Kansas Senate Bill SB267

Kansas 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/17/23
• Failed: 4/30/24

Caption

Defining primary aggressor for domestic violence purposes and requiring law enforcement policies to direct that arrest is the preferred response only with respect to the primary aggressor.

Impact

The implications of SB 267 on current state laws include amending existing definitions and practices related to domestic violence within the Kansas criminal code and the protection from abuse act. The requirement for law enforcement agencies to adopt specific protocols will likely lead to a more nuanced approach in dealing with domestic violence cases, focusing on victim safety and proper adjudication. This could result in fewer wrongful arrests and a better understanding of the dynamics involved in domestic violence incidents.

Summary

Senate Bill 267 defines the 'primary aggressor' in domestic violence cases and mandates law enforcement agencies to adjust their response policies accordingly. The bill aims to ensure that when law enforcement responds to a domestic violence call, they identify the primary aggressor and prioritize arrest for that individual, rather than applying a blanket arrest policy for all parties involved. By establishing a clear definition of the primary aggressor, the bill seeks to improve the handling of complex domestic violence situations and enhance victim protection.

Contention

Notably, the bill has garnered mixed reactions among stakeholders. Proponents argue that defining the primary aggressor will provide clarity to law enforcement officers, enabling them to respond more effectively and compassionately. However, critics are concerned about how this definition might influence officers' decisions and whether it adequately protects all victims involved in a domestic violence incident. There is a fear that the emphasis on identifying a primary aggressor may lead to situations where legitimate victims do not receive appropriate protection or resources.