KS SB346

Defendants in civil actions may allege the lawsuit is an "abusive civil action" filed primarily to harass or maliciously injure someone with whom the plaintiff has a current or former family, household, or dating relationship, triggering a mandatory court hearing.

Courts must dismiss abusive civil actions, award the defendant reasonable attorney fees and costs, and impose prefiling restrictions on the abusive plaintiff for 48 to 72 months.

A rebuttable presumption of abuse exists when substantially similar issues were dismissed against the plaintiff within 5 years, a related licensing board complaint was dismissed, or the plaintiff was sanctioned for frivolous filings within 10 years.

Plaintiffs subject to prefiling restrictions must obtain court permission before filing new civil actions, with a presumption that any proposed lawsuit against the same defendant is abusive.

If a court determines the abuse allegation was unfounded, the plaintiff may receive remedies including judgment in their favor plus attorney fees and costs.