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  REVISOR of STATUTES

  

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74-7333. Bill of rights for victims of crime. (a) In order to ensure the fair and compassionate treatment of victims of crime and to increase the effectiveness of the criminal justice system by affording victims of crime certain basic rights and considerations, victims of crime shall have the following rights:

(1) Victims should be treated with courtesy, compassion and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.

(2) Victims should receive, through formal and informal procedures, prompt and fair redress for the harm which they have suffered.

(3) Information regarding the availability of criminal restitution, recovery of damages in a civil cause of action, the crime victims compensation fund and other remedies and the mechanisms to obtain such remedies should be made available to victims.

(4) Information should be made available to victims about their participation in criminal proceedings and the scheduling, progress and ultimate disposition of the proceedings.

(5) The views and concerns of victims should be ascertained and the appropriate assistance provided throughout the criminal process.

(6) When the personal interests of victims are affected, the views or concerns of the victim should, when appropriate and consistent with criminal law and procedure, be brought to the attention of the court.

(7) Measures may be taken when necessary to provide for the safety of victims and their families and to protect them from intimidation and retaliation.

(8) Enhanced training should be made available to sensitize criminal justice personnel to the needs and concerns of victims and guidelines should be developed for this purpose.

(9) Victims should be informed of the availability of health and social services and other relevant assistance that they might continue to receive the necessary medical, psychological and social assistance through existing programs and services.

(10) Victims should report the crime and cooperate with law enforcement authorities.

(b) As used in this act, "victim" means any person who suffers direct or threatened physical, emotional or financial harm as the result of the commission or attempted commission of a crime against such person.

(c) As used in this act and as used in article 15 of section 15 of the Kansas constitution, the term "crime" shall not include violations of ordinances of cities except for violations of ordinances of cities which prohibit acts or omissions which are prohibited by articles 33, 34, 35 and 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or articles 53, 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 2022 Supp. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-6421, and amendments thereto, and as provided in subsection (d).

(d) The governing body of any city which has established a municipal court shall adopt policies which afford the rights granted to victims of crime pursuant to this act and pursuant to article 15 of section 15 of the Kansas constitution to victims of ordinance violations specified in such policies.

(e) Nothing in this act shall be construed as creating a cause of action on behalf of any person against the state, a county, a municipality or any of their agencies, instrumentalities or employees responsible for the enforcement of rights as provided in this act.

(f) This section shall be known and may be cited as the bill of rights for victims of crime act.

History: L. 1989, ch. 239, § 28; L. 1993, ch. 246, § 1; L. 2011, ch. 30, § 258; July 1.

Law Review and Bar Journal References:

"What Every Lawyer Should Know About Crime Victims' Rights in Kansas," Suzanne Valdez, 80 J.K.B.A. No. 10, 24 (2011).

Attorney General's Opinions:

Crime victims compensation board; definitions; victim; secondary victim. 92-26.

Open public records; criminal investigation records; invasion of personal privacy; victim specific information on alleged sexual offense. 92-149.

Victims' rights; applicability of notification requirements in municipal court actions. 93-30.

Victim impact statement does not attempt to improperly influence judge. 96-13.

CASE ANNOTATIONS

1. Whether victim must receive notice of sua sponte hearing regarding granting misdemeanant defendant parole examined. State v. Holt, 255 K. 416, 417, 874 P.2d 1183 (1994).

2. Nonvictim's and nonfamily members' ability to testify during sentencing not restricted hereunder or under Kansas Constitution, Art. 15, Sec. 15. State v. Parks, 265 K. 644, 962 P.2d 486 (1998).


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