Previous | Next

§ 15. Victims' rights. (a) Victims of crime, as defined by law, shall be entitled to certain basic rights, including the right to be informed of and to be present at public hearings, as defined by law, of the criminal justice process, and to be heard at sentencing or at any other time deemed appropriate by the court, to the extent that these rights do not interfere with the constitutional or statutory rights of the accused.

(b) Nothing in this section shall be construed as creating a cause of action for money damages against the state, a county, a municipality, or any of the agencies, instrumentalities, or employees thereof. The legislature may provide for other remedies to ensure adequate enforcement of this section.

(c) Nothing in this section shall be construed to authorize a court to set aside or to void a finding of guilty or not guilty or an acceptance of a plea of guilty or to set aside any sentence imposed or any other final disposition in any criminal case.

History: L. 1992, ch. 343, § 1; November 3, 1992.

Law Review and Bar Journal References:

Victim Impact Evidence and Sentencing for Premeditated Murder in Kansas, Shannon E. Giles, 42 K.L.R. Crim. Pro. 55, 72 (1994).

Federal Constitutional Requirements Governing Trial, Sentencing and Direct Review in Capital Cases, Stephen McAllister, 64 J.K.B.A. No. 8, 20, 29 (1995).

What Every Lawyer Should Know About Crime Victims' Rights in Kansas, Suzanne Valdez, 80 J.K.B.A. No. 10, 24 (2011).

Attorney General's Opinions:

Open public records; criminal investigation records; invasion of personal privacy; victim specific information on alleged sexual offense. 92-149.

Victims' rights; applicability of notification requirements in municipal court actions. 93-30.

Victim impact statement does not attempt to improperly influence judge. 96-13.

CASE ANNOTATIONS

1. Whether victim must receive notice of sua sponte hearing regarding granting misdemeanant defendant parole examined. State v. Holt, 255 Kan. 416, 417, 419, 422, 874 P.2d 1183 (1994).

2. Whether judge's allowing victims' family's statements to be presented to jury at sentencing constituted reversible error examined. State v. Gideon, 257 Kan. 591, 606, 894 P.2d 850 (1995).

3. Inconsistency of family of victim's position on sentencing with prosecution not a breach of plea agreement or basis to withdraw plea. State v. Johnson, 258 Kan. 607, 612, 907 P.2d 140 (1995).

4. Nonvictim's and nonfamily members' ability to testify during sentencing not restricted hereunder or under K.S.A. 74-7333 et seq. State v. Parks, 265 Kan. 644, 962 P.2d 486 (1998).