HB 2393 — Authorizing the supreme court to impose a charge to fund the costs of non-judicial personnel through June 30, 2030.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $22 per reinstatement fee, to fund the costs of non-judicial personnel.

(3) The provisions of this subsection shall be construed and appliedHOUSE retroactively.BILL No.

2393—page 7 applied retroactively.

HBSec. 2393—Am.

by HCW 10 Sec.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $10 per fee, to fund the costs of non-judicial personnel.

(2) Except as provided in subsections (b), (c), (d), (e) and (f), any person who has fulfilled the terms of a diversion agreement may petition the district court for the expungement of such diversion agreement and related arrest records if three or more years have elapsed since the terms of HBthe 2393—Am.diversion agreement were fulfilled.

by HCW 11 the diversion agreement were fulfilled.

(1) OneHOUSE orBILL moreNo. years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence;

2393—page 8 (1) One or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence;

HB(3) perjury 2393—Am.resulting from a violation of K.S.A.

by HCW 12 (3) perjury resulting from a violation of K.S.A.

The provisionsHOUSE ofBILL subsectionNo. (d)(2) shall not apply to violations committed on or after July 1, 2014, but prior to July 1, 2015.

2393—page 9 provisions of subsection (d)(2) shall not apply to violations committed on or after July 1, 2014, but prior to July 1, 2015.

HB(4) aggravated 2393—Am.criminal sodomy, as defined in K.S.A.

by HCW 13 (4) aggravated criminal sodomy, as defined in K.S.A.

(g) (1) When a petition for expungement is filed, the court shall set a HBdate 2393—Am.for a hearing of such petition and shall cause notice of such hearing to be given to the prosecutor and the arresting law enforcement agency.

by HCW 14 date for a hearing of such petition and shall cause notice of such hearing to be given to the prosecutor and the arresting law enforcement agency.

(D) crimeHOUSE forBILL whichNo. the defendant was arrested, convicted or diverted;

2393—page 10 (D) crime for which the defendant was arrested, convicted or diverted;

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-non-judicial judicial personnel.

or (B) no proceeding involving a felony is presently pending or being instituted against the petitioner if the petition is filed under subsection (a)(a)(3); (3);

(i) When the court has ordered an arrest record, conviction or diversion expunged, the order of expungement shall state the information HBrequired 2393—Am.to be contained in the petition.

by HCW 15 required to be contained in the petition.

75-75-7b21, 7b21, and amendments thereto, or employment as a detective with a private detective agency, as defined by K.S.A.

(B) inHOUSE anyBILL applicationNo. for admission, or for an order of reinstatement, to the practice of law in this state;

2393—page 11 (B) in any application for admission, or for an order of reinstatement, to the practice of law in this state;

HB(G) to 2393—Am.aid in determining the petitioner's qualifications to be an employee of the state gaming agency;

by HCW 16 (G) to aid in determining the petitioner's qualifications to be an employee of the state gaming agency;

75-7e01 through 75-75-7e09, 7e09, and amendments thereto, and K.S.A.

50-6,141,50- 6,141, and amendments thereto;

HBHOUSE 2393—Am.BILL No.

by2393—page HCW12 17 (l) Whenever the record of any arrest, conviction or diversion has been expunged under the provisions of this section or under the provisions of any other existing or former statute, the custodian of the records of arrest, conviction, diversion and incarceration relating to that crime shall not disclose the existence of such records, except when requested by:

(10) the Kansas racing and gaming commission, or a designee of the commission, and the request is accompanied by a statement that the request is being made to aid in determining qualifications of the following HBunder 2393—Am.the Kansas expanded lottery act:

by HCW 18 under the Kansas expanded lottery act:

(14) the Kansas commission on peace officers' standards and trainingHOUSE andBILL theNo. request is accompanied by a statement that the request is being made to aid in determining certification eligibility as a law enforcement officer pursuant to K.S.A.

