Kansas 2023-2024 Regular Session

Kansas Senate Bill SB217 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	Session of 2023
1	2		SENATE BILL No. 217
2		-	AN ACT concerning violations of personal rights; relating to the unlawful use of electronic
3		-	tracking systems or tracking information; relating to stalking; providing criminal
4		-	penalties for the conduct of utilizing any electronic tracking system or acquiring tracking
5		-	information to determine the targeted person's location, movement or travel patterns
6		-	when done as part of an unlawful course of conduct; authorizing orders to prohibit such
7		-	conduct under the Kansas family law code, the revised Kansas code for care of children,
8		-	the protection from abuse act and the protection from stalking, sexual assault or human
9		-	trafficking act; increasing the time of initial orders and possible extensions under the
10		-	protection from abuse and protection from stalking, sexual assault and human trafficking
11		-	acts; amending K.S.A. 38-2243, 38-2244 and 38-2255 and K.S.A. 2022 Supp. 21-5427,
12		-	23-2224, 23-2707, 60-3107 and 60-31a06 and repealing the existing sections.
	3	+	By Committee on Judiciary
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	5	+	AN ACT concerning the unlawful use of electronic tracking systems or
	6	+	tracking information; relating to stalking; providing criminal penalties
	7	+	for the conduct of utilizing any electronic tracking system or acquiring
	8	+	tracking information to determine the targeted person's location,
	9	+	movement or travel patterns when done as part of an unlawful course of
	10	+	conduct; authorizing orders to prohibit such conduct under the Kansas
	11	+	family law code, the revised Kansas code for care of children, the
	12	+	protection from abuse act and the protection from stalking, sexual
	13	+	assault or human trafficking act; amending K.S.A. 38-2243, 38-2244
	14	+	and 38-2255 and K.S.A. 2022 Supp. 21-5427, 23-2707, 60-3107 and
	15	+	60-31a06 and repealing the existing sections.
13	16		Be it enacted by the Legislature of the State of Kansas:
14	17		Section 1. K.S.A. 2022 Supp. 21-5427 is hereby amended to read as
15	18		follows: 21-5427. (a) Stalking is:
16	19		(1) Recklessly engaging in a course of conduct targeted at a specific
17	20		person which would cause a reasonable person in the circumstances of the
18	21		targeted person to fear for such person's safety, or the safety of a member
19	22		of such person's immediate family and the targeted person is actually
20	23		placed in such fear;
21	24		(2) engaging in a course of conduct targeted at a specific person with
22	25		knowledge that the course of conduct will place the targeted person in fear
23	26		for such person's safety or the safety of a member of such person's
24	27		immediate family;
25	28		(3) after being served with, or otherwise provided notice of, any
26	29		protective order included in K.S.A. 21-3843, prior to its repeal or K.S.A.
27		-	2022 Supp. 21-5924, and amendments thereto, that prohibits contact with
28		-	a targeted person, recklessly engaging in at least one act listed in
29		-	~~subsection~~ (f)(1) that violates the provisions of the order and would cause
30		-	a reasonable person to fear for such person's safety, or the safety of a
	30	+	2022 Supp. 21-5924, and amendments thereto, that prohibits contact with a
	31	+	targeted person, recklessly engaging in at least one act listed in subsection
	32	+	(f)(1) that violates the provisions of the order and would cause a
	33	+	reasonable person to fear for such person's safety, or the safety of a
31	34		member of such person's immediate family and the targeted person is
32	35		actually placed in such fear; or
33		-	(4) intentionally engaging in a course of conduct targeted at a
34		-	~~specific~~ child under the age of 14 that would cause a reasonable person in
35		-	~~the~~ circumstances of the targeted child, or a reasonable person in the
	36	+	(4) intentionally engaging in a course of conduct targeted at a specific
	37	+	child under the age of 14 that would cause a reasonable person in the
	38	+	circumstances of the targeted child, or a reasonable person in the
36	39		circumstances of an immediate family member of such child, to fear for
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37	76		such child's safety.
38	77		(b) Stalking as defined in:
39	78		(1) Subsection (a)(1) is a:
40	79		(A) Class A person misdemeanor, except as provided in subsection
41	80		(b)(1)(B); and
42	81		(B) severity level 7, person felony upon a second or subsequent
43	82		conviction;
44	83		(2) subsection (a)(2) is a:
45	84		(A) Class A person misdemeanor, except as provided in subsection
46	85		(b)(2)(B); and
47	86		(B) severity level 5, person felony upon a second or subsequent
48	87		conviction;
49	88		(3) subsection (a)(3) is a:
50	89		(A) Severity level 9, person felony, except as provided in subsection
51	90		(b)(3)(B); and
52	91		(B) severity level 5, person felony, upon a second or subsequent
53	92		conviction; and
54	93		(4) subsection (a)(4) is a:
55	94		(A) Severity level 7, person felony, except as provided in subsection
56	95		(b)(4)(B); and
57	96		(B) severity level 4, person felony, upon a second or subsequent
58	97		conviction.
59	98		(c) For the purposes of this section, a person served with a protective
60		-	order as defined by K.S.A. 21-3843, prior to its repeal or K.S.A. 2022 ~~SENATE BILL No. 217—page 2~~
61		-	Supp. 21-5924, and amendments thereto, or a person who engaged in
62		-	~~acts~~ which would constitute stalking, after having been advised by a
63		-	~~law~~ enforcement officer, that such person's actions were in violation of
64		-	~~this~~ section, shall be presumed to have acted knowingly as to any like
65		-	~~future~~ act targeted at the specific person or persons named in the order
66		-	~~or as~~ advised by the officer.
67		-	(d) In a criminal proceeding under this section, a person claiming
68		-	an exemption, exception or exclusion has the burden of going forward
69		-	~~with~~ evidence of the claim.
70		-	(e) The present incarceration of a person alleged to be violating
71		-	~~this~~ section shall not be a bar to prosecution under this section.
	99	+	order as defined by K.S.A. 21-3843, prior to its repeal or K.S.A. 2022
	100	+	Supp. 21-5924, and amendments thereto, or a person who engaged in acts
	101	+	which would constitute stalking, after having been advised by a law
	102	+	enforcement officer, that such person's actions were in violation of this
	103	+	section, shall be presumed to have acted knowingly as to any like future
	104	+	act targeted at the specific person or persons named in the order or as
	105	+	advised by the officer.
	106	+	(d) In a criminal proceeding under this section, a person claiming an
	107	+	exemption, exception or exclusion has the burden of going forward with
	108	+	evidence of the claim.
	109	+	(e) The present incarceration of a person alleged to be violating this
	110	+	section shall not be a bar to prosecution under this section.
72	111		(f) As used in this section:
73	112		(1) "Course of conduct" means two or more acts over a period of
74		-	time, however short, which evidence a continuity of purpose. A course
75		-	of conduct shall not include constitutionally protected activity nor
76		-	conduct that was necessary to accomplish a legitimate purpose
77		-	independent of making contact with the targeted person. A course of
78		-	conduct shall include, but not be limited to, any of the following acts or
79		-	a combination thereof:
80		-	(A) Threatening the safety of the targeted person or a member of
81		-	such person's immediate family;
	113	+	time, however short, which evidence a continuity of purpose. A course of
	114	+	conduct shall not include constitutionally protected activity nor conduct
	115	+	that was necessary to accomplish a legitimate purpose independent of
	116	+	making contact with the targeted person. A course of conduct shall include,
	117	+	but not be limited to, any of the following acts or a combination thereof:
	118	+	(A) Threatening the safety of the targeted person or a member of such
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	162	+	person's immediate family;
82	163		(B) following, approaching or confronting the targeted person or a
83	164		member of such person's immediate family;
84		-	(C) appearing in close proximity to, or entering the targeted
85		-	~~person's~~ residence, place of employment, school or other place where
86		-	~~such person~~ can be found, or the residence, place of employment or
87		-	~~school of a~~ member of such person's immediate family;
88		-	(D) causing damage to the targeted person's residence or property
89		-	or that of a member of such person's immediate family;
90		-	(E) placing an object on the targeted person's property or the
91		-	~~property~~ of a member of such person's immediate family, either directly
92		-	~~or through~~ a third person;
93		-	(F) causing injury to the targeted person's pet or a pet belonging to
94		-	a member of such person's immediate family;
	165	+	(C) appearing in close proximity to, or entering the targeted person's
	166	+	residence, place of employment, school or other place where such person
	167	+	can be found, or the residence, place of employment or school of a
	168	+	member of such person's immediate family;
	169	+	(D) causing damage to the targeted person's residence or property or
	170	+	that of a member of such person's immediate family;
	171	+	(E) placing an object on the targeted person's property or the property
	172	+	of a member of such person's immediate family, either directly or through
	173	+	a third person;
	174	+	(F) causing injury to the targeted person's pet or a pet belonging to a
	175	+	member of such person's immediate family;
95	176		(G) utilizing any electronic tracking system or acquiring tracking
96	177		information to determine the targeted person's location, movement or
97	178		travel patterns; and
98	179		(H) any act of communication;
99		-	(2) "communication" means to impart a message by any method
100		-	of transmission, including, but not limited to: Telephoning, personally
	180	+	(2) "communication" means to impart a message by any method of
	181	+	transmission, including, but not limited to: Telephoning, personally
101	182		delivering, sending or having delivered, any information or material by
102		-	written or printed note or letter, package, mail, courier service or
103		-	~~electronic~~ transmission, including electronic transmissions generated or
	183	+	written or printed note or letter, package, mail, courier service or electronic
	184	+	transmission, including electronic transmissions generated or
104	185		communicated via a computer;
105		-	(3) "computer" means a programmable, electronic device capable
106		-	of accepting and processing data;
107		-	(4) "conviction" includes being convicted of a violation of K.S.A.
108		-	~~21-~~3438, prior to its repeal, this section or a law of another state which
	186	+	(3) "computer" means a programmable, electronic device capable of
	187	+	accepting and processing data;
	188	+	(4) "conviction" includes being convicted of a violation of K.S.A. 21-
	189	+	3438, prior to its repeal, this section or a law of another state which
109	190		prohibits the acts that this section prohibits; and
110	191		(5) "immediate family" means:
111	192		(A) Father, mother, stepparent, child, stepchild, sibling, spouse or
112	193		grandparent of the targeted person;
113	194		(B) any person residing in the household of the targeted person; or
114		-	(C) any person involved in an intimate relationship with the
115		-	targeted person.
116		-	Sec. 2. K.S.A. 2022 Supp. 23-2224 is hereby amended to read as
117		-	follows: 23-2224. (a) The court, without requiring bond, may make and
118		-	enforce orders which that:
119		-	(1) Restrain the parties from molesting or interfering with the SENATE BILL No. 217—page 3
120		-	privacy or rights of each other, including, but not limited to, utilizing
121		-	any electronic tracking system or acquiring tracking information to
122		-	determine the other person's location, movement or travel patterns;
123		-	(2) confirm the existing de facto custody of the child subject to
124		-	further order of the court, if the court has jurisdiction under K.S.A.
125		-	2022 Supp. 23-37,101 et seq., and amendments thereto;
126		-	(3) appoint an expert to conduct genetic tests for determination of
127		-	paternity as provided in K.S.A. 2022 Supp. 23-2212, and amendments
128		-	thereto;
129		-	(4) order the mother and child and alleged father to contact the
130		-	court appointed expert and provide tissue samples for testing within 30
131		-	days after service of the order;
132		-	(5) order the payment of temporary child support pursuant to
133		-	subsection (c); or
134		-	(6) the court deems appropriate under the provisions of article 22
135		-	of chapter 23 of the Kansas Statutes Annotated, and amendments
136		-	thereto.
