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Kansas House Bill HB2379

Kansas 2023-2024 Regular Session

Kansas House Bill HB2379 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2379
33 By Committee on Judiciary
44 2-9
55 AN ACT concerning protection orders; relating to the protection from
66 abuse act and the protection from stalking, sexual assault and human
77 trafficking act; requiring orders issued pursuant to such acts to restrain
88 the plaintiff from contacting the defendant; amending K.S.A. 2022
99 Supp. 60-3107 and 60-31a06 and repealing the existing sections.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 Section 1. K.S.A. 2022 Supp. 60-3107 is hereby amended to read as
1212 follows: 60-3107. (a) The court may approve any consent agreement to
1313 bring about a cessation of abuse of the plaintiff or minor children or grant
1414 any of the following orders:
1515 (1) Restraining the defendant from abusing, molesting or interfering
1616 with the privacy or rights of the plaintiff or of any minor children of the
1717 parties. Such The order shall contain a statement that, if such the order is
1818 violated, such the violation may constitute assault as defined in subsection
1919 (a) of K.S.A. 2022 Supp. 21-5412(a), and amendments thereto, battery as
2020 defined in subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and
2121 amendments thereto, domestic battery as defined in K.S.A. 2022 Supp. 21-
2222 5414, and amendments thereto, and violation of a protective order as
2323 defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
2424 (2) Granting possession of the residence or household to the plaintiff
2525 to the exclusion of the defendant, and further restraining the defendant
2626 from entering or remaining upon or in such residence or household,
2727 subject to the limitation of subsection (d). Such The order shall contain a
2828 statement that, if such the order is violated, such the violation shall
2929 constitute criminal trespass as defined in subsection (a)(1)(C) of K.S.A.
3030 2022 Supp. 21-5808(a)(1)(C), and amendments thereto, and violation of a
3131 protective order as defined in K.S.A. 2022 Supp. 21-5924, and
3232 amendments thereto. The court may grant an order, which shall expire 60
3333 days following the date of issuance, restraining the defendant from
3434 cancelling utility service to the residence or household.
3535 (3) Requiring defendant to provide suitable, alternate housing for the
3636 plaintiff and any minor children of the parties.
3737 (4) Awarding temporary custody and residency and establishing
3838 temporary parenting time with regard to minor children.
3939 (5) Ordering a law enforcement officer to evict the defendant from
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7676 the residence or household.
7777 (6) Ordering support payments by a party for the support of a party's
7878 minor child, if the party is the father or mother of the child, or the plaintiff,
7979 if the plaintiff is married to the defendant. Such support orders shall
8080 remain in effect until modified or dismissed by the court or until expiration
8181 and shall be for a fixed period of time not to exceed one year. On the
8282 motion of the plaintiff, the court may extend the effect of such order for 12
8383 months.
8484 (7) Awarding costs and attorney fees to either party.
8585 (8) Making provision for the possession of personal property of the
8686 parties and ordering a law enforcement officer to assist in securing
8787 possession of that property, if necessary.
8888 (9) Requiring any person against whom an order is issued to seek
8989 counseling to aid in the cessation of abuse.
9090 (10) Ordering or restraining any other acts deemed necessary to
9191 promote the safety of the plaintiff or of any minor children of the parties.
9292 (b) No protection from abuse order shall be entered against the
9393 plaintiff unless:
9494 (1) The defendant properly files a written cross or counter petition
9595 seeking such a protection order;
9696 (2) the plaintiff had reasonable notice of the written cross or counter
9797 petition by personal service as provided in subsection (d) of K.S.A. 60-
9898 3104, and amendments thereto; and
9999 (3) the issuing court made specific findings of abuse against both the
100100 plaintiff and the defendant and determined that both parties acted primarily
101101 as aggressors and neither party acted primarily in self-defenseIf the court
102102 issues an order pursuant to subsection (a), the court shall issue an order
103103 restraining the plaintiff from abusing, molesting or interfering with the
104104 privacy or rights of the defendant. The order shall contain a statement
105105 that, if the order is violated, the violation may constitute violation of a
106106 protective order as defined in K.S.A. 2022 Supp. 21-5924, and
107107 amendments thereto.
108108 (c) Any order entered under the protection from abuse act shall not be
109109 subject to modification on ex parte application or on motion for temporary
110110 orders in any action filed pursuant to K.S.A. 60-1601 et seq., prior to their
111111 transfer or repeal, or article 22 or 27 of chapter 23 of the Kansas Statutes
112112 Annotated, and amendments thereto, or K.S.A. 38-1101 et seq., and
113113 amendments thereto. Orders previously issued in an action filed pursuant
114114 to K.S.A. 60-1601 et seq., prior to their transfer or repeal, or article 22 or
115115 27 of chapter 23 of the Kansas Statutes Annotated, and amendments
116116 thereto, or K.S.A. 38-1101 et seq., and amendments thereto, shall be
117117 subject to modification under the protection from abuse act only as to
118118 those matters subject to modification by the terms of K.S.A. 2022 Supp.
