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10  AN ACT concerning crime victims; amending K.S.A. 1996 Supp. [22-
11    3717 and] 74-7301 and repealing the existing section [sections].
12
13  Be it enacted by the Legislature of the State of Kansas:
14    [Section 1.  K.S.A. 1996 Supp. 22-3717 is hereby amended to
15  read as follows: 22-3717. (a) Except as otherwise provided by this
16  section, K.S.A. 1993 Supp. 21-4628 prior to its repeal and K.S.A.
17  21-4635 through 21-4638 and amendments thereto, an inmate, in-
18  cluding an inmate sentenced pursuant to K.S.A. 21-4618 and
19  amendments thereto, shall be eligible for parole after serving the
20  entire minimum sentence imposed by the court, less good time
21  credits.
22    [(b) (1)  Except as provided by K.S.A. 21-4635 through 21-4638
23  and amendments thereto, an inmate sentenced to imprisonment
24  for the crime of capital murder, or an inmate sentenced for the
25  crime of murder in the first degree based upon a finding of pre-
26  meditated murder, committed on or after July 1, 1994, shall be
27  eligible for parole after serving 25 years of confinement, without
28  deduction of any good time credits.
29    [(2)  Except as provided by subsection (b)(1) or (b)(4), K.S.A.
30  1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through
31  21-4638, and amendments thereto, an inmate sentenced to im-
32  prisonment for an off-grid offense committed on or after July 1,
33  1993, shall be eligible for parole after serving 15 years of confine-
34  ment, without deduction of any good time credits.
35    [(3)  Except as provided by K.S.A. 1993 Supp. 21-4628 prior to
36  its repeal, an inmate sentenced for a class A felony committed be-
37  fore July 1, 1993, including an inmate sentenced pursuant to K.S.A.
38  21-4618 and amendments thereto, shall be eligible for parole after
39  serving 15 years of confinement, without deduction of any good
40  time credits.
41    [(4)  An inmate sentenced to imprisonment for a violation of
42  subsection (a) of K.S.A. 21-3402 and amendments thereto com-
43  mitted on or after July 1, 1996, shall be eligible for parole after
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 1  serving 10 years of confinement without deduction of any good
 2  time credits.
 3    [(c)  Except as provided in subsection (e), if an inmate is sen-
 4  tenced to imprisonment for more than one crime and the sen-
 5  tences run consecutively, the inmate shall be eligible for parole
 6  after serving the total of:
 7    [(1)  The aggregate minimum sentences, as determined pursu-
 8  ant to K.S.A. 21-4608 and amendments thereto, less good time
 9  credits for those crimes which are not class A felonies; and
10    [(2)  an additional 15 years, without deduction of good time
11  credits, for each crime which is a class A felony.
12    [(d) (1)  Persons sentenced for crimes, other than off-grid
13  crimes, committed on or after July 1, 1993, will not be eligible for
14  parole, but will be released to a mandatory period of postrelease
15  supervision upon completion of the prison portion of their sen-
16  tence as follows:
17    [(A)  Except as provided in subparagraphs (C) and (D), persons
18  sentenced for nondrug severity level 1 through 6 crimes and drug
19  severity levels 1 through 3 crimes must serve 36 months, plus the
20  amount of good time earned and retained pursuant to K.S.A. 21-
21  4722 and amendments thereto, on postrelease supervision.
22    [(B)  Except as provided in subparagraphs (C) and (D), persons
23  sentenced for nondrug severity level 7 through 10 crimes and drug
24  severity level 4 crimes must serve 24 months, plus the amount of
25  good time earned and retained pursuant to K.S.A. 21-4722 and
26  amendments thereto, on postrelease supervision.
27    [(C) (i)  The sentencing judge shall impose the postrelease su-
28  pervision period provided in subparagraph (d)(1)(A) or (d)(1)(B),
29  unless the judge finds substantial and compelling reasons to im-
30  pose a departure based upon a finding that the current crime of
31  conviction was sexually violent or sexually motivated. In that event,
32  departure may be imposed to extend the postrelease supervision
33  to a period of up to 60 months.
