As Amended by Senate Committee
Session of 2023
SENATE BILL No. 217
By Committee on Judiciary
2-8
AN ACT concerning the unlawful use of electronic tracking systems or
tracking information; relating to stalking; providing criminal penalties
for the conduct of utilizing any electronic tracking system or acquiring
tracking information to determine the targeted person's location,
movement or travel patterns when done as part of an unlawful course of
conduct; authorizing orders to prohibit such conduct under the Kansas
family law code, the revised Kansas code for care of children, the
protection from abuse act and the protection from stalking, sexual
assault or human trafficking act; amending K.S.A. 38-2243, 38-2244
and 38-2255 and K.S.A. 2022 Supp. 21-5427, 23-2224, 23-2707, 60-
3107 and 60-31a06 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 21-5427 is hereby amended to read as
follows: 21-5427. (a) Stalking is:
(1) Recklessly engaging in a course of conduct targeted at a specific
person which would cause a reasonable person in the circumstances of the
targeted person to fear for such person's safety, or the safety of a member
of such person's immediate family and the targeted person is actually
placed in such fear;
(2) engaging in a course of conduct targeted at a specific person with
knowledge that the course of conduct will place the targeted person in fear
for such person's safety or the safety of a member of such person's
immediate family;
(3) after being served with, or otherwise provided notice of, any
protective order included in K.S.A. 21-3843, prior to its repeal or K.S.A.
2022 Supp. 21-5924, and amendments thereto, that prohibits contact with a
targeted person, recklessly engaging in at least one act listed in subsection
(f)(1) that violates the provisions of the order and would cause a
reasonable person to fear for such person's safety, or the safety of a
member of such person's immediate family and the targeted person is
actually placed in such fear; or
(4) intentionally engaging in a course of conduct targeted at a specific
child under the age of 14 that would cause a reasonable person in the
circumstances of the targeted child, or a reasonable person in the
circumstances of an immediate family member of such child, to fear for
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such child's safety.
(b) Stalking as defined in:
(1) Subsection (a)(1) is a:
(A) Class A person misdemeanor, except as provided in subsection
(b)(1)(B); and
(B) severity level 7, person felony upon a second or subsequent
conviction;
(2) subsection (a)(2) is a:
(A) Class A person misdemeanor, except as provided in subsection
(b)(2)(B); and
(B) severity level 5, person felony upon a second or subsequent
conviction;
(3) subsection (a)(3) is a:
(A) Severity level 9, person felony, except as provided in subsection
(b)(3)(B); and
(B) severity level 5, person felony, upon a second or subsequent
conviction; and
(4) subsection (a)(4) is a:
(A) Severity level 7, person felony, except as provided in subsection
(b)(4)(B); and
(B) severity level 4, person felony, upon a second or subsequent
conviction.
(c) For the purposes of this section, a person served with a protective
order as defined by K.S.A. 21-3843, prior to its repeal or K.S.A. 2022
Supp. 21-5924, and amendments thereto, or a person who engaged in acts
which would constitute stalking, after having been advised by a law
enforcement officer, that such person's actions were in violation of this
section, shall be presumed to have acted knowingly as to any like future
act targeted at the specific person or persons named in the order or as
advised by the officer.
(d) In a criminal proceeding under this section, a person claiming an
exemption, exception or exclusion has the burden of going forward with
evidence of the claim.
(e) The present incarceration of a person alleged to be violating this
section shall not be a bar to prosecution under this section.
(f) As used in this section:
(1) "Course of conduct" means two or more acts over a period of
time, however short, which evidence a continuity of purpose. A course of
conduct shall not include constitutionally protected activity nor conduct
that was necessary to accomplish a legitimate purpose independent of
making contact with the targeted person. A course of conduct shall include,
but not be limited to, any of the following acts or a combination thereof:
(A) Threatening the safety of the targeted person or a member of such
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person's immediate family;
(B) following, approaching or confronting the targeted person or a
member of such person's immediate family;
(C) appearing in close proximity to, or entering the targeted person's
residence, place of employment, school or other place where such person
can be found, or the residence, place of employment or school of a
member of such person's immediate family;
(D) causing damage to the targeted person's residence or property or
that of a member of such person's immediate family;
(E) placing an object on the targeted person's property or the property
of a member of such person's immediate family, either directly or through
a third person;
(F) causing injury to the targeted person's pet or a pet belonging to a
member of such person's immediate family;
(G) utilizing any electronic tracking system or acquiring tracking
information to determine the targeted person's location, movement or
travel patterns; and
(H) any act of communication;
(2) "communication" means to impart a message by any method of
transmission, including, but not limited to: Telephoning, personally
delivering, sending or having delivered, any information or material by
written or printed note or letter, package, mail, courier service or electronic
transmission, including electronic transmissions generated or
communicated via a computer;
(3) "computer" means a programmable, electronic device capable of
accepting and processing data;
(4) "conviction" includes being convicted of a violation of K.S.A. 21-
3438, prior to its repeal, this section or a law of another state which
prohibits the acts that this section prohibits; and
(5) "immediate family" means:
(A) Father, mother, stepparent, child, stepchild, sibling, spouse or
grandparent of the targeted person;
(B) any person residing in the household of the targeted person; or
(C) any person involved in an intimate relationship with the targeted
person.
