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HOUSE BILL No. 2613
AN ACT concerning the crime victims compensation board; relating to fees chargeable for
conducting examinations of persons who may be victims of sexual assault;
authorizing the board to establish such fees and adopt rules and regulations for the
administration thereof; authorizing the board to use moneys in the crime victims
compensation fund for the payment of such fees; relating to confidentiality of records
and information given to the crime victims compensation board; providing certain
exceptions thereto; amending K.S.A. 2025 Supp. 65-448, 74-7304, 74-7308 and 74-
7317 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 65-448 is hereby amended to read as
follows: 65-448. (a) Upon the request of any law enforcement officer
and with the written consent of the reported victim, or upon the request
of the victim, any physician, a licensed physician assistant who has
been specially trained in performing sexual assault evidence collection,
or a registered professional nurse who has been specially trained in
performing sexual assault evidence collection, if such physician,
licensed physician assistant or registered nurse is on call or on duty at
a:
(1) (A) Medical care facility of this state, as defined by K.S.A. 65-
425(h), and amendments thereto, shall examine persons who may be
victims of sexual assault; or
(B) child advocacy center of this state, as defined by K.S.A. 38-
2227, and amendments thereto, or any other facility licensed or
operated by a physician, physician assistant or registered nurse licensed
pursuant to chapter 65 of the Kansas Statutes Annotated, and
amendments thereto, may examine persons who may be victims of
sexual assault.
(2) All examinations performed pursuant to paragraph (1), shall be
conducted using Kansas bureau of investigation sexual assault evidence
collection kits or similar kits approved by the Kansas bureau of
investigation, for the purposes of gathering evidence of any such crime.
(b) If an examination takes place solely upon the request of the
victim, the medical care facility, child advocacy center or other facility
where the examination takes place shall not notify any law enforcement
agency without the written consent of the victim, unless otherwise
required by law.
(c) If the physician, licensed physician assistant or registered
professional nurse refuses to perform an examination at a medical care
facility pursuant to subsection (a)(1), the prosecuting attorney is hereby
empowered to seek a mandatory injunction against such physician,
licensed physician assistant or registered professional nurse to enforce
the provisions of subsection (a)(1). Any refusal by a physician, licensed
physician assistant or registered professional nurse to perform an
examination which that has been requested pursuant to subsection (a)
(1) shall be reported by the county or district attorney to the state board
of healing arts or the board of nursing, whichever is applicable, for
appropriate disciplinary action.
(d) The Kansas bureau of investigation shall establish procedures
for gathering evidence pursuant to this section.
(e) (1) The medical care facility, child advocacy center or other
facility shall give written notice to the parent or guardian of a minor
that such an examination has taken place, except when:
(A) The medical care facility, child advocacy center or other
facility has information that a parent, guardian or family or household
member is the subject of a related criminal investigation; or
(B) the physician, licensed physician assistant or registered
professional nurse, after consultation with law enforcement, reasonably
believes that the child will be harmed if such notice is given.
(2) A minor may consent to an examination under this section.
Such consent is not subject to disaffirmance because of minority, and
consent of a parent or guardian of the minor is not required for such
examination.
(f) All unreported sexual assault kits shall be sealed by either the
sexual assault nurse examiner program or the facility that provided the
HOUSE BILL No. 2613—page 2
examination and sent to the Kansas bureau of investigation. The Kansas
bureau of investigation shall retain all unreported sexual assault kits
connected to a report of sexual assault in evidence storage for 20 years.
After 20 years, such kits shall be destroyed by the Kansas bureau of
investigation.
(g) Each sexual assault kit that is received by the Johnson county
sheriff's office criminalistics laboratory, Sedgwick county regional
forensic science center or the Kansas bureau of investigation shall be
examined if the kit is required to be released to a law enforcement
agency in connection with a report of sexual assault.
(h) The fee chargeable for conducting an examination of a victim
as herein provided in this section shall be established by the department
of health and environment crime victims compensation board
established pursuant to K.S.A. 74-7303, and amendments thereto . Such
fee, including the cost of the sexual assault evidence collection kit,
shall be charged to and paid by the county where the alleged offense
was committed crime victims compensation board , and refusal of the
victim to report the alleged offense to law enforcement shall not excuse
or exempt the county crime victims compensation board from paying
such fee. Payment of such fee is not contingent on a victim or claimant
being otherwise eligible for compensation under K.S.A. 74-7301 et
seq., and amendments thereto. The fee for conducting an examination
of a victim pursuant to this section shall not be charged or billed to the
victim or to the victim's insurance carrier. Such countyThe crime
victims compensation board shall be reimbursed such fee upon the
costs being paid by the defendant as court costs assessed pursuant to
K.S.A. 28-172a, and amendments thereto.
(i) No medical care facility, child advocacy center or other facility
shall incur any civil, administrative or criminal liability as a result of
notifying or failing to notify any law enforcement agency if an
examination has taken place solely upon the request of the victim and
such notification is not otherwise required by law.
(j) The Kansas bureau of investigation may adopt rules and
regulations as deemed necessary to implement the provisions of this
section.
(k) As used in this section:
(1) "Unreported sexual assault kit" means a sexual assault kit
collected pursuant to subsection (b) that is not released to law
enforcement; and
(2) "sexual assault" means a sexual offense cognizable as a
violation of K.S.A. 21-5503, 21-5504, 21-5506 or 21-5604, and
amendments thereto.