137		-	(b) (1) Interlocutory orders authorized by this section that relate to
138		-	genetic testing may be issued ex parte, if:
139		-	(A) The appointed expert is a paternity laboratory accredited by
140		-	the American association of blood banks; and
141		-	(B) the order does not require an adverse party to make advance
142		-	payment toward the cost of the test.
143		-	(2) If such ex parte orders are issued, and if an adverse party
144		-	requests modification thereof, the court will conduct a hearing within
145		-	10 days of such request.
146		-	(c) After notice and hearing, the court shall enter an order for child
147		-	support during the pendency of the action as provided in this
148		-	subsection. The order shall be entered if the pleadings and the motion
149		-	for temporary support, if separate from the pleadings, indicate there is
150		-	only one presumed father and if probable paternity by the presumed
151		-	father is indicated by clear and convincing evidence. For purposes of
152		-	this subsection, "clear and convincing evidence" may be presented in
153		-	any form, including, but not limited to, an uncontested allegation in the
154		-	pleadings, an uncontested affidavit or an agreement between the
155		-	parties. For purposes of this subsection, "clear and convincing
156		-	evidence" means:
157		-	(1) The presumed father does not deny paternity;
158		-	(2) the mother and the presumed father were married to each
159		-	other, regardless of whether the marriage was void or voidable, at any
160		-	time between 300 days before the child's birth and the child's birth;
161		-	(3) a voluntary acknowledgment of paternity was completed by
162		-	the mother and the presumed father more than 60 days before the
163		-	motion was filed and no request to revoke the voluntary
164		-	acknowledgment has been filed; or
165		-	(4) results of genetic tests show the probability of paternity by the
166		-	presumed father is equal to or greater than 97% and the report was
167		-	received more than 20 days before the motion was filed, unless written
168		-	notice of intent to challenge the validity of the report has been timely
169		-	given.
170		-	Sec. 3. K.S.A. 2022 Supp. 23-2707 is hereby amended to read as
171		-	follows: 23-2707. (a) Permissible orders. After the filing of a petition
172		-	for divorce, annulment or separate maintenance, and during the
173		-	pendency of the action until the entry of final judgment the judge
174		-	assigned to hear the action may, without requiring bond, make, modify,
175		-	vacate and enforce by attachment, orders which that:
	195	+	(C) any person involved in an intimate relationship with the targeted
	196	+	person.
	197	+	Sec. 2. K.S.A. 2022 Supp. 23-2707 is hereby amended to read as
	198	+	follows: 23-2707. (a) Permissible orders. After the filing of a petition for
	199	+	divorce, annulment or separate maintenance, and during the pendency of
	200	+	the action until the entry of final judgment the judge assigned to hear the
	201	+	action may, without requiring bond, make, modify, vacate and enforce by
	202	+	attachment, orders which that:
176	203		(1) Jointly restrain the parties with regard to disposition of the
177	204		property of the parties and provide for the use, occupancy, management
178		-	and control of that property, including, but not limited to, utilizing any SENATE BILL No. 217—page 4
179		-	electronic tracking system or acquiring tracking information to
180		-	determine the other person's location, movement or travel patterns;
181		-	(2) restrain the parties from molesting or interfering with the
182		-	privacy or rights of each other, including, but not limited to, utilizing
183		-	any electronic tracking system or acquiring tracking information to
184		-	determine the other person's location, movement or travel patterns;
185		-	(3) provide for the legal custody and residency of and parenting
186		-	time with the minor children and the support, if necessary, of either
187		-	party and of the minor children during the pendency of the action;
188		-	(4) require mediation between the parties on issues, including, but
189		-	not limited to, child custody, residency, division of property, parenting
190		-	time and development of a parenting plan;
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	248	+	and control of that property, including, but not limited to, utilizing any
	249	+	electronic tracking system or acquiring tracking information to determine
	250	+	the other person's location, movement or travel patterns;
	251	+	(2) restrain the parties from molesting or interfering with the privacy
	252	+	or rights of each other;
	253	+	(3) provide for the legal custody and residency of and parenting time
	254	+	with the minor children and the support, if necessary, of either party and of
	255	+	the minor children during the pendency of the action;
	256	+	(4) require mediation between the parties on issues, including, but not
	257	+	limited to, child custody, residency, division of property, parenting time
	258	+	and development of a parenting plan;
191	259		(5) make provisions, if necessary, for the expenses of the suit,
192	260		including reasonable attorney's fees, that will insure to either party
193	261		efficient preparation for the trial of the case;
194	262		(6) require an investigation by court service officers into any issue
195	263		arising in the action; or
196		-	(7) require that each parent execute any and all documents,
197		-	including any releases, necessary so that both parents may obtain
198		-	information from and to communicate with any health insurance
199		-	provider regarding the health insurance coverage provided by such
200		-	health insurance provider to the child. The provisions of this paragraph
201		-	shall apply irrespective of which parent owns, subscribes or pays for
202		-	such health insurance coverage.
203		-	(b) Ex parte orders. Orders authorized by subsections (a)(1), (2),
204		-	(3), (4) and (7) may be entered after ex parte hearing upon compliance
205		-	with rules of the supreme court, except that no ex parte order shall have
206		-	the effect of changing the residency of a minor child from the parent
207		-	who has had the sole de facto residency of the child to the other parent
208		-	unless there is sworn testimony to support a showing of extraordinary
209		-	circumstances. If an interlocutory order is issued ex parte, the court
210		-	shall hear a motion to vacate or modify the order within 14 days of the
211		-	date on which a party requests a hearing whether to vacate or modify
212		-	the order. In the absence, disability, or disqualification of the judge
213		-	assigned to hear the action, any other judge of the district court may
214		-	make any order authorized by this section, including vacation or
215		-	modification or any order issued by the judge assigned to hear the
216		-	action.
217		-	(c) Support orders. (1) An order of support obtained pursuant to
218		-	this section may be enforced by an order of garnishment as provided in
219		-	this section.
220		-	(2) No order of garnishment shall be issued under this section
221		-	unless: (A) Fourteen or more days have elapsed since the order of
222		-	support was served upon the party required to pay the support; and (B)
223		-	the order of support contained a notice that the order of support may be
224		-	enforced by garnishment and that the party has a right to request an
225		-	opportunity for a hearing to contest the issuance of an order of
226		-	garnishment, if the hearing is requested by motion filed within seven
227		-	days after service of the order of support upon the party. If a hearing is
228		-	requested, the court shall hold the hearing within seven days after the
229		-	motion requesting the hearing is filed with the court or at a later date
230		-	agreed to by the parties.
	264	+	(7) require that each parent execute any and all documents, including
	265	+	any releases, necessary so that both parents may obtain information from
	266	+	and to communicate with any health insurance provider regarding the
	267	+	health insurance coverage provided by such health insurance provider to
	268	+	the child. The provisions of this paragraph shall apply irrespective of
	269	+	which parent owns, subscribes or pays for such health insurance coverage.
	270	+	(b) Ex parte orders. Orders authorized by subsections (a)(1), (2), (3),
	271	+	(4) and (7) may be entered after ex parte hearing upon compliance with
	272	+	rules of the supreme court, except that no ex parte order shall have the
	273	+	effect of changing the residency of a minor child from the parent who has
	274	+	had the sole de facto residency of the child to the other parent unless there
	275	+	is sworn testimony to support a showing of extraordinary circumstances. If
	276	+	an interlocutory order is issued ex parte, the court shall hear a motion to
	277	+	vacate or modify the order within 14 days of the date on which a party
	278	+	requests a hearing whether to vacate or modify the order. In the absence,
	279	+	disability, or disqualification of the judge assigned to hear the action, any
	280	+	other judge of the district court may make any order authorized by this
	281	+	section, including vacation or modification or any order issued by the
	282	+	judge assigned to hear the action.
	283	+	(c) Support orders. (1) An order of support obtained pursuant to this
	284	+	section may be enforced by an order of garnishment as provided in this
	285	+	section.
	286	+	(2) No order of garnishment shall be issued under this section unless:
	287	+	(A) Fourteen or more days have elapsed since the order of support was
	288	+	served upon the party required to pay the support; and (B) the order of
	289	+	support contained a notice that the order of support may be enforced by
	290	+	garnishment and that the party has a right to request an opportunity for a
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	334	+	hearing to contest the issuance of an order of garnishment, if the hearing is
	335	+	requested by motion filed within seven days after service of the order of
	336	+	support upon the party. If a hearing is requested, the court shall hold the
	337	+	hearing within seven days after the motion requesting the hearing is filed
	338	+	with the court or at a later date agreed to by the parties.
231	339		(3) No bond shall be required for the issuance of an order of
232	340		garnishment pursuant to this section. Except as provided in this section,
233		-	garnishments authorized by this section shall be subject to the
234		-	~~procedures~~ and limitations applicable to other orders of garnishment
235		-	~~authorized by~~ law.
236		-	(4) A party desiring to have the order of garnishment issued shall
237		-	~~file~~ an affidavit with the clerk of the district court stating that: ~~SENATE BILL No. 217—page 5~~
	341	+	garnishments authorized by this section shall be subject to the procedures
	342	+	and limitations applicable to other orders of garnishment authorized by
	343	+	law.
	344	+	(4) A party desiring to have the order of garnishment issued shall file
	345	+	an affidavit with the clerk of the district court stating that:
238	346		(A) The order of support contained the notice required by this
239	347		subsection;
240	348		(B) fourteen or more days have elapsed since the order of support
241	349		was served upon the party required to pay the support; and
242	350		(C) either no hearing was requested on the issuance of an order of
243	351		garnishment within the seven days after service of the order of support
244	352		upon the party required to pay the same or a hearing was requested and
245		-	held and the court did not prohibit the issuance of an order of
246		-	garnishment.
247		-	(d) If an interlocutory order for legal custody, residency or
248		-	parenting time is sought, the party seeking such order shall file a
249		-	proposed temporary parenting plan as provided by K.S.A. 2022 Supp.
250		-	23-3211, and amendments thereto, at the time such order is sought. If
251		-	any motion is filed to modify any such interlocutory orders, or in
252		-	opposition to a request for issuance of interlocutory orders, that party
253		-	shall attach to such motion or opposition a proposed alternative
254		-	parenting plan.
255		-	(e) Service of process. Service of process served under subsection
256		-	(a)(1) and (2) shall be by personal service and not by certified mail
257		-	return receipt requested.
258		-	Sec. 4. K.S.A. 38-2243 is hereby amended to read as follows: 38-
259		-	2243. (a) Upon notice and hearing, the court may issue an order
260		-	directing who shall have temporary custody and may modify the order
261		-	during the pendency of the proceedings as will best serve the child's
262		-	welfare.
263		-	(b) A hearing pursuant to this section shall be held within 72
264		-	hours, excluding Saturdays, Sundays, legal holidays, and days on
265		-	which the office of the clerk of the court is not accessible, following a
266		-	child having been taken into protective custody.
	353	+	held and the court did not prohibit the issuance of an order of garnishment.
	354	+	(d) If an interlocutory order for legal custody, residency or parenting
	355	+	time is sought, the party seeking such order shall file a proposed temporary
	356	+	parenting plan as provided by K.S.A. 2022 Supp. 23-3211, and
	357	+	amendments thereto, at the time such order is sought. If any motion is filed
	358	+	to modify any such interlocutory orders, or in opposition to a request for
	359	+	issuance of interlocutory orders, that party shall attach to such motion or
	360	+	opposition a proposed alternative parenting plan.
	361	+	(e) Service of process. Service of process served under subsection (a)
	362	+	(1) and (2) shall be by personal service and not by certified mail return
	363	+	receipt requested.
