Read the full stored bill text
As Amended by House Committee
{As Amended by Senate Committee of the Whole}
As Amended by Senate Committee
Session of 2026
SENATE BILL No. 463
By Committee on Judiciary
2-3
AN ACT concerning civil actions; relating to actions in negligence;
prohibiting certain persons from recovering damages in such actions ;
creating requirements for actions involving negligent security.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Notwithstanding any other provision of law, a person
who engaged or participated in wrongful conduct or attempted to engage
or participate in wrongful conduct shall not bring an action for negligence
or collect damages for negligent conduct related to such wrongful conduct.
The party against whom negligence is alleged shall have the burden of
proving, by a preponderance of the evidence, that a person was engaging
or participating in wrongful conduct or attempting to engage or participate
in wrongful conduct.
(b) (1) General damages, including, but not limited to, damages in the
form of past or future wages, shall not be awarded in an action for
negligence arising from an automobile accident to a person who was an
unauthorized alien at the time of such accident. A party in an action for
negligence arising from an automobile accident that intends to seek
general damages or past and future wages shall provide, with the initial
disclosure statement or as soon thereafter as is practicable, documents
showing that, at the time of the accident, the damaged person was a citizen
or lawful permanent resident of the United States and not an unauthorized
alien. The party seeking damages shall have the burden of proof under this
subsection by a preponderance of the evidence, and failure to meet such
burden shall constitute insufficient evidence as a matter of law to support
an award of general damages or past and future wages.
(2) This subsection shall not apply to a claim made against an
uninsured or underinsured motorist policy that names the unauthorized
alien as the insured.
(c) (1) Except as provided in paragraph (2), in an action for negligent
security, an owner or occupier has no duty to protect an invitee or licensee
from any type of wrongful conduct of a third person unless the owner or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
SB 463—Am. by HC 2
occupier has actual knowledge of previous occurrences of substantially
similar wrongful conduct on the premises within the immediately
preceding year. If an owner or occupier has such knowledge, the owner or
occupier shall have a duty to take reasonable care under the circumstances.
There shall be a presumption that such duty was met if the owner or
occupier:
(A) Requested the assistance of law enforcement and followed any
instructions given by law enforcement;
(B) followed the guidelines of a reputable third party related to
security and safety measures; or
(C) hired a security contractor.
(2) For the purposes of this section, an owner or occupier has no duty
to protect an invitee or licensee from the invitee's or licensee's own
wrongful conduct or the wrongful conduct of a third person if the invitee
or licensee is on the premises for the purpose of or in the course of
engaging in wrongful conduct or the invitee or licensee engages in
wrongful conduct while on the premises.
(3) A person committing a violation of K.S.A. 21-5808, and
amendments thereto, or a person on the premises outside of posted
business hours or during a period of time that the premises is not open to
the public shall not maintain an action for negligent security.
(4) If an owner or occupier has engaged a security contractor, such
contractor shall have the same duties as the owner or occupier has under
this section.
(5) (A) If the trier of fact finds that a party is liable in an action for
negligent security, the trier of fact shall make an apportionment of fault
and be instructed to apportion fault among all of the following, regardless
of whether damages may be collected from such person:
(i) The party bringing the claim of negligent security;
(ii) the owner or occupier;
(iii) any governmental agency or unit of government that failed to
enforce the law or maintain law and order;
(iv) any third person whose wrongful conduct or negligence
contributed to the event giving rise to the cause of action; and
(v) any other person whom the trier of fact deems necessary.
(B) No party shall offer evidence or make an argument or comment to
the trier of fact concerning:
(i) Any criminal penalty that has been or could be imposed against
any person for the wrongful conduct giving rise to the cause of action;
(ii) the financial resources of or ability to collect a judgment from any
party or nonparty; or
(iii) the effect an apportionment of fault has on any award of
damages.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 463—Am. by HC 3
(C) If the trier of fact fails to apportion fault pursuant to subparagraph
(A), the court shall set aside the verdict and order a retrial of liability and
damages. There shall be a presumption that an apportionment of fault is
unreasonable if the total percentage of fault apportioned to persons who
engaged in wrongful conduct is less than the total percentage of fault
apportioned to all other persons. Any such apportionment of fault shall be
accompanied by written findings, and such apportionment shall be subject
to appeal de novo.
(d){(c)} Nothing in this section shall prevent a victim of a crime from
recovering restitution.
(e){(d)}(b) This section applies to any claim that is pending or filed
on and after July 1, 2026.
(f){(e)}(c) As used in this section:
(1) "Negligent security" means any claim against an owner or
occupier or security contractor that sounds in tort or nuisance arising from
an alleged failure to make or keep the premises and approaches safe and
seeks to recover any damages;
(2) "owner or occupier" means any person that owns, leases,
subleases, occupies, operates, maintains or manages real property or any
director, officer, employee or agent of such person;
(3) "previous occurrences of substantially similar wrongful conduct"
means occurrences that are sufficiently similar in nature, character,
circumstances and degree of dangerousness to the wrongful conduct giving
rise to the claim of negligent security such that a reasonable person in the
position of the owner or occupier would:
(A) Have reason to believe that such wrongful conduct is reasonably
likely to occur again; and
(B) understand that a specific and known physical condition of the
premises has created a risk of such wrongful conduct on the premises that
is substantially greater than the general risk of such wrongful conduct in
the vicinity of the premises;
(4) "security contractor" means any person that contracts with an
owner or occupier to provide protective or security services upon any
premises or any director, officer, employee or agent of such person;
(5) "third person" means any person other than an owner or occupier,
a security contractor or a person under the direction, control or supervision
of an owner or occupier or security contractor; {and}
(6) "unauthorized alien" means a person who is unlawfully present in
the United States under the immigration and nationality act, 8 U.S.C. 1101
et seq.; and
(7) "Wrongful conduct" means any:
(A) violation of federal or state law or an ordinance or resolution
adopted by a political subdivision of the state that constitutes a crime,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 463—Am. by HC 4
regardless of whether such violation results in an arrest, citation,
indictment or conviction:
(i)(A) Federal law that constitutes a crime, regardless of whether
such violation results in an arrest, citation, indictment or conviction; or
(ii)(B) state law or an ordinance or resolution adopted by a political
subdivision of the state that constitutes a felony or a class A or B
misdemeanor, regardless of whether such violation results in an arrest,
citation, indictment or conviction; or and
(B) other conduct that constitutes an intentional or reckless tort (2)
notwithstanding the provisions of paragraph (1), "wrongful conduct"
does not include conduct that constitutes trespass if:
(A) The person committing such conduct is under 18 years of age;
(B) the attractive nuisance doctrine applies to such conduct; and
(C) such person did not have the intent to commit any other
violation described in paragraph (1).
(g){(f)} The provisions of this act are severable. If any portion of this
act is held by a court to be unconstitutional or invalid, or the application of
any portion of this act to any person or circumstance is held by a court to
be unconstitutional or invalid, the invalidity shall not affect other portions
of this act that can be given effect without the invalid portion or
application, and the applicability of such other portions of this act to any
person or circumstance remains valid and enforceable.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24