34    [(ii)  If the sentencing judge departs from the presumptive post-
35  release supervision period, the judge shall state on the record at
36  the time of sentencing the substantial and compelling reasons for
37  the departure. Departures in this section are subject to appeal
38  pursuant to K.S.A. 21-4721 and amendments thereto.
39    [(iii)  In determining whether substantial and compelling rea-
40  sons exist, the court shall consider:
41    [(a)  Written briefs or oral arguments submitted by either the
42  defendant or the state;
43    [(b)  any evidence received during the proceeding;
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 1    [(c)  the presentence report, the victim's impact statement and
 2  any psychological evaluation as ordered by the court pursuant to
 3  subsection (e) of K.S.A. 21-4714 and amendments thereto; and
 4    [(d)  any other evidence the court finds trustworthy and relia-
 5  ble.
 6    [(iv)  The sentencing judge may order that a psychological eval-
 7  uation be prepared and the recommended programming be com-
 8  pleted by the offender. The department of corrections or the pa-
 9  role board shall ensure that court ordered sex offender treatment
10  be carried out.
11    [(v)  In carrying out the provisions of subparagraph (d)(1)(C),
12  the court shall refer to K.S.A. 21-4718 and amendments thereto.
13    [(vi)  Upon petition, the parole board may provide for early dis-
14  charge from the postrelease supervision period upon completion
15  of court ordered programs and completion of the presumptive
16  postrelease supervision period, as determined by the crime of con-
17  viction, pursuant to subparagraph (d)(1)(A) or (B). Early discharge
18  from postrelease supervision is at the discretion of the parole
19  board.
20    [(vii)  Persons convicted of crimes deemed sexually violent or
21  sexually motivated, shall be registered according to the habitual
22  sex offender registration act, K.S.A. 22-4901 through 22-4910 and
23  amendments thereto.
24    [(D)  The period of postrelease supervision provided in sub-
25  paragraphs (A) and (B) may be reduced by up to 12 months based
26  on the offender's compliance with conditions of supervision and
27  overall performance while on postrelease supervision. The reduc-
28  tion in the supervision period shall be on an earned basis pursuant
29  to rules and regulations adopted by the secretary of corrections.
30    [(E)  In cases where sentences for crimes from more than one
31  severity level have been imposed, the highest severity level offense
32  will dictate the period of postrelease supervision. Supervision per-
33  iods will not aggregate.
34    [(2)  As used in this section, ``sexually violent crime'' means:
35    [(A)  Rape, K.S.A. 21-3502, and amendments thereto;
36    [(B)  indecent liberties with a child, K.S.A. 21-3503, and amend-
37  ments thereto;
38    [(C)  aggravated indecent liberties with a child, K.S.A. 21-3504,
39  and amendments thereto;
40    [(D)  criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-
41  3505 and amendments thereto;
42    [(E)  aggravated criminal sodomy, K.S.A. 21-3506, and amend-
43  ments thereto;
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 1    [(F)  indecent solicitation of a child, K.S.A. 21-3510, and amend-
 2  ments thereto;
 3    [(G)  aggravated indecent solicitation of a child, K.S.A. 21-3511,
 4  and amendments thereto;
 5    [(H)  sexual exploitation of a child, K.S.A. 21-3516, and amend-
 6  ments thereto;
 7    [(I)  aggravated sexual battery, K.S.A. 21-3518, and amend-
 8  ments thereto;
 9    [(J)  any conviction for a felony offense in effect at any time
10  prior to the effective date of this act, that is comparable to a sex-
11  ually violent crime as defined in subparagraphs (A) through (I), or
12  any federal or other state conviction for a felony offense that under
13  the laws of this state would be a sexually violent crime as defined
14  in this section;
15    [(K)  an attempt, conspiracy or criminal solicitation, as defined
16  in K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of
17  a sexually violent crime as defined in this section; or
18    [(L)  any act which at the time of sentencing for the offense has
19  been determined beyond a reasonable doubt to have been sexually
20  motivated. As used in this subparagraph, ``sexually motivated''
21  means that one of the purposes for which the defendant committed
22  the crime was for the purpose of the defendant's sexual gratifica-
23  tion.