	364	+	Sec. 3. K.S.A. 38-2243 is hereby amended to read as follows: 38-
	365	+	2243. (a) Upon notice and hearing, the court may issue an order directing
	366	+	who shall have temporary custody and may modify the order during the
	367	+	pendency of the proceedings as will best serve the child's welfare.
	368	+	(b) A hearing pursuant to this section shall be held within 72 hours,
	369	+	excluding Saturdays, Sundays, legal holidays, and days on which the
	370	+	office of the clerk of the court is not accessible, following a child having
	371	+	been taken into protective custody.
267	372		(c) Whenever it is determined that a temporary custody hearing is
268		-	required, the court shall immediately set the time and place for the
269		-	hearing. Notice of a temporary custody hearing shall be given to all
270		-	parties and interested parties.
271		-	(d) Notice of the temporary custody hearing shall be given at least
272		-	24 hours prior to the hearing. The court may continue the hearing to
273		-	afford the 24 hours prior notice or, with the consent of the party or
274		-	interested party, proceed with the hearing at the designated time. If an
275		-	order of temporary custody is entered and the parent or other person
276		-	having custody of the child has not been notified of the hearing, did not
277		-	appear or waive appearance and requests a rehearing, the court shall
278		-	rehear the matter without unnecessary delay.
279		-	(e) Oral notice may be used for giving notice of a temporary
280		-	custody hearing where there is insufficient time to give written notice.
281		-	Oral notice is completed upon filing a certificate of oral notice.
	373	+	required, the court shall immediately set the time and place for the hearing.
	374	+	Notice of a temporary custody hearing shall be given to all parties and
	375	+	interested parties.
	376	+	(d) Notice of the temporary custody hearing shall be given at least 24
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	420	+	hours prior to the hearing. The court may continue the hearing to afford the
	421	+	24 hours prior notice or, with the consent of the party or interested party,
	422	+	proceed with the hearing at the designated time. If an order of temporary
	423	+	custody is entered and the parent or other person having custody of the
	424	+	child has not been notified of the hearing, did not appear or waive
	425	+	appearance and requests a rehearing, the court shall rehear the matter
	426	+	without unnecessary delay.
	427	+	(e) Oral notice may be used for giving notice of a temporary custody
	428	+	hearing where there is insufficient time to give written notice. Oral notice
	429	+	is completed upon filing a certificate of oral notice.
282	430		(f) The court may enter an order of temporary custody after
283	431		determining there is probable cause to believe that the:
284	432		(1) Child is dangerous to self or to others;
285	433		(2) child is not likely to be available within the jurisdiction of the
286	434		court for future proceedings;
287		-	(3) health or welfare of the child may be endangered without
288		-	~~further~~ care;
	435	+	(3) health or welfare of the child may be endangered without further
	436	+	care;
289	437		(4) child has been subjected to human trafficking or aggravated
290	438		human trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and
291	439		amendments thereto, or commercial sexual exploitation of a child, as
292	440		defined by K.S.A. 2022 Supp. 21-6422, and amendments thereto;
293	441		(5) child is experiencing a mental health crisis and is in need of
294	442		treatment; or
295	443		(6) child committed an act which, if committed by an adult, would
296		-	constitute a violation of K.S.A. 2022 Supp. 21-6419, and amendments ~~SENATE BILL No. 217—page 6~~
	444	+	constitute a violation of K.S.A. 2022 Supp. 21-6419, and amendments
297	445		thereto.
298		-	(g) (1) Whenever the court determines the necessity for an order
299		-	of temporary custody the court may place the child in the temporary
300		-	~~custody~~ of:
	446	+	(g) (1) Whenever the court determines the necessity for an order of
	447	+	temporary custody the court may place the child in the temporary custody
	448	+	of:
301	449		(A) A parent or other person having custody of the child and may
302	450		enter a restraining order pursuant to subsection (h);
303	451		(B) a person, other than the parent or other person having custody,
304		-	who shall not be required to be licensed under article 5 of chapter 65 of
305		-	~~the~~ Kansas Statutes Annotated, and amendments thereto;
	452	+	who shall not be required to be licensed under article 5 of chapter 65 of the
	453	+	Kansas Statutes Annotated, and amendments thereto;
306	454		(C) a youth residential facility;
307	455		(D) a shelter facility;
308		-	(E) a staff secure facility, notwithstanding any other provision of
309		-	law, if the child has been subjected to human trafficking or aggravated
310		-	human trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and
311		-	amendments thereto, or commercial sexual exploitation of a child, as
312		-	defined by K.S.A. 2022 Supp. 21-6422, and amendments thereto, or the
313		-	child committed an act which, if committed by an adult, would
314		-	constitute a violation of K.S.A. 2022 Supp. 21-6419, and amendments
315		-	thereto;
316		-	(F) after written authorization by a community mental health
317		-	center, a juvenile crisis intervention center, as described in K.S.A. 65-
318		-	536, and amendments thereto; or
319		-	(G) the secretary, if the child is 15 years of age or younger, or 16
320		-	or 17 years of age if the child has no identifiable parental or family
321		-	resources or shows signs of physical, mental, emotional or sexual
322		-	abuse.
323		-	(2) If the secretary presents the court with a plan to provide
324		-	services to a child or family which the court finds will assure the safety
325		-	of the child, the court may only place the child in the temporary
326		-	custody of the secretary until the court finds the services are in place.
327		-	The court shall have the authority to require any person or entity
328		-	agreeing to participate in the plan to perform as set out in the plan.
329		-	When the child is placed in the temporary custody of the secretary, the
330		-	secretary shall have the discretionary authority to place the child with a
331		-	parent or to make other suitable placement for the child. When the child
332		-	is placed in the temporary custody of the secretary and the child has
333		-	been subjected to human trafficking or aggravated human trafficking,
334		-	as defined by K.S.A. 2022 Supp. 21-5426, and amendments thereto, or
335		-	commercial sexual exploitation of a child, as defined by K.S.A. 2022
336		-	Supp. 21-6422, and amendments thereto, or the child committed an act
337		-	which, if committed by an adult, would constitute a violation of K.S.A.
338		-	2022 Supp. 21-6419, and amendments thereto, the secretary shall have
339		-	the discretionary authority to place the child in a staff secure facility,
340		-	notwithstanding any other provision of law. When the child is presently
341		-	alleged, but not yet adjudicated to be a child in need of care solely
342		-	pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto,
343		-	the child may be placed in a secure facility, but the total amount of time
344		-	that the child may be held in such facility under this section and K.S.A.
345		-	38-2242, and amendments thereto, shall not exceed 24 hours, excluding
346		-	Saturdays, Sundays, legal holidays, and days on which the office of the
347		-	clerk of the court is not accessible. The order of temporary custody
348		-	shall remain in effect until modified or rescinded by the court or an
349		-	adjudication order is entered but not exceeding 60 days, unless good
350		-	cause is shown and stated on the record.
351		-	(h) If the court issues an order of temporary custody, the court
352		-	may also enter an order restraining any alleged perpetrator of physical,
353		-	sexual, mental or emotional abuse of the child from residing in the
354		-	child's home; visiting, contacting, harassing or intimidating the child;
355		-	or attempting to visit, contact, harass or intimidate the child, other SENATE BILL No. 217—page 7
356		-	family members or witnesses. Such restraining order shall be served by
357		-	personal service pursuant to K.S.A. 38-2237(a), and amendments
358		-	thereto, on any alleged perpetrator to whom the order is directed.
359		-	(i) (1) The court shall not enter the initial order removing a child
360		-	from the custody of a parent pursuant to this section unless the court
361		-	first finds probable cause that: (A) (i) The child is likely to sustain harm
362		-	if not immediately removed from the home;
363		-	(ii) allowing the child to remain in home is contrary to the welfare
364		-	of the child; or
	456	+	(E) a staff secure facility, notwithstanding any other provision of law,
	457	+	if the child has been subjected to human trafficking or aggravated human
	458	+	trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and amendments
	459	+	thereto, or commercial sexual exploitation of a child, as defined by K.S.A.
	460	+	2022 Supp. 21-6422, and amendments thereto, or the child committed an
	461	+	act which, if committed by an adult, would constitute a violation of K.S.A.
	462	+	2022 Supp. 21-6419, and amendments thereto;
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	506	+	(F) after written authorization by a community mental health center, a
	507	+	juvenile crisis intervention center, as described in K.S.A. 65-536, and
	508	+	amendments thereto; or
	509	+	(G) the secretary, if the child is 15 years of age or younger, or 16 or
	510	+	17 years of age if the child has no identifiable parental or family resources
	511	+	or shows signs of physical, mental, emotional or sexual abuse.
	512	+	(2) If the secretary presents the court with a plan to provide services
	513	+	to a child or family which the court finds will assure the safety of the
	514	+	child, the court may only place the child in the temporary custody of the
	515	+	secretary until the court finds the services are in place. The court shall
	516	+	have the authority to require any person or entity agreeing to participate in
	517	+	the plan to perform as set out in the plan. When the child is placed in the
	518	+	temporary custody of the secretary, the secretary shall have the
	519	+	discretionary authority to place the child with a parent or to make other
	520	+	suitable placement for the child. When the child is placed in the temporary
	521	+	custody of the secretary and the child has been subjected to human
	522	+	trafficking or aggravated human trafficking, as defined by K.S.A. 2022
	523	+	Supp. 21-5426, and amendments thereto, or commercial sexual
	524	+	exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422, and
	525	+	amendments thereto, or the child committed an act which, if committed by
	526	+	an adult, would constitute a violation of K.S.A. 2022 Supp. 21-6419, and
	527	+	amendments thereto, the secretary shall have the discretionary authority to
	528	+	place the child in a staff secure facility, notwithstanding any other
	529	+	provision of law. When the child is presently alleged, but not yet
	530	+	adjudicated to be a child in need of care solely pursuant to K.S.A. 38-
	531	+	2202(d)(9) or (d)(10), and amendments thereto, the child may be placed in
	532	+	a secure facility, but the total amount of time that the child may be held in
	533	+	such facility under this section and K.S.A. 38-2242, and amendments
	534	+	thereto, shall not exceed 24 hours, excluding Saturdays, Sundays, legal
	535	+	holidays, and days on which the office of the clerk of the court is not
	536	+	accessible. The order of temporary custody shall remain in effect until
	537	+	modified or rescinded by the court or an adjudication order is entered but
	538	+	not exceeding 60 days, unless good cause is shown and stated on the
	539	+	record.
	540	+	(h) If the court issues an order of temporary custody, the court may
	541	+	also enter an order restraining any alleged perpetrator of physical, sexual,
	542	+	mental or emotional abuse of the child from residing in the child's home;
	543	+	visiting, contacting, harassing or intimidating the child; or attempting to
	544	+	visit, contact, harass or intimidate the child, other family members or
	545	+	witnesses. Such restraining order shall be served by personal service
	546	+	pursuant to K.S.A. 38-2237(a), and amendments thereto, on any alleged
	547	+	perpetrator to whom the order is directed.
	548	+	(i) (1) The court shall not enter the initial order removing a child from
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	592	+	the custody of a parent pursuant to this section unless the court first finds
	593	+	probable cause that: (A) (i) The child is likely to sustain harm if not
	594	+	immediately removed from the home;
	595	+	(ii) allowing the child to remain in home is contrary to the welfare of
	596	+	the child; or
365	597		(iii) immediate placement of the child is in the best interest of the
366	598		child; and
367		-	(B) reasonable efforts have been made to maintain the family unit
368		-	~~and~~ prevent the unnecessary removal of the child from the child's home
369		-	~~or that~~ an emergency exists which threatens the safety to the child.
370		-	(2) Such findings shall be included in any order entered by the
371		-	~~court.~~ If the child is placed in the custody of the secretary, upon making
372		-	~~the order~~ the court shall provide the secretary with a written copy.
