An Act concerning protection from abuse; amending K.S.A. 22-2307, 22-2308, 60-3103, 60-3104, 60-3105 and 60-3107 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. On and after January 1, 1997, all prosecuting attor- neys, as defined in K.S.A. 22-2202, and amendments thereto, if such prosecuting attorney prosecutes crimes relating to domestic violence, shall adopt and put into effect written policies regarding the prosecution of crimes related to domestic violence. Such written policies shall include, but not be limited to, the effective prosecution of such crimes and the protection and safety of victims and such victim's children from domestic violence.

New Sec. 2. (a) Violation of a protective order is knowingly or inten- tionally violating:

(1) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 and 60-3107, and amendments thereto;

(2) a protective order issued by a court of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. 2265, and amendments thereto;

(3) a restraining order issued pursuant to K.S.A. 38-1542, 38-1543, 38-1563 and 60-1607, and amendments thereto;

(4) an order issued as a condition of pretrial release, diversion, pro- bation, suspended sentence or postrelease supervision that orders the person to refrain from having any direct or indirect contact with another person; or

(5) an order issued as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person.

(b) As used in this section, ``order'' includes any order issued by a municipal or district court.

(c) Violation of a protective order is a class A person misdemeanor.

(d) This section shall be part of and supplemental to the Kansas crim- inal code.

Sec. 3. K.S.A. 22-2307 is hereby amended to read as follows: 22- 2307. On and after January 1, 1992: (a) All law enforcement agencies in this state shall adopt written policies regarding domestic violence calls as provided in subsection (b). These policies shall be made available to all officers of such agency.

(b) Such written policies shall include, but not be limited to, the fol- lowing:

(1) A statement directing that the officers shall make an arrest when they have probable cause to believe that a crime is being committed or has been committed. This statement shall include K.S.A. 22-2401 and amendments thereto, which allows an officer to make an arrest;

(2) a statement defining domestic violence;

(3) a statement describing the dispatchers' responsibilities;

(4) a statement describing the responding officers' responsibilities and procedures to follow when responding to a domestic violence call and the suspect is at the scene;

(5) a statement regarding procedures when the suspect has left the scene of the crime;

(6) procedures for both misdemeanor and felony cases;

(7) procedures for law enforcement officers to follow when handling domestic violence calls involving court orders, including protection from abuse orders and, restraining orders and a protective order issued by a court of any state or Indian tribe;

(8) a statement that the law enforcement agency shall provide the following information to victims, in writing:

(A) Availability of emergency and medical telephone numbers, if needed;

(B) the law enforcement agency's report number;

(C) the address and telephone number of the prosecutor's office the victim should contact to obtain information about victims' rights pursuant to K.S.A. 74-7333 and 74-7335 and amendments thereto;

(D) the name and address of the crime victims' compensation board and information about possible compensation benefits;

(E) advise the victim that the details of the crime may be made pub- lic;

(F) advise the victim of such victims' rights under K.S.A. 74-7333 and 74-7335 and amendments thereto; and

(G) advise the victim of known available resources which may assist the victim; and

(9) whether an arrest is made or not, a standard offense report shall be completed on all such incidents and sent to the Kansas bureau of investigation.

Sec. 4. K.S.A. 22-2308 is hereby amended to read as follows: 22- 2308. No law enforcement agency or employee of such agency acting within the scope of employment shall be liable for damages resulting from the adoption or enforcement of any policy adopted under this act, in- cluding, but not limited to, the policy and procedure for law enforcement officers to follow when handling a protective order issued by a court of any state or Indian tribe, unless a duty of care, independent of such policy, is owed to the specific individual injured.

Sec. 5. K.S.A. 60-3103 is hereby amended to read as follows: 60- 3103. The Any district court shall have jurisdiction over all proceedings under this the protection from abuse act. The right of a person to obtain relief under this the protection from abuse act shall not be affected by the person's leaving the residence or household to avoid further abuse.

Sec. 6. K.S.A. 60-3104 is hereby amended to read as follows: 60- 3104. (a) A person may seek relief under this the protection from abuse act or any parent of or adult residing with a minor child may seek relief under this act on behalf of the minor child by filing a verified petition with any district judge of the judicial district or with the clerk of the court, alleging abuse by another with whom the person or child resides or for- merly resided. No docket fee or fee for service of summons and petition shall be required for proceedings under this act.

(b) A parent of or an adult residing with a minor child may seek relief under the protection from abuse act on behalf of the minor child by filing a verified petition with any district judge or with the clerk of the court alleging abuse by another with whom the child resides or formerly re- sided.

(b) (c) The clerk of the court shall supply the forms for the petition and orders, which shall be prescribed by the supreme court.

