TOPEKA — Jay Schumacher was locked up at the Ellis County Jail on a charge of first-degree murder in the slaying of his wife, but under Kansas law could spend the couple’s assets while awaiting trial for offenses capable of sending him to prison for decades.
A loophole in the state’s so-called slayer law compelled Jeremiah Schumacher, the son of alleged perpetrator Jay and domestic violence victim Karen, to plead with the 2023 Kansas Legislature to adopt a statute to prevent distribution of assets until resolution of criminal proceedings involving anyone arrested or charged with killing a person sharing financial interest in an estate.
Under Kansas law in place at time of the March 2022 slaying, alleged perpetrators could procure estate assets until convicted of killing someone.
“He’s arrested for the murder of his spouse,” Jeremiah Schumacher told lawmakers days after the session began in January. “I can’t wrap my head around it.”
Gov. Laura Kelly as well as the Senate and House heard his plea. The House vote on House Bill 2027 was 123-0. The Senate paired that with a 40-0 vote. The law signed by Kelly allowed as of July 1 a court to block sale, distribution, spending or other use of a decedent’s assets by a person arrested or charged in that killing. That order must stand until charges were dismissed, the accused was acquitted or convicted, and if records were expunged.
“This change is necessary, reasonable and will close what amounts to a loophole in the slayer provision of Kansas probate law by limiting those individuals, who kill a spouse or person from whom they will inherit, from receiving those proceeds,” said Hays attorney Chris McGowne.
The amended slayer law was among 77 bills — three fourths of the total to survive the legislative process in 2023 — scheduled to become effective on Saturday. The 21 others went live promptly rather than await the first day of July. The new roster of laws delve into abortion, concealed guns, elections, clergy abuse, public health, retirement investments, food stamps, transgender rights, water, smoking, utilities and sports.
‘Just that — fairness’
Republicans in the Legislature tangled with Democrats and the governor on merits of the Fairness in Women’s Sports Act, otherwise known as House Bill 2238. It was designed to forbid transgender girls or women from participating in girls or women school sports. The anti-transgender bill easily cleared the GOP-led Legislature, but was vetoed by Kelly. Both chambers were able to override her veto.
The law required interscholastic, intercollegiate, intramural and club athletic teams sponsored by public or private educational entities to group players on teams of boys or men, girls or women or on separate coeducational units based on “biological sex” of athletes. It covered sports teams from kindergarten through college.
“The fairness in women’s sports act is just that — fairness,” said Senate President Ty Masterson, R-Andover. “It simply sets guidelines that ensure the fair playing field continues for women and girls that we have recognized for decades.”
The Kansas State High School Activities Association established a policy requiring participants to present a copy of their first birth certificate to verify the gender declaration at birth.
Test-strip ban lifted
Initially, the idea of decriminalizing possession of test strips to detect the synthetic opioid fentanyl didn’t gain much political traction at the statehouse. For three years, the prevailing legislative sentiment was Senate Bill 174 and others like it sent the wrong message to people using drugs illegally.
Advocates for the change pointed with alarm to the rising death toll among Kansans who unknowingly consumed drugs blended with fentanyl, which could be 50 to 100 times as potent as morphine.
Kelly, looking for ways to prevent overdose poisonings and fatalities, signed the bipartisan bill removing test strips from the state’s list of illegal drug paraphernalia. At the same time, the penalty for manufacture and distribution of fentanyl-laced substances was heightened.
