SENATE BILL No. 217
AN ACT concerning violations of personal rights; relating to the unlawful use of electronic
tracking systems or tracking information; relating to stalking; providing criminal
penalties for the conduct of utilizing any electronic tracking system or acquiring tracking
information to determine the targeted person's location, movement or travel patterns
when done as part of an unlawful course of conduct; authorizing orders to prohibit such
conduct under the Kansas family law code, the revised Kansas code for care of children,
the protection from abuse act and the protection from stalking, sexual assault or human
trafficking act; increasing the time of initial orders and possible extensions under the
protection from abuse and protection from stalking, sexual assault and human trafficking
acts; amending K.S.A. 38-2243, 38-2244 and 38-2255 and K.S.A. 2022 Supp. 21-5427,
23-2224, 23-2707, 60-3107 and 60-31a06 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 21-5427 is hereby amended to read as
follows: 21-5427. (a) Stalking is:
(1) Recklessly engaging in a course of conduct targeted at a specific
person which would cause a reasonable person in the circumstances of the
targeted person to fear for such person's safety, or the safety of a member
of such person's immediate family and the targeted person is actually
placed in such fear;
(2) engaging in a course of conduct targeted at a specific person with
knowledge that the course of conduct will place the targeted person in fear
for such person's safety or the safety of a member of such person's
immediate family;
(3) after being served with, or otherwise provided notice of, any
protective order included in K.S.A. 21-3843, prior to its repeal or K.S.A.
2022 Supp. 21-5924, and amendments thereto, that prohibits contact with
a targeted person, recklessly engaging in at least one act listed in
subsection (f)(1) that violates the provisions of the order and would cause
a reasonable person to fear for such person's safety, or the safety of a
member of such person's immediate family and the targeted person is
actually placed in such fear; or
(4) intentionally engaging in a course of conduct targeted at a
specific child under the age of 14 that would cause a reasonable person in
the circumstances of the targeted child, or a reasonable person in the
circumstances of an immediate family member of such child, to fear for
such child's safety.
(b) Stalking as defined in:
(1) Subsection (a)(1) is a:
(A) Class A person misdemeanor, except as provided in subsection
(b)(1)(B); and
(B) severity level 7, person felony upon a second or subsequent
conviction;
(2) subsection (a)(2) is a:
(A) Class A person misdemeanor, except as provided in subsection
(b)(2)(B); and
(B) severity level 5, person felony upon a second or subsequent
conviction;
(3) subsection (a)(3) is a:
(A) Severity level 9, person felony, except as provided in subsection
(b)(3)(B); and
(B) severity level 5, person felony, upon a second or subsequent
conviction; and
(4) subsection (a)(4) is a:
(A) Severity level 7, person felony, except as provided in subsection
(b)(4)(B); and
(B) severity level 4, person felony, upon a second or subsequent
conviction.
(c) For the purposes of this section, a person served with a protective
order as defined by K.S.A. 21-3843, prior to its repeal or K.S.A. 2022 SENATE BILL No. 217—page 2
Supp. 21-5924, and amendments thereto, or a person who engaged in
acts which would constitute stalking, after having been advised by a
law enforcement officer, that such person's actions were in violation of
this section, shall be presumed to have acted knowingly as to any like
future act targeted at the specific person or persons named in the order
or as advised by the officer.
(d) In a criminal proceeding under this section, a person claiming
an exemption, exception or exclusion has the burden of going forward
with evidence of the claim.
(e) The present incarceration of a person alleged to be violating
this section shall not be a bar to prosecution under this section.
(f) As used in this section:
(1) "Course of conduct" means two or more acts over a period of
time, however short, which evidence a continuity of purpose. A course
of conduct shall not include constitutionally protected activity nor
conduct that was necessary to accomplish a legitimate purpose
independent of making contact with the targeted person. A course of
conduct shall include, but not be limited to, any of the following acts or
a combination thereof:
(A) Threatening the safety of the targeted person or a member of
such person's immediate family;
(B) following, approaching or confronting the targeted person or a
member of such person's immediate family;
(C) appearing in close proximity to, or entering the targeted
person's residence, place of employment, school or other place where
such person can be found, or the residence, place of employment or
school of a member of such person's immediate family;
(D) causing damage to the targeted person's residence or property
or that of a member of such person's immediate family;
(E) placing an object on the targeted person's property or the
property of a member of such person's immediate family, either directly
or through a third person;
(F) causing injury to the targeted person's pet or a pet belonging to
a member of such person's immediate family;
(G) utilizing any electronic tracking system or acquiring tracking
information to determine the targeted person's location, movement or
travel patterns; and
(H) any act of communication;
(2) "communication" means to impart a message by any method
of transmission, including, but not limited to: Telephoning, personally
delivering, sending or having delivered, any information or material by
written or printed note or letter, package, mail, courier service or
electronic transmission, including electronic transmissions generated or
communicated via a computer;
(3) "computer" means a programmable, electronic device capable
of accepting and processing data;
(4) "conviction" includes being convicted of a violation of K.S.A.
21-3438, prior to its repeal, this section or a law of another state which
prohibits the acts that this section prohibits; and
(5) "immediate family" means:
(A) Father, mother, stepparent, child, stepchild, sibling, spouse or
grandparent of the targeted person;
(B) any person residing in the household of the targeted person; or
(C) any person involved in an intimate relationship with the
targeted person.