Sec. 2. K.S.A. 2022 Supp. 23-2224 is hereby amended to read as
follows: 23-2224. (a) The court, without requiring bond, may make and
enforce orders which that:
(1) Restrain the parties from molesting or interfering with the
privacy or rights of each other, including, but not limited to, utilizing any
electronic tracking system or acquiring tracking information to determine
the other person's location, movement or travel patterns;
(2) confirm the existing de facto custody of the child subject to
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further order of the court, if the court has jurisdiction under K.S.A.
2022 Supp. 23-37,101 et seq., and amendments thereto;
(3) appoint an expert to conduct genetic tests for determination of
paternity as provided in K.S.A. 2022 Supp. 23-2212, and amendments
thereto;
(4) order the mother and child and alleged father to contact the
court appointed expert and provide tissue samples for testing within 30
days after service of the order;
(5) order the payment of temporary child support pursuant to
subsection (c); or
(6) the court deems appropriate under the provisions of article 22 of
chapter 23 of the Kansas Statutes Annotated, and amendments thereto.
(b) (1) Interlocutory orders authorized by this section that relate to
genetic testing may be issued ex parte, if:
(A) The appointed expert is a paternity laboratory accredited by the
American association of blood banks; and
(B) the order does not require an adverse party to make advance
payment toward the cost of the test.
(2) If such ex parte orders are issued, and if an adverse party
requests modification thereof, the court will conduct a hearing within 10
days of such request.
(c) After notice and hearing, the court shall enter an order for child
support during the pendency of the action as provided in this subsection.
The order shall be entered if the pleadings and the motion for temporary
support, if separate from the pleadings, indicate there is only one
presumed father and if probable paternity by the presumed father is
indicated by clear and convincing evidence. For purposes of this
subsection, "clear and convincing evidence" may be presented in any
form, including, but not limited to, an uncontested allegation in the
pleadings, an uncontested affidavit or an agreement between the parties.
For purposes of this subsection, "clear and convincing evidence"
means:
(1) The presumed father does not deny paternity;
(2) the mother and the presumed father were married to each other,
regardless of whether the marriage was void or voidable, at any time
between 300 days before the child's birth and the child's birth;
(3) a voluntary acknowledgment of paternity was completed by the
mother and the presumed father more than 60 days before the motion
was filed and no request to revoke the voluntary acknowledgment has
been filed; or
(4) results of genetic tests show the probability of paternity by the
presumed father is equal to or greater than 97% and the report was
received more than 20 days before the motion was filed, unless written
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notice of intent to challenge the validity of the report has been timely
given.
Sec. 2. 3. K.S.A. 2022 Supp. 23-2707 is hereby amended to read as
follows: 23-2707. (a) Permissible orders. After the filing of a petition for
divorce, annulment or separate maintenance, and during the pendency of
the action until the entry of final judgment the judge assigned to hear the
action may, without requiring bond, make, modify, vacate and enforce by
attachment, orders which that:
(1) Jointly restrain the parties with regard to disposition of the
property of the parties and provide for the use, occupancy, management
and control of that property, including, but not limited to, utilizing any
electronic tracking system or acquiring tracking information to determine
the other person's location, movement or travel patterns;
(2) restrain the parties from molesting or interfering with the privacy
or rights of each other, including, but not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the other person's location, movement or travel patterns;
(3) provide for the legal custody and residency of and parenting time
with the minor children and the support, if necessary, of either party and of
the minor children during the pendency of the action;
(4) require mediation between the parties on issues, including, but not
limited to, child custody, residency, division of property, parenting time
and development of a parenting plan;
(5) make provisions, if necessary, for the expenses of the suit,
including reasonable attorney's fees, that will insure to either party
efficient preparation for the trial of the case;
(6) require an investigation by court service officers into any issue
arising in the action; or
(7) require that each parent execute any and all documents, including
any releases, necessary so that both parents may obtain information from
and to communicate with any health insurance provider regarding the
health insurance coverage provided by such health insurance provider to
the child. The provisions of this paragraph shall apply irrespective of
which parent owns, subscribes or pays for such health insurance coverage.
(b) Ex parte orders. Orders authorized by subsections (a)(1), (2), (3),
(4) and (7) may be entered after ex parte hearing upon compliance with
rules of the supreme court, except that no ex parte order shall have the
effect of changing the residency of a minor child from the parent who has
had the sole de facto residency of the child to the other parent unless there
is sworn testimony to support a showing of extraordinary circumstances. If
an interlocutory order is issued ex parte, the court shall hear a motion to
vacate or modify the order within 14 days of the date on which a party
requests a hearing whether to vacate or modify the order. In the absence,
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disability, or disqualification of the judge assigned to hear the action, any
other judge of the district court may make any order authorized by this
section, including vacation or modification or any order issued by the
judge assigned to hear the action.
(c) Support orders. (1) An order of support obtained pursuant to this
section may be enforced by an order of garnishment as provided in this
section.