2393—page 13 training and the request is accompanied by a statement that the request is being made to aid in determining certification eligibility as a law enforcement officer pursuant to K.S.A.

22-22-2202, 2202, and amendments thereto;

(2) Upon the issuance of an order of expungement that resulted in the restoration of a person's right to keep and bear arms, the Kansas bureau of investigation shall report to the federal bureau of investigation that such expunged record be withdrawn from the national instant criminal HBbackground 2393—Am.check system.

by HCW 19 background check system.

(2) When a petition for expungement is filed pursuant to subsection (a)(1) or (a)(2), the official court file shall be separated from the other records of the court, and shall be disclosed only to a judge of theHOUSE courtBILL andNo. members of the staff of the court designated by a judge of the district court, the prosecuting attorney, the arresting law enforcement agency, or any other person when authorized by a court order, subject to any conditions imposed by the order.

2393—page 14 the court and members of the staff of the court designated by a judge of the district court, the prosecuting attorney, the arresting law enforcement agency, or any other person when authorized by a court order, subject to any conditions imposed by the order.

Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in HBthe 2393—Am.nature of a fee collected for the docket fee.

by HCW 20 the nature of a fee collected for the docket fee.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $19 per docket fee, to fund the costs of non-judicial personnel.

If an order of expungement is HBentered, 2393—Am.the petitioner pursuant to subsection (a)(1) shall be treated as not having been arrested.

by HCW 21 entered, the petitioner pursuant to subsection (a)(1) shall be treated as not having been arrested.

The clerk of the court shall send a certified copy of the order to the Kansas bureau of investigation, which shall carry out the order and shall notify the federalHOUSE bureauBILL ofNo. investigation, the secretary of corrections and any other criminal justice agency that may have a record of the arrest.

2393—page 15 federal bureau of investigation, the secretary of corrections and any other criminal justice agency that may have a record of the arrest.

(e) If the ground for expungement is as provided in subsection (c)(4),(c) (4), the court shall determine whether, in the interests of public welfare, the records should be available for any of the following purposes:

or HB(8) in 2393—Am.any other circumstances which the court deems appropriate.

by HCW 22 (8) in any other circumstances which the court deems appropriate.

(b) The clerk of the court shall remit all fees prescribed by this section to the state treasurer in accordance with the provisions of K.S.A.HOUSE BILL No.

2393—page 16 K.S.A.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, HBnot 2393—Am.to exceed $26.50 per marriage license fee, to fund the costs of non-judicial personnel.

by HCW 23 not to exceed $26.50 per marriage license fee, to fund the costs of non- judicial personnel.

28-170.28- 170.

60-31a0160- 31a01 et seq., and amendments thereto.

For filing, entering and releasing a bond, mechanic's lien, notice of intent to perform, personal property tax judgment or any judgment on which execution process cannot be issued .........................................$14...............................$14 2.

For filing, entering and releasing a judgment of a court of this state on which execution or other process can be issued ......................................................

65-520165- et seq., and amendments thereto, or the care and treatment act for mentally ill persons, K.S.A.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose HBan 2393—Am.additional charge, not to exceed $22 per bond, lien or judgment fee, to fund the costs of non-judicial personnel.

by HCW 24 an additional charge, not to exceed $22 per bond, lien or judgment fee, to fund the costs of non-judicial personnel.

(a) Except as otherwise provided in this section, whenever the prosecuting witness or defendant is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be taxed as follows:HOUSE BILL No.

Murder2393—page or17 manslaughter...................................................................follows:

$180.50Murder Otheror felony........................................................................................manslaughter..............................................................

171.00$180.50 Misdemeanor......................................................................................Other felony...................................................................................

136.00171.00 ForfeitedMisdemeanor................................................................................. recognizance.........................................................................

72.50136.00 AppealsForfeited fromrecognizance.................................................................... other courts....................................................................

