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{As Amended by House Committee of the Whole}
Session of 2026
HOUSE BILL No. 2614
By Committee on Judiciary
Requested by Matt Bingesser on behalf of the Office of the Attorney General
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AN ACT concerning the crime victims compensation board; relating to
confidentiality of records; providing certain exceptions thereto;
amending K.S.A. 2025 Supp. 74-7308 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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,
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HB 2614—Am. by HCW 2
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:
(A){(i)} Any law enforcement agency of this state or any political
subdivision of this state;
(B){(ii)} any county or district attorney of this state; and
(C){(iii)} the Kansas department for children and families;
(3){(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 of this state or any political
subdivision of this state responsible for investigating or prosecuting such
false or fraudulent records and information;
(4){(D)} upon a strict showing to the court in a separate civil or
criminal action that particular information or documents are not 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)(5){(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. 2. K.S.A. 2025 Supp. 74-7308 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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