Expanding the definition of stalking to include more technology-based methods, requiring law enforcement agencies to adopt policies for making primary aggressor assessments when responding to domestic violence calls and requiring a prosecutor to affirm such assessment was completed, prohibiting public agencies from charging fees to victims of domestic violence for public records, allowing evidence of other domestic violence offenses to be admissible in a criminal action in which the defendant is accused of a domestic violence offense, adding certain contact to options for protection from abuse or stalking orders and allowing lifetime extensions of protection from abuse orders for victims of domestic battery.

Session of 2026
SENATE BILL No. 494
By Committee on Judiciary
2-5
AN ACT concerning domestic violence; relating to victims of domestic
violence offenses; expanding the definition of course of conduct used
in the crime of stalking to include more technology-based methods;
requiring law enforcement agencies to adopt policies for making
primary aggressor assessments when responding to domestic violence
calls; requiring the prosecutor to affirm a primary aggressor analysis
was completed when filing a complaint or indictment in a domestic
violence case; prohibiting public agencies from charging fees to victims
of domestic violence offenses for public records; allowing evidence of
other domestic violence offenses to be admissible in a criminal action
in which the defendant is accused of a domestic violence offense;
adding prohibitions on certain contact to options for protection from
abuse or protection from stalking orders; allowing lifetime extension of
protection from abuse orders for victims of domestic battery; amending
K.S.A. 21-5427, 22-2307, 22-3201, 60-455, 60-3107, 60-31a06 and 75-
7d05 and K.S.A. 2025 Supp. 45-219 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 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.
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
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SB 494 2
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. 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 that evidence a continuity of purpose. A
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SB 494 3
"Course of conduct shall " does 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" includes, but is 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) accessing the targeted person's email, social media, connected
vehicle services or other application accounts to gather information about
the targeted person or such person's immediate family;
(H) utilizing any electronic tracking system or , acquiring tracking
information or using surveillance cameras, eavesdropping equipment,
spyware or stalkerware to determine the targeted person's location,
movement or travel patterns or the location, movement or travel patterns
of the targeted person's immediate family unless such tracking was
mutually agreed upon; and
(H)(I) 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
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SB 494 4
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. 22-2307 is hereby amended to read as follows: 22-
2307. (a) All law enforcement agencies in this state shall adopt written
policies regarding domestic violence calls as provided in subsections (b)
and (c). These policies shall be made available to all officers of such
agency.
(b) Such written policies shall include, but not be limited to, the
following:
(1) A statement directing that when a law enforcement officer
determines that there is probable cause to believe that a crime or offense
involving domestic violence, as defined in K.S.A. 21-5111, and
amendments thereto, has been committed, the officer shall, without undue
delay, arrest the person for which the officer has probable cause to believe
committed the crime or offense if such person's actions were not an act of
defense of a person or property as provided in K.S.A. 21-5222, 21-5223,
21-5225, 21-5230 or 21-5231, and amendments thereto;
(2) a statement that nothing shall be construed to require a law
enforcement officer to:
(A) Arrest either party involved in an alleged act of domestic
violence when the law enforcement officer determines there is no probable
cause to believe that a crime or offense has been committed; or
(B) arrest both parties involved in an alleged act of domestic violence
when both claim to have been victims of such domestic violence;
(3) a statement directing that if a law enforcement officer receives
complaints of domestic violence from two or more opposing persons,:
(A) The officer shall evaluate each complaint separately to determine
if there is probable cause that each accused person committed a crime or
offense and their actions were not an act of defense of a person or property
as provided in K.S.A. 21-5222, 21-5223, 21-5225, 21-5230 or 21-5231,
and amendments thereto;
(B) the officer shall determine who was the primary aggressor; and
(C) arrest is the preferred response only with respect to the primary
aggressor but not the preferred response with respect to a person who acts
in a reasonable manner in defense of self or others;
(4) a statement defining domestic violence in accordance with K.S.A.
21-5111, and amendments thereto;
(5) a statement defining primary aggressor in accordance with K.S.A.
22-3201, and amendments thereto;
(6) a statement describing the dispatchers' responsibilities;
(6)(7) a statement describing the responding officers' responsibilities
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SB 494 5
and procedures to follow when responding to a domestic violence call and
the suspect is at the scene;
(7)(8) a statement regarding procedures when the suspect has left the
scene of the crime;
(8)(9) procedures for both misdemeanor and felony cases;
(9)(10) procedures for law enforcement officers to follow when
handling domestic violence calls involving court orders, including
protection from abuse orders, restraining orders and a protective order
issued by a court of any state or Indian tribe;
(10)(11) 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
public;
(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
(11)(12) 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.
(c) Such written policies shall provide that when an arrest is made for
a domestic violence offense as defined in K.S.A. 21-5111, and
amendments thereto, including an arrest for violation of a protection order
as defined in K.S.A. 21-5924, and amendments thereto, the officer shall
provide the victim information related to:
(A) The fact that in some cases the person arrested can be released
from custody in a short amount of time;
(B) the fact that in some cases a bond condition may be imposed on
the person arrested that prohibits contact with the victim for 72 hours, and
that if the person arrested contacts the victim during that time, the victim
should notify law enforcement immediately; and
(C) any available services within the jurisdiction to monitor custody
changes of the person being arrested, including, but not limited to, the
Kansas victim information and notification everyday service if available in
such jurisdiction.