373		-	(j) If the court enters an order of temporary custody that provides
374		-	~~for~~ placement of the child with a person other than the parent, the court
375		-	~~shall~~ make a child support determination pursuant to K.S.A. 38-2277,
376		-	~~and~~ amendments thereto.
377		-	(k) For the purposes of this section, "harassing or intimidating"
378		-	~~and~~ "harass or intimidate" includes, but is not limited to, utilizing any
379		-	electronic tracking system or acquiring tracking information to
380		-	~~determine~~ the targeted person's location, movement or travel patterns.
381		-	Sec. 5. K.S.A. 38-2244 is hereby amended to read as follows: 38-
	599	+	(B) reasonable efforts have been made to maintain the family unit and
	600	+	prevent the unnecessary removal of the child from the child's home or that
	601	+	an emergency exists which threatens the safety to the child.
	602	+	(2) Such findings shall be included in any order entered by the court.
	603	+	If the child is placed in the custody of the secretary, upon making the order
	604	+	the court shall provide the secretary with a written copy.
	605	+	(j) If the court enters an order of temporary custody that provides for
	606	+	placement of the child with a person other than the parent, the court shall
	607	+	make a child support determination pursuant to K.S.A. 38-2277, and
	608	+	amendments thereto.
	609	+	(k) For the purposes of this section, "harassing or intimidating" and
	610	+	"harass or intimidate" includes, but is not limited to, utilizing any
	611	+	electronic tracking system or acquiring tracking information to determine
	612	+	the targeted person's location, movement or travel patterns.
	613	+	Sec. 4. K.S.A. 38-2244 is hereby amended to read as follows: 38-
382	614		2244. (a) At any time after filing a petition, but prior to an adjudication,
383	615		the court may enter an order for continuance and informal supervision
384		-	without an adjudication if no party objects. Upon granting the
385		-	~~continuance,~~ the court shall include in the order any conditions with
386		-	~~which the parties~~ and interested parties are expected to comply and
387		-	~~provide the parties and~~ interested parties with a copy of the order. The
388		-	~~conditions may include~~ appropriate dispositional alternatives
389		-	~~authorized by K.S.A. 38-2255, and~~ amendments thereto.
	616	+	without an adjudication if no party objects. Upon granting the continuance,
	617	+	the court shall include in the order any conditions with which the parties
	618	+	and interested parties are expected to comply and provide the parties and
	619	+	interested parties with a copy of the order. The conditions may include
	620	+	appropriate dispositional alternatives authorized by K.S.A. 38-2255, and
	621	+	amendments thereto.
390	622		(b) An order for informal supervision may remain in force for a
391	623		period of up to six months and may be extended, upon hearing, for an
392	624		additional six-month period for a total of one year. For a child under an
393		-	order for informal supervision who remains in the custody of such
394		-	child's parent, such one-year period may be extended if no party
395		-	objects, upon hearing, for up to an additional one year, with reviews by
396		-	the court occurring at least every six months.
397		-	(c) The court after notice and hearing may revoke or modify the
398		-	order with respect to a party or interested party upon a showing that the
399		-	party or interested party, being subject to the order for informal
400		-	supervision, has substantially failed to comply with the terms of the
401		-	order, or that modification would be in the best interests of the child.
402		-	Upon revocation, proceedings shall resume pursuant to this code.
	625	+	order for informal supervision who remains in the custody of such child's
	626	+	parent, such one-year period may be extended if no party objects, upon
	627	+	hearing, for up to an additional one year, with reviews by the court
	628	+	occurring at least every six months.
	629	+	(c) The court after notice and hearing may revoke or modify the order
	630	+	with respect to a party or interested party upon a showing that the party or
	631	+	interested party, being subject to the order for informal supervision, has
	632	+	substantially failed to comply with the terms of the order, or that
	633	+	modification would be in the best interests of the child. Upon revocation,
	634	+	proceedings shall resume pursuant to this code.
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403	678		(d) Persons subject to the order for informal supervision who
404		-	successfully complete the terms and period of supervision shall not
405		-	again be proceeded against in any court based solely upon the
406		-	allegations in the original petition and the proceedings shall be
407		-	dismissed.
	679	+	successfully complete the terms and period of supervision shall not again
	680	+	be proceeded against in any court based solely upon the allegations in the
	681	+	original petition and the proceedings shall be dismissed.
408	682		(e) If the court issues an order for informal supervision pursuant to
409	683		this section, the court may also enter an order restraining any alleged
410		-	perpetrator of physical, mental or emotional abuse or sexual abuse of
411		-	~~the~~ child from residing in the child's home, visiting, contacting,
412		-	~~harassing or~~ intimidating the child, other family member or witness; or
413		-	~~attempting to~~ visit, contact, harass or intimidate the child, other family
414		-	~~member or~~ witness. The restraining order shall be served by personal ~~SENATE BILL No. 217—page 8~~
415		-	~~service pursuant~~ to subsection (a) of K.S.A. 38-2237, and amendments
416		-	~~thereto, on any~~ alleged perpetrator to whom the order is directed.
	684	+	perpetrator of physical, mental or emotional abuse or sexual abuse of the
	685	+	child from residing in the child's home, visiting, contacting, harassing or
	686	+	intimidating the child, other family member or witness; or attempting to
	687	+	visit, contact, harass or intimidate the child, other family member or
	688	+	witness. The restraining order shall be served by personal service pursuant
	689	+	to subsection (a) of K.S.A. 38-2237, and amendments thereto, on any
	690	+	alleged perpetrator to whom the order is directed.
417	691		(f) Lack of service on a parent shall not preclude an informal
418	692		supervision under the provisions of this section. If an order of informal
419	693		supervision is entered which effects change in custody, any parent not
420		-	served pursuant to K.S.A. 38-2237, and amendments thereto, who has
421		-	~~not~~ consented to the informal supervision, may request reconsideration
422		-	~~of the~~ order of informal supervision. The court shall hear the request
423		-	~~without~~ unnecessary delay. If the informal supervision order effects a
424		-	~~change in~~ custody, efforts to accomplish service pursuant to K.S.A. 38-
425		-	~~2237, and~~ amendments thereto, shall continue.
426		-	(g) For the purposes of this section, "harassing or intimidating"
427		-	~~and~~ "harass or intimidate" includes, but is not limited to, utilizing any
428		-	electronic tracking system or acquiring tracking information to
429		-	~~determine~~ the targeted person's location, movement or travel patterns.
430		-	Sec. 6. K.S.A. 38-2255 is hereby amended to read as follows: 38-
	694	+	served pursuant to K.S.A. 38-2237, and amendments thereto, who has not
	695	+	consented to the informal supervision, may request reconsideration of the
	696	+	order of informal supervision. The court shall hear the request without
	697	+	unnecessary delay. If the informal supervision order effects a change in
	698	+	custody, efforts to accomplish service pursuant to K.S.A. 38-2237, and
	699	+	amendments thereto, shall continue.
	700	+	(g) For the purposes of this section, "harassing or intimidating" and
	701	+	"harass or intimidate" includes, but is not limited to, utilizing any
	702	+	electronic tracking system or acquiring tracking information to determine
	703	+	the targeted person's location, movement or travel patterns.
	704	+	Sec. 5. K.S.A. 38-2255 is hereby amended to read as follows: 38-
431	705		2255. (a) Considerations. Prior to entering an order of disposition, the
432	706		court shall give consideration to:
433	707		(1) The child's physical, mental and emotional condition;
434	708		(2) the child's need for assistance;
435		-	(3) the manner in which the parent participated in the abuse,
436		-	~~neglect~~ or abandonment of the child;
437		-	(4) any relevant information from the intake and assessment
438		-	~~process;~~ and
	709	+	(3) the manner in which the parent participated in the abuse, neglect
	710	+	or abandonment of the child;
	711	+	(4) any relevant information from the intake and assessment process;
	712	+	and
439	713		(5) the evidence received at the dispositional hearing.
440	714		(b) Custody with a parent. The court may place the child in the
441	715		custody of either of the child's parents subject to terms and conditions
442		-	which the court prescribes to assure the proper care and protection of
443		-	the child, including, but not limited to:
444		-	(1) Supervision of the child and the parent by a court services
445		-	officer;
	716	+	which the court prescribes to assure the proper care and protection of the
	717	+	child, including, but not limited to:
	718	+	(1) Supervision of the child and the parent by a court services officer;
446	719		(2) participation by the child and the parent in available programs
447	720		operated by an appropriate individual or agency; and
448		-	(3) any special treatment or care which the child needs for the
449		-	child's physical, mental or emotional health and safety.
450		-	(c) Removal of a child from custody of a parent. The court shall
451		-	not enter the initial order removing a child from the custody of a parent
452		-	pursuant to this section unless the court first finds probable cause that:
453		-	(1) (A) The child is likely to sustain harm if not immediately removed
454		-	from the home;
455		-	(B) allowing the child to remain in home is contrary to the welfare
456		-	of the child; or
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	764	+	(3) any special treatment or care which the child needs for the child's
	765	+	physical, mental or emotional health and safety.
	766	+	(c) Removal of a child from custody of a parent. The court shall not
	767	+	enter the initial order removing a child from the custody of a parent
	768	+	pursuant to this section unless the court first finds probable cause that: (1)
	769	+	(A) The child is likely to sustain harm if not immediately removed from
	770	+	the home;
	771	+	(B) allowing the child to remain in home is contrary to the welfare of
	772	+	the child; or
457	773		(C) immediate placement of the child is in the best interest of the
458	774		child; and
459		-	(2) reasonable efforts have been made to maintain the family unit
460		-	~~and~~ prevent the unnecessary removal of the child from the child's home
461		-	~~or that~~ an emergency exists which threatens the safety to the child.
462		-	The court shall not enter an order removing a child from the custody
463		-	of a parent pursuant to this section based solely on the finding that the
464		-	~~parent~~ is homeless.
	775	+	(2) reasonable efforts have been made to maintain the family unit and
	776	+	prevent the unnecessary removal of the child from the child's home or that
	777	+	an emergency exists which threatens the safety to the child.
	778	+	The court shall not enter an order removing a child from the custody of
	779	+	a parent pursuant to this section based solely on the finding that the parent
	780	+	is homeless.
465	781		(d) Custody of a child removed from the custody of a parent. If the
466	782		court has made the findings required by subsection (c), the court shall
467		-	enter an order awarding custody to: A relative of the child or to a
468		-	person with whom the child has close emotional ties who shall not be
469		-	required to be licensed under article 5 of chapter 65 of the Kansas
470		-	Statutes Annotated, and amendments thereto; any other suitable person;
471		-	a shelter facility; a youth residential facility; a staff secure facility,
472		-	notwithstanding any other provision of law, if the child has been
473		-	subjected to human trafficking or aggravated human trafficking, as SENATE BILL No. 217—page 9
474		-	defined by K.S.A. 2022 Supp. 21-5426, and amendments thereto, or
475		-	commercial sexual exploitation of a child, as defined by K.S.A. 2022
476		-	Supp. 21-6422, and amendments thereto, or the child committed an act
477		-	which, if committed by an adult, would constitute a violation of K.S.A.