72.50 Appeals from other courts...............................................................

20-20-362, 362, and amendments thereto, shall be paid from the docket fee;

12-16,119, and amendments thereto, fees for the sexual assault HBevidence 2393—Am.collection kit, fees for conducting an examination of a sexual assault victim, fees for service of process outside the state, witness fees, fees for transcripts and depositions, costs from other courts, doctors' fees and examination and evaluation fees.

by HCW 25 evidence collection kit, fees for conducting an examination of a sexual assault victim, fees for service of process outside the state, witness fees, fees for transcripts and depositions, costs from other courts, doctors' fees and examination and evaluation fees.

75-4508 or 75-4510a,75- 4510a, and amendments thereto, shall be $3, unless a warrant is issued.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

Sec.HOUSE BILL No.

2393—page 18 Sec.

20242025 {2025} Supp.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $26.50 per fee or the amount established by the applicable statute, whichever amount is less, to fund the costs of non-judicial personnel.

8-8-2107, 2107, 8-2110, 20-3021, 21-6614, 22-2410, 23-2510, 28-170, 28-172a, 28-28-178, 178, 28-179, 32-1049a, 38-2215, 38-2312, 38-2314, 59-104,59- 104, 60-729, 60-60-2001, 2001, 60-2203a, 61-2704, 61-4001 and 65-409 and K.S.A.

Upon receipt of each such remittance, the state treasurer shall HBdeposit 2393—Am.the entire amount in the state treasury to the credit of the state general fund.

by HCW 26 deposit the entire amount in the state treasury to the credit of the state general fund.

20242025 {2025} Supp.

(a) In addition to any other fees specifically prescribed by law, on and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose a charge, not to exceed $12.50 per fee, to fund the costs of non-judicial personnel, on the following:

60-60-2401 2401 or 61-3602, and amendments thereto.

60-60-701 701 or 61-3501, and amendments thereto.

28-179.28- 179.

HB(a) 2393—Am.No post-decree motion petitioning for a modification or HOUSE BILL No.

by2393—page HCW19 27 (a) No post-decree motion petitioning for a modification or termination of separate maintenance, for a change in legal custody, residency, visitation rights or parenting time or for a modification of child support shall be filed or docketed in the district court without payment of a docket fee in the amount of $40 to the clerk of the district court.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

20242025 {2025} Supp.

(c) In addition to penalties of law applicable under subsection (a) when a person fails to comply with a wildlife and parks citation or sentence for a violation of wildlife and parks laws or rules and regulations, the district court in which the person should have complied shall mail a notice to the person that if the person does not appear in the district court or pay all fines, court costs, assessments or fees, and any penalties imposed within 30 days from the date of mailing, the Kansas department HBof 2393—Am.wildlife and parks shall be notified to forfeit or suspend any license, permit, stamp or other issue of the department.

by HCW 28 of wildlife and parks shall be notified to forfeit or suspend any license, permit, stamp or other issue of the department.

Such reinstatement fee shall be in addition to any fine, court costsHOUSE andBILL otherNo. assessments, fees or penalties.

2393—page 20 costs and other assessments, fees or penalties.

On and after July 1, 20192026, 2025 {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, HBnot 2393—Am.to exceed $22 per reinstatement fee, to fund the costs of non-judicial personnel.

by HCW 29 not to exceed $22 per reinstatement fee, to fund the costs of non-judicial personnel.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

If venue is transferred from one county to another, the court from which the case is transferred shallHOUSE sendBILL toNo. the receiving court a statement of expenses paid from the general fund of the sending county.

2393—page 21 shall send to the receiving court a statement of expenses paid from the general fund of the sending county.

The expenses of the sending county shall HBnot 2393—Am.be an obligation of the receiving county except to the extent that the sending county's proportion of the expenses is collected by the receiving court.

by HCW 30 not be an obligation of the receiving county except to the extent that the sending county's proportion of the expenses is collected by the receiving court.