(2) No order of garnishment shall be issued under this section unless:
(A) Fourteen or more days have elapsed since the order of support was
served upon the party required to pay the support; and (B) the order of
support contained a notice that the order of support may be enforced by
garnishment and that the party has a right to request an opportunity for a
hearing to contest the issuance of an order of garnishment, if the hearing is
requested by motion filed within seven days after service of the order of
support upon the party. If a hearing is requested, the court shall hold the
hearing within seven days after the motion requesting the hearing is filed
with the court or at a later date agreed to by the parties.
(3) No bond shall be required for the issuance of an order of
garnishment pursuant to this section. Except as provided in this section,
garnishments authorized by this section shall be subject to the procedures
and limitations applicable to other orders of garnishment authorized by
law.
(4) A party desiring to have the order of garnishment issued shall file
an affidavit with the clerk of the district court stating that:
(A) The order of support contained the notice required by this
subsection;
(B) fourteen or more days have elapsed since the order of support
was served upon the party required to pay the support; and
(C) either no hearing was requested on the issuance of an order of
garnishment within the seven days after service of the order of support
upon the party required to pay the same or a hearing was requested and
held and the court did not prohibit the issuance of an order of garnishment.
(d) If an interlocutory order for legal custody, residency or parenting
time is sought, the party seeking such order shall file a proposed temporary
parenting plan as provided by K.S.A. 2022 Supp. 23-3211, and
amendments thereto, at the time such order is sought. If any motion is filed
to modify any such interlocutory orders, or in opposition to a request for
issuance of interlocutory orders, that party shall attach to such motion or
opposition a proposed alternative parenting plan.
(e) Service of process. Service of process served under subsection (a)
(1) and (2) shall be by personal service and not by certified mail return
receipt requested.
Sec. 3. 4. K.S.A. 38-2243 is hereby amended to read as follows: 38-
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2243. (a) Upon notice and hearing, the court may issue an order directing
who shall have temporary custody and may modify the order during the
pendency of the proceedings as will best serve the child's welfare.
(b) A hearing pursuant to this section shall be held within 72 hours,
excluding Saturdays, Sundays, legal holidays, and days on which the
office of the clerk of the court is not accessible, following a child having
been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is
required, the court shall immediately set the time and place for the hearing.
Notice of a temporary custody hearing shall be given to all parties and
interested parties.
(d) Notice of the temporary custody hearing shall be given at least 24
hours prior to the hearing. The court may continue the hearing to afford the
24 hours prior notice or, with the consent of the party or interested party,
proceed with the hearing at the designated time. If an order of temporary
custody is entered and the parent or other person having custody of the
child has not been notified of the hearing, did not appear or waive
appearance and requests a rehearing, the court shall rehear the matter
without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary custody
hearing where there is insufficient time to give written notice. Oral notice
is completed upon filing a certificate of oral notice.
(f) The court may enter an order of temporary custody after
determining there is probable cause to believe that the:
(1) Child is dangerous to self or to others;
(2) child is not likely to be available within the jurisdiction of the
court for future proceedings;
(3) health or welfare of the child may be endangered without further
care;
(4) child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and
amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A. 2022 Supp. 21-6422, and amendments thereto;
(5) child is experiencing a mental health crisis and is in need of
treatment; or
(6) child committed an act which, if committed by an adult, would
constitute a violation of K.S.A. 2022 Supp. 21-6419, and amendments
thereto.
(g) (1) Whenever the court determines the necessity for an order of
temporary custody the court may place the child in the temporary custody
of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (h);
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(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of the
Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of law,
if the child has been subjected to human trafficking or aggravated human
trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and amendments
thereto, or commercial sexual exploitation of a child, as defined by K.S.A.
2022 Supp. 21-6422, and amendments thereto, or the child committed an
act which, if committed by an adult, would constitute a violation of K.S.A.
2022 Supp. 21-6419, and amendments thereto;
(F) after written authorization by a community mental health center, a
juvenile crisis intervention center, as described in K.S.A. 65-536, and
amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16 or
17 years of age if the child has no identifiable parental or family resources
or shows signs of physical, mental, emotional or sexual abuse.
(2) If the secretary presents the court with a plan to provide services
to a child or family which the court finds will assure the safety of the
child, the court may only place the child in the temporary custody of the
secretary until the court finds the services are in place. The court shall
have the authority to require any person or entity agreeing to participate in
the plan to perform as set out in the plan. When the child is placed in the
temporary custody of the secretary, the secretary shall have the
discretionary authority to place the child with a parent or to make other
suitable placement for the child. When the child is placed in the temporary
custody of the secretary and the child has been subjected to human
trafficking or aggravated human trafficking, as defined by K.S.A. 2022
Supp. 21-5426, and amendments thereto, or commercial sexual
exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422, and
amendments thereto, or the child committed an act which, if committed by
an adult, would constitute a violation of K.S.A. 2022 Supp. 21-6419, and
amendments thereto, the secretary shall have the discretionary authority to
place the child in a staff secure facility, notwithstanding any other
provision of law. When the child is presently alleged, but not yet
adjudicated to be a child in need of care solely pursuant to K.S.A. 38-
2202(d)(9) or (d)(10), and amendments thereto, the child may be placed in
a secure facility, but the total amount of time that the child may be held in
such facility under this section and K.S.A. 38-2242, and amendments
thereto, shall not exceed 24 hours, excluding Saturdays, Sundays, legal
holidays, and days on which the office of the clerk of the court is not
accessible. The order of temporary custody shall remain in effect until
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modified or rescinded by the court or an adjudication order is entered but
not exceeding 60 days, unless good cause is shown and stated on the
record.
