Bill
HB 2155
HB 2155 clarifies that sheriffs and their official bonds are liable for jail custody acts, including deputies and jailers; strengthens accountability, effective May 1, 2025.
Status
- Approved by the Governor: April 9, 2025.
- Effective: bill was amended to be effective upon publication in the Kansas Register (per Senate Committee amendment); the enrolled copy indicates an effective date of May 1, 2025.
- Statute amended: K.S.A. 19-811 (existing section repealed and replaced).
Purpose and intent
- To clarify and confirm that county sheriffs — and the sureties on their official bonds — are legally liable for official acts relating to the charge and custody of county jails, including acts by deputies or jailers who perform those official duties. The change is intended to align the statute’s wording with comparable statutes and with Kansas case law.
Key provisions
- Amends K.S.A. 19-811 to read (substantively):
- “The sheriff shall have the charge and custody of the jail of the sheriff’s county, and all the prisoners in the jail, and shall keep such jail himself personally, or by a deputy or jailer, for whose acts the sheriff and sureties of the sheriff shall be liable.”
- Repeals the previous version of K.S.A. 19-811 and replaces it with the clarified text above.
- Makes technical/modernizing language changes (e.g., updated possessive/pronoun usage and explicit reference to liability for acts of deputies and jailers performing official duties).
Who/what is affected
- Sheriffs and their official sureties: the statute explicitly ties liability to official acts related to jail custody and management, including acts by deputies and jailers.
- Counties and county governments: potential exposure to claims against sheriffs’ offices, though the fiscal note indicates no anticipated fiscal impact on county governments.
- Incarcerated persons, visitors, staff, and others who might bring civil claims for harms tied to jail custody/management.
- Legal practitioners and courts: clarifies statutory basis for liability in related civil litigation.
Background & fiscal impact
- Bill was introduced at the request of the Kansas Sheriffs Association; proponents said it harmonizes statutory language with case law and similar statutes. The Kansas Trial Lawyers Association submitted written opposition in committee.
- Fiscal note: the Judicial Branch and the Kansas Association of Counties indicated enactment would have no fiscal effect on state judicial operations or county governments.
Procedural highlights
- Introduced: late January 2025 (committee request).
- Committee consideration: House and Senate Judiciary committees considered/approved the bill; Senate amendment made the bill effective upon publication in the Kansas Register.
- Enrolled and approved by Governor in April 2025; effective upon publication/May 1, 2025 per enrolled copy.
Implication in practice
- The change is primarily interpretive/clarifying: it strengthens the statutory foundation for holding sheriffs (and their sureties) accountable for official jail-related acts of deputies/jailers, reducing ambiguity about whether liability extends to those subordinate officials acting in the course of jail custody and management.
Compiled from official sources — confirm details with the bill’s official record.
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