478		-	2022 Supp. 21-6419, and amendments thereto; or, if the child is 15
479		-	years of age or younger, or 16 or 17 years of age if the child has no
480		-	identifiable parental or family resources or shows signs of physical,
	783	+	enter an order awarding custody to: A relative of the child or to a person
	784	+	with whom the child has close emotional ties who shall not be required to
	785	+	be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated,
	786	+	and amendments thereto; any other suitable person; a shelter facility; a
	787	+	youth residential facility; a staff secure facility, notwithstanding any other
	788	+	provision of law, if the child has been subjected to human trafficking or
	789	+	aggravated human trafficking, as defined by K.S.A. 2022 Supp. 21-5426,
	790	+	and amendments thereto, or commercial sexual exploitation of a child, as
	791	+	defined by K.S.A. 2022 Supp. 21-6422, and amendments thereto, or the
	792	+	child committed an act which, if committed by an adult, would constitute a
	793	+	violation of K.S.A. 2022 Supp. 21-6419, and amendments thereto; or, if
	794	+	the child is 15 years of age or younger, or 16 or 17 years of age if the child
	795	+	has no identifiable parental or family resources or shows signs of physical,
481	796		mental, emotional or sexual abuse, to the secretary. Custody awarded
482	797		under this subsection shall continue until further order of the court.
483	798		(1) When custody is awarded to the secretary, the secretary shall
484		-	consider any placement recommendation by the court and notify the
485		-	court of the placement or proposed placement of the child within 10
486		-	days of the order awarding custody. After providing the parties or
487		-	interested parties notice and opportunity to be heard, the court may
488		-	determine whether the secretary's placement or proposed placement is
489		-	contrary to the welfare or in the best interests of the child. In making
490		-	that determination the court shall consider the health and safety needs
491		-	of the child and the resources available to meet the needs of children in
492		-	the custody of the secretary. If the court determines that the placement
493		-	or proposed placement is contrary to the welfare or not in the best
494		-	interests of the child, the court shall notify the secretary, who shall then
495		-	make an alternative placement.
	799	+	consider any placement recommendation by the court and notify the court
	800	+	of the placement or proposed placement of the child within 10 days of the
	801	+	order awarding custody. After providing the parties or interested parties
	802	+	notice and opportunity to be heard, the court may determine whether the
	803	+	secretary's placement or proposed placement is contrary to the welfare or
	804	+	in the best interests of the child. In making that determination the court
	805	+	shall consider the health and safety needs of the child and the resources
	806	+	available to meet the needs of children in the custody of the secretary. If
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	850	+	the court determines that the placement or proposed placement is contrary
	851	+	to the welfare or not in the best interests of the child, the court shall notify
	852	+	the secretary, who shall then make an alternative placement.
496	853		(2) The custodian designated under this subsection shall notify the
497	854		court in writing at least 10 days prior to any planned placement with a
498		-	parent. The written notice shall state the basis for the custodian's belief
499		-	~~that~~ placement with a parent is no longer contrary to the welfare or best
500		-	~~interest~~ of the child. Upon reviewing the notice, the court may allow
501		-	~~the custodian~~ to proceed with the planned placement or may set the
502		-	~~date for a hearing to~~ determine if the child shall be allowed to return
503		-	~~home. If the court sets a~~ hearing on the matter, the custodian shall not
504		-	~~return the child home without~~ written consent of the court.
505		-	(3) The court may grant any person reasonable rights to visit the
506		-	~~child~~ upon motion of the person and a finding that the visitation rights
507		-	~~would be~~ in the best interests of the child.
508		-	(4) The court may enter an order restraining any alleged
509		-	~~perpetrator~~ of physical, mental or emotional abuse or sexual abuse of
510		-	~~the child from:~~ Residing in the child's home; visiting, contacting,
511		-	~~harassing or intimidating~~ the child, other family member or witness; or
512		-	~~attempting to visit, contact,~~ harass or intimidate the child, other family
513		-	~~member or witness. Such~~ restraining order shall be served by personal
514		-	~~service pursuant to K.S.A.~~ 38-2237(a), and amendments thereto, on any
515		-	~~alleged perpetrator to whom~~ the order is directed.
	855	+	parent. The written notice shall state the basis for the custodian's belief that
	856	+	placement with a parent is no longer contrary to the welfare or best interest
	857	+	of the child. Upon reviewing the notice, the court may allow the custodian
	858	+	to proceed with the planned placement or may set the date for a hearing to
	859	+	determine if the child shall be allowed to return home. If the court sets a
	860	+	hearing on the matter, the custodian shall not return the child home without
	861	+	written consent of the court.
	862	+	(3) The court may grant any person reasonable rights to visit the child
	863	+	upon motion of the person and a finding that the visitation rights would be
	864	+	in the best interests of the child.
	865	+	(4) The court may enter an order restraining any alleged perpetrator
	866	+	of physical, mental or emotional abuse or sexual abuse of the child from:
	867	+	Residing in the child's home; visiting, contacting, harassing or intimidating
	868	+	the child, other family member or witness; or attempting to visit, contact,
	869	+	harass or intimidate the child, other family member or witness. Such
	870	+	restraining order shall be served by personal service pursuant to K.S.A.
	871	+	38-2237(a), and amendments thereto, on any alleged perpetrator to whom
	872	+	the order is directed.
516	873		(5) The court shall provide a copy of any orders entered within 10
517	874		days of entering the order to the custodian designated under this
518	875		subsection.
519		-	(e) Further determinations regarding a child removed from the
520		-	~~home.~~ If custody has been awarded under subsection (d) to a person
521		-	~~other than a~~ parent, a permanency plan shall be provided or prepared
522		-	~~pursuant to~~ K.S.A. 38-2264, and amendments thereto. If a permanency
523		-	~~plan is~~ provided at the dispositional hearing, the court may determine
524		-	~~whether~~ reintegration is a viable alternative or, if reintegration is not a
525		-	~~viable~~ alternative, whether the child should be placed for adoption or a
526		-	~~permanent~~ custodian appointed. In determining whether reintegration is
527		-	~~a viable~~ alternative, the court shall consider:
	876	+	(e) Further determinations regarding a child removed from the home.
	877	+	If custody has been awarded under subsection (d) to a person other than a
	878	+	parent, a permanency plan shall be provided or prepared pursuant to
	879	+	K.S.A. 38-2264, and amendments thereto. If a permanency plan is
	880	+	provided at the dispositional hearing, the court may determine whether
	881	+	reintegration is a viable alternative or, if reintegration is not a viable
	882	+	alternative, whether the child should be placed for adoption or a permanent
	883	+	custodian appointed. In determining whether reintegration is a viable
	884	+	alternative, the court shall consider:
528	885		(1) Whether a parent has been found by a court to have committed
529	886		one of the following crimes or to have violated the law of another state
530		-	prohibiting such crimes or to have aided and abetted, attempted,
531		-	conspired or solicited the commission of one of these crimes: (A)
532		-	Murder in the first degree, K.S.A. 21-3401, prior to its repeal, or SENATE BILL No. 217—page 10
533		-	K.S.A. 2022 Supp. 21-5402, and amendments thereto; (B) murder in
534		-	the second degree, K.S.A. 21-3402, prior to its repeal, or K.S.A. 2022
535		-	Supp. 21-5403, and amendments thereto; (C) capital murder, K.S.A.
536		-	21-3439, prior to its repeal, or K.S.A. 2022 Supp. 21-5401, and
537		-	amendments thereto; (D) voluntary manslaughter, K.S.A. 21-3403,
538		-	prior to its repeal, or K.S.A. 2022 Supp. 21-5404, and amendments
539		-	thereto; or (E) a felony battery that resulted in bodily injury;
	887	+	prohibiting such crimes or to have aided and abetted, attempted, conspired
	888	+	or solicited the commission of one of these crimes: (A) Murder in the first
	889	+	degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 2022 Supp. 21-5402,
	890	+	and amendments thereto; (B) murder in the second degree, K.S.A. 21-
	891	+	3402, prior to its repeal, or K.S.A. 2022 Supp. 21-5403, and amendments
	892	+	thereto; (C) capital murder, K.S.A. 21-3439, prior to its repeal, or K.S.A.
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	936	+	2022 Supp. 21-5401, and amendments thereto; (D) voluntary
	937	+	manslaughter, K.S.A. 21-3403, prior to its repeal, or K.S.A. 2022 Supp.
	938	+	21-5404, and amendments thereto; or (E) a felony battery that resulted in
	939	+	bodily injury;
540	940		(2) whether a parent has subjected the child or another child to
541	941		aggravated circumstances;
542		-	(3) whether a parent has previously been found to be an unfit
543		-	~~parent~~ in proceedings under this code or in comparable proceedings
544		-	~~under the~~ laws of another state or the federal government;
	942	+	(3) whether a parent has previously been found to be an unfit parent
	943	+	in proceedings under this code or in comparable proceedings under the
	944	+	laws of another state or the federal government;
545	945		(4) whether the child has been in the custody of the secretary and
546		-	placed with neither parent for 15 of the most recent 22 months
547		-	~~beginning~~ 60 days after the date on which a child in the secretary's
548		-	~~custody was~~ removed from the child's home;
	946	+	placed with neither parent for 15 of the most recent 22 months beginning
	947	+	60 days after the date on which a child in the secretary's custody was
	948	+	removed from the child's home;
549	949		(5) whether the parents have failed to work diligently toward
550	950		reintegration;
551	951		(6) whether the secretary has provided the family with services
552	952		necessary for the safe return of the child to the home; and
553		-	(7) whether it is reasonable to expect reintegration to occur within
554		-	a time frame consistent with the child's developmental needs.
555		-	(f) Proceedings if reintegration is not a viable alternative. If the
556		-	court determines that reintegration is not a viable alternative,
557		-	proceedings to terminate parental rights and permit placement of the
558		-	child for adoption or appointment of a permanent custodian shall be
559		-	initiated unless the court finds that compelling reasons have been
560		-	documented in the case plan why adoption or appointment of a
561		-	permanent custodian would not be in the best interests of the child. If
562		-	compelling reasons have not been documented, the county or district
563		-	attorney shall file a motion within 30 days to terminate parental rights
564		-	or a motion to appoint a permanent custodian within 30 days and the
565		-	court shall hold a hearing on the motion within 90 days of its filing. No
566		-	hearing is required when the parents voluntarily relinquish parental
567		-	rights or consent to the appointment of a permanent custodian.
	953	+	(7) whether it is reasonable to expect reintegration to occur within a
	954	+	time frame consistent with the child's developmental needs.
	955	+	(f) Proceedings if reintegration is not a viable alternative. If the court
	956	+	determines that reintegration is not a viable alternative, proceedings to
	957	+	terminate parental rights and permit placement of the child for adoption or
	958	+	appointment of a permanent custodian shall be initiated unless the court
	959	+	finds that compelling reasons have been documented in the case plan why
	960	+	adoption or appointment of a permanent custodian would not be in the best
	961	+	interests of the child. If compelling reasons have not been documented, the
	962	+	county or district attorney shall file a motion within 30 days to terminate
	963	+	parental rights or a motion to appoint a permanent custodian within 30
	964	+	days and the court shall hold a hearing on the motion within 90 days of its
	965	+	filing. No hearing is required when the parents voluntarily relinquish
	966	+	parental rights or consent to the appointment of a permanent custodian.
568	967		(g) Additional Orders. In addition to or in lieu of any other order
569	968		authorized by this section:
570	969		(1) The court may order the child and the parents of any child who
571		-	has been adjudicated a child in need of care to attend counseling
572		-	~~sessions~~ as the court directs. The expense of the counseling may be
573		-	~~assessed as an~~ expense in the case. No mental health provider shall
574		-	~~charge a greater fee~~ for court-ordered counseling than the provider
575		-	~~would have charged to the~~ person receiving counseling if the person
576		-	~~had requested counseling on the~~ person's own initiative.
	970	+	has been adjudicated a child in need of care to attend counseling sessions
	971	+	as the court directs. The expense of the counseling may be assessed as an
	972	+	expense in the case. No mental health provider shall charge a greater fee
	973	+	for court-ordered counseling than the provider would have charged to the
	974	+	person receiving counseling if the person had requested counseling on the
	975	+	person's own initiative.