(h) If the court issues an order of temporary custody, the court may
also enter an order restraining any alleged perpetrator of physical, sexual,
mental or emotional abuse of the child from residing in the child's home;
visiting, contacting, harassing or intimidating the child; or attempting to
visit, contact, harass or intimidate the child, other family members or
witnesses. Such restraining order shall be served by personal service
pursuant to K.S.A. 38-2237(a), and amendments thereto, on any alleged
perpetrator to whom the order is directed.
(i) (1) The court shall not enter the initial order removing a child from
the custody of a parent pursuant to this section unless the court first finds
probable cause that: (A) (i) The child is likely to sustain harm if not
immediately removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare of
the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit and
prevent the unnecessary removal of the child from the child's home or that
an emergency exists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the court.
If the child is placed in the custody of the secretary, upon making the order
the court shall provide the secretary with a written copy.
(j) If the court enters an order of temporary custody that provides for
placement of the child with a person other than the parent, the court shall
make a child support determination pursuant to K.S.A. 38-2277, and
amendments thereto.
(k) For the purposes of this section, "harassing or intimidating" and
"harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to determine
the targeted person's location, movement or travel patterns.
Sec. 4. 5. K.S.A. 38-2244 is hereby amended to read as follows: 38-
2244. (a) At any time after filing a petition, but prior to an adjudication,
the court may enter an order for continuance and informal supervision
without an adjudication if no party objects. Upon granting the continuance,
the court shall include in the order any conditions with which the parties
and interested parties are expected to comply and provide the parties and
interested parties with a copy of the order. The conditions may include
appropriate dispositional alternatives authorized by K.S.A. 38-2255, and
amendments thereto.
(b) An order for informal supervision may remain in force for a
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period of up to six months and may be extended, upon hearing, for an
additional six-month period for a total of one year. For a child under an
order for informal supervision who remains in the custody of such child's
parent, such one-year period may be extended if no party objects, upon
hearing, for up to an additional one year, with reviews by the court
occurring at least every six months.
(c) The court after notice and hearing may revoke or modify the order
with respect to a party or interested party upon a showing that the party or
interested party, being subject to the order for informal supervision, has
substantially failed to comply with the terms of the order, or that
modification would be in the best interests of the child. Upon revocation,
proceedings shall resume pursuant to this code.
(d) Persons subject to the order for informal supervision who
successfully complete the terms and period of supervision shall not again
be proceeded against in any court based solely upon the allegations in the
original petition and the proceedings shall be dismissed.
(e) If the court issues an order for informal supervision pursuant to
this section, the court may also enter an order restraining any alleged
perpetrator of physical, mental or emotional abuse or sexual abuse of the
child from residing in the child's home, visiting, contacting, harassing or
intimidating the child, other family member or witness; or attempting to
visit, contact, harass or intimidate the child, other family member or
witness. The restraining order shall be served by personal service pursuant
to subsection (a) of K.S.A. 38-2237, and amendments thereto, on any
alleged perpetrator to whom the order is directed.
(f) Lack of service on a parent shall not preclude an informal
supervision under the provisions of this section. If an order of informal
supervision is entered which effects change in custody, any parent not
served pursuant to K.S.A. 38-2237, and amendments thereto, who has not
consented to the informal supervision, may request reconsideration of the
order of informal supervision. The court shall hear the request without
unnecessary delay. If the informal supervision order effects a change in
custody, efforts to accomplish service pursuant to K.S.A. 38-2237, and
amendments thereto, shall continue.
(g) For the purposes of this section, "harassing or intimidating" and
"harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to determine
the targeted person's location, movement or travel patterns.
Sec. 5. 6. K.S.A. 38-2255 is hereby amended to read as follows: 38-
2255. (a) Considerations. Prior to entering an order of disposition, the
court shall give consideration to:
(1) The child's physical, mental and emotional condition;
(2) the child's need for assistance;
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(3) the manner in which the parent participated in the abuse, neglect
or abandonment of the child;
(4) any relevant information from the intake and assessment process;
and
(5) the evidence received at the dispositional hearing.
(b) Custody with a parent. The court may place the child in the
custody of either of the child's parents subject to terms and conditions
which the court prescribes to assure the proper care and protection of the
child, including, but not limited to:
(1) Supervision of the child and the parent by a court services officer;
(2) participation by the child and the parent in available programs
operated by an appropriate individual or agency; and
(3) any special treatment or care which the child needs for the child's
physical, mental or emotional health and safety.
(c) Removal of a child from custody of a parent. The court shall not
enter the initial order removing a child from the custody of a parent
pursuant to this section unless the court first finds probable cause that: (1)
(A) The child is likely to sustain harm if not immediately removed from
the home;
(B) allowing the child to remain in home is contrary to the welfare of
the child; or
(C) immediate placement of the child is in the best interest of the
child; and
(2) reasonable efforts have been made to maintain the family unit and
prevent the unnecessary removal of the child from the child's home or that
an emergency exists which threatens the safety to the child.
