Restrictions on Electronic Tracking; Timeframes of Protective Orders; SB 217
SB 217 amends 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 adds 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 expands 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 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 specifies 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 to 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 specifies, 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” to 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.
Protection From Abuse Act
The bill specifies restraining orders granted under the Protection From Abuse Act to
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.
Kansas Legislative Research Department 1 2023 Summary of Legislation Protection from Stalking, Sexual Assault, or Human Trafficking Act
The bill specifies, 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” to 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 amends 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 changes the time period
for which initial orders may remain effective to a period of one to two years and changes the
time period for extensions of such orders to be effective for an additional one to three years.
The bill also amends 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.
Kansas Legislative Research Department 2 2023 Summary of Legislation