24    [(e)  If an inmate is sentenced to imprisonment for a crime com-
25  mitted while on parole or conditional release, the inmate shall be
26  eligible for parole as provided by subsection (c), except that the
27  Kansas parole board may postpone the inmate's parole eligibility
28  date by assessing a penalty not exceeding the period of time which
29  could have been assessed if the inmate's parole or conditional re-
30  lease had been violated for reasons other than conviction of a
31  crime.
32    [(f)  If a person is sentenced to prison for a crime committed
33  on or after July 1, 1993, while on probation, parole, conditional
34  release or in a community corrections program, for a crime com-
35  mitted prior to July 1, 1993, and the person is not eligible for ret-
36  roactive application of the sentencing guidelines and amendments
37  thereto pursuant to K.S.A. 21-4724 and amendments thereto, the
38  new sentence shall not be aggregated with the old sentence, but
39  shall begin when the person is paroled or reaches the conditional
40  release date on the old sentence. If the offender was past the of-
41  fender's conditional release date at the time the new offense was
42  committed, the new sentence shall not be aggregated with the old
43  sentence but shall begin when the person is ordered released by
HB 2313--Am. by HCW
                                     

 1  the Kansas parole board or reaches the maximum sentence expi-
 2  ration date on the old sentence, whichever is earlier. The new sen-
 3  tence shall then be served as otherwise provided by law. The pe-
 4  riod of postrelease supervision shall be based on the new sentence,
 5  except that those offenders whose old sentence is a term of im-
 6  prisonment for life, imposed pursuant to K.S.A. 1993 Supp. 21-
 7  4628 prior to its repeal, or an indeterminate sentence with a max-
 8  imum term of life imprisonment, for which there is no conditional
 9  release or maximum sentence expiration date, shall remain on
10  postrelease supervision for life or until discharged from supervi-
11  sion by the Kansas parole board.
12    [(g)  Subject to the provisions of this section, the Kansas parole
13  board may release on parole those persons confined in institutions
14  who are eligible for parole when: (1) The board believes that the
15  inmate should be released for hospitalization, for deportation or
16  to answer the warrant or other process of a court and is of the
17  opinion that there is reasonable probability that the inmate can be
18  released without detriment to the community or to the inmate; or
19    (2) the secretary of corrections has reported to the board in writing
20  that the inmate has satisfactorily completed the programs required
21  by any agreement entered under K.S.A. 75-5210a and amend-
22  ments thereto, or any revision of such agreement, and the board
23  believes that the inmate is able and willing to fulfill the obligations
24  of a law abiding citizen and is of the opinion that there is reason-
25  able probability that the inmate can be released without detriment
26  to the community or to the inmate. Parole shall not be granted as
27  an award of clemency and shall not be considered a reduction of
28  sentence or a pardon.
29    [(h)  (1) The Kansas parole board shall hold a parole hearing
30  during the month prior to the month an inmate will be eligible for
31  parole under subsections (a), (b) and (c).
32    [(2)  At least the month preceding the parole hearing, the
33  county or district attorney of the county where the inmate was
34  convicted shall give written notice of the time and place of the
35  public comment sessions for the inmate to any victim of the in-
36  mate's crime who is alive and whose address is known to the county
37  or district attorney or, if the victim is deceased, to the victim's
38  family if the family's address is known to the county or district
39  attorney. Except as otherwise provided, failure to notify pursuant
40  to this section shall not be a reason to postpone a parole hearing.
