CHAPTER 142
SENATE BILL No. 475
An Act concerning protection from abuse; relating to intimate
partners or household mem-
bers; amending K.S.A. 2001 Supp. 60-3102, 60-3104, 60-3107 and
60-3112 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2001 Supp.
60-3102 is hereby amended to read as
follows: 60-3102. As used in this act, ``abuse''
the protection from abuse
act:
(a) ``Abuse'' means the occurrence
of one or more of the following
acts between persons who reside together, who formerly
resided together
or who have or has had a child in common
intimate partners or household
members:
(a)
(1) Intentionally attempting to cause bodily injury, or
intentionally
or recklessly causing bodily injury.
(b)
(2) Intentionally placing, by physical threat, another
in fear of
imminent bodily injury.
(c) (3) Engaging
in any of the following acts with a minor under 16
years of age who is not the spouse of the offender:
(1) (A) The act
of sexual intercourse; or
(2) (B) any lewd
fondling or touching of the person of either the
minor or the offender, done or submitted to with the intent to
arouse or
to satisfy the sexual desires of either the minor or the offender,
or both.
(b) ``Intimate partners or household
members'' means persons who
are or have been in a dating relationship, persons who reside
together or
who have formerly resided together or persons who have had a
child in
common.
(c) ``Dating relationship'' means a
social relationship of a romantic
nature. A dating relationship shall be presumed if a plaintiff
verifies, pur-
suant to K.S.A. 53-601, and amendments thereto, that such
relationship
exists. In addition to any other factors the court deems
relevant, the court
shall consider the following factors in making a determination
of whether
a relationship exists or existed include:
(1) Nature of the
relationship;
(2) length of time the relationship
existed;
(3) frequency of interaction between
the parties; and
(4) time since termination of the
relationship, if applicable.
Sec. 2. K.S.A. 2001 Supp. 60-3104
is hereby amended to read as
follows: 60-3104. (a) A person An intimate
partner or household member
may seek relief under the protection from abuse act by filing a
verified
petition with any district judge or with the clerk of the court
alleging
abuse by another with whom the person resides, formerly
resided or has
or has had a child in common intimate partner
or household member.
(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,
formerly resided
or has or has had a child in common intimate
partner or household mem-
ber.
(c) The clerk of the court shall supply
the forms for the petition and
orders, which shall be prescribed by the supreme
court judicial council.
(d) Service of process served under this
section shall be by personal
service and not by certified mail return receipt requested. No
docket fee
shall be required for proceedings under the protection from abuse
act.
(e) If the court finds that the
plaintiff's address or telephone number,
or both, needs to remain confidential for the protection of the
plaintiff,
plaintiff's minor children or minor children residing with the
plaintiff,
such information shall not be disclosed to the public, but only to
author-
ized court or law enforcement personnel.
Sec. 3. K.S.A. 2001 Supp. 60-3107
is hereby amended to read as
follows: 60-3107. (a) The court shall be empowered
to 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
parties defendant from abusing, molesting
or in-
terfering with the privacy or rights of each other
the plaintiff 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, battery as provided in
K.S.A.
21-3412, and amendments thereto, domestic battery as provided in
K.S.A.
2001 Supp. 21-3412a, and amendments thereto and violation of a
pro-
tective order as provided in K.S.A. 2001 Supp. 21-3843, and
amendments
thereto.
(2) Granting possession of the residence
or household to a party the
plaintiff to the exclusion of the other
party the defendant, and further
restraining the party not granted possession
defendant from entering or
remaining upon or in such residence or household, subject to the
limi-
tation of subsection (c) (d). 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 K.S.A. 2001
Supp. 21-
3843, and amendments thereto. The court may grant an order,
which
shall expire 60 days following the date of issuance, restraining
the party
not granted possession defendant from
cancelling utility service to the
residence or household.
(3) Requiring a party
defendant to provide suitable, alternate housing
for such party's spouse the plaintiff and
any minor children of the parties.
(4) Awarding temporary custody and
residency and establishing tem-
porary parenting time with regard to minor children.
(5) Ordering a law enforcement officer to
evict a party the defendant
from 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 a party's
spouse 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 pos-
session of that property, if necessary.
