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74-7335. Victim of crime; notification of public hearing. (a) The victim of a crime or the victim's family shall be notified of the right to be present at any public hearing or any juvenile offender proceeding concerning the accused or the convicted person or the respondent or the juvenile offender.

(b) The victim of a crime or the victim's family shall be notified of the right to be present at any proceeding or hearing where probation or parole is considered or granted by a judge whether or not a public hearing is conducted or required.

(c) As used in this section: (1) "Public hearing" means any court proceeding or administrative hearing which is open to the public and shall include but not be limited to the:

(A) Preliminary hearing;

(B) trial;

(C) sentencing;

(D) sentencing modification;

(E) public comment sessions, pursuant to K.S.A. 22-3717, and amendments thereto;

(F) expungement hearing; and

(G) granting of probation or parole by a judge.

(2) "Victim's family" means a spouse, surviving spouse, children, parents, legal guardian, siblings, stepparent or grandparents.

(3) "Juvenile offender proceedings" means any hearing concerning a juvenile pursuant to the revised Kansas juvenile justice code.

(d) The city, county or district attorney or municipal court clerk shall notify any victim of the crime who is alive and whose address is known to the city, county or district attorney or municipal court clerk or, if the victim is deceased, to the victim's family if the family's address is known to such attorney or clerk.

(e) Costs of transportation for the victim to appear shall be borne by the victim unless the appearance is required pursuant to a subpoena or other order of the court.

History: L. 1989, ch. 239, § 30; L. 1993, ch. 246, § 2; L. 1995, ch. 243, § 7; L. 1996, ch. 229, § 125; L. 2006, ch. 169, § 121; January 1, 2007.

Attorney General's Opinions:

Notification of public hearing to crime victim; juvenile offenders aged 16 or over. 90-54.

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

CASE ANNOTATIONS

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

2. Whether section mandates a hearing on motions to modify examined. State v. Sims, 256 K. 533, 543, 887 P.2d 72 (1994).

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 K. 607, 612, 907 P.2d 140 (1995).

4. Victim has a right to be present during readback of victim's testimony subject to trial court rules of conduct. State v. Crane, 260 K. 208, 219, 918 P.2d 1256 (1996).

5. Trial court denial of sequestration of witness-victim and defendant not an abuse of discretion. State v. Heath, 264 K. 557, 589, 957 P.2d 449 (1998).

6. Nonvictim's and nonfamily members' ability to testify during sentencing not restricted hereunder or under Kansas Constitution, Art. 15, Sec. 15. State v. Parks, 265 K. 644, 648, 962 P.2d 486 (1998).


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