41    [(3)  In the case of any inmate convicted of a class A felony or
42  an attempt, as defined in K.S.A. 21-3301, and amendments thereto, to
43  commit capital murder, as defined in K.S.A. 21-3439, and amendments
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 1  thereto; murder in the first degree, as defined in K.S.A. 21-3401, and
 2  amendments thereto; murder in the second degree, as defined in subsec-
 3  tion (a) of K.S.A. 21-3402, and amendments thereto; any crime committed
 4  prior to July 1, 1993, which if committed after such date would constitute
 5  a severity level 1, 2, 3 or 4 felony on the sentencing guidelines grid for
 6  nondrug crimes; or any crime committed prior to July 1, 1993, which if
 7  committed after such date would constitute a severity level 5 felony on
 8  the sentencing guidelines grid for nondrug crimes if the department of
 9  corrections has reviewed such crime and determined the sentence is not
10  eligible for conversion, the secretary of corrections shall give written
11  notice of the time and place of the public comment session for such
12  inmate at least one month preceding the public comment session
13  to any victim of such inmate's crime or the victim's family pursuant
14  to K.S.A. 74-7338 and amendments thereto. If notification is not
15  given to such victim or such victim's family in the case of any in-
16  mate convicted of a class A felony an offense listed in this paragraph,
17  the board shall postpone a decision on parole of the inmate to a
18  time at least 30 days after notification is given as provided in this
19  section.
20    [(4)  Nothing in this section shall create a cause of action against
21  the state or an employee of the state acting within the scope of the
22  employee's employment as a result of the failure to notify pursuant
23  to this section.
24    [(5)  If granted parole, the inmate may be released on parole
25  on the date specified by the board, but not earlier than the date
26  the inmate is eligible for parole under subsections (a), (b) and (c).
27    [(6)  At each parole hearing and, if parole is not granted, at such
28  intervals thereafter as it determines appropriate, the Kansas pa-
29  role board shall consider:
30    [(1) (i)  Whether the inmate has satisfactorily completed the
31  programs required by any agreement entered under K.S.A. 75-
32  5210a and amendments thereto, or any revision of such agree-
33  ment; and
34    [(2) (ii)  all pertinent information regarding such inmate, in-
35  cluding, but not limited to, the circumstances of the offense of the
36  inmate; the presentence report; the previous social history and
37  criminal record of the inmate; the conduct, employment, and at-
38  titude of the inmate in prison; the reports of such physical and
39  mental examinations as have been made; comments of the victim
40  and the victim's family; comments of the public; official comments;
41  and capacity of state correctional institutions.
42    [(i)  In those cases involving inmates sentenced for a crime com-
43  mitted after July 1, 1993, the parole board will review the inmates
HB 2313--Am. by HCW
                                     

 1  proposed release plan. The board may schedule a hearing if they
 2  desire. The board may impose any condition they deem necessary
 3  to insure public safety, aid in the reintegration of the inmate into
 4  the community, or items not completed under the agreement en-
 5  tered into under K.S.A. 75-5210a and amendments thereto. The
 6  board may not advance or delay an inmate's release date. Every
 7  inmate while on postrelease supervision shall remain in the legal
 8  custody of the secretary of corrections and is subject to the orders
 9  of the secretary.
10    [(j)  Within a reasonable time after an inmate is committed to
11  the custody of the secretary of corrections, a member of the Kansas
12  parole board, or a designee of the board, shall hold an initial in-
13  formational hearing with such inmate and other inmates.
14    [(k)  Before ordering the parole of any inmate, the Kansas pa-
15  role board shall have the inmate appear before it and shall inter-
16  view the inmate unless impractical because of the inmate's physical
17  or mental condition or absence from the institution. Every inmate
18  while on parole shall remain in the legal custody of the secretary
19  of corrections and is subject to the orders of the secretary. When-
20  ever the Kansas parole board formally considers placing an inmate
21  on parole and no agreement has been entered into with the inmate
22  under K.S.A. 75-5210a and amendments thereto, the board shall
23  notify the inmate in writing of the reasons for not granting parole.
