SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2127
As Recommended by Senate Committee on
Judiciary

Brief*
Senate Sub. for HB 2127 would permit a criminal
prosecution for childhood sexual abuse to be commenced at
any time, extend the time to file a civil action for recovery of
damages resulting from childhood sexual abuse, and provide
exceptions in the Kansas Tort Claims Act (KTCA) for claims
arising from such abuse.

Criminal Prosecution (Section 2)
The bill would add the crime of childhood sexual abuse,
as defined by the bill, to the list off crimes in which a criminal
prosecution may commenced at any time. [Note: Current law
provides that the prosecution for the crimes of rape,
aggravated criminal sodomy, murder, terrorism, or illegal use
of weapons of mass destruction may be prosecuted at any
time.]
For the purposes of the bill, “childhood sexual abuse”
would mean any of the following crimes, as defined by the
Kansas Criminal Code, when the victim is under 18 years of
age:
● Indecent liberties with a child or aggravated
indecent liberties with a child;
● Criminal sodomy;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● Enticement of a child;
● Indecent solicitation of a child or aggravated
indecent solicitation of a child;
● Sexual exploitation of a child;
● Aggravated sexual battery;
● Aggravated incest;
● Aggravated human trafficking, if committed in
whole or in part for the purpose of the sexual
gratification of the defendant or another;
● Internet trading in child pornography or aggravated
internet trading in child pornography; or
● Commercial sexual exploitation of a child.
Limitations on Civil Actions (Section 3)
The bill would amend law governing the limitations on
civil actions for recovery of damages suffered as a result of
childhood sexual abuse to allow such actions be commenced
within the following time frames, whichever occurs later:
● No more than 13 years after the date the victim
turns 18 years of age; or
● No more than three years after the date of a
criminal conviction for a crime related to childhood
sexual abuse, as specified by the bill.
Under current law, such actions may be brought no
more than three years after the victim turns 18, or no more
than three years after the person discovers or reasonably
should have discovered that the injury or illness was caused
by childhood sexual abuse.

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 In addition, the bill would clarify that the damages
recovered for childhood sexual abuse would include those for
illness or injury suffered as a result of such abuse, would
remove language concerning the discovery of the injury or
illness that was caused by childhood sexual abuse to reflect
the amendments made by the bill, and would make a
technical amendment to remove a reference to actions
pending on July 1, 1992.

Kansas Tort Claims Act (Sections 1, 4, and 5)
Written Notice of Claim Against Municipality (Section 1)
The bill would amend law governing the procedure for
payment of claims against a municipality to exempt civil
childhood sexual abuse claims from the general requirement
that persons with claims against a municipality or its
employees under the KTCA must provide a written notice of
such claims before commencing an action as provided by the
section.
Exceptions (Section 4)
The bill would amend law governing exceptions from
liability under the KTCA for a governmental entity or an
employee acting within the scope of the employee’s
employment to allow claims related to childhood sexual
abuse in the following circumstances:
● For injuries resulting from the use of any public
property intended or permitted to be used as a
park, playground, or open area for recreational
purposes, if the employee of the governmental
entity commits childhood sexual abuse; and
● For claims arising from providing a juvenile justice
program to juvenile offenders also involves a claim
for childhood sexual abuse.

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 The bill would state certain exceptions to liability
specified in the KTCA would not be construed to preclude
prohibit, or otherwise limit, a claim for damages arising from
childhood sexual abuse.
In addition, in determining the question of a
governmental entity’s negligence, the trier of fact could
consider:
● Failure of a governmental entity to adopt or enforce
a policy, regulation, or law related to childhood
sexual abuse; and
● Failure to exercise reasonable discretion in the
supervision of a governmental employee who
commits childhood sexual abuse.
Maximum Liability for Claims; Punitive or Exemplary
Damages (Section 5)
The bill would specify any claim for recovery of
damages against a governmental entity arising from
childhood sexual abuse would not be subject to provisions in
the KTCA limiting liability to $500,000 for claims arising out of
a single occurrence. Childhood sexual abuse claims against a
governmental entity would also not be subject to the general
prohibition on punitive or exemplary damages or awards for
pre-judgment interest in claims within the scope of the KTCA.

Technical Amendments
The bill would make technical changes to ensure
consistency in statutory phrasing.

Background
The Senate Committee on Judiciary recommended a
substitute bill containing modified contents of SB 317,

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pertaining to criminal and civil actions for childhood sexual
abuse.. [Note: The provisions of HB 2127 were not retained in
the substitute bill, but are contained in HB 2130, as amended
by the Senate Committee on Judiciary.]

SB 317
Senate Committee on Judiciary
In the Senate Committee hearing on March 23, 2023,
Senator Reddi and representatives of the Child USA and the
Metropolitan Organization to Counter Sexual Assault provided
proponent testimony. Twelve private citizens also testified as
proponents, sharing their stories of childhood sexual abuse
and expressing support for the bill’s expansion of criminal and
civil liability for perpetrators of childhood sexual abuse.
Written-only proponent testimony was provided by Senator
Holscher, a representative of the Kansas Coalition Against
Sexual and Domestic Violence, and four private citizens.
Written-only neutral testimony was provided by
representatives of the Kansas Association of Property and
Casualty Insurance Companies, the Kansas Bar Association,
and the League of Kansas Municipalities.
No other testimony was provided.
The Senate Committee amendments:
● Clarify a civil action for recovery of damages
suffered as a result of childhood sexual abuse
could include damages for an injury or illness
related to such abuse;
● Reinsert a definition of “injury or illness” in the
section governing limitations on civil actions; and
● Modify the list of crimes specified in the section
governing limitations on civil actions to mirror those
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 crimes specified in the section governing criminal
prosecutions.
The Senate Committee recommended a substitute bill
incorporating its amendments to SB 317.

Fiscal Information

SB 317
According to the fiscal note prepared by the Division of
the Budget on SB 317, as introduced, the Office of Judicial
Administration (OJA) states enactment of the bill could
increase the number of cases filed in district court, which
would increase the time spent by judges and court employees
processing and hearing cases. OJA also states enactment of
the bill could result in the collection of docket fees in those
cases filed under the bill’s provisions, which would be
credited to the State General Fund. OJA states a fiscal effect
cannot be estimated until the Judicial Branch has had an
opportunity to operate under the bill’s provisions.
The Office of the Attorney General states the agency is
unable to estimate a fiscal effect as a result of any future civil
lawsuits that could be filed against the state related to
childhood sexual abuse. The agency also indicates because
of the removal of damage caps, there could also be a fiscal
effect on the Tort Claims Fund; however, the agency is not
able to estimate a precise fiscal effect.
The Kansas Sentencing Commission estimates that
enactment of the bill could increase prison admissions and
the number of beds needed, but a precise effect cannot be
determined. Any fiscal effect associated with the bill is not
reflected in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties states there could
be increased costs related to prosecutions; however, the

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Association does not have enough information to estimate a
fiscal effect related to prosecution expenditures.
The League of Kansas Municipalities declined the
Division of the Budget’s request for a fiscal effect.
Childhood sexual abuse; statute of limitations; prosecution; crimes; civil actions;
Kansas Tort Claims Act


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Statutes affected:
As introduced: 59-2209, 59-2308
S Sub for: 21-5107, 60-523, 12-105b, 75-6104, 75-6105
Enrolled - Law effective July 1, 2023: 21-5107, 60-523, 12-105b, 75-6104, 75-6105
Enrolled: 21-5107, 60-523, 12-105b, 75-6104, 75-6105