SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2082
As Amended by Senate Committee on Judiciary

Brief*
HB 2082, as amended, would amend law related to the
Crime Victims Compensation Board (Board) compensation
award process, as follows.
The bill would amend the definition of “victim” for
purposes of the Board compensation award process to
include a person who suffers personal injury or death as a
result of witnessing a violent crime when the person was 16
years of age or younger at the time the crime was committed.
Under continuing law, the general rule is a claim for
compensation must be filed within two years after the injury or
death upon which the claim is based.
Current law provides an extended deadline for filing an
application for compensation by persons under the age of 16
who are victims of certain crimes. The bill would expand the
listing of these crimes by adding a reference to a separate
listing of “sexually violent crimes” in continuing law. The bill
would accordingly remove references to specific crimes
already incorporated in the listing of sexually violent crimes.
The bill would also broaden exceptions providing an
extended deadline for compensation for mental health
counseling to be awarded.


____________________
*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
 Current law allows mental health counseling
compensation to be awarded if a claim is filed within two
years of:
● Testimony, to a claimant who is or will be required
to testify in a sexually violent predator commitment
of an offender who victimized the claimant or the
victim on whose behalf the claim is made; or
● Notification, to a claimant who is notified that DNA
testing of a sexual assault kit or other evidence has
revealed a DNA profile of a suspected offender
who victimized the claimant or the victim on whose
behalf the claim is made or is notified of the
identification of a suspected offender who
victimized the claimant or the victim on whose
behalf the claim is made, whichever occurs later.
The bill would replace these specific exceptions with a
provision allowing the Board to award compensation for
mental health counseling to:
● A victim under the bill’s amended definition
pertaining to witnesses of violent crimes if the
Board finds there was good cause for the failure to
file within the required time periods and the claim is
filed before the victim turns 19 years of age; or
● A victim of a sexually violent crime if the Board
finds there was good cause for the failure to file
within the required time periods and the claim is
filed within 10 years of the date such crime was
committed, or, if the victim was less than 18 years
of age at the time such crime was committed, the
claim is filed within 10 years of the date the victim
turns 18 years of age.
The bill would make technical amendments to ensure
consistency in statutory phrasing and references.

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Background
The bill was introduced by the House Committee on
Judiciary at the request of a representative of the Office of the
Attorney General.

House Committee on Judiciary
In the House Committee hearing on January 25, 2021,
proponent testimony was provided by a representative of the
Board. The representative stated the bill would allow the
Board to award compensation for applicants filing outside the
two-year deadline if there is good cause, while current law
would require the Board to deny such a request. The
representative also stated the amendment to the definition of
“victim” would make child witnesses of violent crimes eligible
to receive compensation for mental health counseling.
No neutral or opponent testimony was provided.

Senate Committee on Judiciary
In the Senate Committee hearing on March 19, 2021,
proponent testimony was provided by a representative of the
Board.
No neutral or opponent testimony was provided.
On March 29, 2021, the Senate Committee amended
the bill to adjust provisions regarding compensation for
mental health counseling.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Attorney General
indicates enactment of the bill could increase the claims and
payments made to victims of sexually violent crimes and child
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witnesses of violent crimes for mental health counseling. The
agency is unable to provide an estimate of the number of
additional claims that would be filed or paid. Any fiscal effect
associated with enactment of the bill is not reflected in The
FY 2022 Governor’s Budget Report.
Crime Victims Compensation Board; child witnesses; child victims; claim filing
deadline


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Statutes affected:
As introduced: 74-7301, 74-7305
As Amended by Senate Committee: 74-7301, 74-7305