577	976		(2) If the court has reason to believe that a child is before the court
578	977		due, in whole or in part, to the use or misuse of alcohol or a violation of
579		-	K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto,
580		-	by the child, a parent of the child, or another person responsible for the
581		-	care of the child, the court may order the child, parent of the child or
582		-	other person responsible for the care of the child to submit to and
583		-	complete an alcohol and drug evaluation by a qualified person or
584		-	agency and comply with any recommendations. If the evaluation is
585		-	performed by a community-based alcohol and drug safety program
586		-	certified pursuant to K.S.A. 8-1008, and amendments thereto, the child,
587		-	parent of the child or other person responsible for the care of the child
588		-	shall pay a fee not to exceed the fee established by that statute. If the
589		-	court finds that the child and those legally liable for the child's support
590		-	are indigent, the fee may be waived. In no event shall the fee be
591		-	assessed against the secretary. SENATE BILL No. 217—page 11
592		-	(3) If child support has been requested and the parent or parents
593		-	have a duty to support the child, the court may order one or both
594		-	parents to pay child support and, when custody is awarded to the
595		-	secretary, the court shall order one or both parents to pay child support.
596		-	The court shall determine, for each parent separately, whether the
597		-	parent is already subject to an order to pay support for the child. If the
598		-	parent is not presently ordered to pay support for any child who is
599		-	subject to the jurisdiction of the court and the court has personal
600		-	jurisdiction over the parent, the court shall order the parent to pay child
601		-	support in an amount determined under K.S.A. 38-2277, and
602		-	amendments thereto. Except for good cause shown, the court shall issue
603		-	an immediate income withholding order pursuant to K.S.A. 2022 Supp.
604		-	23-3101 et seq., and amendments thereto, for each parent ordered to
605		-	pay support under this subsection, regardless of whether a payor has
606		-	been identified for the parent. A parent ordered to pay child support
607		-	under this subsection shall be notified, at the hearing or otherwise, that
608		-	the child support order may be registered pursuant to K.S.A. 38-2279,
609		-	and amendments thereto. The parent shall also be informed that, after
610		-	registration, the income withholding order may be served on the
611		-	parent's employer without further notice to the parent and the child
612		-	support order may be enforced by any method allowed by law. Failure
613		-	to provide this notice shall not affect the validity of the child support
614		-	order.
615		-	(h) For the purposes of this section, "harassing or intimidating"
616		-	and "harass or intimidate" includes, but is not limited to, utilizing any
617		-	electronic tracking system or acquiring tracking information to
618		-	determine the targeted person's location, movement or travel patterns.
619		-	Sec. 7. K.S.A. 2022 Supp. 60-3107 is hereby amended to read as
	978	+	K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto, by
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	1022	+	the child, a parent of the child, or another person responsible for the care
	1023	+	of the child, the court may order the child, parent of the child or other
	1024	+	person responsible for the care of the child to submit to and complete an
	1025	+	alcohol and drug evaluation by a qualified person or agency and comply
	1026	+	with any recommendations. If the evaluation is performed by a
	1027	+	community-based alcohol and drug safety program certified pursuant to
	1028	+	K.S.A. 8-1008, and amendments thereto, the child, parent of the child or
	1029	+	other person responsible for the care of the child shall pay a fee not to
	1030	+	exceed the fee established by that statute. If the court finds that the child
	1031	+	and those legally liable for the child's support are indigent, the fee may be
	1032	+	waived. In no event shall the fee be assessed against the secretary.
	1033	+	(3) If child support has been requested and the parent or parents have
	1034	+	a duty to support the child, the court may order one or both parents to pay
	1035	+	child support and, when custody is awarded to the secretary, the court shall
	1036	+	order one or both parents to pay child support. The court shall determine,
	1037	+	for each parent separately, whether the parent is already subject to an order
	1038	+	to pay support for the child. If the parent is not presently ordered to pay
	1039	+	support for any child who is subject to the jurisdiction of the court and the
	1040	+	court has personal jurisdiction over the parent, the court shall order the
	1041	+	parent to pay child support in an amount determined under K.S.A. 38-
	1042	+	2277, and amendments thereto. Except for good cause shown, the court
	1043	+	shall issue an immediate income withholding order pursuant to K.S.A.
	1044	+	2022 Supp. 23-3101 et seq., and amendments thereto, for each parent
	1045	+	ordered to pay support under this subsection, regardless of whether a payor
	1046	+	has been identified for the parent. A parent ordered to pay child support
	1047	+	under this subsection shall be notified, at the hearing or otherwise, that the
	1048	+	child support order may be registered pursuant to K.S.A. 38-2279, and
	1049	+	amendments thereto. The parent shall also be informed that, after
	1050	+	registration, the income withholding order may be served on the parent's
	1051	+	employer without further notice to the parent and the child support order
	1052	+	may be enforced by any method allowed by law. Failure to provide this
	1053	+	notice shall not affect the validity of the child support order.
	1054	+	(h) For the purposes of this section, "harassing or intimidating" and
	1055	+	"harass or intimidate" includes, but is not limited to, utilizing any
	1056	+	electronic tracking system or acquiring tracking information to determine
	1057	+	the targeted person's location, movement or travel patterns.
	1058	+	Sec. 6. K.S.A. 2022 Supp. 60-3107 is hereby amended to read as
620	1059		follows: 60-3107. (a) The court may approve any consent agreement to
621		-	bring about a cessation of abuse of the plaintiff or minor children or
622		-	grant any of the following orders:
623		-	(1) Restraining the defendant from abusing, molesting or
624		-	interfering with the privacy or rights of the plaintiff or of any minor
625		-	children of the parties, including, but not limited to, utilizing any
626		-	electronic tracking system or acquiring tracking information to
627		-	determine the other person's location, movement or travel patterns.
628		-	Such order shall contain a statement that if such order is violated, such
629		-	violation may constitute assault as defined in subsection (a) of K.S.A.
630		-	2022 Supp. 21-5412(a), and amendments thereto, battery as defined in
631		-	subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and amendments
632		-	thereto, domestic battery as defined in K.S.A. 2022 Supp. 21-5414, and
633		-	amendments thereto, and violation of a protective order as defined in
634		-	K.S.A. 2022 Supp. 21-5924, and amendments thereto.
635		-	(2) Granting possession of the residence or household to the
636		-	plaintiff to the exclusion of the defendant, and further restraining the
637		-	defendant from entering or remaining upon or in such residence or
638		-	household, subject to the limitation of subsection (d). Such order shall
639		-	contain a statement that if such order is violated, such violation shall
640		-	constitute criminal trespass as defined in subsection (a)(1)(C) of K.S.A.
641		-	2022 Supp. 21-5808(a)(1)(C), and amendments thereto, and violation
642		-	of a protective order as defined in K.S.A. 2022 Supp. 21-5924, and
643		-	amendments thereto. The court may grant an order, which shall expire
644		-	60 days following the date of issuance, restraining the defendant from
645		-	cancelling utility service to the residence or household.
646		-	(3) Requiring defendant to provide suitable, alternate housing for
647		-	the plaintiff and any minor children of the parties.
	1060	+	bring about a cessation of abuse of the plaintiff or minor children or grant
	1061	+	any of the following orders:
	1062	+	(1) Restraining the defendant from abusing, molesting or interfering
	1063	+	with the privacy or rights of the plaintiff or of any minor children of the
	1064	+	parties, including, but not limited to, utilizing any electronic tracking
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	1108	+	system or acquiring tracking information to determine the other person's
	1109	+	location, movement or travel patterns. Such order shall contain a statement
	1110	+	that if such order is violated, such violation may constitute assault as
	1111	+	defined in subsection (a) of K.S.A. 2022 Supp. 21-5412(a), and
	1112	+	amendments thereto, battery as defined in subsection (a) of K.S.A. 2022
	1113	+	Supp. 21-5413(a), and amendments thereto, domestic battery as defined in
	1114	+	K.S.A. 2022 Supp. 21-5414, and amendments thereto, and violation of a
	1115	+	protective order as defined in K.S.A. 2022 Supp. 21-5924, and
	1116	+	amendments thereto.
	1117	+	(2) Granting possession of the residence or household to the plaintiff
	1118	+	to the exclusion of the defendant, and further restraining the defendant
	1119	+	from entering or remaining upon or in such residence or household,
	1120	+	subject to the limitation of subsection (d). Such order shall contain a
	1121	+	statement that if such order is violated, such violation shall constitute
	1122	+	criminal trespass as defined in subsection (a)(1)(C) of K.S.A. 2022 Supp.
	1123	+	21-5808(a)(1)(C), and amendments thereto, and violation of a protective
	1124	+	order as defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
	1125	+	The court may grant an order, which shall expire 60 days following the
	1126	+	date of issuance, restraining the defendant from cancelling utility service
	1127	+	to the residence or household.
	1128	+	(3) Requiring defendant to provide suitable, alternate housing for the
	1129	+	plaintiff and any minor children of the parties.
648	1130		(4) Awarding temporary custody and residency and establishing
649	1131		temporary parenting time with regard to minor children.
650		-	(5) Ordering a law enforcement officer to evict the defendant from ~~SENATE BILL No. 217—page 12~~
	1132	+	(5) Ordering a law enforcement officer to evict the defendant from
651	1133		the residence or household.
652		-	(6) Ordering support payments by a party for the support of a
653		-	~~party's~~ minor child, if the party is the father or mother of the child, or
654		-	~~the plaintiff,~~ if the plaintiff is married to the defendant. Such support
655		-	~~orders shall~~ remain in effect until modified or dismissed by the court or
656		-	~~until expiration~~ and shall be for a fixed period of time not to exceed one
657		-	~~year. On the~~ motion of the plaintiff, the court may extend the effect of
658		-	~~such order for 12~~ months.
	1134	+	(6) Ordering support payments by a party for the support of a party's
	1135	+	minor child, if the party is the father or mother of the child, or the plaintiff,
	1136	+	if the plaintiff is married to the defendant. Such support orders shall
	1137	+	remain in effect until modified or dismissed by the court or until expiration
	1138	+	and shall be for a fixed period of time not to exceed one year. On the
	1139	+	motion of the plaintiff, the court may extend the effect of such order for 12
	1140	+	months.
659	1141		(7) Awarding costs and attorney fees to either party.
660		-	(8) Making provision for the possession of personal property of
661		-	~~the~~ parties and ordering a law enforcement officer to assist in securing
	1142	+	(8) Making provision for the possession of personal property of the
	1143	+	parties and ordering a law enforcement officer to assist in securing
662	1144		possession of that property, if necessary.
663	1145		(9) Requiring any person against whom an order is issued to seek
664	1146		counseling to aid in the cessation of abuse.
665	1147		(10) Ordering or restraining any other acts deemed necessary to
666		-	promote the safety of the plaintiff or of any minor children of the
667		-	parties.
	1148	+	promote the safety of the plaintiff or of any minor children of the parties.
668	1149		(b) No protection from abuse order shall be entered against the
669	1150		plaintiff unless:
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670	1194		(1) The defendant properly files a written cross or counter petition
671	1195		seeking such a protection order;
672		-	(2) the plaintiff had reasonable notice of the written cross or
673		-	counter petition by personal service as provided in subsection (d) of
674		-	K.S.A. 60-3104(d), and amendments thereto; and
675		-	(3) the issuing court made specific findings of abuse against both
676		-	the plaintiff and the defendant and determined that both parties acted
677		-	primarily as aggressors and neither party acted primarily in self-
678		-	defense.
