Home >> Statutes >> Back

Click to open printable format in new window.Printable Format
 | Next

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.


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

2. Whether section mandates a hearing on motions to modify examined. State v. Sims, 256 Kan. 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 Kan. 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 Kan. 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 Kan. 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, article 15, Sec. 15. State v. Parks, 265 Kan. 644, 648, 962 P.2d 486 (1998).

 | Next

  11/09/2023 Meeting Notice  Agenda
  08/09/2023 Meeting Notice Agenda
  06/05/2023 Meeting Notice Agenda
  04/25/2023 Meeting Notice Agenda
  LCC Policies

  2023 New, Amended and Repealed by KSA
  2023 New, Amended and Repealed by Bill
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  Information for Special Session 2021
  General Info., Legal Analysis & Research
  2022 Amended & Repealed Statutes
  2021 Amended & Repealed Statutes
  2020 Amended & repealed Statutes
  2019 Amended & Repealed Statutes

Session Laws

Kansas Legislature
Administrative Services
Division of Post Audit
Research Department