The bill establishes that no individual who is unlawfully present in the United States shall be eligible to receive any state or local public benefits, with the exception of those mandated by federal law under 8 U.S.C. 1621(b). It requires individuals aged 18 and older applying for public benefits to provide proof of citizenship or lawful presence in the U.S., which must include specific documentary evidence recognized by the division of motor vehicles. Additionally, state and local agencies are mandated to verify the lawful presence of applicants through the systematic alien verification for entitlements program operated by the Department of Homeland Security. The bill also clarifies that reduced tuition and fee amounts offered by postsecondary institutions are considered public benefits and are not available to individuals unlawfully present in the U.S.

Furthermore, the bill amends K.S.A. 22-2802 to include provisions for verifying the immigration status of individuals charged with a crime, establishing a rebuttable presumption that unlawfully present aliens are at risk of flight when determining bond conditions. It outlines various conditions that may be imposed on individuals released on bond, including supervision and restrictions on travel or contact with victims. The bill also includes a severability clause, ensuring that if any part of the act is deemed unconstitutional, the remaining provisions will still be valid. Lastly, it repeals K.S.A. 22-2802, indicating a significant overhaul of the existing law regarding the release of individuals charged with crimes.

Statutes affected:
As Introduced: 76-731a, 22-2802
As introduced: 76-731a, 22-2802