CHAPTER 119 HOUSE BILL No. 2772 An Act concerning crime victims restitution; amending K.S.A. 19-4804 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 19-4804 is hereby amended to read as follows: 19-
4804. (a) An application for compensation shall be made in the manner
and form prescribed by the state crime victims compensation board. A
victim may seek compensation under this act whether or not an offender
has been charged with the crime which results in the victim's loss.

      (b) Compensation may not be awarded unless the crime has been
reported to an appropriate law enforcement agency within 72 hours after
its discovery and the claim has been filed with the local board within 60
days after the filing of such report, unless the local board finds there was
good cause for the failure to report such crime within the time required.

      (c) Compensation may not be awarded to a victim who was the of-
fender or an accomplice of the offender and may not be awarded to
another person if the award would unjustly benefit the offender or ac-
complice.

      (d) Compensation may not be awarded unless the local board finds
the victim has fully cooperated with appropriate law enforcement agen-
cies. The local board may deny, withdraw or reduce an award of com-
pensation for noncooperativeness.

      (e) Compensation otherwise payable to a victim shall be diminished:

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

      (2) to the extent a local board deems reasonable because of the con-
tributory misconduct of the victim.

      (f) Compensation may be awarded only if the local board finds a gen-
uine need is present.

      (g) No compensation payment may exceed $250 $500 if the property
crime results in a felony charge. If the crime is committed by a juvenile,
whether this subsection applies shall be determined on the basis of
whether a felony would be charged had the offender been an adult.

      (h) No compensation payment may exceed $150 $250 if the property
crime results in a misdemeanor or traffic charge. If the crime is commit-
ted by a juvenile, whether this subsection applies shall be determined on
the basis of whether a misdemeanor would be charged had the offender
been an adult. If the original crime charged was a felony and through
plea negotiations the adult or juvenile offender is charged with and pleads
guilty or nolo contendere to a misdemeanor, in the discretion of the local
board, subsection (g) limits may apply to the compensation payment.

      (i) If extraordinary circumstances are present and subject to the
requirements imposed by subsection (c) of K.S.A. 19-4803 and amend-
ments thereto, the local board may exceed the amounts in subsections (g)
and (h).

      (j) Compensation for work loss or personal injury due to criminally
injurious conduct shall be governed by K.S.A. 74-7301 et seq. and amend-
ments thereto, and rules and regulations promulgated by the state crime
victims compensation board for that purpose. No local board may dupli-
cate compensation for criminally injurious conduct through payments un-
der this act.

      (k) The local board may determine a floor amount of compensation
which would be administratively wasteful. Once such an amount is chosen
it shall be made public and must be uniformly applied to all persons filing
claims with the local board.

      (l) The local board may provide written policy for the handling of an
expedited claims process where prompt assistance and payment of serv-
ices needed to repair property damage is needed to thwart the possibility
of the onset of illness or disease to the victim or victim's family, and where
the victim has no other means of paying for such services.

      (m) No award made pursuant to this act shall be subject to execution,
attachment, garnishment or other legal process, except that an award for
allowable expenses shall not be exempt from a claim of a creditor to the
extent the creditor has provided products, services or accommodations
the costs of which are included in the payment made pursuant to this act.

      (n) No assignment or agreement to assign any right to compensation
for loss under this act shall be enforceable in this state.

      (o) No local fund shall pay any single individual or such individual's
immediate family member compensation on more than two claims within
a given fiscal year.

      (p) No claim shall be paid from the local fund to any corporation,
partnership or other business entity or governmental entity.

      (q) No claim shall be allowed unless the crime charged is pursuant
to article 37 of chapter 21 of Kansas Statutes Annotated or similar crimes
in county or municipal penal codes. If the crime charged is pursuant to
K.S.A. 21-3707, 21-3708, 21-3722, 21-3725, 21-3734, 21-3736, 21-3737,
21-3739, 21-3748, 21-3749, 21-3750, 21-3753, 21-3754 and 21-3756 and
amendments thereto, no claim for compensation under this act shall be
allowed. In addition to claims that may be made for criminally injurious
conduct with the state crime victims compensation board, a claim for
compensation for property damage may be allowed under this act for
crimes charged under K.S.A. 21-3418, 21-3426 or 21-3427 and amend-
ments thereto.

      (r) (q) Payment or payments made from a local fund under this act
shall not limit, impair or preclude the ability of a court or the parole board
to order restitution, and prescribe the manner and conditions of payment
of restitution, as allowed by law.

 Sec.  2. K.S.A. 19-4804 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 19, 2000.
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