The court shall not enter an order removing a child from the custody of
a parent pursuant to this section based solely on the finding that the parent
is homeless.
(d) Custody of a child removed from the custody of a parent. If the
court has made the findings required by subsection (c), the court shall
enter an order awarding custody to: A relative of the child or to a person
with whom the child has close emotional ties who shall not be required to
be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated,
and amendments thereto; any other suitable person; a shelter facility; a
youth residential facility; a staff secure facility, notwithstanding any other
provision of law, if the child has been subjected to human trafficking or
aggravated human trafficking, as defined by K.S.A. 2022 Supp. 21-5426,
and amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A. 2022 Supp. 21-6422, and amendments thereto, or the
child committed an act which, if committed by an adult, would constitute a
violation of K.S.A. 2022 Supp. 21-6419, and amendments thereto; or, if
the child is 15 years of age or younger, or 16 or 17 years of age if the child
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has no identifiable parental or family resources or shows signs of physical,
mental, emotional or sexual abuse, to the secretary. Custody awarded
under this subsection shall continue until further order of the court.
(1) When custody is awarded to the secretary, the secretary shall
consider any placement recommendation by the court and notify the court
of the placement or proposed placement of the child within 10 days of the
order awarding custody. After providing the parties or interested parties
notice and opportunity to be heard, the court may determine whether the
secretary's placement or proposed placement is contrary to the welfare or
in the best interests of the child. In making that determination the court
shall consider the health and safety needs of the child and the resources
available to meet the needs of children in the custody of the secretary. If
the court determines that the placement or proposed placement is contrary
to the welfare or not in the best interests of the child, the court shall notify
the secretary, who shall then make an alternative placement.
(2) The custodian designated under this subsection shall notify the
court in writing at least 10 days prior to any planned placement with a
parent. The written notice shall state the basis for the custodian's belief that
placement with a parent is no longer contrary to the welfare or best interest
of the child. Upon reviewing the notice, the court may allow the custodian
to proceed with the planned placement or may set the date for a hearing to
determine if the child shall be allowed to return home. If the court sets a
hearing on the matter, the custodian shall not return the child home without
written consent of the court.
(3) The court may grant any person reasonable rights to visit the child
upon motion of the person and a finding that the visitation rights would be
in the best interests of the child.
(4) The court may enter an order restraining any alleged perpetrator
of physical, mental or emotional abuse or sexual abuse of the child from:
Residing in the child's home; visiting, contacting, harassing or intimidating
the child, other family member or witness; or attempting to visit, contact,
harass or intimidate the child, other family member or witness. Such
restraining order shall be served by personal service pursuant to K.S.A.
38-2237(a), and amendments thereto, on any alleged perpetrator to whom
the order is directed.
(5) The court shall provide a copy of any orders entered within 10
days of entering the order to the custodian designated under this
subsection.
(e) Further determinations regarding a child removed from the home.
If custody has been awarded under subsection (d) to a person other than a
parent, a permanency plan shall be provided or prepared pursuant to
K.S.A. 38-2264, and amendments thereto. If a permanency plan is
provided at the dispositional hearing, the court may determine whether
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reintegration is a viable alternative or, if reintegration is not a viable
alternative, whether the child should be placed for adoption or a permanent
custodian appointed. In determining whether reintegration is a viable
alternative, the court shall consider:
(1) Whether a parent has been found by a court to have committed
one of the following crimes or to have violated the law of another state
prohibiting such crimes or to have aided and abetted, attempted, conspired
or solicited the commission of one of these crimes: (A) Murder in the first
degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 2022 Supp. 21-5402,
and amendments thereto; (B) murder in the second degree, K.S.A. 21-
3402, prior to its repeal, or K.S.A. 2022 Supp. 21-5403, and amendments
thereto; (C) capital murder, K.S.A. 21-3439, prior to its repeal, or K.S.A.
2022 Supp. 21-5401, and amendments thereto; (D) voluntary
manslaughter, K.S.A. 21-3403, prior to its repeal, or K.S.A. 2022 Supp.
21-5404, and amendments thereto; or (E) a felony battery that resulted in
bodily injury;
(2) whether a parent has subjected the child or another child to
aggravated circumstances;
(3) whether a parent has previously been found to be an unfit parent
in proceedings under this code or in comparable proceedings under the
laws of another state or the federal government;
(4) whether the child has been in the custody of the secretary and
placed with neither parent for 15 of the most recent 22 months beginning
60 days after the date on which a child in the secretary's custody was
removed from the child's home;
(5) whether the parents have failed to work diligently toward
reintegration;
(6) whether the secretary has provided the family with services
necessary for the safe return of the child to the home; and
(7) whether it is reasonable to expect reintegration to occur within a
time frame consistent with the child's developmental needs.