Sec. 2. K.S.A. 2022 Supp. 23-2224 is hereby amended to read as
follows: 23-2224. (a) The court, without requiring bond, may make and
enforce orders which that:
(1) Restrain the parties from molesting or interfering with the SENATE BILL No. 217—page 3
privacy or rights of each other, including, but not limited to, utilizing
any electronic tracking system or acquiring tracking information to
determine the other person's location, movement or travel patterns;
(2) confirm the existing de facto custody of the child subject to
further order of the court, if the court has jurisdiction under K.S.A.
2022 Supp. 23-37,101 et seq., and amendments thereto;
(3) appoint an expert to conduct genetic tests for determination of
paternity as provided in K.S.A. 2022 Supp. 23-2212, and amendments
thereto;
(4) order the mother and child and alleged father to contact the
court appointed expert and provide tissue samples for testing within 30
days after service of the order;
(5) order the payment of temporary child support pursuant to
subsection (c); or
(6) the court deems appropriate under the provisions of article 22
of chapter 23 of the Kansas Statutes Annotated, and amendments
thereto.
(b) (1) Interlocutory orders authorized by this section that relate to
genetic testing may be issued ex parte, if:
(A) The appointed expert is a paternity laboratory accredited by
the American association of blood banks; and
(B) the order does not require an adverse party to make advance
payment toward the cost of the test.
(2) If such ex parte orders are issued, and if an adverse party
requests modification thereof, the court will conduct a hearing within
10 days of such request.
(c) After notice and hearing, the court shall enter an order for child
support during the pendency of the action as provided in this
subsection. The order shall be entered if the pleadings and the motion
for temporary support, if separate from the pleadings, indicate there is
only one presumed father and if probable paternity by the presumed
father is indicated by clear and convincing evidence. For purposes of
this subsection, "clear and convincing evidence" may be presented in
any form, including, but not limited to, an uncontested allegation in the
pleadings, an uncontested affidavit or an agreement between the
parties. For purposes of this subsection, "clear and convincing
evidence" means:
(1) The presumed father does not deny paternity;
(2) the mother and the presumed father were married to each
other, regardless of whether the marriage was void or voidable, at any
time between 300 days before the child's birth and the child's birth;
(3) a voluntary acknowledgment of paternity was completed by
the mother and the presumed father more than 60 days before the
motion was filed and no request to revoke the voluntary
acknowledgment has been filed; or
(4) results of genetic tests show the probability of paternity by the
presumed father is equal to or greater than 97% and the report was
received more than 20 days before the motion was filed, unless written
notice of intent to challenge the validity of the report has been timely
given.
Sec. 3. K.S.A. 2022 Supp. 23-2707 is hereby amended to read as
follows: 23-2707. (a) Permissible orders. After the filing of a petition
for divorce, annulment or separate maintenance, and during the
pendency of the action until the entry of final judgment the judge
assigned to hear the action may, without requiring bond, make, modify,
vacate and enforce by attachment, orders which that:
(1) Jointly restrain the parties with regard to disposition of the
property of the parties and provide for the use, occupancy, management
and control of that property, including, but not limited to, utilizing any SENATE BILL No. 217—page 4
electronic tracking system or acquiring tracking information to
determine the other person's location, movement or travel patterns;
(2) restrain the parties from molesting or interfering with the
privacy or rights of each other, including, but not limited to, utilizing
any electronic tracking system or acquiring tracking information to
determine the other person's location, movement or travel patterns;
(3) provide for the legal custody and residency of and parenting
time with the minor children and the support, if necessary, of either
party and of the minor children during the pendency of the action;
(4) require mediation between the parties on issues, including, but
not limited to, child custody, residency, division of property, parenting
time and development of a parenting plan;
(5) make provisions, if necessary, for the expenses of the suit,
including reasonable attorney's fees, that will insure to either party
efficient preparation for the trial of the case;
(6) require an investigation by court service officers into any issue
arising in the action; or
(7) require that each parent execute any and all documents,
including any releases, necessary so that both parents may obtain
information from and to communicate with any health insurance
provider regarding the health insurance coverage provided by such
health insurance provider to the child. The provisions of this paragraph
shall apply irrespective of which parent owns, subscribes or pays for
such health insurance coverage.
(b) Ex parte orders. Orders authorized by subsections (a)(1), (2),
(3), (4) and (7) may be entered after ex parte hearing upon compliance
with rules of the supreme court, except that no ex parte order shall have
the effect of changing the residency of a minor child from the parent
who has had the sole de facto residency of the child to the other parent
unless there is sworn testimony to support a showing of extraordinary
circumstances. If an interlocutory order is issued ex parte, the court
shall hear a motion to vacate or modify the order within 14 days of the
date on which a party requests a hearing whether to vacate or modify
the order. In the absence, disability, or disqualification of the judge
assigned to hear the action, any other judge of the district court may
make any order authorized by this section, including vacation or
modification or any order issued by the judge assigned to hear the
action.
(c) Support orders. (1) An order of support obtained pursuant to
this section may be enforced by an order of garnishment as provided in
this section.
