SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 217
As Amended by House Committee of the Whole
Brief*
SB 217, as further amended, would amend statutes in
the Kansas Criminal Code; Kansas Family Law Code;
Kansas Parentage Act; the Revised Kansas Code for Care of
Children; Protection from Abuse Act; and Protection from
Stalking, Sexual Assault, or Human Trafficking Act concerning
the use of electronic tracking systems to target a person’s
location, movement, or travel patterns.
Kansas Criminal Code—Crime of Stalking
The bill would add to the definition of “course of conduct”
in the crime of stalking in the Kansas Criminal Code the
following conduct: utilizing any electronic tracking system or
acquiring tracking information to determine the targeted
person’s location, movement, or travel patterns.
Kansas Family Law Code—Permissible Orders After the
Filing of a Petition for Divorce, Annulment, or
Separate Maintenance Before Action Final
The bill would expand permissible orders in continuing
law related to restraining parties with regard to disposition of
property and with regard to molesting or interfering with the
privacy or rights of each other to specify these orders would
cover the conduct of utilizing any electronic tracking system
or acquiring tracking information to determine the other
person’s location, movement, or travel patterns.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org Kansas Parentage Act—Court Orders
The bill would specify a court’s power to make and
enforce orders related to restraining parties from molesting or
interfering with the privacy or rights of each other in
continuing law would include utilizing any electronic tracking
system or acquiring tracking information to determine the
other person’s location, movement, or travel patterns.
Revised Kansas Code for Care of Children—Temporary
Custody Orders, Informal Supervision Restraining
Orders, and Prohibitions on Authorized Dispositions
of Custody
The bill would specify, for the purposes of sections of
law concerning temporary custody orders, informal
supervision restraining orders, and prohibitions on authorized
dispositions of custody, the terms “harassing or intimidating”
and “harass or intimidate” would include, but would not be
limited to, utilizing any electronic tracking system or acquiring
tracking information to determine the targeted person’s
location, movement, or travel.
Protection from Abuse Act
The bill would specify restraining orders granted under
the Protection from Abuse Act would include restraining the
defendant from utilizing any electronic tracking system or
acquiring tracking information to determine the other person’s
location, movement, or travel patterns.
Protection from Stalking, Sexual Assault, or Human
Trafficking Act
The bill would specify, for the purposes of restraining
orders granted under the Protection from Stalking, Sexual
Assault, or Human Trafficking Act, the terms “harassing” or
“interfering with the privacy rights” include, but are not limited
2- 217 to, utilizing any electronic tracking system or acquiring
tracking information to determine the targeted person’s
location, movement, or travel patterns.
Timeframes of Protective Orders
The bill would amend law governing the timeframes for
initial protective orders and related extension periods in the
Protection from Abuse Act and in the Protection from Stalking,
Sexual Assault, or Human Trafficking Act.
Current law allows orders initiated under both acts to
remain in effect up to one year, with options to extend such
orders for up to one additional year. The bill would change the
time period for which initial orders could remain effective to a
period of one to five years, and would change the time period
for extensions of such orders to be effective for an additional
one to five years.
The bill would also amend a provision in the Protection
from Abuse Act requiring the court to extend protective orders
for up to the lifetime of the defendant when the court
determines a violation has occurred, by lowering the floor of
the possible extension period from two additional years to
one additional year.
Technical Amendments
The bill would make technical amendments to ensure
consistency in statutory phrasing.
Effective Date
The bill would be in effect upon publication in the
Kansas Register.
3- 217 Background
The bill was introduced by the Senate Committee on
Judiciary at the request of Senator Warren.
Senate Committee on Judiciary
In the Senate Committee hearing on February 14, 2023,
a representative of the Kansas Chiefs of Police, Kansas
Peace Officers Association, and Kansas Sheriffs Association
provided proponent testimony, stating the bill is a response
to the growing trend of cases where tracking devices are
being used to stalk others. Written-only proponent testimony
was provided by a representative of the Kansas Coalition
Against Sexual and Domestic Violence (KCSDV). No other
testimony was provided.
The Senate Committee adopted amendments to:
●Specify the conduct described by the bill would
apply to a provision contained in the Kansas
Parentage Act; and
●Specify the conduct described by the bill would
apply to a provision related to interfering with
privacy or rights in the section of law pertaining to
permissible orders in the Kansas Family Law
Code.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on March 9, 2023, a
representative of the Kansas Association of Chiefs of Police,
the Kansas Sheriffs Association, and the Kansas Peace
Officers Association testified as a proponent of the bill. The
proponent stated this bill would address a growing trend of
cases in which tracking devices are used to stalk others, and
would provide more protection to the victims of stalking.
4- 217 The House Committee amended the bill to take effect
upon publication in the Kansas Register.
House Committee of the Whole
The House Committee of the Whole on March 27, 2023,
amended the bill to include the contents of HB 2029 that was
previously stricken from the calendar by Rule 1507 on
February 23, 2023.
HB 2029
The bill was introduced by the House Committee on
Judiciary at the request of Representative Featherston on
behalf of the Metropolitan Organization to Counter Sexual
Assault (MOCSA), Safehome, and KCSDV.
House Committee on Judiciary
In the House Committee hearing on January 24, 2023,
two representatives of MOCSA and two representatives of
KCSDV testified as proponents of the bill, stating that
extending the effective periods for protective orders as
proposed by the bill would reduce trauma for victims of abuse
and promote efficiency within the court system. Written-only
proponent testimony was submitted by a representative of the
Kansas Association of Chiefs of Police, Kansas Sheriffs
Association, and Kansas Peace Officers Association; a
representative of the Disability Rights Center of Kansas; and
a private citizen. No other testimony was provided.
On February 9, 2023, the House Committee adopted an
amendment to lower the floor of all relevant time periods
amended by the bill from two years to one year.
5- 217 Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 217, as introduced, the Office of Judicial
Administration (OJA) indicates enactment of the bill could
increase the number of cases filed in district courts related to
stalking crimes, which would increase the time spent by
judges and court employees in processing and deciding these
cases and could affect what courts may order in such cases.
OJA indicates the bill’s enactment could result in the
collection of docket fees in cases filed under the bill’s
provisions, which would be deposited into the State General
Fund.
OJA indicates a fiscal effect cannot be estimated until
the Judicial Branch has had an opportunity to operate under
the bill’s provisions.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2024 Governor’s Budget Report.
HB 2029
According to the fiscal note prepared by the Division of
the Budget on HB 2029, as introduced, the OJA indicates
enactment of the bill would have a negligible fiscal effect on
Judicial Branch operations.
Electronic tracking systems; stalking; criminal penalties; Kansas Family Law Code;
Revised Kansas Code for Care of Children; Protection from Abuse Act; Protection
from Stalking, Sexual Assault, or Human Trafficking Act; restraining order; protection
order; civil actions
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