Summary — HB 2306 (Kansas) — Child support restitution for involuntary manslaughter while DUI
Status and timeline
- Introduced: January 31, 2025 (filed with Clerk).
- Committee: Originally referred to House Committee on Judiciary.
- Legislative actions (final): Passed both chambers; sent to Governor May 28, 2025; signed by the Governor June 20, 2025; effective September 1, 2025.
Purpose / Intent
- Require courts to order restitution in the form of child support when a person is convicted of involuntary manslaughter arising from driving under the influence and the victim was a parent of a minor child. The intent is to ensure minors who lose a parent in such criminal conduct receive reasonable and necessary financial support from the offender.
Key provisions
- Mandatory restitution: If convicted of involuntary manslaughter (K.S.A. 21-5405(a)(3)) and the victim was the parent of a minor, the court shall order the defendant to pay restitution in the form of “reasonable and necessary support” for each minor child.
- Duration: Support continues until each minor reaches age 18 and graduates high school, or until the graduating class of which the child is a member at age 18 graduates.
- Factors for setting amount: The court must consider relevant factors including:
- child’s age; financial needs and resources of the child;
- financial resources/needs of the surviving parent or guardian (or the State if child is in DCF custody);
- child’s accustomed standard of living; physical/emotional condition and educational needs;
- custody/residency and reasonable child care expenses.
- Payment recipient and enforcement: Payments are to be made to the surviving parent or guardian and enforced as a judgment of restitution (cites K.S.A. 20-169 and K.S.A. 2024 Supp. 21-6604(b)(2)).
- Incarcerated defendants: If incarcerated and unable to pay, the defendant has up to one year after release to begin payments and create a payment plan to address arrears; payments continue until full repayment.
- Interaction with civil suits:
- If a surviving parent obtains a civil judgment against the defendant before a restitution order is entered, the court shall not order the restitution described here.
- If restitution is ordered first and a later civil judgment is obtained, the restitution amount is offset by the civil judgment amount.
Who is affected
- Primary: Persons convicted of involuntary manslaughter while driving under the influence (obligated to pay the ordered support).
- Beneficiaries: Minor children of the killed parent and their surviving parent or guardian (or State if child is in DCF custody).
- Courts: Local trial courts (to set amounts and enforce restitution).
- State agencies: Department for Children and Families (DCF) reported no fiscal effect; Title IV-D child support services are not intended to establish these restitution orders.
Fiscal and administrative impact
- Division of the Budget fiscal note (Feb 16, 2025): No significant state fiscal impact expected. DCF: no fiscal effect. Judicial Branch: negligible effect on expenditures. Restitution enforcement generally handled by local courts. The fiscal note cited limited available data on how many DUI fatalities involve parents or affect children.
Limitations / operational notes
- The statute frames support as restitution in a criminal case rather than a traditional civil child-support order, and it defers to courts to set amounts using the listed factors.
- The bill provides an offset and pre-emption rule relative to civil judgments to avoid double recovery.
- Practical enforcement and data on scope (number of affected children) are uncertain; local courts will handle enforcement and collection.