24  If an agreement has been entered under K.S.A. 75-5210a and
25  amendments thereto and the inmate has not satisfactorily com-
26  pleted the programs specified in the agreement, or any revision of
27  such agreement, the board shall notify the inmate in writing of the
28  specific programs the inmate must satisfactorily complete before
29  parole will be granted. If parole is not granted only because of a
30  failure to satisfactorily complete such programs, the board shall
31  grant parole upon the secretary's certification that the inmate has
32  successfully completed such programs. If an agreement has been
33  entered under K.S.A. 75-5210a and amendments thereto and the
34  secretary of corrections has reported to the board in writing that
35  the inmate has satisfactorily completed the programs required by
36  such agreement, or any revision thereof, the board shall not re-
37  quire further program participation. However, if the board deter-
38  mines that other pertinent information regarding the inmate war-
39  rants the inmate's not being released on parole, the board shall
40  state in writing the reasons for not granting the parole. If parole
41  is denied for an inmate sentenced for a crime other than a class A
42  or class B felony or an off-grid felony, the board shall hold another
43  parole hearing for the inmate not later than one year after the
HB 2313--Am. by HCW
                                     

 1  denial unless the parole board finds that it is not reasonable to
 2  expect that parole would be granted at a hearing if held in the next
 3  three years or during the interim period of a deferral. In such case,
 4  the parole board may defer subsequent parole hearings for up to
 5  three years but any such deferral by the board shall require the
 6  board to state the basis for its findings.  If parole is denied for an
 7  inmate sentenced for a class A or class B felony or an off-grid fel-
 8  ony, the board shall hold another parole hearing for the inmate
 9  not later than three years after the denial unless the parole board
10  finds that it is not reasonable to expect that parole would be
11  granted at a hearing if held in the next 10 years or during the
12  interim period of a deferral. In such case, the parole board may
13  defer subsequent parole hearings for up to 10 years but any such
14  deferral shall require the board to state the basis for its findings.
15    [(l)  Parolees and persons on postrelease supervision shall be
16  assigned, upon release, to the appropriate level of supervision pur-
17  suant to the criteria established by the secretary of corrections.
18    [(m)  The Kansas parole board shall adopt rules and regulations
19  in accordance with K.S.A. 77-415 et seq., and amendments thereto,
20  not inconsistent with the law and as it may deem proper or nec-
21  essary, with respect to the conduct of parole hearings, postrelease
22  supervision reviews, revocation hearings, orders of restitution and
23  other conditions to be imposed upon parolees or releasees. When-
24  ever an order for parole or postrelease supervision is issued it shall
25  recite the conditions thereof.
26    [(n)  Whenever the Kansas parole board orders the parole of
27  an inmate or establishes conditions for an inmate placed on post-
28  release supervision, the board:
29    [(1)  Unless it finds compelling circumstances which would ren-
30  der a plan of payment unworkable, shall order as a condition of
31  parole or postrelease supervision that the parolee or the person
32  on postrelease supervision pay any transportation expenses re-
33  sulting from returning the parolee or the person on postrelease
34  supervision to this state to answer criminal charges or a warrant
35  for a violation of a condition of probation, assignment to a com-
36  munity correctional services program, parole, conditional release
37  or postrelease supervision;
38    [(2)  to the extent practicable, shall order as a condition of pa-
39  role or postrelease supervision that the parolee or the person on
40  postrelease supervision make progress towards or successfully
41  complete the equivalent of a secondary education if the inmate has
42  not previously completed such educational equivalent and is ca-
43  pable of doing so; and
HB 2313--Am. by HCW
                                     

 1    [(3)  may order that the parolee or person on postrelease su-
 2  pervision perform community or public service work for local gov-
 3  ernmental agencies, private corporations organized not-for-profit
 4  or charitable or social service organizations performing services
 5  for the community.