(f) Proceedings if reintegration is not a viable alternative. If the court
determines that reintegration is not a viable alternative, proceedings to
terminate parental rights and permit placement of the child for adoption or
appointment of a permanent custodian shall be initiated unless the court
finds that compelling reasons have been documented in the case plan why
adoption or appointment of a permanent custodian would not be in the best
interests of the child. If compelling reasons have not been documented, the
county or district attorney shall file a motion within 30 days to terminate
parental rights or a motion to appoint a permanent custodian within 30
days and the court shall hold a hearing on the motion within 90 days of its
filing. No hearing is required when the parents voluntarily relinquish
parental rights or consent to the appointment of a permanent custodian.
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(g) Additional Orders. In addition to or in lieu of any other order
authorized by this section:
(1) The court may order the child and the parents of any child who
has been adjudicated a child in need of care to attend counseling sessions
as the court directs. The expense of the counseling may be assessed as an
expense in the case. No mental health provider shall charge a greater fee
for court-ordered counseling than the provider would have charged to the
person receiving counseling if the person had requested counseling on the
person's own initiative.
(2) If the court has reason to believe that a child is before the court
due, in whole or in part, to the use or misuse of alcohol or a violation of
K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto, by
the child, a parent of the child, or another person responsible for the care
of the child, the court may order the child, parent of the child or other
person responsible for the care of the child to submit to and complete an
alcohol and drug evaluation by a qualified person or agency and comply
with any recommendations. If the evaluation is performed by a
community-based alcohol and drug safety program certified pursuant to
K.S.A. 8-1008, and amendments thereto, the child, parent of the child or
other person responsible for the care of the child shall pay a fee not to
exceed the fee established by that statute. If the court finds that the child
and those legally liable for the child's support are indigent, the fee may be
waived. In no event shall the fee be assessed against the secretary.
(3) If child support has been requested and the parent or parents have
a duty to support the child, the court may order one or both parents to pay
child support and, when custody is awarded to the secretary, the court shall
order one or both parents to pay child support. The court shall determine,
for each parent separately, whether the parent is already subject to an order
to pay support for the child. If the parent is not presently ordered to pay
support for any child who is subject to the jurisdiction of the court and the
court has personal jurisdiction over the parent, the court shall order the
parent to pay child support in an amount determined under K.S.A. 38-
2277, and amendments thereto. Except for good cause shown, the court
shall issue an immediate income withholding order pursuant to K.S.A.
2022 Supp. 23-3101 et seq., and amendments thereto, for each parent
ordered to pay support under this subsection, regardless of whether a payor
has been identified for the parent. A parent ordered to pay child support
under this subsection shall be notified, at the hearing or otherwise, that the
child support order may be registered pursuant to K.S.A. 38-2279, and
amendments thereto. The parent shall also be informed that, after
registration, the income withholding order may be served on the parent's
employer without further notice to the parent and the child support order
may be enforced by any method allowed by law. Failure to provide this
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notice shall not affect the validity of the child support order.
(h) For the purposes of this section, "harassing or intimidating" and
"harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to determine
the targeted person's location, movement or travel patterns.
Sec. 6. 7. K.S.A. 2022 Supp. 60-3107 is hereby amended to read as
follows: 60-3107. (a) The court may approve any consent agreement to
bring about a cessation of abuse of the plaintiff or minor children or grant
any of the following orders:
(1) Restraining the defendant from abusing, molesting or interfering
with the privacy or rights of the plaintiff or of any minor children of the
parties, including, but not limited to, utilizing any electronic tracking
system or acquiring tracking information to determine the other person's
location, movement or travel patterns. Such order shall contain a statement
that if such order is violated, such violation may constitute assault as
defined in subsection (a) of K.S.A. 2022 Supp. 21-5412(a), and
amendments thereto, battery as defined in subsection (a) of K.S.A. 2022
Supp. 21-5413(a), and amendments thereto, domestic battery as defined in
K.S.A. 2022 Supp. 21-5414, and amendments thereto, and violation of a
protective order as defined in K.S.A. 2022 Supp. 21-5924, and
amendments thereto.
(2) Granting possession of the residence or household to the plaintiff
to the exclusion of the defendant, and further restraining the defendant
from entering or remaining upon or in such residence or household,
subject to the limitation of subsection (d). Such order shall contain a
statement that if such order is violated, such violation shall constitute
criminal trespass as defined in subsection (a)(1)(C) of K.S.A. 2022 Supp.
21-5808(a)(1)(C), and amendments thereto, and violation of a protective
order as defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
The court may grant an order, which shall expire 60 days following the
date of issuance, restraining the defendant from cancelling utility service
to the residence or household.
(3) Requiring defendant to provide suitable, alternate housing for the
plaintiff and any minor children of the parties.
(4) Awarding temporary custody and residency and establishing
temporary parenting time with regard to minor children.
(5) Ordering a law enforcement officer to evict the defendant from
the residence or household.
(6) Ordering support payments by a party for the support of a party's
minor child, if the party is the father or mother of the child, or the plaintiff,
if the plaintiff is married to the defendant. Such support orders shall
remain in effect until modified or dismissed by the court or until expiration
and shall be for a fixed period of time not to exceed one year. On the
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motion of the plaintiff, the court may extend the effect of such order for 12
months.
(7) Awarding costs and attorney fees to either party.
