HOUSE BILL No. 2789

      An Act concerning crime victims; relating to compensation and allowance expense from
      the crime victims compensation board; relating to the filing of applications; amending
      K.S.A. 1997 Supp. 74-7301 and 74-7305 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 74-7301 is hereby amended to read as
follows: 74-7301. As used in this act:

    (a) ``Allowance expense'' means reasonable charges incurred for rea-
sonably needed products, services and accommodations, including those
for medical care, rehabilitation, rehabilitative occupational training and
other remedial treatment and care and for the replacement of items of
clothing or bedding which were seized for evidence. Such term includes
a total charge not in excess of $2,000 $5,000 for expenses in any way
related to funeral, cremation or burial; but such term shall not include
that portion of a charge for a room in a hospital, clinic, convalescent or
nursing home or any other institution engaged in providing nursing care
and related services, in excess of a reasonable and customary charge for
semi-private accommodations, unless other accommodations are medi-
cally required.

    (b) ``Board'' means the crime victims compensation board established
under K.S.A. 74-7303 and amendments thereto.

    (c) ``Claimant'' means any of the following persons claiming compen-
sation under this act: A victim; a dependent of a deceased victim; a third
person other than a collateral source; or an authorized person acting on
behalf of any of them.

    (d) ``Collateral source'' means a source of benefits or advantages for
economic loss otherwise reparable under this act which the victim or
claimant has received, or which is readily available to the victim or claim-
ant, from:

    (1) The offender;

    (2) the government of the United States or any agency thereof, a state
or any of its political subdivisions or an instrumentality or two or more
states, unless the law providing for the benefits or advantages makes them
excess or secondary to benefits under this act;

    (3) social security, medicare and medicaid;

    (4) state-required temporary nonoccupational disability insurance;

    (5) workers' compensation;

    (6) wage continuation programs of any employer;

    (7) proceeds of a contract of insurance payable to the victim for loss
which the victim sustained because of the criminally injurious conduct;
or

    (8) a contract providing prepaid hospital and other health care serv-
ices or benefits for disability.

    (e) ``Criminally injurious conduct'' means conduct that: (1) (A) Oc-
curs or is attempted in this state or occurs to a person whose domicile is
in Kansas who is the victim of a violent crime which occurs in another
state, possession, or territory of the United States of America may make
an application for compensation if:

    (i) The crimes would be compensable had it occurred in the state of
Kansas; and

    (ii) the places the crimes occurred are states, possessions or territories
of the United States of America not having eligible crime victim com-
pensation programs;

    (B) poses a substantial threat or personal injury or death; and

    (C) either is punishable by fine, imprisonment or death or would be
so punishable but for the fact that the person engaging in the conduct
lacked capacity to commit the crime under the laws of this state; or

    (2) is an act of terrorism, as defined in 18 U.S.C. 2331, committed
outside of the United States against a person whose domicile is in Kansas.

    Such term shall not include conduct arising out of the ownership, main-
tenance or use of a motor vehicle, except for violations of K.S.A. 8-1567
and amendments thereto, or violations of municipal ordinances prohib-
iting the acts prohibited by that statute, or violations of K.S.A. 8-1602,
21-3404, 21-3405 and 21-3414 and amendments thereto or when such
conduct was intended to cause personal injury or death.

    (f) ``Dependent'' means a natural person wholly or partially depend-
ent upon the victim for care or support, and includes a child of the victim
born after the victim's death.

    (g) ``Dependent's economic loss'' means loss after decedent's death
of contributions of things of economic value to the decedent's depend-
ents, not including services they would have received from the decedent
if the decedent had not suffered the fatal injury, less expenses of the
dependents avoided by reason of decedent's death.

    (h) ``Dependent's replacement services loss'' means loss reasonably
incurred by dependents after decedent's death in obtaining ordinary and
necessary services in lieu of those the decedent would have performed
for their benefit if the decedent had not suffered the fatal injury, less
expenses of the dependents avoided by reason of decedent's death and
not subtracted in calculating dependent's economic loss.

    (i) ``Economic loss'' means economic detriment consisting only of al-
lowable expense, work loss, replacement services loss and, if injury causes
death, dependent's economic loss and dependent's replacement service
loss. Noneconomic detriment is not loss, but economic detriment is loss
although caused by pain and suffering or physical impairment.

    (j) ``Noneconomic detriment'' means pain, suffering, inconvenience,
physical impairment and nonpecuniary damage.

    (k) ``Replacement services loss'' means expenses reasonably incurred
in obtaining ordinary and necessary services in lieu of those the injured
person would have performed, not for income, but for the benefit of self
or family, if such person had not been injured.

