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Kansas House Bill HB2185

Kansas 2023-2024 Regular Session

Kansas House Bill HB2185 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2185
33 By Committee on Judiciary
44 1-26
55 AN ACT concerning certain protection orders; relating to the protection
66 from abuse act and the protection from stalking, sexual assault or
77 human trafficking act; permitting short form notification service and
88 alternative methods of service; clarifying precedence of child-related
99 orders issued under the protection from abuse act; amending K.S.A.
1010 2022 Supp. 60-3104, 60-3107 and 60-31a04 and repealing the existing
1111 sections.
1212 Be it enacted by the Legislature of the State of Kansas:
1313 New Section 1. (a) A law enforcement officer may personally serve a
1414 defendant with a short form notification as provided in this section.
1515 (b) Upon verification of the identity of the defendant and knowledge
1616 of the existence of an unserved order against the defendant, a law
1717 enforcement officer may detain the defendant for a reasonable time
1818 necessary to complete and serve the short form notification.
1919 (c) (1) The short form notification shall include the following:
2020 (A) The defendant's name;
2121 (B) the defendant's date of birth, if known;
2222 (C) the plaintiff's name;
2323 (D) the name of each person protected under the order;
2424 (E) the date and county where the order was filed;
2525 (F) the court case number;
2626 (G) the hearing date and time, if known;
2727 (H) a notice that there are restrictions that apply to the defendant,
2828 including no contact with any person protected under the order; and
2929 (I) an affidavit of service completed by the serving person.
3030 (2) The short form notification shall be given to the defendant and
3131 shall contain the following notice in bold type:
3232 "The order is now enforceable. You must contact the office of the
3333 sheriff or the office of the district court in (name of county) County to
3434 obtain a copy of the order. You are subject to arrest and may be charged
3535 with a misdemeanor or felony if you violate any of the terms of the order."
3636 (3) The law enforcement officer serving the notification shall read the
3737 notice in paragraph (2) out loud to the defendant.
3838 (d) When the short form notification process is complete, the law
3939 enforcement officer serving the notification shall file a copy of the
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7676 notification with the clerk of the district court. The return of service shall
7777 be filed promptly. The filing shall indicate the date and time the
7878 notification was served on the person, including a certification that the
7979 notice in subsection (c)(2) was read out loud to the defendant.
8080 (e) The attorney general shall create the short form notification form
8181 described in this section and make such form available to law enforcement
8282 agencies in Kansas.
8383 (f) For the purposes of this section, law enforcement officer means
8484 the same as defined in K.S.A. 2022 Supp. 21-5111, and amendments
8585 thereto.
8686 (g) This section shall be a part of and supplemental to the protection
8787 from abuse act.
8888 New Sec. 2. (a) A law enforcement officer may personally serve a
8989 defendant with a short form notification as provided in this section.
9090 (b) Upon verification of the identity of the defendant and knowledge
9191 of the existence of an unserved order against the defendant, a law
9292 enforcement officer may detain the defendant for a reasonable time
9393 necessary to complete and serve the short form notification.
9494 (c) (1) The short form notification shall include the following:
9595 (A) The defendant's name;
9696 (B) the defendant's date of birth, if known;
9797 (C) the plaintiff's name;
9898 (D) the name of each person protected under the order;
9999 (E) the date and county where the order was filed;
100100 (F) the court case number;
101101 (G) the hearing date and time, if known;
102102 (H) a notice that there are restrictions that apply to the defendant,
103103 including no contact with any person protected under the order; and
104104 (I) an affidavit of service completed by the serving person.
105105 (2) The short form notification shall be given to the defendant and
106106 shall contain the following notice in bold type:
107107 "The order is now enforceable. You must contact the office of the
108108 sheriff or the office of the district court in (name of county) County to
109109 obtain a copy of the order. You are subject to arrest and may be charged
110110 with a misdemeanor or felony if you violate any of the terms of the order."
111111 (3) The law enforcement officer serving the notification shall read the
112112 notice in paragraph (2) out loud to the defendant.
113113 (d) When the short form notification process is complete, the law
114114 enforcement officer serving the notification shall file a copy of the
115115 notification with the clerk of the district court. The return of service shall
116116 be filed promptly. The filing shall indicate the date and time the
117117 notification was served on the person, including a certification that the
118118 notice in subsection (c)(2) was read out loud to the defendant.