(8) Making provision for the possession of personal property of the
parties and ordering a law enforcement officer to assist in securing
possession of that property, if necessary.
(9) Requiring any person against whom an order is issued to seek
counseling to aid in the cessation of abuse.
(10) Ordering or restraining any other acts deemed necessary to
promote the safety of the plaintiff or of any minor children of the parties.
(b) No protection from abuse order shall be entered against the
plaintiff unless:
(1) The defendant properly files a written cross or counter petition
seeking such a protection order;
(2) the plaintiff had reasonable notice of the written cross or counter
petition by personal service as provided in subsection (d) of K.S.A. 60-
3104(d), and amendments thereto; and
(3) the issuing court made specific findings of abuse against both the
plaintiff and the defendant and determined that both parties acted primarily
as aggressors and neither party acted primarily in self-defense.
(c) Any order entered under the protection from abuse act shall not be
subject to modification on ex parte application or on motion for temporary
orders in any action filed pursuant to K.S.A. 60-1601 et seq., prior to their
transfer or repeal, or article 22 or 27 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 38-1101 et seq., and
amendments thereto. Orders previously issued in an action filed pursuant
to K.S.A. 60-1601 et seq., prior to their transfer or repeal, or article 22 or
27 of chapter 23 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 38-1101 et seq., and amendments thereto, shall be
subject to modification under the protection from abuse act only as to
those matters subject to modification by the terms of K.S.A. 2022 Supp.
23-3201 through 23-3207 and 23-3218 and article 27 of chapter 23 of the
Kansas Statutes Annotated, and amendments thereto, and on sworn
testimony to support a showing of good cause. Immediate and present
danger of abuse to the plaintiff or minor children shall constitute good
cause. If an action is filed pursuant to K.S.A. 2022 Supp. 23-3201 through
23-3207 or 23-3218 or article 22 or 27 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, during the pendency of a proceeding
filed under the protection from abuse act or while an order issued under
the protection from abuse act is in effect, the court, on final hearing or on
agreement of the parties, may issue final orders authorized by K.S.A. 2022
Supp. 23-3201 through 23-3207 and 23-3218 and articles 22 and 27 of
chapter 23 of the Kansas Statutes Annotated, and amendments thereto, that
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are inconsistent with orders entered under the protection from abuse act.
Any inconsistent order entered pursuant to this subsection shall be specific
in its terms, reference the protection from abuse order and parts thereof
being modified and a copy thereof shall be filed in both actions. The court
shall consider whether the actions should be consolidated in accordance
with K.S.A. 60-242, and amendments thereto. Any custody or parenting
time order, or order relating to the best interests of a child, issued pursuant
to the revised Kansas code for care of children or the revised Kansas
juvenile justice code, shall be binding and shall take precedence over any
such custody or parenting order involving the same child issued under the
protection from abuse act, until jurisdiction under the revised Kansas code
for care of children or the revised Kansas juvenile justice code is
terminated. Any inconsistent custody or parenting order issued in the
revised Kansas code for care of children case or the revised Kansas
juvenile justice code case shall be specific in its terms, reference any
preexisting protection from abuse order and the custody being modified,
and a copy of such order shall be filed in the preexisting protection from
abuse case.
(d) If the parties to an action under the protection from abuse act are
not married to each other and one party owns the residence or household,
the court shall not have the authority to grant possession of the residence
or household under subsection (a)(2) to the exclusion of the party who
owns it.
(e) Subject to the provisions of subsections (b), (c) and (d), a
protective order or approved consent agreement shall remain in effect until
modified or dismissed by the court and shall be for a fixed period of time
not to exceed one year, except as provided in subsection (e)(1) and (e)(2).
(1) Upon motion of the plaintiff, such period may be extended for one
additional year.
(2) Upon verified motion of the plaintiff and after the defendant has
been personally served with a copy of the motion and has had an
opportunity to present evidence and cross-examine witnesses at a hearing
on the motion, the court shall extend a protective order for not less than
two additional years and may extend the protective order up to the lifetime
of the defendant if the court determines by a preponderance of the
evidence that the defendant has: (A) Violated a valid protection order or
(A) has; (B) previously violated a valid protection order,; or (B) has (C)
been convicted of a person felony or any conspiracy, criminal solicitation
or attempt thereof, under the laws of Kansas or the laws of any other
jurisdiction which are substantially similar to such person felony,
committed against the plaintiff or any member of the plaintiff's household,
the court shall extend a protective order for not less than two additional
years and may extend the protective order up to the lifetime of the
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defendant. No service fee shall be required for a motion filed pursuant to
this subsection.
(f) The court may amend its order or agreement at any time upon
motion filed by either party.
(g) No order or agreement under the protection from abuse act shall
in any manner affect title to any real property.
(h) If a person enters or remains on premises or property violating an
order issued pursuant to subsection (a)(2), such violation shall constitute
criminal trespass as defined in subsection (a)(1)(C) of K.S.A. 2022 Supp.
21-5808(a)(1)(C), and amendments thereto, and violation of a protective
order as defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
If a person abuses, molests or interferes with the privacy or rights of
another violating an order issued pursuant to subsection (a)(1), such
violation may constitute assault as defined in subsection (a) of K.S.A.
