Bill > SB346

This bill establishes procedures for identifying and restricting "abusive civil action plaintiffs," defined as individuals who file civil lawsuits primarily to harass or maliciously injure a defendant with whom they have or had a family, household, or dating relationship. If a defendant alleges an action is abusive, the court will hold a hearing, and certain evidence, such as prior dismissals of similar cases, sanctions for frivolous lawsuits, or existing prefiling restrictions, will create a presumption that the action is abusive. If found to be abusive by a preponderance of the evidence, the court will dismiss the case, award attorney fees and costs to the defendant, and impose prefiling restrictions on the plaintiff for 48 to 72 months, meaning they must seek court permission before filing future lawsuits. This permission process involves a hearing where the court determines if the proposed lawsuit has legitimate grounds, and if granted, the court's order must be attached to the complaint. The bill also clarifies what constitutes an "abusive civil action" and "harass or maliciously injure," including actions that lack legal or factual support, are repetitive, or are designed to financially deplete, interfere with child-rearing, coerce concessions, harm well-being, or damage reputation.

Justice

Judiciary (Senate)

https://kslegislature.gov/li/b2025_26/measures/sb346/