Kansas House Bill HB2128

Kansas 2023-2024 Regular Session

• Introduced: 1/23/23
• Refer: 1/23/23
• Failed: 4/30/24

Caption

Creating definitions of "intimate partner" and "intimate partner violence" in the Kansas criminal code and requiring certain considerations be made in determining bond when a crime is committed against an intimate partner.

Impact

One of the key impacts of HB2128 is its emphasis on the considerations that magistrates must take into account when setting bond conditions for individuals accused of intimate partner violence. The bill mandates that the safety of victims and children be a primary concern, particularly when determining whether a defendant can be released on bond. Additionally, it requires the evaluation of prior arrests and existing protective orders, thereby aiming to enhance the protective measures afforded to victims. This policy shift reflects a significant change in how the legal system supports victims of domestic violence.

Summary

House Bill 2128 seeks to amend the Kansas criminal code by establishing clear definitions for 'intimate partner' and 'intimate partner violence.' By doing so, it aims to enhance the legal framework supporting victims of intimate partner violence. The bill requires law enforcement agencies to adopt specific policies when responding to incidents of intimate partner violence, emphasizing the need for timely arrests based on probable cause and ensuring victim safety during the legal proceedings. The new definitions would allow for a more consistent application of laws related to domestic violence across Kansas.

Contention

While support for HB2128 may stem from a shared desire to protect victims of intimate partner violence, there could be contention regarding the practical implications of its implementation. Law enforcement agencies may face challenges in ensuring compliance with the new policies, particularly concerning training and resource allocation. Critics might express concerns regarding potential overreach in the enforcement of bond conditions, arguing for the necessity of a balanced approach that preserves the rights of the accused while ensuring victim safety.