(2) No order of garnishment shall be issued under this section
unless: (A) Fourteen or more days have elapsed since the order of
support was served upon the party required to pay the support; and (B)
the order of support contained a notice that the order of support may be
enforced by garnishment and that the party has a right to request an
opportunity for a hearing to contest the issuance of an order of
garnishment, if the hearing is requested by motion filed within seven
days after service of the order of support upon the party. If a hearing is
requested, the court shall hold the hearing within seven days after the
motion requesting the hearing is filed with the court or at a later date
agreed to by the parties.
(3) No bond shall be required for the issuance of an order of
garnishment pursuant to this section. Except as provided in this section,
garnishments authorized by this section shall be subject to the
procedures and limitations applicable to other orders of garnishment
authorized by law.
(4) A party desiring to have the order of garnishment issued shall
file an affidavit with the clerk of the district court stating that: SENATE BILL No. 217—page 5
(A) The order of support contained the notice required by this
subsection;
(B) fourteen or more days have elapsed since the order of support
was served upon the party required to pay the support; and
(C) either no hearing was requested on the issuance of an order of
garnishment within the seven days after service of the order of support
upon the party required to pay the same or a hearing was requested and
held and the court did not prohibit the issuance of an order of
garnishment.
(d) If an interlocutory order for legal custody, residency or
parenting time is sought, the party seeking such order shall file a
proposed temporary parenting plan as provided by K.S.A. 2022 Supp.
23-3211, and amendments thereto, at the time such order is sought. If
any motion is filed to modify any such interlocutory orders, or in
opposition to a request for issuance of interlocutory orders, that party
shall attach to such motion or opposition a proposed alternative
parenting plan.
(e) Service of process. Service of process served under subsection
(a)(1) and (2) shall be by personal service and not by certified mail
return receipt requested.
Sec. 4. K.S.A. 38-2243 is hereby amended to read as follows: 38-
2243. (a) Upon notice and hearing, the court may issue an order
directing who shall have temporary custody and may modify the order
during the pendency of the proceedings as will best serve the child's
welfare.
(b) A hearing pursuant to this section shall be held within 72
hours, excluding Saturdays, Sundays, legal holidays, and days on
which the office of the clerk of the court is not accessible, following a
child having been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is
required, the court shall immediately set the time and place for the
hearing. Notice of a temporary custody hearing shall be given to all
parties and interested parties.
(d) Notice of the temporary custody hearing shall be given at least
24 hours prior to the hearing. The court may continue the hearing to
afford the 24 hours prior notice or, with the consent of the party or
interested party, proceed with the hearing at the designated time. If an
order of temporary custody is entered and the parent or other person
having custody of the child has not been notified of the hearing, did not
appear or waive appearance and requests a rehearing, the court shall
rehear the matter without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary
custody hearing where there is insufficient time to give written notice.
Oral notice is completed upon filing a certificate of oral notice.
(f) The court may enter an order of temporary custody after
determining there is probable cause to believe that the:
(1) Child is dangerous to self or to others;
(2) child is not likely to be available within the jurisdiction of the
court for future proceedings;
(3) health or welfare of the child may be endangered without
further care;
(4) child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and
amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A. 2022 Supp. 21-6422, and amendments thereto;
(5) child is experiencing a mental health crisis and is in need of
treatment; or
(6) child committed an act which, if committed by an adult, would
constitute a violation of K.S.A. 2022 Supp. 21-6419, and amendments SENATE BILL No. 217—page 6
thereto.
(g) (1) Whenever the court determines the necessity for an order
of temporary custody the court may place the child in the temporary
custody of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (h);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of
law, if the child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and
amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A. 2022 Supp. 21-6422, and amendments thereto, or the
child committed an act which, if committed by an adult, would
constitute a violation of K.S.A. 2022 Supp. 21-6419, and amendments
thereto;
(F) after written authorization by a community mental health
center, a juvenile crisis intervention center, as described in K.S.A. 65-
536, and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16
or 17 years of age if the child has no identifiable parental or family
resources or shows signs of physical, mental, emotional or sexual
abuse.
(2) If the secretary presents the court with a plan to provide
services to a child or family which the court finds will assure the safety
of the child, the court may only place the child in the temporary
custody of the secretary until the court finds the services are in place.
The court shall have the authority to require any person or entity
agreeing to participate in the plan to perform as set out in the plan.
When the child is placed in the temporary custody of the secretary, the
secretary shall have the discretionary authority to place the child with a
parent or to make other suitable placement for the child. When the child
is placed in the temporary custody of the secretary and the child has
been subjected to human trafficking or aggravated human trafficking,
as defined by K.S.A. 2022 Supp. 21-5426, and amendments thereto, or
commercial sexual exploitation of a child, as defined by K.S.A. 2022
Supp. 21-6422, and amendments thereto, or the child committed an act
which, if committed by an adult, would constitute a violation of K.S.A.
2022 Supp. 21-6419, and amendments thereto, the secretary shall have
the discretionary authority to place the child in a staff secure facility,
notwithstanding any other provision of law. When the child is presently
alleged, but not yet adjudicated to be a child in need of care solely
pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto,
the child may be placed in a secure facility, but the total amount of time
that the child may be held in such facility under this section and K.S.A.