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162162 (e) The attorney general shall create the short form notification form
163163 described in this section and make such form available to law enforcement
164164 agencies in Kansas.
165165 (f) For the purposes of this section, law enforcement officer means
166166 the same as defined in K.S.A. 2022 Supp. 21-5111, and amendments
167167 thereto.
168168 (g) This section shall be a part of and supplemental to the protection
169169 from stalking, sexual assault or human trafficking act.
170170 Sec. 3. K.S.A. 2022 Supp. 60-3104 is hereby amended to read as
171171 follows: 60-3104. (a) An intimate partner or household member may seek
172172 relief under the protection from abuse act by filing a verified petition with
173173 any judge of the district court or with the clerk of the court alleging abuse
174174 by another intimate partner or household member.
175175 (b) The following persons may seek relief under the protection from
176176 abuse act on behalf of a minor child by filing a verified petition with any
177177 judge of the district court or with the clerk of the court alleging abuse by
178178 another intimate partner or household member:
179179 (1) A parent of the minor child;
180180 (2) an adult residing with the minor child; or
181181 (3) the child's court-appointed legal custodian or court-appointed
182182 legal guardian.
183183 (c) The clerk of the court shall supply the forms for the petition and
184184 orders, which shall be prescribed by the judicial council.
185185 (d) (1) (A) Service of process served under this section shall be by
186186 personal service pursuant to article 3 of chapter 60 of the Kansas Statutes
187187 Annotated, and amendments thereto, and not by certified mail return
188188 receipt requested. Personal service may be made through short form
189189 notification by a law enforcement officer under section 1, and amendments
190190 thereto.
191191 (B) If personal service cannot be made on an individual, service is
192192 effected by leaving a copy of the summons and petition or other document
193193 at the individual's dwelling or usual place of abode and mailing to the
194194 individual by first-class mail, postage prepaid, a notice that the copy has
195195 been left at the individual's dwelling or usual place of abode.
196196 (2) If the court determines that after diligent effort the plaintiff has
197197 been unable to serve the defendant under paragraph (1), the court may
198198 order that notice may be given in a manner reasonably calculated to give
199199 actual notice, including electronic means, and may be by publication if
200200 other means are not effective.
201201 (3) Service of minors and disabled persons as defined in K.S.A. 77-
202202 201, and amendments thereto, shall be in accordance with K.S.A. 60-304,
203203 and amendments thereto, or as ordered by the court.
204204 (4) No docket fee shall be required for proceedings under the
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248248 protection from abuse act.
249249 (e) If the court finds that the plaintiff's address or telephone number,
250250 or both, needs to remain confidential for the protection of the plaintiff,
251251 plaintiff's minor children or minor children residing with the plaintiff, such
252252 information shall not be disclosed to the public, but only to authorized
253253 court or law enforcement personnel and to the commission on judicial
254254 performance in the discharge of the commission's duties pursuant to article
255255 32 of chapter 20 of the Kansas Statutes Annotated, and amendments
256256 thereto.
257257 Sec. 4. K.S.A. 2022 Supp. 60-3107 is hereby amended to read as
258258 follows: 60-3107. (a) The court may approve any consent agreement to
259259 bring about a cessation of abuse of the plaintiff or minor children or grant
260260 any of the following orders:
261261 (1) Restraining the defendant from abusing, molesting or interfering
262262 with the privacy or rights of the plaintiff or of any minor children of the
263263 parties. Such order shall contain a statement that if such order is violated,
264264 such violation may constitute assault as defined in subsection (a) of K.S.A.
265265 2022 Supp. 21-5412(a), and amendments thereto, battery as defined in
266266 subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and amendments thereto,
267267 domestic battery as defined in K.S.A. 2022 Supp. 21-5414, and
268268 amendments thereto, and violation of a protective order as defined in
269269 K.S.A. 2022 Supp. 21-5924, and amendments thereto.
270270 (2) Granting possession of the residence or household to the plaintiff
271271 to the exclusion of the defendant, and further restraining the defendant
272272 from entering or remaining upon or in such residence or household,
273273 subject to the limitation of subsection (d). Such order shall contain a
274274 statement that if such order is violated, such violation shall constitute
275275 criminal trespass as defined in subsection (a)(1)(C) of K.S.A. 2022 Supp.