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162162 23-3201 through 23-3207 and 23-3218 and article 27 of chapter 23 of the
163163 Kansas Statutes Annotated, and amendments thereto, and on sworn
164164 testimony to support a showing of good cause. Immediate and present
165165 danger of abuse to the plaintiff or minor children shall constitute good
166166 cause. If an action is filed pursuant to K.S.A. 2022 Supp. 23-3201 through
167167 23-3207 or 23-3218 or article 22 or 27 of chapter 23 of the Kansas Statutes
168168 Annotated, and amendments thereto, during the pendency of a proceeding
169169 filed under the protection from abuse act or while an order issued under
170170 the protection from abuse act is in effect, the court, on final hearing or on
171171 agreement of the parties, may issue final orders authorized by K.S.A. 2022
172172 Supp. 23-3201 through 23-3207 and 23-3218 and articles 22 and 27 of
173173 chapter 23 of the Kansas Statutes Annotated, and amendments thereto, that
174174 are inconsistent with orders entered under the protection from abuse act.
175175 Any inconsistent order entered pursuant to this subsection shall be specific
176176 in its terms, reference the protection from abuse order and parts thereof
177177 being modified and a copy thereof shall be filed in both actions. The court
178178 shall consider whether the actions should be consolidated in accordance
179179 with K.S.A. 60-242, and amendments thereto. Any custody or parenting
180180 time order, or order relating to the best interests of a child, issued pursuant
181181 to the revised Kansas code for care of children or the revised Kansas
182182 juvenile justice code, shall be binding and shall take precedence over any
183183 such custody or parenting order involving the same child issued under the
184184 protection from abuse act, until jurisdiction under the revised Kansas code
185185 for care of children or the revised Kansas juvenile justice code is
186186 terminated. Any inconsistent custody or parenting order issued in the
187187 revised Kansas code for care of children case or the revised Kansas
188188 juvenile justice code case shall be specific in its terms, reference any
189189 preexisting protection from abuse order and the custody being modified,
190190 and a copy of such order shall be filed in the preexisting protection from
191191 abuse case.
192192 (d) If the parties to an action under the protection from abuse act are
193193 not married to each other and one party owns the residence or household,
194194 the court shall not have the authority to grant possession of the residence
195195 or household under subsection (a)(2) to the exclusion of the party who
196196 owns it.
197197 (e) Subject to the provisions of subsections (b), (c) and (d), a
198198 protective order or approved consent agreement shall remain in effect until
199199 modified or dismissed by the court and shall be for a fixed period of time
200200 not to exceed one year, except as provided in subsection (e)(1) and (e)(2).
201201 (1) Upon motion of the plaintiff, such period may be extended for one
202202 additional year.
203203 (2) Upon verified motion of the plaintiff and after the defendant has
204204 been personally served with a copy of the motion and has had an
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248248 opportunity to present evidence and cross-examine witnesses at a hearing
249249 on the motion, if the court determines by a preponderance of the evidence
250250 that the defendant has violated a valid protection order or (A) has
251251 previously violated a valid protection order, or (B) has been convicted of a
252252 person felony or any conspiracy, criminal solicitation or attempt thereof,
253253 under the laws of Kansas or the laws of any other jurisdiction which are
254254 substantially similar to such person felony, committed against the plaintiff
255255 or any member of the plaintiff's household, the court shall extend a
256256 protective order for not less than two additional years and may extend the
257257 protective order up to the lifetime of the defendant. No service fee shall be
258258 required for a motion filed pursuant to this subsection.
259259 (f) The court may amend its order or agreement at any time upon
260260 motion filed by either party.
261261 (g) No order or agreement under the protection from abuse act shall
262262 in any manner affect title to any real property.
263263 (h) If a person enters or remains on premises or property violating an
264264 order issued pursuant to subsection (a)(2), such violation shall constitute
265265 criminal trespass as defined in subsection (a)(1)(C) of K.S.A. 2022 Supp.
266266 21-5808(a)(1)(C), and amendments thereto, and violation of a protective
267267 order as defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
268268 If a person abuses, molests or interferes with the privacy or rights of
269269 another violating an order issued pursuant to subsection (a)(1), such
270270 violation may constitute assault as defined in subsection (a) of K.S.A.
271271 2022 Supp. 21-5412(a), and amendments thereto, battery as defined in
272272 subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and amendments thereto,
273273 domestic battery as defined in K.S.A. 2022 Supp. 21-5414, and
274274 amendments thereto, and violation of a protective order as defined in
275275 K.S.A. 2022 Supp. 21-5924, and amendments thereto.
276276 Sec. 2. K.S.A. 2022 Supp. 60-31a06 is hereby amended to read as
277277 follows: 60-31a06. (a) The court may issue a protection from stalking,
278278 sexual assault or human trafficking order granting any one or more of the
279279 following orders:
280280 (1) Restraining the defendant from following, harassing, telephoning,
281281 contacting or otherwise communicating with the victim. The order shall
282282 contain a statement that, if the order is violated, the violation may
283283 constitute stalking as defined in K.S.A. 2022 Supp. 21-5427, and
284284 amendments thereto, and violation of a protective order as defined in
285285 K.S.A. 2022 Supp. 21-5924, and amendments thereto.
286286 (2) Restraining the defendant from abusing, molesting or interfering
287287 with the privacy rights of the victim. The order shall contain a statement
288288 that, if the order is violated, the violation may constitute stalking as
289289 defined in K.S.A. 2022 Supp. 21-5427, and amendments thereto, assault as
290290 defined in K.S.A. 2022 Supp. 21-5412(a), and amendments thereto, battery
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334334 as defined in K.S.A. 2022 Supp. 21-5413(a), and amendments thereto, and
335335 violation of a protective order as defined in K.S.A. 2022 Supp. 21-5924,
336336 and amendments thereto.