Sec. 2. K.S.A. 2025 Supp. 74-7304 is hereby amended to read as
follows: 74-7304. In addition to the powers and duties specified
elsewhere in this act, the board shall have the following powers and
duties:
(a) The power to adopt by rule and regulation a description of the
organization of the board, stating the general method and course of
operation of the board;
(b) (1) The power to adopt rules and regulations:
(A) Necessary to carry out the provisions of this act, and the
property crime restitution and compensation act, including rules for the
allowance of attorney fees for representation of claimants; and to adopt
rules nd regulations
(B) providing for discovery proceedings, including medical
examination, consistent with the provisions of this act relating related
thereto; and
(C) necessary to carry out the provisions of K.S.A. 65-448, and
amendments thereto.
(2) Rules and regulations adopted by the board shall be statements
of general applicability which that implement, interpret or prescribe
policy, or describe the procedure or practice requirements of the board;
(c) the duty to hear and determine all matters relating to claims for
compensation, and the power to reinvestigate or reopen claims without
HOUSE BILL No. 2613—page 3
regard to statutes of limitation or periods of prescription;
(d) the duty, if it would contribute to the function of the board, to
subpoena witnesses and other prospective evidence, administer oaths or
affirmations, conduct hearings and receive relevant, nonprivileged
evidence; and
(e) the power to take notice of judicially recognizable facts and
general, technical and scientific facts within their specialized
knowledge.
Sec. 3. K.S.A. 2025 Supp. 74-7308 is hereby amended to read as
follows: 74-7308. (a) There shall be no privilege, except privileges
arising from the attorney-client relationship, as to communications or
records relevant to an issue of the physical, mental or emotional
conditions of the claimant or victim in a proceeding under this act in
which such condition is an element.
(b) If the mental, physical or emotional condition of a victim or
claimant is material to a claim, the board may order the victim or
claimant to submit to a mental or physical examination by a physician
or psychologist, and may order an autopsy of a deceased victim. The
order may be made for good cause shown upon notice to the person to
be examined and to all persons who have appeared. The order shall
specify the time, place, manner, conditions and scope of the
examination or autopsy and the person by whom it the examination or
autopsy is to be made; and the order shall require the person to file with
the board a detailed written report of the examination or autopsy. The
report shall set out the findings of the person making the report,
including results of all tests made, diagnoses, prognosis and other
conclusions and reports of earlier examinations of the same conditions.
(c) On request of the person examined, the board shall furnish a
copy of the report to such person. If the victim is deceased, the board,
on request, shall furnish to the claimant a copy of the report.
(d) The board may require the claimant to supplement the
application with any reasonably available medical or psychological
reports relating to the injury for which compensation is claimed.
(e) (1) All records and information given to the board and the
crime victims compensation division created by K.S.A. 75-773, and
amendments thereto, to process a claim on behalf of a crime victim
shall be confidential. Such exhibits, medical records, psychological
records, counseling records, work records, criminal investigation
records, criminal court case records, witness statements, telephone
records and other records of any type or nature whatsoever gathered for
the purpose of evaluating whether to compensate a victim shall not be
obtainable by any party to any action, civil or criminal, through any
discovery process except:
(1)(A) In the event of an appeal under the Kansas administrative
procedure act from a decision of the board and then only to the extent
narrowly and necessarily to obtain court review;
(2)(B) by the board upon a finding that the records and
information given to the board were not previously available to an
agency investigating or prosecuting child abuse or neglect. Upon such
a finding, the board or the board's designee may disclose such records
and information necessary to assist in such investigation or
prosecution to:
(i) Any law enforcement agency of this state or any political
subdivision of this state;
(ii) any county or district attorney of this state; and
(iii) the Kansas department for children and families;
(C) by the board upon a finding that the records and information
given to the board are wholly or partially false or fraudulent. Upon
such a finding, the board or the board's designee may disclose such
records and information to any law enforcement agency or political
subdivision of this state responsible for investigating or prosecuting
such false or fraudulent records and information;
(D) upon a strict showing to the court in a separate civil or
criminal action that particular information or documents are not
HOUSE BILL No. 2613—page 4
obtainable after diligent effort from any independent source, and are
known to exist otherwise only in board records, the court may inspect
in camera such records to determine whether the specific requested
information exists. If the court determines the specific information
sought exists in the board records, the documents may then be released
only by court order if the court finds as part of its order that the
documents will not pose any threat to the safety of the victim or any
other person whose identity may appear in board records; or
(3)(E) by any board order granting or denying compensation to a
crime victim.
(2) The provisions of paragraphs (1)(B) and (C) shall expire on
July 1, 2031, unless the legislature reviews and reenacts such
provisions pursuant to K.S.A. 45-229, and amendments thereto.
Sec. 4. K.S.A. 2025 Supp. 74-7317 is hereby amended to read as
follows: 74-7317. (a) There is hereby established in the state treasury
the crime victims compensation fund.
(b) Moneys in the crime victims compensation fund shall be used
only for the payment of compensation pursuant to K.S.A. 74-7301 et
seq., and amendments thereto, the payment of fees pursuant to K.S.A.
65-448, and amendments thereto, and for the state operations of the
board and the crime victims compensation division of the office of the
attorney general created pursuant to K.S.A. 75-773, and amendments
thereto. Payments from the fund shall be made upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the chairperson of the board and the attorney general or by a person
or persons designated by the chairperson and the attorney general.
(c) The crime victims compensation board may apply for, receive
and accept money from any source, including financial contributions
from inmates as provided by K.S.A. 75-5211(b), and amendments
thereto, for the purposes for which money in the crime victims
compensation fund may be expended. Upon receipt of any such money,
the chairperson of the board shall remit the entire amount 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 crime victims compensation fund.
HOUSE BILL No. 2613—page 5
Sec. 5. K.S.A. 2025 Supp. 65-448, 74-7304, 74-7308 and 74-7317
are hereby repealed.
Sec. 6. 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
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.