38-2242, and amendments thereto, shall not exceed 24 hours, excluding
Saturdays, Sundays, legal holidays, and days on which the office of the
clerk of the court is not accessible. The order of temporary custody
shall remain in effect until modified or rescinded by the court or an
adjudication order is entered but not exceeding 60 days, unless good
cause is shown and stated on the record.
(h) If the court issues an order of temporary custody, the court
may also enter an order restraining any alleged perpetrator of physical,
sexual, mental or emotional abuse of the child from residing in the
child's home; visiting, contacting, harassing or intimidating the child;
or attempting to visit, contact, harass or intimidate the child, other SENATE BILL No. 217—page 7
family members or witnesses. Such restraining order shall be served by
personal service pursuant to K.S.A. 38-2237(a), and amendments
thereto, on any alleged perpetrator to whom the order is directed.
(i) (1) The court shall not enter the initial order removing a child
from the custody of a parent pursuant to this section unless the court
first finds probable cause that: (A) (i) The child is likely to sustain harm
if not immediately removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare
of the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit
and prevent the unnecessary removal of the child from the child's home
or that an emergency exists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the
court. If the child is placed in the custody of the secretary, upon making
the order the court shall provide the secretary with a written copy.
(j) If the court enters an order of temporary custody that provides
for placement of the child with a person other than the parent, the court
shall make a child support determination pursuant to K.S.A. 38-2277,
and amendments thereto.
(k) For the purposes of this section, "harassing or intimidating"
and "harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the targeted person's location, movement or travel patterns.
Sec. 5. K.S.A. 38-2244 is hereby amended to read as follows: 38-
2244. (a) At any time after filing a petition, but prior to an adjudication,
the court may enter an order for continuance and informal supervision
without an adjudication if no party objects. Upon granting the
continuance, the court shall include in the order any conditions with
which the parties and interested parties are expected to comply and
provide the parties and interested parties with a copy of the order. The
conditions may include appropriate dispositional alternatives
authorized by K.S.A. 38-2255, and amendments thereto.
(b) An order for informal supervision may remain in force for a
period of up to six months and may be extended, upon hearing, for an
additional six-month period for a total of one year. For a child under an
order for informal supervision who remains in the custody of such
child's parent, such one-year period may be extended if no party
objects, upon hearing, for up to an additional one year, with reviews by
the court occurring at least every six months.
(c) The court after notice and hearing may revoke or modify the
order with respect to a party or interested party upon a showing that the
party or interested party, being subject to the order for informal
supervision, has substantially failed to comply with the terms of the
order, or that modification would be in the best interests of the child.
Upon revocation, proceedings shall resume pursuant to this code.
(d) Persons subject to the order for informal supervision who
successfully complete the terms and period of supervision shall not
again be proceeded against in any court based solely upon the
allegations in the original petition and the proceedings shall be
dismissed.
(e) If the court issues an order for informal supervision pursuant to
this section, the court may also enter an order restraining any alleged
perpetrator of physical, mental or emotional abuse or sexual abuse of
the child from residing in the child's home, visiting, contacting,
harassing or intimidating the child, other family member or witness; or
attempting to visit, contact, harass or intimidate the child, other family
member or witness. The restraining order shall be served by personal SENATE BILL No. 217—page 8
service pursuant to subsection (a) of K.S.A. 38-2237, and amendments
thereto, on any alleged perpetrator to whom the order is directed.
(f) Lack of service on a parent shall not preclude an informal
supervision under the provisions of this section. If an order of informal
supervision is entered which effects change in custody, any parent not
served pursuant to K.S.A. 38-2237, and amendments thereto, who has
not consented to the informal supervision, may request reconsideration
of the order of informal supervision. The court shall hear the request
without unnecessary delay. If the informal supervision order effects a
change in custody, efforts to accomplish service pursuant to K.S.A. 38-
2237, and amendments thereto, shall continue.
(g) For the purposes of this section, "harassing or intimidating"
and "harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the targeted person's location, movement or travel patterns.
Sec. 6. K.S.A. 38-2255 is hereby amended to read as follows: 38-
2255. (a) Considerations. Prior to entering an order of disposition, the
court shall give consideration to:
(1) The child's physical, mental and emotional condition;
(2) the child's need for assistance;
(3) the manner in which the parent participated in the abuse,
neglect or abandonment of the child;
(4) any relevant information from the intake and assessment
process; and
(5) the evidence received at the dispositional hearing.
(b) Custody with a parent. The court may place the child in the
custody of either of the child's parents subject to terms and conditions
which the court prescribes to assure the proper care and protection of
the child, including, but not limited to:
(1) Supervision of the child and the parent by a court services
officer;
(2) participation by the child and the parent in available programs
operated by an appropriate individual or agency; and
(3) any special treatment or care which the child needs for the
child's physical, mental or emotional health and safety.
(c) Removal of a child from custody of a parent. The court shall
not enter the initial order removing a child from the custody of a parent
pursuant to this section unless the court first finds probable cause that:
(1) (A) The child is likely to sustain harm if not immediately removed
from the home;
(B) allowing the child to remain in home is contrary to the welfare
of the child; or
(C) immediate placement of the child is in the best interest of the
child; and
(2) reasonable efforts have been made to maintain the family unit
and prevent the unnecessary removal of the child from the child's home
or that an emergency exists which threatens the safety to the child.
