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KS HB2326
Bill
Status
2/7/2025
Primary Sponsor
Corrections and Juvenile Justice
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AI Summary
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Adds physical custody of a minor child as a mitigating factor judges may consider when deciding whether to depart from presumptive sentencing guidelines, applying if the offender had custody either at sentencing or when the crime was committed
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Requires county or district attorneys to consider whether a defendant has physical custody of a minor child (or is a legal guardian/custodian with physical custody) when determining eligibility for diversion programs as an alternative to prosecution
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Applies to offenders who are biological parents with physical custody, as well as legal guardians or custodians with physical custody of minor children
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Amends K.S.A. 21-6815 (sentencing departures) and K.S.A. 22-2908 (diversion considerations) to incorporate parental/guardian custody status into criminal justice decision-making
Legislative Description
Adding consideration of whether the offender has physical custody of such offender's minor child or is a legal guardian or custodian with physical custody of a minor child to the factors considered for diversions and dispositional departures.
Last Action
House Referred to Committee on Judiciary
2/7/2025