276276 21-5808(a)(1)(C), and amendments thereto, and violation of a protective
277277 order as defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
278278 The court may grant an order, which shall expire 60 days following the
279279 date of issuance, restraining the defendant from cancelling utility service
280280 to the residence or household.
281281 (3) Requiring defendant to provide suitable, alternate housing for the
282282 plaintiff and any minor children of the parties.
283283 (4) Awarding temporary custody and residency and establishing
284284 temporary parenting time with regard to minor children.
285285 (5) Ordering a law enforcement officer to evict the defendant from
286286 the residence or household.
287287 (6) Ordering support payments by a party for the support of a party's
288288 minor child, if the party is the father or mother of the child, or the plaintiff,
289289 if the plaintiff is married to the defendant. Such support orders shall
290290 remain in effect until modified or dismissed by the court or until expiration
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334334 and shall be for a fixed period of time not to exceed one year. On the
335335 motion of the plaintiff, the court may extend the effect of such order for 12
336336 months.
337337 (7) Awarding costs and attorney fees to either party.
338338 (8) Making provision for the possession of personal property of the
339339 parties and ordering a law enforcement officer to assist in securing
340340 possession of that property, if necessary.
341341 (9) Requiring any person against whom an order is issued to seek
342342 counseling to aid in the cessation of abuse.
343343 (10) Ordering or restraining any other acts deemed necessary to
344344 promote the safety of the plaintiff or of any minor children of the parties.
345345 (b) No protection from abuse order shall be entered against the
346346 plaintiff unless:
347347 (1) The defendant properly files a written cross or counter petition
348348 seeking such a protection order;
349349 (2) the plaintiff had reasonable notice of the written cross or counter
350350 petition by personal service as provided in subsection (d) of K.S.A. 60-
351351 3104(d), and amendments thereto; and
352352 (3) the issuing court made specific findings of abuse against both the
353353 plaintiff and the defendant and determined that both parties acted primarily
354354 as aggressors and neither party acted primarily in self-defense.
355355 (c) (1) Any order entered under the protection from abuse act shall
356356 not be subject to modification on ex parte application or on motion for
357357 temporary orders in any action filed pursuant to K.S.A. 60-1601 et seq.,
358358 prior to their transfer or repeal, or article 22 or 27 of chapter 23 of the
359359 Kansas Statutes Annotated, and amendments thereto, or K.S.A. 38-1101 et
360360 seq., and amendments thereto. Orders previously issued in an action filed
361361 pursuant to K.S.A. 60-1601 et seq., prior to their transfer or repeal, or
362362 article 22 or 27 of chapter 23 of the Kansas Statutes Annotated, and
363363 amendments thereto, or K.S.A. 38-1101 et seq., and amendments thereto,
364364 shall be subject to modification under the protection from abuse act only
365365 as to those matters subject to modification by the terms of K.S.A. 2022
366366 Supp. 23-3201 through 23-3207 and 23-3218 and article 27 of chapter 23
367367 of the Kansas Statutes Annotated, and amendments thereto, and on sworn
368368 testimony to support a showing of good cause. Immediate and present
369369 danger of abuse to the plaintiff or minor children shall constitute good
370370 cause. If an action is filed pursuant to K.S.A. 2022 Supp. 23-3201 through
371371 23-3207 or 23-3218 or article 22 or 27 of chapter 23 of the Kansas Statutes
372372 Annotated, and amendments thereto, during the pendency of a proceeding
373373 filed under the protection from abuse act or while an order issued under
374374 the protection from abuse act is in effect, the court, on final hearing or on
375375 agreement of the parties, may issue final orders authorized by K.S.A. 2022
376376 Supp. 23-3201 through 23-3207 and 23-3218 and articles 22 and 27 of
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420420 chapter 23 of the Kansas Statutes Annotated, and amendments thereto, that
421421 are inconsistent with orders entered under the protection from abuse act
422422 modified by a subsequent ex parte or temporary order issued in any
423423 action, except as provided in paragraph (4).
424424 (2) (A) Any order entered under the protection from abuse act may be
425425 modified by a subsequent final order pursuant to a hearing or an
426426 agreement of the parties issued in any action, except as provided in
427427 paragraph (4).
