K.S.A. § 74-7305 — KS Code / Chapter 74 / Article 73 / Section 74-7305
74-7305 - Claims for compensation; application; conditions; limitations; amount.
Status: in_force

74-7305. Claims for compensation; application; conditions; limitations; amount. (a) An application for compensation shall be made in the manner and form prescribed by the crime victims compensation division created by K.S.A. 75-773, and amendments thereto.

(b) (1) Compensation may not be awarded unless an application has been filed with the division within 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:

(A) Enticement of a child as defined in K.S.A. 21-3509, prior to its repeal;

(B) human trafficking as defined in K.S.A. 21-3446, prior to its repeal, or K.S.A. 21-5426(a), and amendments thereto;

(C) aggravated human trafficking as defined in K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto; or

(D) a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto.

(2) For all other incidents of criminally injurious conduct, compensation may not be awarded unless:

(A) The claim has been filed with the division within five years after the injury or death upon which the claim is based;

(B) in a case where a victim who is notified that DNA testing of a sexual assault kit or other evidence has revealed a DNA profile of a suspected offender who victimized the victim or the victim on whose behalf the claim is made, or is notified of the identification of a suspected offender who victimized the victim or the victim on whose behalf the claim is made, the claim has been filed with the division within two years of such notification;

(C) the board finds that compensation may be awarded to:

(i) A victim as defined in K.S.A. 74-7301(m)(4), and amendments thereto, if the claim has been filed before the victim turns 19 years of age;

(ii) a victim of a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto, if:

(a) The claim has been filed with the division within 10 years after the date such crime was committed; or

(b) the victim was less than 18 years of age at the time such crime was committed, and the claim has been filed within 10 years after the date the victim turns 18 years of age; or

(iii) a victim 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 victim or the victim on whose behalf the claim is made, if the claim has been filed with the division within two years of such testimony; or

(D) the board determines that denying compensation would be a severe injustice to the victim.

(3) If more than one of the time limitations described in subsection (b)(1) or (b)(2) apply to a victim, the longest time limitation to file a claim shall apply to the victim.

(c) 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.

(d) (1) Compensation otherwise payable to a claimant shall be reduced or denied to the extent, if any, that the:

(A) Economic loss upon which the claimant's claim is based is recouped from other persons, including collateral sources;

(B) board deems reasonable because of the contributory misconduct of the claimant or of a victim through whom the claimant claims; or

(C) board deems reasonable, because the victim was likely engaging in, or attempting to engage in, unlawful activity at the time of the crime upon which the claim for compensation is based.

(2) The provisions of subsection (d)(1)(C) shall not be construed to reduce or deny compensation to a victim of domestic abuse or sexual assault.

(e) 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 suffers 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 the totality of the circumstances based on the following factors:

(1) The number of the 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;

(5) the claimant's resources; and

(6) other factors deemed appropriate by the board.

(f) Compensation may not be awarded unless:

(1) The criminally injurious conduct resulting in injury or death was reported to a law enforcement officer within 72 hours after the occurrence of the criminally injurious conduct;

(2) the victim obtained a forensic medical examination within seven days after the occurrence of the criminally injurious conduct; or

(3) the board finds there was good cause for the failure to report or obtain an examination within the time limits provided in this subsection.

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

(h) Compensation for work loss, replacement services loss, dependent's economic loss and dependent's replacement service loss may not exceed $800 per week or actual loss, whichever is less. Compensation for work loss for a victim of human trafficking or aggravated human trafficking as defined in K.S.A. 21-5426, and amendments thereto, shall be awarded in an amount not less than $350 per week and not more than $800 per week.

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

(j) Nothing in subsections (d)(1)(B), (d)(1)(C), (f) and (g) shall be construed to reduce or deny compensation to a victim of human trafficking or aggravated human trafficking as defined in K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child as defined in K.S.A. 21-6422, and amendments thereto, who was 18 years of age or younger at the time the crime was committed and is otherwise qualified for compensation.