2022 Supp. 21-5412(a), and amendments thereto, battery as defined in
subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and amendments thereto,
domestic battery as defined in K.S.A. 2022 Supp. 21-5414, and
amendments thereto, and violation of a protective order as defined in
K.S.A. 2022 Supp. 21-5924, and amendments thereto.
Sec. 7. 8. K.S.A. 2022 Supp. 60-31a06 is hereby amended to read as
follows: 60-31a06. (a) The court may issue a protection from stalking,
sexual assault or human trafficking order granting any one or more of the
following orders:
(1) Restraining the defendant from following, harassing, telephoning,
contacting or otherwise communicating with the victim. The order shall
contain a statement that, if the order is violated, the violation may
constitute stalking as defined in K.S.A. 2022 Supp. 21-5427, and
amendments thereto, and violation of a protective order as defined in
K.S.A. 2022 Supp. 21-5924, and amendments thereto.
(2) Restraining the defendant from abusing, molesting or interfering
with the privacy or rights of the victim. The order shall contain a statement
that, if the order is violated, the violation may constitute stalking as
defined in K.S.A. 2022 Supp. 21-5427, and amendments thereto, assault as
defined in K.S.A. 2022 Supp. 21-5412(a), and amendments thereto, battery
as defined in K.S.A. 2022 Supp. 21-5413(a), and amendments thereto, and
violation of a protective order as defined in K.S.A. 2022 Supp. 21-5924,
and amendments thereto.
(3) Restraining the defendant from entering upon or in the victim's
residence or the immediate vicinity thereof. The order shall contain a
statement that, if the order is violated, the violation shall constitute
criminal trespass as defined in K.S.A. 2022 Supp. 21-5808(a)(1)(C), and
amendments thereto, and violation of a protective order as defined in
K.S.A. 2022 Supp. 21-5924, and amendments thereto.
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(4) Restraining the defendant from committing or attempting to
commit a sexual assault upon the victim. The order shall contain a
statement that, if the order is violated, the violation shall constitute
violation of a protective order as defined in K.S.A. 2022 Supp. 21-5924,
and amendments thereto. The order shall also contain a statement that, if
the order is violated, the violation may constitute a sex offense under
article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, and the accused may be prosecuted, convicted of and punished for
such sex offense.
(5) Restraining the defendant from following, harassing, telephoning,
contacting, recruiting, harboring, transporting, or committing or attempting
to commit human trafficking upon the human trafficking victim, or
otherwise communicating with the human trafficking victim. The order
shall contain a statement that, if the order is violated, the violation shall
constitute violation of a protective order as defined in K.S.A. 2022 Supp.
21-5924, and amendments thereto. The order shall also contain a statement
that, if the order is violated, the violation may constitute an offense under
chapter 21 of the Kansas Statutes Annotated, and amendments thereto, and
the accused may be prosecuted, convicted of and punished for such
offense.
(6) Any other order deemed necessary by the court to carry out the
provisions of this act.
(b) A protection from stalking, sexual abuse or human trafficking
order shall remain in effect until modified or dismissed by the court and
shall be for a fixed period of time not to exceed one year except as
provided in subsections (c) and (d).
(c) Upon motion of the plaintiff the court may extend the order for an
additional year.
(d) Upon verified motion of the plaintiff and after the defendant has
been personally served with a copy of the motion and has had an
opportunity to present evidence and cross-examine witnesses at a hearing
on the motion, the court shall extend a protective order for not less than
two additional years and up to a period of time not to exceed the lifetime
of the defendant, if the court determines by a preponderance of the
evidence that the defendant has:
(1) Violated a valid protection order;
(2) previously violated a valid protection order; or
(3) been convicted of a person felony or any conspiracy, criminal
solicitation or attempt thereof, under the laws of Kansas or the laws of any
other jurisdiction which are substantially similar to such person felony,
committed against the plaintiff or any member of the plaintiff's household.
No service fee shall be required for a motion filed pursuant to this
subsection.
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(e) The court may amend its order at any time upon motion filed by
either party.
(f) The court shall assess costs against the defendant and may award
attorney fees to the victim in any case in which the court issues a
protection from stalking, sexual assault or human trafficking order
pursuant to this act. The court may award attorney fees to the defendant in
any case where the court finds that the petition to seek relief pursuant to
this act is without merit.
(g) A no contact or restraining provision in a protective order issued
pursuant to this section shall not be construed to prevent:
(1) Contact between the attorneys representing the parties;
(2) a party from appearing at a scheduled court or administrative
hearing; or
(3) a defendant or defendant's attorney from sending the plaintiff
copies of any legal pleadings filed in court relating to civil or criminal
matters presently relevant to the plaintiff.
(h) For the purposes of this section, "harassing" or "interfering with
the privacy rights" includes, but is not limited to, utilizing any electronic
tracking system or acquiring tracking information to determine the
targeted person's location, movement or travel patterns.
Sec. 8. 9. K.S.A. 38-2243, 38-2244 and 38-2255 and K.S.A. 2022
Supp. 21-5427, 23-2224, 23-2707, 60-3107 and 60-31a06 are hereby
repealed.
Sec. 9. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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