Kansas House Bill HB2306

Kansas 2025-2026 Regular Session

• Introduced: 2/5/25
• Refer: 2/5/25

Caption

Requiring a person convicted of involuntary manslaughter while driving under the influence to pay child support for any child of a person killed during the offense.

Summary

HB 2306 would require a court to order restitution in the form of child support when a person is convicted of involuntary manslaughter under the DUI-related provision of Kansas law and the victim was the parent of a minor child. The support would be paid to the surviving parent or guardian and would continue until each child turns 18 and graduates from high school, with the court directed to consider the child’s needs, the surviving caregiver’s resources, the child’s standard of living, and related factors when setting the amount. The bill also specifies how the support order would be enforced and how it would interact with other legal remedies. The restitution order would be treated as a judgment of restitution, and if the defendant is incarcerated and unable to pay, the bill gives the person up to one year after release to begin payments and establish a plan for any arrearage. It also prevents double recovery by providing that if a civil judgment is obtained first, the restitution order is not entered, and if restitution is entered first, any later civil judgment is offset by the amount already ordered.

Impact

HB 2306 would add a new restitution-based child support obligation to Kansas criminal sentencing law for a narrow class of offenses: involuntary manslaughter committed while driving under the influence. It would affect K.S.A. 21-5405(a)(3) and related restitution enforcement provisions by requiring courts to impose support payments for minor children of the deceased victim, while also referencing existing restitution and criminal judgment collection statutes. The bill would primarily affect convicted defendants, surviving parents or guardians, and minor children of victims, including children in state custody.

Sentiment

The available context suggests generally supportive or sympathetic sentiment toward the bill, as it was requested on behalf of named individuals and framed around providing financial support for children left behind after a DUI-related fatality. The bill’s purpose appears remedial and victim-centered, focusing on the needs of children rather than expanding punishment for its own sake. No committee transcript or vote record is available here, so there is no evidence of recorded opposition or debate in the provided materials.

Contention

The main points of potential contention are likely to be the mandatory nature of the support order, the use of criminal restitution to address what is partly a family-law obligation, and the treatment of defendants who are incarcerated or lack the ability to pay. Another possible issue is the interaction with civil lawsuits, since the bill bars duplicate recovery and offsets later judgments, which could raise questions about how victims’ families choose between civil and criminal remedies. The bill also leaves courts discretion to assess support amounts using multiple factors, which may prompt debate over consistency and fairness in application.