The court shall not enter an order removing a child from the custody
of a parent pursuant to this section based solely on the finding that the
parent is homeless.
(d) Custody of a child removed from the custody of a parent. If the
court has made the findings required by subsection (c), the court shall
enter an order awarding custody to: A relative of the child or to a
person with whom the child has close emotional ties who shall not be
required to be licensed under article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto; any other suitable person;
a shelter facility; a youth residential facility; a staff secure facility,
notwithstanding any other provision of law, if the child has been
subjected to human trafficking or aggravated human trafficking, as SENATE BILL No. 217—page 9
defined by K.S.A. 2022 Supp. 21-5426, and amendments thereto, or
commercial sexual exploitation of a child, as defined by K.S.A. 2022
Supp. 21-6422, and amendments thereto, or the child committed an act
which, if committed by an adult, would constitute a violation of K.S.A.
2022 Supp. 21-6419, and amendments thereto; or, if the child is 15
years of age or younger, or 16 or 17 years of age if the child has no
identifiable parental or family resources or shows signs of physical,
mental, emotional or sexual abuse, to the secretary. Custody awarded
under this subsection shall continue until further order of the court.
(1) When custody is awarded to the secretary, the secretary shall
consider any placement recommendation by the court and notify the
court of the placement or proposed placement of the child within 10
days of the order awarding custody. After providing the parties or
interested parties notice and opportunity to be heard, the court may
determine whether the secretary's placement or proposed placement is
contrary to the welfare or in the best interests of the child. In making
that determination the court shall consider the health and safety needs
of the child and the resources available to meet the needs of children in
the custody of the secretary. If the court determines that the placement
or proposed placement is contrary to the welfare or not in the best
interests of the child, the court shall notify the secretary, who shall then
make an alternative placement.
(2) The custodian designated under this subsection shall notify the
court in writing at least 10 days prior to any planned placement with a
parent. The written notice shall state the basis for the custodian's belief
that placement with a parent is no longer contrary to the welfare or best
interest of the child. Upon reviewing the notice, the court may allow
the custodian to proceed with the planned placement or may set the
date for a hearing to determine if the child shall be allowed to return
home. If the court sets a hearing on the matter, the custodian shall not
return the child home without written consent of the court.
(3) The court may grant any person reasonable rights to visit the
child upon motion of the person and a finding that the visitation rights
would be in the best interests of the child.
(4) The court may enter an order restraining any alleged
perpetrator of physical, mental or emotional abuse or sexual abuse of
the child from: Residing in the child's home; visiting, contacting,
harassing or intimidating the child, other family member or witness; or
attempting to visit, contact, harass or intimidate the child, other family
member or witness. Such restraining order shall be served by personal
service pursuant to K.S.A. 38-2237(a), and amendments thereto, on any
alleged perpetrator to whom the order is directed.
(5) The court shall provide a copy of any orders entered within 10
days of entering the order to the custodian designated under this
subsection.
(e) Further determinations regarding a child removed from the
home. If custody has been awarded under subsection (d) to a person
other than a parent, a permanency plan shall be provided or prepared
pursuant to K.S.A. 38-2264, and amendments thereto. If a permanency
plan is provided at the dispositional hearing, the court may determine
whether reintegration is a viable alternative or, if reintegration is not a
viable alternative, whether the child should be placed for adoption or a
permanent custodian appointed. In determining whether reintegration is
a viable alternative, the court shall consider:
(1) Whether a parent has been found by a court to have committed
one of the following crimes or to have violated the law of another state
prohibiting such crimes or to have aided and abetted, attempted,
conspired or solicited the commission of one of these crimes: (A)
Murder in the first degree, K.S.A. 21-3401, prior to its repeal, or SENATE BILL No. 217—page 10
K.S.A. 2022 Supp. 21-5402, and amendments thereto; (B) murder in
the second degree, K.S.A. 21-3402, prior to its repeal, or K.S.A. 2022
Supp. 21-5403, and amendments thereto; (C) capital murder, K.S.A.
21-3439, prior to its repeal, or K.S.A. 2022 Supp. 21-5401, and
amendments thereto; (D) voluntary manslaughter, K.S.A. 21-3403,
prior to its repeal, or K.S.A. 2022 Supp. 21-5404, and amendments
thereto; or (E) a felony battery that resulted in bodily injury;
(2) whether a parent has subjected the child or another child to
aggravated circumstances;
(3) whether a parent has previously been found to be an unfit
parent in proceedings under this code or in comparable proceedings
under the laws of another state or the federal government;
(4) whether the child has been in the custody of the secretary and
placed with neither parent for 15 of the most recent 22 months
beginning 60 days after the date on which a child in the secretary's
custody was removed from the child's home;
(5) whether the parents have failed to work diligently toward
reintegration;
(6) whether the secretary has provided the family with services
necessary for the safe return of the child to the home; and
(7) whether it is reasonable to expect reintegration to occur within
a time frame consistent with the child's developmental needs.
