Kansas Statutes 8-1019. Victim impact statement and restitution requirements
Terms Used In Kansas Statutes 8-1019
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes personal and real property. See Kansas Statutes 77-201
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Statute: A law passed by a legislature.
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(a) As used in this section, “alcohol or drug-related offense” means: (1) A violation of Kan. Stat. Ann. § 8-1567, and amendments thereto, or any ordinance of a city or resolution of a county prohibiting the acts prohibited by that statute; or (2) any other offense arising out of the operation or attempted operation of a motor vehicle while under the influence of alcohol or drugs, or both.
(b) Prior to the sentencing of a person convicted of an alcohol or drug-related offense which resulted in serious bodily injury to a person or the death of a person, the court shall cause reasonable attempts to be made to notify the victim or the victim’s family, who shall be given an opportunity to make a victim impact statement as to the impact of the offense on the victim’s life or the lives of the victim’s family members.
(c) Any court sentencing a person convicted of an alcohol or drug-related offense which resulted in personal injury to a person, the death of a person or injury to a person’s property may require, in addition to any other penalty provided by law, that the convicted person pay restitution as a condition of probation or parole.