 6    [(o)  If the court which sentenced an inmate specified at the
 7  time of sentencing the amount and the recipient of any restitution
 8  ordered as a condition of parole or postrelease supervision, the
 9  Kansas parole board shall order as a condition of parole or post-
10  release supervision that the inmate pay restitution in the amount
11  and manner provided in the journal entry unless the board finds
12  compelling circumstances which would render a plan of restitution
13  unworkable. If the parolee was sentenced before July 1, 1986, and
14  the court did not specify at the time of sentencing the amount and
15  the recipient of any restitution ordered as a condition of parole,
16  the parole board shall order as a condition of parole that the pa-
17  rolee make restitution for the damage or loss caused by the par-
18  olee's crime in an amount and manner determined by the board
19  unless the board finds compelling circumstances which would ren-
20  der a plan of restitution unworkable. If the parolee was sentenced
21  on or after July 1, 1986, and the court did not specify at the time
22  of sentencing the amount and the recipient of any restitution or-
23  dered as a condition of parole or postrelease supervision, the pa-
24  role board shall not order restitution as a condition of parole or
25  postrelease supervision unless the board finds compelling circum-
26  stances which justify such an order.
27    [(p)  Whenever the Kansas parole board grants the parole of an
28  inmate, the board, within 10 days of the date of the decision to
29  grant parole, shall give written notice of the decision to the county
30  or district attorney of the county where the inmate was sentenced.
31    [(q)  When an inmate is to be released on postrelease supervi-
32  sion, the secretary, within 30 days prior to release, shall provide
33  the county or district attorney of the county where the inmate was
34  sentenced written notice of the release date.
35    [(r)  Inmates shall be released on postrelease supervision upon
36  the termination of the prison portion of their sentence. Time
37  served while on postrelease supervision will vest.
38    [(s)  An inmate who is allocated regular good time credits as
39  provided in K.S.A. 22-3725 and amendments thereto may receive
40  meritorious good time credits in increments of not more than 90
41  days per meritorious act. These credits may be awarded by the
42  secretary of corrections when an inmate has acted in a heroic or
43  outstanding manner in coming to the assistance of another person
HB 2313--Am. by HCW
                                     

 1  in a life threatening situation, preventing injury or death to a per-
 2  son, preventing the destruction of property or taking actions which
 3  result in a financial savings to the state.]
 4    Section 1 [2].  K.S.A. 1996 Supp. 74-7301 is hereby amended to read
 5  as follows: 74-7301. As used in this act:
 6    (a)  ``Allowance expense'' means reasonable charges incurred for rea-
 7  sonably needed products, services and accommodations, including those
 8  for medical care, rehabilitation, rehabilitative occupational training and
 9  other remedial treatment and care. Such term includes a total charge not
10  in excess of $2,000 for expenses in any way related to funeral, cremation
11  or burial; but such term shall not include that portion of a charge for a
12  room in a hospital, clinic, convalescent or nursing home or any other
13  institution engaged in providing nursing care and related services, in ex-
14  cess of a reasonable and customary charge for semi-private accommo-
15  dations, unless other accommodations are medically required.
16    (b)  ``Board'' means the crime victims compensation board established
17  under K.S.A. 74-7303 and amendments thereto.
18    (c)  ``Claimant'' means any of the following persons claiming compen-
19  sation under this act: A victim; a dependent of a deceased victim; a third
20  person other than a collateral source; or an authorized person acting on
21  behalf of any of them.
22    (d)  ``Collateral source'' means a source of benefits or advantages for
23  economic loss otherwise reparable under this act which the victim or
24  claimant has received, or which is readily available to the victim or claim-
25  ant, from:
26    (1)  The offender;
27    (2)  the government of the United States or any agency thereof, a state
28  or any of its political subdivisions or an instrumentality or two or more
29  states, unless the law providing for the benefits or advantages makes them
30  excess or secondary to benefits under this act;
31    (3)  social security, medicare and medicaid;
32    (4)  state-required temporary nonoccupational disability insurance;
33    (5)  workers' compensation;
34    (6)  wage continuation programs of any employer;
35    (7)  proceeds of a contract of insurance payable to the victim for loss
36  which the victim sustained because of the criminally injurious conduct;
37  or
38    (8)  a contract providing prepaid hospital and other health care serv-
39  ices or benefits for disability.