(f) Proceedings if reintegration is not a viable alternative. If the
court determines that reintegration is not a viable alternative,
proceedings to terminate parental rights and permit placement of the
child for adoption or appointment of a permanent custodian shall be
initiated unless the court finds that compelling reasons have been
documented in the case plan why adoption or appointment of a
permanent custodian would not be in the best interests of the child. If
compelling reasons have not been documented, the county or district
attorney shall file a motion within 30 days to terminate parental rights
or a motion to appoint a permanent custodian within 30 days and the
court shall hold a hearing on the motion within 90 days of its filing. No
hearing is required when the parents voluntarily relinquish parental
rights or consent to the appointment of a permanent custodian.
(g) Additional Orders. In addition to or in lieu of any other order
authorized by this section:
(1) The court may order the child and the parents of any child who
has been adjudicated a child in need of care to attend counseling
sessions as the court directs. The expense of the counseling may be
assessed as an expense in the case. No mental health provider shall
charge a greater fee for court-ordered counseling than the provider
would have charged to the person receiving counseling if the person
had requested counseling on the person's own initiative.
(2) If the court has reason to believe that a child is before the court
due, in whole or in part, to the use or misuse of alcohol or a violation of
K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto,
by the child, a parent of the child, or another person responsible for the
care of the child, the court may order the child, parent of the child or
other person responsible for the care of the child to submit to and
complete an alcohol and drug evaluation by a qualified person or
agency and comply with any recommendations. If the evaluation is
performed by a community-based alcohol and drug safety program
certified pursuant to K.S.A. 8-1008, and amendments thereto, the child,
parent of the child or other person responsible for the care of the child
shall pay a fee not to exceed the fee established by that statute. If the
court finds that the child and those legally liable for the child's support
are indigent, the fee may be waived. In no event shall the fee be
assessed against the secretary. SENATE BILL No. 217—page 11
(3) If child support has been requested and the parent or parents
have a duty to support the child, the court may order one or both
parents to pay child support and, when custody is awarded to the
secretary, the court shall order one or both parents to pay child support.
The court shall determine, for each parent separately, whether the
parent is already subject to an order to pay support for the child. If the
parent is not presently ordered to pay support for any child who is
subject to the jurisdiction of the court and the court has personal
jurisdiction over the parent, the court shall order the parent to pay child
support in an amount determined under K.S.A. 38-2277, and
amendments thereto. Except for good cause shown, the court shall issue
an immediate income withholding order pursuant to K.S.A. 2022 Supp.
23-3101 et seq., and amendments thereto, for each parent ordered to
pay support under this subsection, regardless of whether a payor has
been identified for the parent. A parent ordered to pay child support
under this subsection shall be notified, at the hearing or otherwise, that
the child support order may be registered pursuant to K.S.A. 38-2279,
and amendments thereto. The parent shall also be informed that, after
registration, the income withholding order may be served on the
parent's employer without further notice to the parent and the child
support order may be enforced by any method allowed by law. Failure
to provide this notice shall not affect the validity of the child support
order.
(h) For the purposes of this section, "harassing or intimidating"
and "harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the targeted person's location, movement or travel patterns.
Sec. 7. K.S.A. 2022 Supp. 60-3107 is hereby amended to read as
follows: 60-3107. (a) The court may approve any consent agreement to
bring about a cessation of abuse of the plaintiff or minor children or
grant any of the following orders:
(1) Restraining the defendant from abusing, molesting or
interfering with the privacy or rights of the plaintiff or of any minor
children of the parties, including, but not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the other person's location, movement or travel patterns.
Such order shall contain a statement that if such order is violated, such
violation may constitute assault as defined in subsection (a) of K.S.A.
2022 Supp. 21-5412(a), and amendments thereto, battery as defined in
subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and amendments
thereto, domestic battery as defined in K.S.A. 2022 Supp. 21-5414, and
amendments thereto, and violation of a protective order as defined in
K.S.A. 2022 Supp. 21-5924, and amendments thereto.
(2) Granting possession of the residence or household to the
plaintiff to the exclusion of the defendant, and further restraining the
defendant from entering or remaining upon or in such residence or
household, subject to the limitation of subsection (d). Such order shall
contain a statement that if such order is violated, such violation shall
constitute criminal trespass as defined in subsection (a)(1)(C) of K.S.A.
2022 Supp. 21-5808(a)(1)(C), and amendments thereto, and violation
of a protective order as defined in K.S.A. 2022 Supp. 21-5924, and
amendments thereto. The court may grant an order, which shall expire
60 days following the date of issuance, restraining the defendant from
cancelling utility service to the residence or household.
(3) Requiring defendant to provide suitable, alternate housing for
the plaintiff and any minor children of the parties.
(4) Awarding temporary custody and residency and establishing
temporary parenting time with regard to minor children.
(5) Ordering a law enforcement officer to evict the defendant from SENATE BILL No. 217—page 12
the residence or household.
(6) Ordering support payments by a party for the support of a
party's minor child, if the party is the father or mother of the child, or
the plaintiff, if the plaintiff is married to the defendant. Such support
orders shall remain in effect until modified or dismissed by the court or
until expiration and shall be for a fixed period of time not to exceed one
year. On the motion of the plaintiff, the court may extend the effect of
such order for 12 months.
(7) Awarding costs and attorney fees to either party.
