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Did Not Advance

Kansas Bill Adds Minor Child Custody Status as Sentencing and Diversion Consideration

Original title: AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; adding consideration of whether the offender has physical custody of such offender's minor child or is a legal guardian or custodian with physical custody of a minor child to the factors considered for a dispositional departure; adding such consideration to the factors considered for a diversion; amending K.S.A. 21-6815 and 22-2908 and repealing the existing sections.

Last action · April 10, 2026: Died in Committee

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

HB 2326 amends Kansas sentencing and criminal procedure laws to include whether a defendant has physical custody of a minor child as a mitigating factor in sentencing departure and prosecutorial decisions. The measure applies to criminal proceedings and sentencing determinations in Kansas courts.

Why it matters

The change alters the legal factors judges and prosecutors must weigh, potentially impacting prison sentences and eligibility for defendants who are primary caregivers or legal custodians of minor children.

Background
  • HB 2326 was introduced during the 2025-2026 legislative session in the Kansas House of Representatives. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Criminal defendants with minor children

Defendants who have physical custody of a minor child gain a statutory mitigating factor that judges and prosecutors must be able to consider during sentencing departures and diversion evaluations.

Directly affected

Sentencing judges

Judges are explicitly authorized to consider a defendant's child custody status when evaluating whether substantial and compelling reasons exist for a departure sentence.

Directly affected

County and district attorneys

Prosecutors are required to include child custody status among the factors evaluated when determining whether to offer a diversion agreement.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What does HB 2326 change about Kansas sentencing laws?
It adds consideration of whether an offender has physical custody of a minor child, or is a legal guardian with physical custody, to the nonexclusive list of judges can use when considering departure sentences.
How does this bill affect criminal diversion agreements?
It requires county or district attorneys to consider a defendant's physical custody of a minor child when deciding whether entering into a agreement serves the interests of justice and benefits the defendant and the community.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died in committee.

Procedural history

3 actions
  1. Apr 10, 2026House
    Died in Committee
  2. Feb 7, 2025HouseIntroduced
    Introduced
  3. Feb 7, 2025HouseCommittee
    Referred to House Committee on Judiciary

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Integration of Caregiver Status into Criminal Procedure

The bill explicitly integrates parental and guardian physical custody status into both post-conviction sentencing departures and pre-trial prosecutorial diversion assessments.

Connected Entities

House Committee on Corrections and Juvenile Justice, United States Department of Defense, Kansas Bureau of Investigation and 3 more
OrganizationHouse Committee on Corrections and Juvenile Justice“House committee that sponsored HB 2326”Map →
OrganizationUnited States Department of Defense“Operator of treatment facilities for combat-zone-related injuries”Map →
OrganizationKansas Bureau of Investigation“Agency that certifies prior diversion participation”Map →
OrganizationUnited States Department of Veterans Affairs“Operator of treatment facilities for veterans”Map →
OrganizationDivision of Vehicles of the Department of Revenue“Agency that certifies vehicle-related diversion participation”Map →
OrganizationKansas National Guard“Operator of treatment programs”Map →

Sources

Open source document

www.kslegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 55)
  • Controversy25
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz15
    Current news / social attention level

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