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KS Bipartisan Bill Strengthening Public Safety Signed Amid Others

Governor Kelly Signs Bipartisan Bill
Strengthening Public Safety


TOPEKA
– Governor Laura Kelly today announced she has signed Senate Bill 374, which requires further consideration of evaluation and treatment during competency proceedings for defendants charged with the most serious offenses. This legislation strengthens public safety protections by closing a critical gap in Kansas statute that could lead to potentially dangerous defendants being released after being found incompetent to stand trial, while also balancing the due process rights of defendants.

Senate Bill 374 is also known as the Logan and Austin Bill, named after Logan and Austin Jackson, who were murdered by their father in 2020. Their mother, Tara, provided testimony on the bill and has been an advocate for closing loopholes that could result in violent and potentially dangerous offenders being released into the public.

“I am proud to sign Senate Bill 374, the Logan and Austin Bill, into law,” Governor Laura Kelly said. “This unanimous, bipartisan legislation sends a clear message that protecting Kansas families is a shared priority. By closing a critical loophole, we are ensuring that individuals who pose a serious danger are no longer left in legal limbo and that courts have the guidance they need to act appropriately and swiftly.”

When considering further treatment and evaluation for a defendant who’s been found incompetent to stand trial, this bill ensures courts can now consider the prior behavior of the defendant when determining whether the individual would pose public safety risks to the community upon release.

“I appreciate the Governor’s swift action to sign Senate Bill 374, the Logan and Austin Act, into law, and I’m proud to have worked alongside our local County Attorney Todd Thompson and the Kansas Attorney General’s Office on this bipartisan effort to close a loophole and better protect Kansas families,” said Senator Jeff Klemp, District 5.

Senate Bill 374 addresses and clarifies several matters:

  • Allows prosecuting attorneys to initiate and participate in involuntary commitment proceedings.
  • Clarifies what must be included in petitions and recognizes the harm that the defendant poses to themselves or others.
  • Allows courts to consider the full scope of risk, including prior convictions, pending charges, and a defendant’s overall behavior.
  • Provides a tiered, proportionate approach to dismissal.
  • Acknowledges that the State has a compelling interest in continued treatment and supervision in the most serious cases.

“The bill ensures public safety while seeing to it that those convicted of serious crimes get the mental health assistance they need to at least be able to participate in their own defense,” Representative Tobias Schlingensiepen, District 55, said. “I applaud Governor Kelly’s willingness to sign this bill into law.”

This legislation closes critical loopholes, strengthening safeguards and ensuring those who have committed serious crimes are evaluated appropriately and not put in positions to threaten themselves, victims, and the general public.

In addition to Senate Bill 374, Governor Kelly also signed the following bipartisan bills:

House Bill 2068: Amending various provisions in the Pharmacy Act of the State of Kansas and the Pharmacy Practice Act regarding pharmacist scope of practice, pharmaceutical compounding, authority to delegate access to the state’s prescription monitoring program database, and the remote practice of pharmacy

House Bill 2518: Creating the Kansas Transparency in Consumer Legal Funding Act.

House Bill 2533: Enacting four multistate licensure compacts: the Occupational Therapy Licensure Compact; the Respiratory Care Interstate Compact; the Esthetics Licensure Compact; and the Athletic Trainer Licensure Compact.

House Bill 2534: Requiring school districts to develop fentanyl abuse education programs and to maintain a stock supply of naloxone, creating the Student Safe at School Act regarding the conduct of active shooter drills and simulations, amending the definition of “crisis drill” for purposes of rules and regulations promulgated by the State Fire Marshal, and amending requirements concerning school district at-risk accountability plans.

House Bill 2560: Authorizing the sale of certain property on behalf of Kansas State University and amending statute to exempt state educational institutions from certain statutes concerning the execution of contracts, procurement of goods and services, transactions involving easements, disposition of surplus property, establishment of hospitality limitations, and participation in the Kansas Quality Program.

House Bill 2573: Amending statutes concerning the Kansas board of accountancy; relating to licensure requirements for certified public accountants.

House Bill 2590: Creating the Kansas Community Property Trust Act and amending the Kansas Uniform Trust Code.

House Bill 2591: Allowing a financial institution to establish a trusted contact program, allowing for suspected financial exploitation reporting, delaying suspicious transactions, creating the Virtual Currency Kiosk Consumer Protection Act as part of the Kansas Money Transmitter Act, prohibiting state receivership of a technology-enabled fiduciary financial institution (TEFFI) that becomes insolvent or declares bankruptcy, requiring earned wage access service registrants to be subject to the Kansas Financial Institutions Information Security Act, and other technical changes.

House Bill 2596: Creating a limited exception to the Prison-made Goods Act of Kansas to authorize the Secretary of Corrections to establish a pilot program at the Hutchinson Correctional Facility to enter into contracts for production of manufactured or modular homes.

House Bill 2601: Establishing a Child Abuse and Neglect Registry maintained by the Secretary for Children and Families and requiring administrative hearings.

House Bill 2613: Providing for the crime victims compensation board to establish fees for examinations of persons who may be victims of sexual assault, authorizing the board to adopt rules and regulations to administer such fees and to use money in the crime victims compensation fund for the payment of such fees and allowing certain exceptions to the confidentiality of records and information given to the board.

House Bill 2615: Designating a portion of US-56 as the Bill Tucker Memorial Highway, a portion of US-75 as the Big Gen George H Wark Memorial Highway, and removing the portion of US-75 from the Purple Heart/Combat Wounded Veterans Highway.

House Bill 2653: Requiring the secretary of corrections to assist inmates with obtaining identification and employment-related documentation prior to release from custody.

House Bill 2700: Establishing the Kansas digital right-to-repair act to provide the right for persons who purchase digital electronic equipment to obtain the legal authorization and necessary documentation and parts from original equipment manufacturers to diagnose, maintain and repair such equipment.

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