(8) Making provision for the possession of personal property of
the parties and ordering a law enforcement officer to assist in securing
possession of that property, if necessary.
(9) Requiring any person against whom an order is issued to seek
counseling to aid in the cessation of abuse.
(10) Ordering or restraining any other acts deemed necessary to
promote the safety of the plaintiff or of any minor children of the
parties.
(b) No protection from abuse order shall be entered against the
plaintiff unless:
(1) The defendant properly files a written cross or counter petition
seeking such a protection order;
(2) the plaintiff had reasonable notice of the written cross or
counter petition by personal service as provided in subsection (d) of
K.S.A. 60-3104(d), and amendments thereto; and
(3) the issuing court made specific findings of abuse against both
the plaintiff and the defendant and determined that both parties acted
primarily as aggressors and neither party acted primarily in self-
defense.
(c) Any order entered under the protection from abuse act shall not
be subject to modification on ex parte application or on motion for
temporary orders in any action filed pursuant to K.S.A. 60-1601 et seq.,
prior to their transfer or repeal, or article 22 or 27 of chapter 23 of the
Kansas Statutes Annotated, and amendments thereto, or K.S.A. 38-
1101 et seq., and amendments thereto. Orders previously issued in an
action filed pursuant to K.S.A. 60-1601 et seq., prior to their transfer or
repeal, or article 22 or 27 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 38-1101 et seq., and
amendments thereto, shall be subject to modification under the
protection from abuse act only as to those matters subject to
modification by the terms of K.S.A. 2022 Supp. 23-3201 through 23-
3207 and 23-3218 and article 27 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, and on sworn testimony to
support a showing of good cause. Immediate and present danger of
abuse to the plaintiff or minor children shall constitute good cause. If
an action is filed pursuant to K.S.A. 2022 Supp. 23-3201 through 23-
3207 or 23-3218 or article 22 or 27 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, during the pendency of a
proceeding filed under the protection from abuse act or while an order
issued under the protection from abuse act is in effect, the court, on
final hearing or on agreement of the parties, may issue final orders
authorized by K.S.A. 2022 Supp. 23-3201 through 23-3207 and 23-
3218 and articles 22 and 27 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, that are inconsistent with orders
entered under the protection from abuse act. Any inconsistent order
entered pursuant to this subsection shall be specific in its terms,
reference the protection from abuse order and parts thereof being
modified and a copy thereof shall be filed in both actions. The court
shall consider whether the actions should be consolidated in accordance
with K.S.A. 60-242, and amendments thereto. Any custody or parenting SENATE BILL No. 217—page 13
time order, or order relating to the best interests of a child, issued
pursuant to the revised Kansas code for care of children or the revised
Kansas juvenile justice code, shall be binding and shall take precedence
over any such custody or parenting order involving the same child
issued under the protection from abuse act, until jurisdiction under the
revised Kansas code for care of children or the revised Kansas juvenile
justice code is terminated. Any inconsistent custody or parenting order
issued in the revised Kansas code for care of children case or the
revised Kansas juvenile justice code case shall be specific in its terms,
reference any preexisting protection from abuse order and the custody
being modified, and a copy of such order shall be filed in the
preexisting protection from abuse case.
(d) If the parties to an action under the protection from abuse act
are not married to each other and one party owns the residence or
household, the court shall not have the authority to grant possession of
the residence or household under subsection (a)(2) to the exclusion of
the party who owns it.
(e) Subject to the provisions of subsections (b), (c) and (d), a
protective order or approved consent agreement shall remain in effect
until modified or dismissed by the court and shall be for a fixed period
of time not to exceed one year less than one year and not more than
two years, except as provided in subsection subsections (e)(1) and (e)
(2).
(1) Upon motion of the plaintiff, such period may be extended for
one an additional year period of not less than one year and not more
than three years.
(2) Upon verified motion of the plaintiff and after the defendant
has been personally served with a copy of the motion and has had an
opportunity to present evidence and cross-examine witnesses at a
hearing on the motion, the court shall extend a protective order for not
less than one additional year and may extend the protective order up to
the lifetime of the defendant if the court determines by a preponderance
of the evidence that the defendant has: (A) Violated a valid protection
order or (A) has; (B) previously violated a valid protection order,; or
(B) has (C) been convicted of a person felony or any conspiracy,
criminal solicitation or attempt thereof, under the laws of Kansas or the
laws of any other jurisdiction which are substantially similar to such
person felony, committed against the plaintiff or any member of the
plaintiff's household, the court shall extend a protective order for not
less than two additional years and may extend the protective order up to
the lifetime of the defendant. No service fee shall be required for a
motion filed pursuant to this subsection.
(f) The court may amend its order or agreement at any time upon
motion filed by either party.
(g) No order or agreement under the protection from abuse act
shall in any manner affect title to any real property.
(h) If a person enters or remains on premises or property violating
an order issued pursuant to subsection (a)(2), such violation shall
constitute criminal trespass as defined in subsection (a)(1)(C) of K.S.A.