    (l) ``Work loss'' means loss of income from work the injured person
would have performed if such person had not been injured, and expenses
reasonably incurred by such person in obtaining services in lieu of those
the person would have performed for income, reduced by any income
from substitute work actually performed by such person or by income
such person would have earned in available appropriate substitute work
that the person was capable of performing but unreasonably failed to
undertake.

    (m) ``Victim'' means a person who suffers personal injury or death as
a result of: (1) Criminally injurious conduct; (2) the good faith effort of
any person to prevent criminally injurious conduct; (3) the good faith
effort of any person to apprehend a person suspected of engaging in
criminally injurious conduct; or (4) an act of terrorism, as defined in 18
U.S.C. 2331, committed outside of the United States.

    Sec. 2. K.S.A. 1997 Supp. 74-7305 is hereby amended to read as
follows: 74-7305. (a) An application for compensation shall be made in
the manner and form prescribed by the board.

    (b) Compensation may not be awarded unless an application has been
filed with the board within one year two years of the reporting of the
incident to law enforcement officials if the victim was less than 16 years
of age and the injury or death is the result of any of the following crimes:
(1) Indecent liberties with a child as defined in K.S.A. 21-3503 and
amendments thereto; (2) aggravated indecent liberties with a child as
defined in K.S.A. 21-3504 and amendments thereto; (3) aggravated crim-
inal sodomy as defined in K.S.A. 21-3506 and amendments thereto; (4)
enticement of a child as defined in K.S.A. 21-3509 and amendments
thereto; (5) indecent solicitation of a child as defined in K.S.A. 21-3510
and amendments thereto; (6) aggravated indecent solicitation of a child
as defined in K.S.A. 21-3511 and amendments thereto; (7) sexual exploi-
tation of a child as defined in K.S.A. 21-3516 and amendments thereto;
or (8) aggravated incest as defined in K.S.A. 21-3603 and amendments
thereto. Compensation for mental health counseling may be awarded, if
a claim is filed within two years of testimony, to a claimant who is, or
will be, required to testify in a sexually violent predator commitment,
pursuant to article 29a of chapter 59 of the Kansas Statutes Annotated,
and amendments thereto, of an offender who victimized the claimant or
the victim on whose behalf the claim is made. For all other incidents of
criminally injurious conduct, compensation may not be awarded unless
the claim has been filed with the board within one year two years after
the injury or death upon which the claim is based. Compensation may
not be awarded to a claimant who was the offender or an accomplice of
the offender and may not be awarded to another person if the award
would unjustly benefit the offender or accomplice.

    (c) Compensation otherwise payable to a claimant shall be dimin-
ished:

    (1) To the extent, if any, that the economic loss upon which the claim-
ant's claim is based is recouped from other persons, including collateral
sources; and

    (2) to the extent, if any, that the board deems reasonable because of
the contributory misconduct of the claimant or of a victim through whom
the claimant claims.

    (d) Compensation may be awarded only if the board finds that unless
the claimant is awarded compensation the claimant will suffer financial
stress as the result of economic loss otherwise reparable. A claimant suf-
fers financial stress only if the claimant cannot maintain the claimant's
customary level of health, safety and education for self and dependents
without undue financial hardship. In making its determination of financial
stress, the board shall consider all relevant factors, including:

    (1) The number of claimant's dependents;

    (2) the usual living expenses of the claimant and the claimant's family;

    (3) the special needs of the claimant and the claimant's dependents;

    (4) the claimant's income and potential earning capacity; and

    (5) the claimant's resources.

    (e) Compensation may not be awarded unless the criminally injurious
conduct resulting in injury or death was reported to a law enforcement
officer within 72 hours after its occurrence or the board finds there was
good cause for the failure to report within that time.

    (f) The board, upon finding that the claimant or victim has not fully
cooperated with appropriate law enforcement agencies, may deny, with-
draw or reduce an award of compensation.

    (g) Except in K.S.A. 21-3602 or 21-3603 or cases of sex offenses es-
tablished in article 35 of chapter 21, of the Kansas Statutes Annotated,
and amendments thereto, compensation may not be awarded if the eco-
nomic loss is less than $100.

    (h) Compensation for work loss, replacement services loss, depend-
ent's economic loss and dependent's replacement service loss may not
exceed $200 $400 per week or actual loss, whichever is less.

    (i) Compensation payable to a victim and to all other claimants sus-
taining economic loss because of injury to or death of that victim may not
exceed $25,000 in the aggregate.

    Sec. 3. K.S.A. 1997 Supp. 74-7301 and 74-7305 are hereby repealed.

    Sec. 4. 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

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Speaker of the House.

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Chief Clerk of the House.

Passed the Senate __________________________

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President of the Senate

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Secretary of the Senate.

Aproved __________________________________

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Governor.