337337 (3) Restraining the defendant from entering upon or in the victim's
338338 residence or the immediate vicinity thereof. The order shall contain a
339339 statement that, if the order is violated, the violation shall constitute
340340 criminal trespass as defined in K.S.A. 2022 Supp. 21-5808(a)(1)(C), and
341341 amendments thereto, and violation of a protective order as defined in
342342 K.S.A. 2022 Supp. 21-5924, and amendments thereto.
343343 (4) Restraining the defendant from committing or attempting to
344344 commit a sexual assault upon the victim. The order shall contain a
345345 statement that, if the order is violated, the violation shall constitute
346346 violation of a protective order as defined in K.S.A. 2022 Supp. 21-5924,
347347 and amendments thereto. The order shall also contain a statement that, if
348348 the order is violated, the violation may constitute a sex offense under
349349 article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments
350350 thereto, and the accused may be prosecuted, convicted of and punished for
351351 such sex offense.
352352 (5) Restraining the defendant from following, harassing, telephoning,
353353 contacting, recruiting, harboring, transporting, or committing or attempting
354354 to commit human trafficking upon the human trafficking victim, or
355355 otherwise communicating with the human trafficking victim. The order
356356 shall contain a statement that, if the order is violated, the violation shall
357357 constitute violation of a protective order as defined in K.S.A. 2022 Supp.
358358 21-5924, and amendments thereto. The order shall also contain a statement
359359 that, if the order is violated, the violation may constitute an offense under
360360 chapter 21 of the Kansas Statutes Annotated, and amendments thereto, and
361361 the accused may be prosecuted, convicted of and punished for such
362362 offense.
363363 (6) Any other order deemed necessary by the court to carry out the
364364 provisions of this act.
365365 (b) (1) If the court issues an order pursuant to subsection (a), the
366366 court shall issue an order restraining the plaintiff from harassing,
367367 telephoning, contacting or otherwise communicating with the defendant.
368368 The order shall contain a statement that, if the order is violated, the
369369 violation may constitute violation of a protective order as defined in K.S.A.
370370 2022 Supp. 21-5924, and amendments thereto. 
371371 (2) A protection from stalking, sexual abuse or human trafficking
372372 order shall remain in effect until modified or dismissed by the court and
373373 shall be for a fixed period of time not to exceed one year except as
374374 provided in subsections (c) and (d).
375375 (c) Upon motion of the plaintiff the court may extend the order for an
376376 additional year.
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420420 (d) (1) Upon verified motion of the plaintiff and after the defendant
421421 has been personally served with a copy of the motion and has had an
422422 opportunity to present evidence and cross-examine witnesses at a hearing
423423 on the motion, the court shall extend a protective order for not less than
424424 two additional years and up to a period of time not to exceed the lifetime
425425 of the defendant, if the court determines by a preponderance of the
426426 evidence that the defendant has:
427427 (1)(A) Violated a valid protection order;
428428 (2)(B) previously violated a valid protection order; or
429429 (3)(C) been convicted of a person felony or any conspiracy, criminal
430430 solicitation or attempt thereof, under the laws of Kansas or the laws of any
431431 other jurisdiction which are substantially similar to such person felony,
432432 committed against the plaintiff or any member of the plaintiff's household.
433433 (2) No service fee shall be required for a motion filed pursuant to this
434434 subsection.
435435 (e) The court may amend its order at any time upon motion filed by
436436 either party.
437437 (f) The court shall assess costs against the defendant and may award
438438 attorney fees to the victim in any case in which the court issues a
439439 protection from stalking, sexual assault or human trafficking order
440440 pursuant to this act. The court may award attorney fees to the defendant in
441441 any case where the court finds that the petition to seek relief pursuant to
442442 this act is without merit.
443443 (g) A no contact or restraining provision in a protective order issued
444444 pursuant to this section shall not be construed to prevent:
445445 (1) Contact between the attorneys representing the parties;
446446 (2) a party from appearing at a scheduled court or administrative
447447 hearing; or
448448 (3) a defendant or defendant's attorney from sending the plaintiff
449449 copies of any legal pleadings filed in court relating to civil or criminal
450450 matters presently relevant to the plaintiff.
451451 Sec. 3. K.S.A. 2022 Supp. 60-3107 and 60-31a06 are hereby
452452 repealed.
453453 Sec. 4. This act shall take effect and be in force from and after its
454454 publication in the statute book.
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