2022 Supp. 21-5808(a)(1)(C), and amendments thereto, and violation
of a protective order as defined in K.S.A. 2022 Supp. 21-5924, and
amendments thereto. If a person abuses, molests or interferes with the
privacy or rights of another violating an order issued pursuant to
subsection (a)(1), such violation may constitute assault as defined in
subsection (a) of K.S.A. 2022 Supp. 21-5412(a), and amendments
thereto, battery as defined in subsection (a) of K.S.A. 2022 Supp. 21-
5413(a), and amendments thereto, domestic battery as defined in
K.S.A. 2022 Supp. 21-5414, and amendments thereto, and violation of
a protective order as defined in K.S.A. 2022 Supp. 21-5924, and SENATE BILL No. 217—page 14
amendments thereto.
Sec. 8. K.S.A. 2022 Supp. 60-31a06 is hereby amended to read as
follows: 60-31a06. (a) The court may issue a protection from stalking,
sexual assault or human trafficking order granting any one or more of
the following orders:
(1) Restraining the defendant from following, harassing,
telephoning, contacting or otherwise communicating with the victim.
The order shall contain a statement that, if the order is violated, the
violation may constitute stalking as defined in K.S.A. 2022 Supp. 21-
5427, and amendments thereto, and violation of a protective order as
defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
(2) Restraining the defendant from abusing, molesting or
interfering with the privacy rights of the victim. The order shall contain
a statement that, if the order is violated, the violation may constitute
stalking as defined in K.S.A. 2022 Supp. 21-5427, and amendments
thereto, assault as defined in K.S.A. 2022 Supp. 21-5412(a), and
amendments thereto, battery as defined in K.S.A. 2022 Supp. 21-
5413(a), and amendments thereto, and violation of a protective order as
defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
(3) Restraining the defendant from entering upon or in the victim's
residence or the immediate vicinity thereof. The order shall contain a
statement that, if the order is violated, the violation shall constitute
criminal trespass as defined in K.S.A. 2022 Supp. 21-5808(a)(1)(C),
and amendments thereto, and violation of a protective order as defined
in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
(4) Restraining the defendant from committing or attempting to
commit a sexual assault upon the victim. The order shall contain a
statement that, if the order is violated, the violation shall constitute
violation of a protective order as defined in K.S.A. 2022 Supp. 21-
5924, and amendments thereto. The order shall also contain a statement
that, if the order is violated, the violation may constitute a sex offense
under article 55 of chapter 21 of the Kansas Statutes Annotated, and
amendments thereto, and the accused may be prosecuted, convicted of
and punished for such sex offense.
(5) Restraining the defendant from following, harassing,
telephoning, contacting, recruiting, harboring, transporting, or
committing or attempting to commit human trafficking upon the human
trafficking victim, or otherwise communicating with the human
trafficking victim. The order shall contain a statement that, if the order
is violated, the violation shall constitute violation of a protective order
as defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
The order shall also contain a statement that, if the order is violated, the
violation may constitute an offense under chapter 21 of the Kansas
Statutes Annotated, and amendments thereto, and the accused may be
prosecuted, convicted of and punished for such offense.
(6) Any other order deemed necessary by the court to carry out the
provisions of this act.
(b) A protection from stalking, sexual abuse assault or human
trafficking order shall remain in effect until modified or dismissed by
the court and shall be for a fixed period of time not to exceed one year
less than one year and not more than two years, except as provided in
subsections (c) and (d).
(c) Upon motion of the plaintiff the court may extend the order for
an additional year period of not less than one year and not more than
three years.
(d) Upon verified motion of the plaintiff and after the defendant
has been personally served with a copy of the motion and has had an
opportunity to present evidence and cross-examine witnesses at a
hearing on the motion, the court shall extend a protective order for not SENATE BILL No. 217—page 15
less than two additional years and up to a period of time not to exceed
the lifetime of the defendant, if the court determines by a
preponderance of the evidence that the defendant has:
(1) Violated a valid protection order;
(2) previously violated a valid protection order; or
(3) been convicted of a person felony or any conspiracy, criminal
solicitation or attempt thereof, under the laws of Kansas or the laws of
any other jurisdiction which are substantially similar to such person
felony, committed against the plaintiff or any member of the plaintiff's
household.
No service fee shall be required for a motion filed pursuant to this
subsection.
(e) The court may amend its order at any time upon motion filed
by either party.
(f) The court shall assess costs against the defendant and may
award attorney fees to the victim in any case in which the court issues a
protection from stalking, sexual assault or human trafficking order
pursuant to this act. The court may award attorney fees to the defendant
in any case where the court finds that the petition to seek relief pursuant
to this act is without merit.
(g) A no contact or restraining provision in a protective order
issued pursuant to this section shall not be construed to prevent:
(1) Contact between the attorneys representing the parties;
(2) a party from appearing at a scheduled court or administrative
hearing; or
(3) a defendant or defendant's attorney from sending the plaintiff
copies of any legal pleadings filed in court relating to civil or criminal
matters presently relevant to the plaintiff.
(h) For the purposes of this section, "harassing" or "interfering
with the privacy rights" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the targeted person's location, movement or travel patterns.
Sec. 9. K.S.A. 38-2243, 38-2244 and 38-2255 and K.S.A. 2022
Supp. 21-5427, 23-2224, 23-2707, 60-3107 and 60-31a06 are hereby
repealed. SENATE BILL No. 217—page 16
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.