428428 (B) Any inconsistent order entered pursuant to this subsection shall
429429 be specific in its terms, and reference the protection from abuse order and
430430 parts thereof of the order being modified and. A copy thereof of the order
431431 shall be filed in both actions.
432432 (C) The court shall consider whether the actions should be
433433 consolidated in accordance with K.S.A. 60-242, and amendments thereto.
434434 (3) (A) On sworn testimony to support a showing of good cause and
435435 as authorized by K.S.A. 23-3201 through 23-3207 and 23-3218, and
436436 amendments thereto, orders issued under the protection from abuse act
437437 may modify orders regarding legal custody, residency and parenting time
438438 previously issued in an action for:
439439 (i) The determination of parentage filed pursuant to article 22 of
440440 chapter 23 of the Kansas Statutes Annotated, and amendments thereto, or
441441 K.S.A. 38-1101 et seq., prior to their transfer or repeal; or
442442 (ii) divorce, separate maintenance or annulment filed pursuant to
443443 article 27 of chapter 23 of the Kansas Statutes Annotated, and
444444 amendments thereto, or K.S.A. 60-1601 et seq., prior to their transfer or
445445 repeal.
446446 (B) On sworn testimony to support a showing of good cause, orders
447447 issued under the protection from abuse act may modify interlocutory
448448 orders issued pursuant to K.S.A. 23-2707, and amendments thereto.
449449 (C) For purposes of this paragraph, immediate and present danger of
450450 abuse to the plaintiff or minor children shall constitute good cause.
451451 (4) (A) Any legal custody or parenting time order, or order relating to
452452 the best interests of a child, issued pursuant to the revised Kansas code for
453453 care of children or the revised Kansas juvenile justice code, shall be
454454 binding and shall take precedence over any such custody or parenting
455455 order involving the same child issued under the protection from abuse act,
456456 until jurisdiction under the revised Kansas code for care of children or the
457457 revised Kansas juvenile justice code is terminated.
458458 (B) Any inconsistent legal custody or parenting order issued in the
459459 revised Kansas code for care of children case or the revised Kansas
460460 juvenile justice code case shall be specific in its terms, reference any
461461 preexisting protection from abuse order and the custody being modified,
462462 and a copy of such order shall be filed in the preexisting protection from
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506506 abuse case.
507507 (d) If the parties to an action under the protection from abuse act are
508508 not married to each other and one party owns the residence or household,
509509 the court shall not have the authority to grant possession of the residence
510510 or household under subsection (a)(2) to the exclusion of the party who
511511 owns it.
512512 (e) Subject to the provisions of subsections (b), (c) and (d), a
513513 protective order or approved consent agreement shall remain in effect until
514514 modified or dismissed by the court and shall be for a fixed period of time
515515 not to exceed one year, except as provided in subsection (e)(1) and (e)(2)
516516 paragraphs (1) and (2).
517517 (1) Upon motion of the plaintiff, such period may be extended for one
518518 additional year.
519519 (2) Upon verified motion of the plaintiff and after the defendant has
520520 been personally served with a copy of the motion and has had an
521521 opportunity to present evidence and cross-examine witnesses at a hearing
522522 on the motion, if the court determines by a preponderance of the evidence
523523 that the defendant has violated a valid protection order or (A) has
524524 previously violated a valid protection order, or (B) has been convicted of a
525525 person felony or any conspiracy, criminal solicitation or attempt thereof,
526526 under the laws of Kansas or the laws of any other jurisdiction which are
527527 substantially similar to such person felony, committed against the plaintiff
528528 or any member of the plaintiff's household, the court shall extend a
529529 protective order for not less than two additional years and may extend the
530530 protective order up to the lifetime of the defendant. No service fee shall be
531531 required for a motion filed pursuant to this subsection.
532532 (f) The court may amend its order or agreement at any time upon
533533 motion filed by either party.
534534 (g) No order or agreement under the protection from abuse act shall
535535 in any manner affect title to any real property.
536536 (h) If a person enters or remains on premises or property violating an
537537 order issued pursuant to subsection (a)(2), such violation shall constitute
538538 criminal trespass as defined in subsection (a)(1)(C) of K.S.A. 2022 Supp.
