Kansas Statutes 74-7335. Victim of crime; notification of public hearing
Terms Used In Kansas Statutes 74-7335
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Subpoena: A command to a witness to appear and give testimony.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Victim: means a person who suffers personal injury or death as a result of:
(1) Criminally injurious conduct;
(2) the good faith effort of any person to prevent criminally injurious conduct;
(3) the good faith effort of any person to apprehend a person suspected of engaging in criminally injurious conduct; or
(4) witnessing a violent crime when the person was 16 years of age or younger at the time the crime was committed. See Kansas Statutes 74-7301
(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 Kan. Stat. Ann. § 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.