This bill mandates that individuals convicted of offenses leading to the incapacitation or death of a victim who is a parent or guardian of a minor child must pay restitution in the form of child support. The court is required to order the defendant to provide reasonable and necessary support for each minor child until they reach 18 years of age and have graduated from high school. The bill outlines various factors the court must consider when determining the amount of support, including the child's age, financial needs, and the standard of living to which the child is accustomed.
Additionally, the bill stipulates that support payments will be made to the child's surviving parent or guardian and enforced as a judgment of restitution. It also includes provisions regarding civil actions, stating that if the victim or their family obtains a judgment in a civil action before the court orders restitution, the restitution will not be ordered. If restitution is ordered and a subsequent civil judgment is obtained, the restitution amount will be offset by the civil judgment. This act is intended to supplement the Kansas code of criminal procedure.