679		-	(c) Any order entered under the protection from abuse act shall not
680		-	be subject to modification on ex parte application or on motion for
681		-	temporary orders in any action filed pursuant to K.S.A. 60-1601 et seq.,
682		-	prior to their transfer or repeal, or article 22 or 27 of chapter 23 of the
683		-	Kansas Statutes Annotated, and amendments thereto, or K.S.A. 38-
684		-	1101 et seq., and amendments thereto. Orders previously issued in an
685		-	action filed pursuant to K.S.A. 60-1601 et seq., prior to their transfer or
686		-	repeal, or article 22 or 27 of chapter 23 of the Kansas Statutes
	1196	+	(2) the plaintiff had reasonable notice of the written cross or counter
	1197	+	petition by personal service as provided in subsection (d) of K.S.A. 60-
	1198	+	3104(d), and amendments thereto; and
	1199	+	(3) the issuing court made specific findings of abuse against both the
	1200	+	plaintiff and the defendant and determined that both parties acted primarily
	1201	+	as aggressors and neither party acted primarily in self-defense.
	1202	+	(c) Any order entered under the protection from abuse act shall not be
	1203	+	subject to modification on ex parte application or on motion for temporary
	1204	+	orders in any action filed pursuant to K.S.A. 60-1601 et seq., prior to their
	1205	+	transfer or repeal, or article 22 or 27 of chapter 23 of the Kansas Statutes
687	1206		Annotated, and amendments thereto, or K.S.A. 38-1101 et seq., and
688		-	amendments thereto, shall be subject to modification under the
689		-	protection from abuse act only as to those matters subject to
690		-	modification by the terms of K.S.A. 2022 Supp. 23-3201 through 23-
691		-	3207 and 23-3218 and article 27 of chapter 23 of the Kansas Statutes
692		-	Annotated, and amendments thereto, and on sworn testimony to
693		-	support a showing of good cause. Immediate and present danger of
694		-	abuse to the plaintiff or minor children shall constitute good cause. If
695		-	an action is filed pursuant to K.S.A. 2022 Supp. 23-3201 through 23-
696		-	3207 or 23-3218 or article 22 or 27 of chapter 23 of the Kansas Statutes
697		-	Annotated, and amendments thereto, during the pendency of a
698		-	proceeding filed under the protection from abuse act or while an order
699		-	issued under the protection from abuse act is in effect, the court, on
700		-	final hearing or on agreement of the parties, may issue final orders
701		-	authorized by K.S.A. 2022 Supp. 23-3201 through 23-3207 and 23-
702		-	3218 and articles 22 and 27 of chapter 23 of the Kansas Statutes
703		-	Annotated, and amendments thereto, that are inconsistent with orders
704		-	entered under the protection from abuse act. Any inconsistent order
705		-	entered pursuant to this subsection shall be specific in its terms,
706		-	reference the protection from abuse order and parts thereof being
707		-	modified and a copy thereof shall be filed in both actions. The court
	1207	+	amendments thereto. Orders previously issued in an action filed pursuant
	1208	+	to K.S.A. 60-1601 et seq., prior to their transfer or repeal, or article 22 or
	1209	+	27 of chapter 23 of the Kansas Statutes Annotated, and amendments
	1210	+	thereto, or K.S.A. 38-1101 et seq., and amendments thereto, shall be
	1211	+	subject to modification under the protection from abuse act only as to
	1212	+	those matters subject to modification by the terms of K.S.A. 2022 Supp.
	1213	+	23-3201 through 23-3207 and 23-3218 and article 27 of chapter 23 of the
	1214	+	Kansas Statutes Annotated, and amendments thereto, and on sworn
	1215	+	testimony to support a showing of good cause. Immediate and present
	1216	+	danger of abuse to the plaintiff or minor children shall constitute good
	1217	+	cause. If an action is filed pursuant to K.S.A. 2022 Supp. 23-3201 through
	1218	+	23-3207 or 23-3218 or article 22 or 27 of chapter 23 of the Kansas Statutes
	1219	+	Annotated, and amendments thereto, during the pendency of a proceeding
	1220	+	filed under the protection from abuse act or while an order issued under
	1221	+	the protection from abuse act is in effect, the court, on final hearing or on
	1222	+	agreement of the parties, may issue final orders authorized by K.S.A. 2022
	1223	+	Supp. 23-3201 through 23-3207 and 23-3218 and articles 22 and 27 of
	1224	+	chapter 23 of the Kansas Statutes Annotated, and amendments thereto, that
	1225	+	are inconsistent with orders entered under the protection from abuse act.
	1226	+	Any inconsistent order entered pursuant to this subsection shall be specific
	1227	+	in its terms, reference the protection from abuse order and parts thereof
	1228	+	being modified and a copy thereof shall be filed in both actions. The court
708	1229		shall consider whether the actions should be consolidated in accordance
709		-	with K.S.A. 60-242, and amendments thereto. Any custody or parenting SENATE BILL No. 217—page 13
710		-	time order, or order relating to the best interests of a child, issued
711		-	pursuant to the revised Kansas code for care of children or the revised
712		-	Kansas juvenile justice code, shall be binding and shall take precedence
713		-	over any such custody or parenting order involving the same child
714		-	issued under the protection from abuse act, until jurisdiction under the
715		-	revised Kansas code for care of children or the revised Kansas juvenile
716		-	justice code is terminated. Any inconsistent custody or parenting order
717		-	issued in the revised Kansas code for care of children case or the
718		-	revised Kansas juvenile justice code case shall be specific in its terms,
719		-	reference any preexisting protection from abuse order and the custody
720		-	being modified, and a copy of such order shall be filed in the
721		-	preexisting protection from abuse case.
722		-	(d) If the parties to an action under the protection from abuse act
723		-	are not married to each other and one party owns the residence or
724		-	household, the court shall not have the authority to grant possession of
725		-	the residence or household under subsection (a)(2) to the exclusion of
726		-	the party who owns it.
	1230	+	with K.S.A. 60-242, and amendments thereto. Any custody or parenting
	1231	+	time order, or order relating to the best interests of a child, issued pursuant
	1232	+	to the revised Kansas code for care of children or the revised Kansas
	1233	+	juvenile justice code, shall be binding and shall take precedence over any
	1234	+	such custody or parenting order involving the same child issued under the
	1235	+	protection from abuse act, until jurisdiction under the revised Kansas code
	1236	+	for care of children or the revised Kansas juvenile justice code is
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	1280	+	terminated. Any inconsistent custody or parenting order issued in the
	1281	+	revised Kansas code for care of children case or the revised Kansas
	1282	+	juvenile justice code case shall be specific in its terms, reference any
	1283	+	preexisting protection from abuse order and the custody being modified,
	1284	+	and a copy of such order shall be filed in the preexisting protection from
	1285	+	abuse case.
	1286	+	(d) If the parties to an action under the protection from abuse act are
	1287	+	not married to each other and one party owns the residence or household,
	1288	+	the court shall not have the authority to grant possession of the residence
	1289	+	or household under subsection (a)(2) to the exclusion of the party who
	1290	+	owns it.
727	1291		(e) Subject to the provisions of subsections (b), (c) and (d), a
728		-	protective order or approved consent agreement shall remain in effect
729		-	until modified or dismissed by the court and shall be for a fixed period
730		-	of time not to exceed one year less than one year and not more than
731		-	two years, except as provided in subsection subsections (e)(1) and (e)
732		-	(2).
733		-	(1) Upon motion of the plaintiff, such period may be extended for
734		-	one an additional year period of not less than one year and not more
735		-	than three years.
736		-	(2) Upon verified motion of the plaintiff and after the defendant
737		-	has been personally served with a copy of the motion and has had an
738		-	opportunity to present evidence and cross-examine witnesses at a
739		-	hearing on the motion, the court shall extend a protective order for not
740		-	less than one additional year and may extend the protective order up to
741		-	the lifetime of the defendant if the court determines by a preponderance
742		-	of the evidence that the defendant has: (A) Violated a valid protection
743		-	order or (A) has; (B) previously violated a valid protection order,; or
744		-	(B) has (C) been convicted of a person felony or any conspiracy,
745		-	criminal solicitation or attempt thereof, under the laws of Kansas or the
746		-	laws of any other jurisdiction which are substantially similar to such
747		-	person felony, committed against the plaintiff or any member of the
748		-	plaintiff's household, the court shall extend a protective order for not
749		-	less than two additional years and may extend the protective order up to
750		-	the lifetime of the defendant. No service fee shall be required for a
751		-	motion filed pursuant to this subsection.
	1292	+	protective order or approved consent agreement shall remain in effect until
	1293	+	modified or dismissed by the court and shall be for a fixed period of time
	1294	+	not to exceed one year, except as provided in subsection (e)(1) and (e)(2).
	1295	+	(1) Upon motion of the plaintiff, such period may be extended for one
	1296	+	additional year.
	1297	+	(2) Upon verified motion of the plaintiff and after the defendant has
	1298	+	been personally served with a copy of the motion and has had an
	1299	+	opportunity to present evidence and cross-examine witnesses at a hearing
	1300	+	on the motion, the court shall extend a protective order for not less than
	1301	+	two additional years and may extend the protective order up to the lifetime
	1302	+	of the defendant if the court determines by a preponderance of the
	1303	+	evidence that the defendant has: (A) Violated a valid protection order or
	1304	+	(A) has; (B) previously violated a valid protection order,; or (B) has (C)
	1305	+	been convicted of a person felony or any conspiracy, criminal solicitation
	1306	+	or attempt thereof, under the laws of Kansas or the laws of any other
	1307	+	jurisdiction which are substantially similar to such person felony,
	1308	+	committed against the plaintiff or any member of the plaintiff's household,
	1309	+	the court shall extend a protective order for not less than two additional
	1310	+	years and may extend the protective order up to the lifetime of the
	1311	+	defendant. No service fee shall be required for a motion filed pursuant to
	1312	+	this subsection.
752	1313		(f) The court may amend its order or agreement at any time upon
753	1314		motion filed by either party.
754		-	(g) No order or agreement under the protection from abuse act
755		-	shall in any manner affect title to any real property.
756		-	(h) If a person enters or remains on premises or property violating
757		-	an order issued pursuant to subsection (a)(2), such violation shall
758		-	constitute criminal trespass as defined in subsection (a)(1)(C) of K.S.A.
759		-	2022 Supp. 21-5808(a)(1)(C), and amendments thereto, and violation
760		-	of a protective order as defined in K.S.A. 2022 Supp. 21-5924, and
761		-	amendments thereto. If a person abuses, molests or interferes with the
762		-	privacy or rights of another violating an order issued pursuant to
763		-	subsection (a)(1), such violation may constitute assault as defined in
764		-	subsection (a) of K.S.A. 2022 Supp. 21-5412(a), and amendments
765		-	thereto, battery as defined in subsection (a) of K.S.A. 2022 Supp. 21-
766		-	5413(a), and amendments thereto, domestic battery as defined in
767		-	K.S.A. 2022 Supp. 21-5414, and amendments thereto, and violation of
768		-	a protective order as defined in K.S.A. 2022 Supp. 21-5924, and SENATE BILL No. 217—page 14
769		-	amendments thereto.
770		-	Sec. 8. K.S.A. 2022 Supp. 60-31a06 is hereby amended to read as
	1315	+	(g) No order or agreement under the protection from abuse act shall
	1316	+	in any manner affect title to any real property.
	1317	+	(h) If a person enters or remains on premises or property violating an
	1318	+	order issued pursuant to subsection (a)(2), such violation shall constitute
	1319	+	criminal trespass as defined in subsection (a)(1)(C) of K.S.A. 2022 Supp.
	1320	+	21-5808(a)(1)(C), and amendments thereto, and violation of a protective
	1321	+	order as defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
	1322	+	If a person abuses, molests or interferes with the privacy or rights of
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	1366	+	another violating an order issued pursuant to subsection (a)(1), such
	1367	+	violation may constitute assault as defined in subsection (a) of K.S.A.