21-21-5510, 5510, and amendments thereto, sexual exploitation of a child;

21-21-5514(a), 5514(a), and amendments thereto, internet trading in child pornography;

21-21-5604(b), 5604(b), and amendments thereto, aggravated incest;

21-5601(a),21- 5601(a), and amendments thereto, endangering a child;

21-3609,21- 3609, prior to its repeal, or K.S.A.

21-21-5602, 5602, and amendments thereto, abuse of a child;

HB(c) Notwithstanding 2393—Am.any other law to the contrary, for any offender who is required to register as provided in the Kansas offender registration act, K.S.A.

by HCW 31 (c) Notwithstanding any other law to the contrary, for any offender who is required to register as provided in the Kansas offender registration act, K.S.A.

On and after July 1, 2019 20252026, {2026}, through JuneHOUSE 30,BILL 2025No. 2030, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel.

2393—page 22 June 30, 2025 2030, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel.

and (C) the circumstances and behavior of the petitioner warrant HBexpungement. 2393—Am.

by HCW 32 expungement.

(2) aHOUSE privateBILL detectiveNo. agency or a private patrol operator, and the request is accompanied by a statement that the request is being made in conjunction with an application for employment with such agency or operator by the person whose record has been expunged;

2393—page 23 (2) a private detective agency or a private patrol operator, and the request is accompanied by a statement that the request is being made in conjunction with an application for employment with such agency or operator by the person whose record has been expunged;

76-12a01, and amendments thereto, HBof 2393—Am.the Kansas department for aging and disability services of any person whose record has been expunged;

by HCW 33 of the Kansas department for aging and disability services of any person whose record has been expunged;

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

The docket fee may be assessed or waived by the court conducting the initial HBsentencing 2393—Am.hearing and may be assessed against the juvenile or the parent of the juvenile.

by HCW 34 sentencing hearing and may be assessed against the juvenile or the parent of the juvenile.

Docket fees or expenses shall not be assessed against the state, a political subdivision of the state, an agency of the state or of a political subdivision of the state or a person acting in theHOUSE capacityBILL ofNo. an employee of the state or of a political subdivision of the state.

2393—page 24 the capacity of an employee of the state or of a political subdivision of the state.

2024 Supp.

59-104.59- 104.

Treatment of mentally ill....................................................................ill...............................................................

$34.50 Treatment of alcoholism or drug abuse................................................abuse...........................................

34.50 Determination of descent of property...................................................property..............................................

49.50 Termination of life estate......................................................................estate.................................................................

48.50 Termination of joint tenancy.................................................................tenancy...........................................................

48.50 Refusal to grant letters of administration.............................................administration........................................

48.50 Adoption...............................................................................................Adoption..........................................................................................

59-618a, and amendments thereto.........................................................................thereto....................................................................

48.50 Guardianship.........................................................................................Guardianship...................................................................................

69.50 Conservatorship....................................................................................Conservatorship...............................................................................

69.50 Trusteeship............................................................................................Trusteeship......................................................................................

69.50 HBCombined 2393—Am.guardianship and conservatorship..................................

by HCW 35 Combined guardianship and conservatorship.......................................

59-213, and amendments thereto..............................................................................................thereto.........................................................................................

23.50 Decrees in probate from another state................................................state...........................................

173.00 Probate of an estate or of a will..........................................................will.....................................................

59-29a01 et seq., and amendments thereto.........................................................................thereto....................................................................

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

No sheriff in this state shall charge any districtHOUSE courtBILL inNo. this state a fee or mileage for serving any paper or process.

2393—page 25 district court in this state a fee or mileage for serving any paper or process.

2024 Supp.

60-729.60- 729.

HB(e) Except 2393—Am.as provided further, the fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee.

by HCW 36 (e) Except as provided further, the fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $12.50 per fee, to fund the costs of non-judicial personnel.

2024 Supp.

60-2001.60- 2001.

On and after July 1, 20192026, 2025 {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

The affidavit provided for in this subsection HBshall 2393—Am.set forth a factual basis upon which the plaintiff alleges by reason of poverty an inability to pay a docket fee, including, but not limited to, the source and amount of the plaintiff's weekly income.

by HCW 37 shall set forth a factual basis upon which the plaintiff alleges by reason of poverty an inability to pay a docket fee, including, but not limited to, the source and amount of the plaintiff's weekly income.