40    (e)  ``Criminally injurious conduct'' means conduct that: (1) (A) Oc-
41  curs or is attempted in this state or occurs to a person whose domicile is
42  in Kansas who is the victim of a violent crime which occurs in another
43  state, possession, or territory of the United States of America may make
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 1  an application for compensation if:
 2    (A) (i)  The crimes would be compensable had it occurred in the state
 3  of Kansas; and
 4    (B) (ii)  the places the crimes occurred are states, possessions or ter-
 5  ritories of the United States of America not having eligible crime victim
 6  compensation programs; (2)
 7    (B)  poses a substantial threat or personal injury or death; and (3)
 8    (C)  either is punishable by fine, imprisonment or death or would be
 9  so punishable but for the fact that the person engaging in the conduct
10  lacked capacity to commit the crime under the laws of this state.; or
11    (2)  is an act of terrorism, as defined in 18 U.S.C. 2331, committed
12  outside of the United States against a person whose domicile is in Kansas.
13    Such term shall not include conduct arising out of the ownership, main-
14  tenance or use of a motor vehicle, except for violations of K.S.A. 8-1567
15  and amendments thereto, or violations of municipal ordinances prohib-
16  iting the acts prohibited by that statute, or violations of K.S.A. 8-1602,
17  21-3404, 21-3405 and 21-3414 and amendments thereto or when such
18  conduct was intended to cause personal injury or death.
19    (f)  ``Dependent'' means a natural person wholly or partially depend-
20  ent upon the victim for care or support, and includes a child of the victim
21  born after the victim's death.
22    (g)  ``Dependent's economic loss'' means loss after decedent's death
23  of contributions of things of economic value to the decedent's depend-
24  ents, not including services they would have received from the decedent
25  if the decedent had not suffered the fatal injury, less expenses of the
26  dependents avoided by reason of decedent's death.
27    (h)  ``Dependent's replacement services loss'' means loss reasonably
28  incurred by dependents after decedent's death in obtaining ordinary and
29  necessary services in lieu of those the decedent would have performed
30  for their benefit if the decedent had not suffered the fatal injury, less
31  expenses of the dependents avoided by reason of decedent's death and
32  not subtracted in calculating dependent's economic loss.
33    (i)  ``Economic loss'' means economic detriment consisting only of al-
34  lowable expense, work loss, replacement services loss and, if injury causes
35  death, dependent's economic loss and dependent's replacement service
36  loss. Noneconomic detriment is not loss, but economic detriment is loss
37  although caused by pain and suffering or physical impairment.
38    (j)  ``Noneconomic detriment'' means pain, suffering, inconvenience,
39  physical impairment and nonpecuniary damage.
40    (k)  ``Replacement services loss'' means expenses reasonably incurred
41  in obtaining ordinary and necessary services in lieu of those the injured
42  person would have performed, not for income, but for the benefit of self
43  or family, if such person had not been injured.
HB 2313--Am. by HCW
                                     

 1    (l)  ``Work loss'' means loss of income from work the injured person
 2  would have performed if such person had not been injured, and expenses
 3  reasonably incurred by such person in obtaining services in lieu of those
 4  the person would have performed for income, reduced by any income
 5  from substitute work actually performed by such person or by income
 6  such person would have earned in available appropriate substitute work
 7  that the person was capable of performing but unreasonably failed to
 8  undertake.
 9    (m)  ``Victim'' means a person who suffers personal injury or death as
10  a result of: (1) Criminally injurious conduct; (2) the good faith effort of
11  any person to prevent criminally injurious conduct; or (3) the good faith
12  effort of any person to apprehend a person suspected of engaging in
13  criminally injurious conduct; or (4) an act of terrorism, as defined in 18
14  U.S.C. 2331, committed outside of the United States.
15    Sec. 2 [3].  K.S.A. 1996 Supp. [22-3717 and] 74-7301 is [are] hereby
16  repealed.
17    Sec. 3 [4].  This act shall take effect and be in force from and after
18  its publication in the Kansas register.