539539 21-5808(a)(1)(C), and amendments thereto, and violation of a protective
540540 order as defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
541541 If a person abuses, molests or interferes with the privacy or rights of
542542 another violating an order issued pursuant to subsection (a)(1), such
543543 violation may constitute assault as defined in subsection (a) of K.S.A.
544544 2022 Supp. 21-5412(a), and amendments thereto, battery as defined in
545545 subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and amendments thereto,
546546 domestic battery as defined in K.S.A. 2022 Supp. 21-5414, and
547547 amendments thereto, and violation of a protective order as defined in
548548 K.S.A. 2022 Supp. 21-5924, and amendments thereto.
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592592 Sec. 5. K.S.A. 2022 Supp. 60-31a04 is hereby amended to read as
593593 follows: 60-31a04. (a) A person may seek relief under the protection from
594594 stalking, sexual assault or human trafficking act by filing a verified
595595 petition with any judge of the district court or clerk of the court. A verified
596596 petition must allege facts sufficient to show the following:
597597 (1) The name of the stalking victim, sexual assault victim or human
598598 trafficking victim;
599599 (2) the name of the defendant;
600600 (3) the dates on which the alleged stalking, sexual assault or human
601601 trafficking behavior occurred; and
602602 (4) the acts committed by the defendant that are alleged to constitute
603603 stalking, sexual assault or human trafficking.
604604 (b) The following persons may seek relief under the protection from
605605 stalking, sexual assault or human trafficking act on behalf of a minor child
606606 by filing a verified petition with the judge of the district court or with the
607607 clerk of the court in the county where the stalking, sexual assault or human
608608 trafficking occurred:
609609 (1) A parent of the minor child;
610610 (2) an adult residing with the minor child; or
611611 (3) the child's court-appointed legal custodian or court-appointed
612612 legal guardian.
613613 (c) The following persons may seek relief for a minor child who is
614614 alleged to be a human trafficking victim under the protection from
615615 stalking, sexual assault or human trafficking act on behalf of the minor
616616 child by filing a verified petition with any district judge or with the clerk
617617 of the court alleging acts committed by an individual that are alleged to
618618 constitute human trafficking:
619619 (1) A parent of the minor child;
620620 (2) an adult residing with the minor child;
621621 (3) the child's court-appointed legal custodian or court-appointed
622622 legal guardian;
623623 (4) a county or district attorney; or
624624 (5) the attorney general.
625625 (d) The clerk of the court shall supply the forms for the petition and
626626 orders, which shall be prescribed by the judicial council.
627627 (e) (1) (A) Service of process served under this section shall be by
628628 personal service pursuant to article 3 of chapter 60 of the Kansas Statutes
629629 Annotated, and amendments thereto, and not by certified mail return
630630 receipt requested. Personal service may be made through short form
631631 notification by a law enforcement officer under section 2, and amendments
632632 thereto.
633633 (B) If personal service cannot be made on an individual, service is
634634 effected by leaving a copy of the summons and petition or other document
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678678 at the individual's dwelling or usual place of abode and mailing to the
679679 individual by first-class mail, postage prepaid, a notice that the copy has
680680 been left at the individual's dwelling or usual place of abode.
681681 (2) If the court determines that after diligent effort the plaintiff has
682682 been unable to serve the defendant under paragraph (1), the court may
683683 order that notice may be given in a manner reasonably calculated to give
684684 actual notice, including electronic means, and may be by publication if
685685 other means are not effective.
686686 (3) Service of minors and disabled persons as defined in K.S.A. 77-
687687 201, and amendments thereto, shall be in accordance with K.S.A. 60-304,
688688 and amendments thereto, or as ordered by the court.
689689 (4) No docket fee shall be required for proceedings under the
690690 protection from stalking, sexual assault or human trafficking act.
691691 (f) The victim's address and telephone number shall not be disclosed
692692 to the defendant or to the public, but only to authorized court or law
693693 enforcement personnel and to the commission on judicial performance in
694694 the discharge of the commission's duties pursuant to article 32 of chapter
695695 20 of the Kansas Statutes Annotated, and amendments thereto.
696696 Sec. 6. K.S.A. 2022 Supp. 60-3104, 60-3107 and 60-31a04 are
697697 hereby repealed.
698698 Sec. 7. This act shall take effect and be in force from and after its
699699 publication in the statute book.
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