(9) Requiring the person against
whom the order is issued 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 pro-
mote the safety of the plaintiff or of any minor children of the
parties.
(b) No protection from abuse order
shall be entered against the plain-
tiff 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, 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 pri-
marily as aggressors and neither party acted primarily in
self-defense.
(b) (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.,
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., 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. 60-1610 et seq., 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. 60-
1610 et seq., or K.S.A. 38-1101 et seq., 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. 60-1610 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
spe-
cific 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.
(c) (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
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) (e) Subject
to the provisions of subsections (b) and,
(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, except that, on motion of the
plaintiff,
such period may be extended for one additional year.
(e) (f) The court
may amend its order or agreement at any time upon
motion filed by either party.
(f) (g) No order
or agreement under the protection from abuse act
shall in any manner affect title to any real property.
(g) (h) 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
K.S.A. 2001 Supp. 21-3843, 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 provided in K.S.A. 21-3408, and amendments thereto,
battery
as provided in K.S.A. 21-3412, and amendments thereto, domestic
battery
as provided in K.S.A. 2001 Supp. 21-3412a, and amendments
thereto,
and violation of a protective order as provided in K.S.A. 2001
Supp. 21-
3843, and amendments thereto.
Sec. 4. K.S.A. 2001 Supp. 60-3112
is hereby amended to read as
follows: 60-3112. (a) All temporary, amended, final and
other protection
from abuse orders, orders amending an existing protective
order, and
such related issued pursuant to article 31 of
chapter 60 of the Kansas
Statutes Annotated, and amendments thereto, or protection
orders issued
based on the laws of another jurisdiction which are entitled to
full faith
and credit in Kansas pursuant to the provisions of 18 U.S.C. 2265,
and
amendments thereto, shall be entered into the national criminal
infor-
mation center protection order file. All emergency
protection from abuse
orders, temporary protection from abuse orders, other
orders issued pur-
suant to article 31 of chapter 60 of the Kansas Statutes
Annotated, and
amendments thereto, and such emergency, temporary and other
related
orders issued based on the laws of another jurisdiction
which are entitled
to full faith and credit in Kansas pursuant to the
provisions of 18 U.S.C.
2265, and amendments thereto, may be entered into the
national criminal
information center protection order file. All
emergency protection from
abuse orders issued pursuant to article 31 of chapter 60 of the
Kansas
Statutes Annotated, and amendments thereto, and such emergency
orders
issued based on the laws of another jurisdiction which are
entitled to full
faith and credit in Kansas pursuant to the provisions of 18
U.S.C. 2265,
and amendments thereto, may be entered into the national
criminal in-
formation center protection order file. A copy of these
orders shall be
delivered by the clerk of the court to the sheriff of the county
where the
order is issued or registered. The sheriff's office shall
immediately enter
the order into the national criminal information center and other
appro-
priate databases after all mandatory identifiers are available. If
the order
is a foreign protective order, the sheriff's office shall contact
the issuing
jurisdiction to verify the order and request that such jurisdiction
enter
the order into the national criminal information center and other
appro-
priate databases. Any modification of an order shall be forwarded
im-
mediately by the clerk of the court to the sheriff's office with
jurisdiction
to enforce the modified order. The sheriff's office shall ensure
the ac-
curacy of the entries and the court shall ensure the validity of
the orders.
(b) All emergency and temporary orders
which have been entered
into the national criminal information center file shall be
canceled upon
the expiration of the time period set out in the court order,
or, if no time
period is set, no later than one year from the entry date.
All other orders
which have been entered into the national criminal information
center
protection order file shall be cleared as an active record from the
com-
puter system when:
(1) The order expires according to the
terms of such order;
(2) a Kansas court notifies the law
enforcement agency which has
jurisdiction over the entry of the order that such order has been
dis-
missed; or
(3) a foreign protective order has been
invalidated by either a Kansas
court or a foreign court with jurisdiction over such order.
(c) This section shall be part of and
supplemental to the protection
from abuse act.
Sec. 5. K.S.A. 2001 Supp. 60-3102, 60-3104, 60-3107 and
60-3112
are hereby repealed.
Sec. 6. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 17, 2002.
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