Gov. Laura Kelly signs bills altering defendant competency process, child health care program
Leavenworth resident Tara Rieck, the mother of two boys killed in 2020, requests during a February hearing before the Senate Judiciary Committee the passage of a bill allowing for involuntary commitment of individuals found incompetent to stand trial for major crimes. Gov. Laura Kelly signed Senate Bill 374, which closes a loophole in statute regarding defendants not capable of going to trial. (Kansas Reflector screen capture of Legislature)
TOPEKA — Gov. Laura Kelly signed a bill unanimously approved by the Kansas Legislature requiring individuals charged with serious offenses but found incompetent to stand trial to receive expanded evaluation and treatment for mental health disorders while in custody.
The changes contained in Senate Bill 374 were designed to maintain due process rights of defendants while strengthening public safety by closing a gap in statute that could result in dangerous defendants being released prematurely.
“This unanimous, bipartisan legislation sends a clear message that protecting Kansas families is a shared priority,” the governor said. “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.”
The new law proclaimed the state had a compelling interest in mandating additional treatment of certain defendants. It allowed prosecutors to initiate involuntary commitment proceedings if competency hadn’t been achieved within six months and directed the state’s courts to consider the full scope of community risk, including pending charges, prior convictions and overall behavior, when deciding whether to release someone.
The bill was inspired by the death of two brothers in Leavenworth County. Donald Jackson is accused of killing his sons Logan, 14, and Austin, 12, in 2020. Jackson had two of his daughters with him when apprehended in Oklahoma. He was charged with capital murder, but a judge declared Jackson incompetent to stand trial.
In February, a judge ordered Jackson to remain in custody and mandated that he take medication that could allow for a trial. Defense attorneys sought Jackson’s release, but the boys’ mother, Tara Rieck, urged the Legislature to amend state law so individuals in Jackson’s position would be held by the state for compulsory treatment instead of released to the community for outpatient care.
“Nearly 5.5 years have passed since my sons’ tragic deaths, yet here we stand, battling for basic safety amid a glaring legal loophole,” Rieck told lawmakers two months ago. “I see this bill simply as sealing a hole to ensure those committing unimaginable atrocities, trapped in legal limbo, stay securely confined.”
On Thursday, Kelly announced signing more than 50 other bills about health care, criminal justice, education and dozens of other subjects.
Child health care
The governor celebrated signing of Senate Bill 271, which was a bipartisan measure that revised outdated income eligibility requirements for Kansas’ Children’s Health Insurance Program, or CHIP. The goal was to make health care for children more affordable by adjusting the household income threshold for CHIP from 250% of the 2008 federal poverty level to 250% of the current federal poverty income guideline.
“Every Kansas child deserves access to quality, affordable health care,” Kelly said. “For far too long, Kansas has relied on temporary fixes to address the outdated standards that made it harder for families to get the coverage they need.”
Rep. Will Carpenter, R-El Dorado, said the commonsense bill would ensure “costs are more affordable and predictable so families don’t have to choose between paying for health coverage and other basic needs.”
The batch of bill signings brought joy to supporters of the FIFA World Cup soccer tournament. The Legislature adopted and Kelly signed House Bill 2481, which gave local governments the option of allowing sales of alcoholic beverages 23 hours a day, seven days a week from May 15 to July 25 amid World Cup competition. The bill also required collection of a transient guest tax for short-term rentals and prohibited city and county governments from limiting the number of permits issued for homeowners interested in operating such rentals.
The Legislature and Kelly also agreed to place into law Senate Bill 232, which would authorize the Kansas Office of Vital Statistics to provide information on children born in Kansas to the state treasurer to allow for distribution of information on savings programs for people with disabilities and to pay college expenses, and accounts named for President Donald Trump. The “One Big Beautiful Bill Act” created Individual Retirement Accounts for people under 18. U.S. citizens born between Jan. 1, 2025, and Dec. 31, 2028, would receive $1,000 in seed money from the federal government.
In addition, Kelly signed House Bill 2596 to launch an industrial pilot program with inmates at Hutchinson Correctional Facility for the construction of modular homes. Meanwhile, House Bill 2413 was signed into law to elevate penalties for the felony crimes of cattle rustling and theft of hay or grain. That bill included a tougher penalty for individuals representing Russia, North Korea and a handful of other countries found guilty of persecuting Kansas residents.
Education, law enforcement
Work during the 2026 legislative session produced a law requiring school districts to develop fentanyl abuse education programs and to maintain stocks of naloxone, which is a drug used to reverse an opioid overdose. In a separate bill, pharmacists were authorized to distribute to schools the drug epinephrine for use in emergencies to treat cardiac arrest, anaphylaxis and severe asthma.
In terms of higher education, the governor signed a bill exempting from state laws on contracts, procurement, easement decisions, disposal of surplus property and limitations on hospitality the six public state universities supervised by the Kansas Board of Regents.
The Legislature and Kelly agreed to a bill requiring the Kansas Bureau of Investigation to create a statewide offender registration system. The Kansas Department for Children and Families was directed to maintain a registry of of individuals responsible for child abuse or neglect. The legislation required an individual to be notified before added to the registry and mandated administrative hearings and an appeals process.
Kansas lawmakers eliminated a prohibition against possession of firearm suppressors and short-barrel shotguns, but adopted enhanced penalties for felonies committed with that equipment.
The governor and legislators also affirmed a handful of quirky bills, including a measure permitting Kansas beekeepers to sell packaged honey without holding a food license. The state’s political powerbrokers authorized an official Kansas Railroad Hall of Fame. Republicans and Democrats agreed cities could allow people 16 years of age or older to drive golf carts on sidewalks if operating the cart on a street or highway was prohibited.