SESSION OF 2023
CONFERENCE COMMITTEE REPORT BRIEF
SENATE BILL NO. 217
As Agreed to April 5, 2023
Brief*
SB 217 would amend law regarding the use of electronic tracking systems to target a
person’s location, movement, or travel patterns and the timeframes of protective orders.
Kansas Criminal Code—Crime of Stalking
The bill would add to the definition of “course of conduct” in the crime of stalking 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 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.
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 would include
utilizing any electronic tracking system or acquiring tracking information to determine the other
person’s location, movement, or travel patterns.
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*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 217 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 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 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 two years and would
change the time period for extensions of such orders to be effective for an additional one to
three 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.
2 - 217 Conference Committee Action
The Conference Committee agreed to the provisions of SB 217, as passed by the House,
regarding the unlawful use of electronic tracking devices and further agreed to modify the
provisions concerning timeframes of protective orders and to return the effective date to upon
publication in the statute book.
Background
The bill contains provisions of SB 217 and HB 2029.
SB 217 (Unlawful Use of Electronic Tracking Devices)
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.
[Note: The Conference Committee retained these amendments.]
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.
The House Committee amended the bill to take effect upon publication in the Kansas
Register. [Note: The Conference Committee did not retain this amendment.]
3 - 217 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. [Note: The Conference Committee retained this amendment and further amended its
provisions.]
HB 2029 (Timeframes for Initial Protective Orders and Related Extensions)
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. [Note: The Conference
Committee did not retain this amendment.]
Fiscal Information
SB 217 (Unlawful Use of Electronic Tracking Devices)
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.
4 - 217 HB 2029 (Timeframes for Initial Protective orders and Related Extensions)
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.
Any fiscal effect associated with enactment of the above bills is not reflected in The FY
2024 Governor’s Budget Report.
Protection from abuse act; Kansas family law code; stalking; electronic tracking; revised Kansas code for care of children
ccrb_sb217_01_04052023.odt
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