(c) (d) Service of process served under this section shall be by per- sonal service and not by certified mail return receipt requested. No docket fee shall be required for proceedings under the protection from abuse act.

Sec. 7. K.S.A. 60-3105 is hereby amended to read as follows: 60- 3105. (a) When the court is unavailable, a verified petition, accompanied by a proposed order, may be presented to any district judge of the judicial district. The judge may grant relief in accordance with subsection (a)(1), (2), (4) or (5) of K.S.A. 60-3107 and amendments thereto, or any com- bination thereof, if the judge deems it necessary to protect the plaintiff or minor child or children from abuse. An emergency order pursuant to this subsection may be granted ex parte. Immediate and present danger of abuse to the plaintiff or minor child or children shall constitute good cause for the entry of the emergency order.

(b) An emergency order issued under subsection (a) shall expire when the court is available or within 72 hours, whichever occurs first. At that time, the plaintiff may seek a temporary order from the court.

(c) The judge shall note on the petition and any order granted, in- cluding any documentation in support thereof, the filing date, together with the judge's signature, and shall deliver them to the clerk of the court on the next day of the resumption of business of the court.

Sec. 8. K.S.A. 60-3107 is hereby amended to read as follows: 60- 3107. (a) The court shall be empowered to approve any consent agree- ment to bring about a cessation of abuse of the plaintiff or minor children or grant any of the following orders:

(1) Restraining the parties from abusing, molesting or interfering with the privacy or rights of each other or of any minor children of the parties. Such order shall contain a statement that if such order is violated, such violation may constitute assault as provided in K.S.A. 21-3408, and amendments thereto, or battery as provided in K.S.A. 21-3412, and amendments thereto, and violation of a protective order as provided in section 2, and amendments thereto.

(2) Granting possession of the residence or household to a party to the exclusion of the other party, and further restraining the party not granted possession from entering or remaining upon or in such residence or household, subject to the limitation of subsection (c). Such order shall contain a statement that if such order is violated, such violation shall constitute criminal trespass as provided in subsection (c) of K.S.A. 21- 3721, and amendments thereto, and violation of a protective order as provided in section 2, and amendments thereto.

(3) Requiring a party to provide suitable, alternate housing for such party's spouse and any minor children of the parties.

(4) Awarding temporary custody and establishing temporary visitation rights with regard to minor children.

(5) Ordering a law enforcement officer to evict a party from the res- idence or household.

(6) Ordering support payments by a party for the support of a party's minor child or a party's spouse. 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 pos- session of that property, if necessary.

(9) Requiring the parties person against whom the order is issued to seek counseling to aid in the cessation of abuse.

(b) If, within the period that an order of support issued pursuant to subsection (a)(6) is in existence, a party files a petition for divorce, sep- arate maintenance or annulment and an application for temporary sup- port pursuant to K.S.A. 60-1601 et seq., and amendments thereto, the order of support shall continue in effect until an order is issued on the application for temporary support or until such earlier time as ordered by the court on motion of either party at any time for good cause shown. If a party has previously commenced an action for divorce, separate main- tenance or annulment prior to commencement of an action under this the protection from abuse act, the court may enter, pursuant to this the protection from abuse act, an order inconsistent with the order previously entered in the divorce, separate maintenance or annulment proceeding. If an inconsistent order is entered pursuant to this the protection from abuse act, the order previously entered in the other proceeding shall be vacated upon motion in the proceeding pursuant to this the protection from abuse act.

(c) If the parties to an action under this the protection from abuse act are not married to each other and one party owns the residence or house- hold, 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.

(d) Subject to the provisions of subsections (b) and (c), a protection 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, except that, on motion of the plaintiff, such period may be extended for one additional year.

(e) The court may amend its order or agreement at any time upon motion filed by either party.

(f) No order or agreement under this the protection from abuse act shall in any manner affect title to any real property.

(g) If a person enters or remains on premises or property violating an order issued pursuant to subsection (a)(2), such violation shall consti- tute criminal trespass as provided in subsection (c) of K.S.A. 21-3721, and amendments thereto, and violation of a protective order as provided in section 2, and amendments thereto. If a person abuses, molests or inter- feres with the privacy or rights of another violating an order issued pur- suant to subsection (a)(1), such violation may constitute assault as pro- vided in K.S.A. 21-3408, and amendments thereto, or battery as provided in K.S.A. 21-3412, and amendments thereto, and violation of a protective order as provided in section 2, and amendments thereto.

Sec. 9. K.S.A. 22-2307, 22-2308, 60-3103, 60-3104, 60-3105 and 60- 3107 are hereby repealed.

Sec. 10. This act shall take effect and be in force from and after its publication in the statute book.

Approved May 11, 1996.