after any satisfaction of the judgment entered in
such action, or any other final disposition thereof, cause to be filed with
such clerk of the district court a notice that all claims in such action are
released. If the party filing fails or neglects to do so after reasonable
demand by any party in interest, such party shall be liable in damages
in the same amounts and manner as is provided by law for failure of a
mortgagee to enter satisfaction of a mortgage. Upon the filing of such a
notice of the pendency of an action the clerk shall charge a fee of $14
and shall enter and index the action in the same manner as for the filing
of an original action. Upon the filing of a notice of release, the notice
shall likewise be entered on the docket. Except as provided further, the
fee established in this subsection shall be the only fee collected or
moneys in the nature of a fee collected for the court procedure. Such
fee shall only be established by an act of the legislature and no other
authority is established by law or otherwise to collect a fee. On and
after July 1, 2019 2026, through June 30, 2025 2030, the supreme court
may impose an additional charge, not to exceed $22 per fee, to fund the
costs of non-judicial personnel.
(b) Notwithstanding the foregoing provisions of this section, the
filing of a notice of the pendency of an action pursuant to subsection (a)
HOUSE BILL No. 2393—page 27
shall create no lien rights against the property of an employee of the
state or a municipality prior to the date judgment is rendered if the
pleadings in the pending action allege a negligent or wrongful act or
omission of the employee while acting within the scope of such
employee's employment, regardless of whether or not it is alleged in the
alternative that the employee was acting outside of such employee's
employment. A judgment against an employee shall become a lien upon
such employee's property in the county where notice is filed pursuant to
subsection (a) when the judgment is rendered only if it is found that: (1)
The employee's negligent or wrongful act or omission occurred when
the employee was acting outside the scope of such employee's
employment; or (2) the employee's conduct which gave rise to the
judgment was because of actual fraud or actual malice of the employee.
In such cases the lien shall not be effective prior to the date judgment
was rendered. As used in this subsection (c), "employee" shall have the
meaning ascribed to such term in K.S.A. 75- 6102, and amendments
thereto.
Sec. 20. K.S.A. 61-2704 is hereby amended to read as follows: 61-
2704. (a) An action seeking the recovery of a small claim shall be
considered to have been commenced at the time a person files a written
statement of the person's small claim with the clerk of the court if,
within 90 days after the small claim is filed, service of process is
obtained or the first publication is made for service by publication.
Otherwise, the action is deemed commenced at the time of service of
process or first publication. An entry of appearance shall have the same
effect as service.
(b) Upon the filing of a plaintiff's small claim, the clerk of the
court shall require from the plaintiff a docket fee of $35 if the claim
does not exceed $500; or $55 if the claim exceeds $500; unless for
good cause shown the judge waives the fee. The docket fee shall be the
only costs required in an action seeking recovery of a small claim. No
person may file more than 20 small claims under this act in the same
court during any calendar year.
(c) Except as provided further, the docket fee established in this
section shall be the only fee collected or moneys in the nature of a fee
collected for the docket fee. Such fee shall only be established by an act
of the legislature and no other authority is established by law or
otherwise to collect a fee. On and after July 1, 2019 2026, through June
30, 2025 2030, the supreme court may impose an additional charge, not
to exceed $12.50 per docket fee, to fund the costs of non-judicial
personnel.
Sec. 21. K.S.A. 61-4001 is hereby amended to read as follows: 61-
4001. (a) Docket fee. (1) No case shall be filed or docketed pursuant to
the code of civil procedure for limited actions without the payment of a
docket fee in the amount of $35 if the amount in controversy or claimed
does not exceed $500; $55 if the amount in controversy or claimed
exceeds $500 but does not exceed $5,000; or $101 if the amount in
controversy or claimed exceeds $5,000. If judgment is rendered for the
plaintiff, the court also may enter judgment for the plaintiff for the
amount of the docket fee paid by the plaintiff.
(2) Except as provided further, the docket fee established in this
section shall be the only fee collected or moneys in the nature of a fee
collected for the docket fee. Such fee shall only be established by an act
of the legislature and no other authority is established by law or
otherwise to collect a fee. On and after July 1, 2019 2026, through June
30, 2025 2030, the supreme court may impose an additional charge, not
to exceed $19 per docket fee, to fund the costs of non-judicial
personnel.
(b) Poverty affidavit; additional court costs; exemptions for the
state and municipalities. The provisions of K.S.A. 60-2001(b), (c) and
(d) and 60-2005, and amendments thereto, shall be applicable to
lawsuits brought under the code of civil procedure for limited actions.
Sec. 22. K.S.A. 2025 Supp. 65-409 is hereby amended to read as
follows: 65-409. (a) The clerk of the district court shall charge a fee of
HOUSE BILL No. 2393—page 28
$14 for entering and filing a lien statement under this act.
(b) Except as provided further, the lien fee established in
subsection (a) shall be the only fee collected or moneys in the nature of
a fee collected for such lien. Such fee shall only be established by an
act of the legislature and no other authority is established by law or
otherwise to collect a fee. On and after July 1, 2019 2026, through June
30, 2025 2030, the supreme court may impose an additional charge, not
to exceed $22 per lien fee, to fund the costs of non-judicial personnel.
Sec. 23. K.S.A. 8-2107, 20-3021, 21-6614, 22-2410, 23-2510, 28-
170, 28-172a, 28-179, 38-2215, 38-2312, 38-2314, 59-104, 60-729, 60-
2001, 60-2203a, 61-2704, 61-4001 and K.S.A. 2025 Supp. 8-2110, 28-
177, 28-178, 32-1049a and 65-409 are hereby repealed.
Sec. 24. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.

Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.