	1368	+	2022 Supp. 21-5412(a), and amendments thereto, battery as defined in
	1369	+	subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and amendments thereto,
	1370	+	domestic battery as defined in K.S.A. 2022 Supp. 21-5414, and
	1371	+	amendments thereto, and violation of a protective order as defined in
	1372	+	K.S.A. 2022 Supp. 21-5924, and amendments thereto.
	1373	+	Sec. 7. K.S.A. 2022 Supp. 60-31a06 is hereby amended to read as
771	1374		follows: 60-31a06. (a) The court may issue a protection from stalking,
772		-	sexual assault or human trafficking order granting any one or more of
773		-	~~the~~ following orders:
774		-	(1) Restraining the defendant from following, harassing,
775		-	~~telephoning,~~ contacting or otherwise communicating with the victim.
776		-	~~The order shall~~ contain a statement that, if the order is violated, the
777		-	~~violation may~~ constitute stalking as defined in K.S.A. 2022 Supp. 21-
778		-	~~5427, and~~ amendments thereto, and violation of a protective order as
779		-	~~defined in~~ K.S.A. 2022 Supp. 21-5924, and amendments thereto.
780		-	(2) Restraining the defendant from abusing, molesting or
781		-	~~interfering~~ with the privacy rights of the victim. The order shall contain
782		-	~~a statement~~ that, if the order is violated, the violation may constitute
783		-	~~stalking as~~ defined in K.S.A. 2022 Supp. 21-5427, and amendments
784		-	~~thereto, assault as~~ defined in K.S.A. 2022 Supp. 21-5412(a), and
785		-	~~amendments thereto, battery~~ as defined in K.S.A. 2022 Supp. 21-
786		-	~~5413(a), and amendments thereto, and~~ violation of a protective order as
787		-	~~defined in K.S.A. 2022 Supp. 21-5924,~~ and amendments thereto.
	1375	+	sexual assault or human trafficking order granting any one or more of the
	1376	+	following orders:
	1377	+	(1) Restraining the defendant from following, harassing, telephoning,
	1378	+	contacting or otherwise communicating with the victim. The order shall
	1379	+	contain a statement that, if the order is violated, the violation may
	1380	+	constitute stalking as defined in K.S.A. 2022 Supp. 21-5427, and
	1381	+	amendments thereto, and violation of a protective order as defined in
	1382	+	K.S.A. 2022 Supp. 21-5924, and amendments thereto.
	1383	+	(2) Restraining the defendant from abusing, molesting or interfering
	1384	+	with the privacy or rights of the victim. The order shall contain a statement
	1385	+	that, if the order is violated, the violation may constitute stalking as
	1386	+	defined in K.S.A. 2022 Supp. 21-5427, and amendments thereto, assault as
	1387	+	defined in K.S.A. 2022 Supp. 21-5412(a), and amendments thereto, battery
	1388	+	as defined in K.S.A. 2022 Supp. 21-5413(a), and amendments thereto, and
	1389	+	violation of a protective order as defined in K.S.A. 2022 Supp. 21-5924,
	1390	+	and amendments thereto.
788	1391		(3) Restraining the defendant from entering upon or in the victim's
789	1392		residence or the immediate vicinity thereof. The order shall contain a
790	1393		statement that, if the order is violated, the violation shall constitute
791		-	criminal trespass as defined in K.S.A. 2022 Supp. 21-5808(a)(1)(C),
792		-	~~and~~ amendments thereto, and violation of a protective order as defined
793		-	in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
	1394	+	criminal trespass as defined in K.S.A. 2022 Supp. 21-5808(a)(1)(C), and
	1395	+	amendments thereto, and violation of a protective order as defined in
	1396	+	K.S.A. 2022 Supp. 21-5924, and amendments thereto.
794	1397		(4) Restraining the defendant from committing or attempting to
795	1398		commit a sexual assault upon the victim. The order shall contain a
796	1399		statement that, if the order is violated, the violation shall constitute
797		-	violation of a protective order as defined in K.S.A. 2022 Supp. 21-
798		-	5924, and amendments thereto. The order shall also contain a statement
799		-	that, if the order is violated, the violation may constitute a sex offense
800		-	under article 55 of chapter 21 of the Kansas Statutes Annotated, and
801		-	amendments thereto, and the accused may be prosecuted, convicted of
802		-	and punished for such sex offense.
803		-	(5) Restraining the defendant from following, harassing,
804		-	telephoning, contacting, recruiting, harboring, transporting, or
805		-	committing or attempting to commit human trafficking upon the human
806		-	trafficking victim, or otherwise communicating with the human
807		-	trafficking victim. The order shall contain a statement that, if the order
808		-	is violated, the violation shall constitute violation of a protective order
809		-	as defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
810		-	The order shall also contain a statement that, if the order is violated, the
811		-	violation may constitute an offense under chapter 21 of the Kansas
812		-	Statutes Annotated, and amendments thereto, and the accused may be
813		-	prosecuted, convicted of and punished for such offense.
	1400	+	violation of a protective order as defined in K.S.A. 2022 Supp. 21-5924,
	1401	+	and amendments thereto. The order shall also contain a statement that, if
	1402	+	the order is violated, the violation may constitute a sex offense under
	1403	+	article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments
	1404	+	thereto, and the accused may be prosecuted, convicted of and punished for
	1405	+	such sex offense.
	1406	+	(5) Restraining the defendant from following, harassing, telephoning,
	1407	+	contacting, recruiting, harboring, transporting, or committing or attempting
	1408	+	to commit human trafficking upon the human trafficking victim, or
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	1452	+	otherwise communicating with the human trafficking victim. The order
	1453	+	shall contain a statement that, if the order is violated, the violation shall
	1454	+	constitute violation of a protective order as defined in K.S.A. 2022 Supp.
	1455	+	21-5924, and amendments thereto. The order shall also contain a statement
	1456	+	that, if the order is violated, the violation may constitute an offense under
	1457	+	chapter 21 of the Kansas Statutes Annotated, and amendments thereto, and
	1458	+	the accused may be prosecuted, convicted of and punished for such
	1459	+	offense.
814	1460		(6) Any other order deemed necessary by the court to carry out the
815	1461		provisions of this act.
816		-	(b) A protection from stalking, sexual abuse assault or human
817		-	trafficking order shall remain in effect until modified or dismissed by
818		-	the court and shall be for a fixed period of time not to exceed one year
819		-	less than one year and not more than two years, except as provided in
820		-	subsections (c) and (d).
821		-	(c) Upon motion of the plaintiff the court may extend the order for
822		-	an additional year period of not less than one year and not more than
823		-	three years.
824		-	(d) Upon verified motion of the plaintiff and after the defendant
825		-	has been personally served with a copy of the motion and has had an
826		-	opportunity to present evidence and cross-examine witnesses at a
827		-	hearing on the motion, the court shall extend a protective order for not SENATE BILL No. 217—page 15
828		-	less than two additional years and up to a period of time not to exceed
829		-	the lifetime of the defendant, if the court determines by a
830		-	preponderance of the evidence that the defendant has:
	1462	+	(b) A protection from stalking, sexual abuse or human trafficking
	1463	+	order shall remain in effect until modified or dismissed by the court and
	1464	+	shall be for a fixed period of time not to exceed one year except as
	1465	+	provided in subsections (c) and (d).
	1466	+	(c) Upon motion of the plaintiff the court may extend the order for an
	1467	+	additional year.
	1468	+	(d) Upon verified motion of the plaintiff and after the defendant has
	1469	+	been personally served with a copy of the motion and has had an
	1470	+	opportunity to present evidence and cross-examine witnesses at a hearing
	1471	+	on the motion, the court shall extend a protective order for not less than
	1472	+	two additional years and up to a period of time not to exceed the lifetime
	1473	+	of the defendant, if the court determines by a preponderance of the
	1474	+	evidence that the defendant has:
831	1475		(1) Violated a valid protection order;
832	1476		(2) previously violated a valid protection order; or
833	1477		(3) been convicted of a person felony or any conspiracy, criminal
834		-	solicitation or attempt thereof, under the laws of Kansas or the laws of
835		-	any other jurisdiction which are substantially similar to such person
836		-	felony, committed against the plaintiff or any member of the plaintiff's
837		-	household.
	1478	+	solicitation or attempt thereof, under the laws of Kansas or the laws of any
	1479	+	other jurisdiction which are substantially similar to such person felony,
	1480	+	committed against the plaintiff or any member of the plaintiff's household.
838	1481		No service fee shall be required for a motion filed pursuant to this
839	1482		subsection.
840		-	(e) The court may amend its order at any time upon motion filed
841		-	by either party.
842		-	(f) The court shall assess costs against the defendant and may
843		-	~~award~~ attorney fees to the victim in any case in which the court issues a
	1483	+	(e) The court may amend its order at any time upon motion filed by
	1484	+	either party.
	1485	+	(f) The court shall assess costs against the defendant and may award
	1486	+	attorney fees to the victim in any case in which the court issues a
844	1487		protection from stalking, sexual assault or human trafficking order
845		-	pursuant to this act. The court may award attorney fees to the defendant
846		-	in any case where the court finds that the petition to seek relief pursuant
847		-	to this act is without merit.
848		-	(g) A no contact or restraining provision in a protective order
849		-	~~issued~~ pursuant to this section shall not be construed to prevent:
	1488	+	pursuant to this act. The court may award attorney fees to the defendant in
	1489	+	any case where the court finds that the petition to seek relief pursuant to
	1490	+	this act is without merit.
	1491	+	(g) A no contact or restraining provision in a protective order issued
	1492	+	pursuant to this section shall not be construed to prevent:
850	1493		(1) Contact between the attorneys representing the parties;
851	1494		(2) a party from appearing at a scheduled court or administrative
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852	1538		hearing; or
853	1539		(3) a defendant or defendant's attorney from sending the plaintiff
854	1540		copies of any legal pleadings filed in court relating to civil or criminal
855	1541		matters presently relevant to the plaintiff.
856		-	(h) For the purposes of this section, "harassing" or "interfering
857		-	with the privacy rights" includes, but is not limited to, utilizing any
858		-	electronic tracking system or acquiring tracking information to
859		-	determine the targeted person's location, movement or travel patterns.
860		-	Sec. 9. K.S.A. 38-2243, 38-2244 and 38-2255 and K.S.A. 2022
861		-	Supp. 21-5427, 23-2224, 23-2707, 60-3107 and 60-31a06 are hereby
862		-	repealed. SENATE BILL No. 217—page 16
863		-	Sec. 10. This act shall take effect and be in force from and after its
	1542	+	(h) For the purposes of this section, "harassing" or "interfering with
	1543	+	the privacy" includes, but is not limited to, utilizing any electronic
	1544	+	tracking system or acquiring tracking information to determine the
	1545	+	targeted person's location, movement or travel patterns.
	1546	+	Sec. 8. K.S.A. 38-2243, 38-2244 and 38-2255 and K.S.A. 2022 Supp.
	1547	+	21-5427, 23-2707, 60-3107 and 60-31a06 are hereby repealed.
	1548	+	Sec. 9. This act shall take effect and be in force from and after its
864	1549		publication in the statute book.
865		-	I hereby certify that the above BILL originated in the
866		-	SENATE, and passed that body
867		-	__________________________
868		-	SENATE adopted
869		-	Conference Committee Report ________________
870		-	_________________________
871		-	President of the Senate.
872		-	_________________________
873		-	Secretary of the Senate.
874		-
875		-	Passed the HOUSE
876		-	as amended _________________________
877		-	HOUSE adopted
878		-	Conference Committee Report ________________
879		-	_________________________
880		-	Speaker of the House.
881		-	_________________________
882		-	Chief Clerk of the House.
883		-	APPROVED _____________________________
884		-	_________________________
885		-	Governor.
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