The form of the affidavit shall be deemed sufficient if in substantial compliance with the form set forth byHOUSE theBILL judicialNo. council.

2393—page 26 by the judicial council.

2024 Supp.

(a) After the commencement of any action in any district court of this state, or the courts of the United States in the state of Kansas or in any action now pending heretofore commenced in such courts, which does not involve title to real estate, any party to such action may give notice in any other county of the state of the pendency of the action by filing for record with the clerk of the district court of such other HBcounty 2393—Am.a verified statement setting forth the parties to the action, the nature of the action, the court in which it is pending, and the relief sought, which shall impart notice of the pendency of the action and shall result in the same lien rights as if the action were pending in that county.

by HCW 38 county a verified statement setting forth the parties to the action, the nature of the action, the court in which it is pending, and the relief sought, which shall impart notice of the pendency of the action and shall result in the same lien rights as if the action were pending in that county.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $22 per fee, to fund the costs of non-judicial personnel.

(b) Notwithstanding the foregoing provisions of this section, the filing of a notice of the pendency of an action pursuant to subsection (a) shallHOUSE createBILL noNo. lien rights against the property of an employee of the state or a municipality prior to the date judgment is rendered if the pleadings in the pending action allege a negligent or wrongful act or omission of the employee while acting within the scope of such employee's employment, regardless of whether or not it is alleged in the alternative that the employee was acting outside of such employee's employment.

A2393—page judgment27 shall create no lien rights against the property of an employee shallof becomethe state or a lienmunicipality uponprior suchto employee'sthe propertydate judgment is rendered if the pleadings in the countypending whereaction noticeallege isa filednegligent pursuantor towrongful subsectionact (a)or whenomission of the judgmentemployee iswhile renderedacting onlywithin ifthe scope of such employee's employment, regardless of whether or not it is foundalleged that:in the alternative that the employee was acting outside of such employee's employment.

Ajudgment against an employee shall become a lien upon such employee's property in the county where notice is filed pursuant to subsection (a) when the judgment is rendered only if it is found that:

75-75-6102, 6102, and amendments thereto.

202461-2704 Supp.is hereby amended to read as follows:

61-270461- is2704. hereby amended to read as HB 2393—Am.

by HCW 39 follows:

61-2704.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $12.50 per docket fee, to fund the costs of non-judicial personnel.

2024 Supp.

61-4001.61- 4001.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $19 per docket fee, to fund the costs of non-judicial personnel.

20242025 {2025} Supp.

(a) The clerk of the district court shall charge a fee of HBHOUSE 2393—Am.BILL No.

by2393—page HCW28 40 $14 for entering and filing a lien statement under this act.

On and after July 1, 2019 20252026, {2026}, through June 30, 2025 2030, the supreme court may impose an additional charge, not to exceed $22 per lien fee, to fund the costs of non-judicial personnel.

8-2107, 20-3021, 21-6614, 22-2410, 23-2510, 28- 170, 28-172a, 28-179, 38-2215, 38-231238-2312, and,38-2314, 38-2314{, 59-104, 60-729, 60-2001,60- 60-2003a,2001, 60-2203a, 61-2704, 61-4001}61-4001 and K.S.A.

20242025 {2025} Supp.

8-8-2110, 2110,28- 28-177,177, 28-178, 32-1049a,32-1049a 59-104, 60-729, 60-2001, 60-2203a, 61- 2704, 61-4001 and 65-409 are hereby repealed.

I hereby certify that the above BILL originated in the HOUSE , and passed that body Speaker of the House.

Chief Clerk of the House.

Passed the S ENATE ______________________________________________________________________________ President of the Senate.

Secretary of the Senate.

A PPROVED __________________________________________________________________________________________________ Governor.