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SB 494 6
(d) All law enforcement agencies shall provide training to law
enforcement officers about the policies adopted pursuant to this section.
Sec. 3. K.S.A. 22-3201 is hereby amended to read as follows: 22-
3201. (a) Prosecutions in the district court shall be upon complaint,
indictment or information.
(b) The complaint, information or indictment shall be a plain and
concise written statement of the essential facts constituting the crime
charged, which complaint, information or indictment, drawn in the
language of the statute, shall be deemed sufficient. The precise time of the
commission of an offense need not be stated in the indictment or
information; but it is sufficient if shown to have been within the statute of
limitations, except where the time is an indispensable ingredient in the
offense. An indictment shall be signed by the presiding juror of the grand
jury. An information shall be signed by the county attorney, the attorney
general or any legally appointed assistant or deputy of either. A complaint
shall be signed by some person with knowledge of the facts. Allegations
made in one count may be incorporated by reference in another count. The
complaint, information or indictment shall state for each count the official
or customary citation of the statute, rule and regulation or other provision
of law which the defendant is alleged to have violated. Error in the citation
or its omission shall be not ground for dismissal of the complaint,
information or indictment or for reversal of a conviction if the error or
omission did not prejudice the defendant.
(c) When relevant, the complaint, information or indictment shall also
allege facts sufficient to constitute a crime or specific crime subcategory in
the crime seriousness scale.
(d) The court may strike surplusage from the complaint, information
or indictment.
(e) The court may permit a complaint or information to be amended
at any time before verdict or finding if no additional or different crime is
charged and if substantial rights of the defendant are not prejudiced.
(f) When a complaint, information or indictment charges a crime but
fails to specify the particulars of the crime sufficiently to enable the
defendant to prepare a defense the court may, on written motion of the
defendant, require the prosecuting attorney to furnish the defendant with a
bill of particulars. At the trial the state's evidence shall be confined to the
particulars of the bill.
(g) Except as otherwise provided, the prosecuting attorney shall
endorse the names of all witnesses known to the prosecuting attorney upon
the complaint, information and indictment at the time of filing it. Except as
otherwise provided, the prosecuting attorney may endorse on it the names
of other witnesses that may afterward become known to the prosecuting
attorney, at times that the court may by rule or otherwise prescribe. If any
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SB 494 7
witness is to testify and the prosecuting attorney believes the witness who
has provided information is in danger of intimidation or retaliation, the
prosecuting attorney may delay identifying such informant witness until
such informant witness actually testifies but in no event shall identification
of a witness be delayed beyond arraignment without further order of the
court after hearing and an opportunity of the defendant to be heard.
(h) The prosecuting attorney filing a complaint or indictment for a
domestic violence offense as defined in K.S.A. 21-5111, and amendments
thereto, shall affirm in the written statement that a primary aggressor
analysis was completed as part of the complaint or indictment filing.
(i) As used in this section, "primary aggressor" means the person
determined to be the most significant aggressor rather than the first
aggressor. In determining the "primary aggressor", the prosecutor shall
consider:
(1) The intent of the law to protect victims of domestic violence from
continuing abuse;
(2) the threats creating fear of physical injury;
(3) the history of domestic violence between the persons involved;
(4) the nature of the injuries suffered or inflicted on another; and
(5) whether either person acted in self-defense.
Sec. 4. K.S.A. 2025 Supp. 45-219 is hereby amended to read as
follows: 45-219. (a) Any person may make abstracts or obtain copies of
any public record to which such person has access under this act. If copies
are requested, the public agency may require a written request and advance
payment of the prescribed fee. A public agency shall not be required to
provide copies of radio or recording tapes or discs, video tapes or films,
pictures, slides, graphics, illustrations or similar audio or visual items or
devices, unless such items or devices were shown or played to a public
meeting of the governing body thereof, except that the public agency shall
not be required to provide such items or devices that are copyrighted by a
person other than the public agency.
(b) Copies of public records shall be made while the records are in
the possession, custody and control of the custodian or a person designated
by the custodian and shall be made under the supervision of such
custodian or person. Whenever practicable, copies shall be made in the
place where the records are kept. If it is not practicable to do so, the
custodian shall allow arrangements to be made for use of other facilities. If
it is necessary to use other facilities for copying, the cost thereof shall be
paid by the person desiring a copy of the records. In addition, the public
agency may charge the same fee for the services rendered in supervising
the copying as for furnishing copies under subsection (c) and may
establish a reasonable schedule of times for making copies at other
facilities.
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SB 494 8
(c) Except as provided by subsection (h) or where fees for inspection
or for copies of a public record are prescribed by statute, each public
agency may prescribe reasonable fees for providing access to or furnishing
copies of public records, subject to the following:
(1) In the case of fees for copies of records, the fees shall not exceed
the actual cost of furnishing the requested records, including the cost of
staff time required to make the information available. Actual costs may
include the cost to review and redact the requested records but shall not
include incidental costs incurred by the public agency that are not
attributable to furnishing the requested records.
(2) In the case of fees for providing access to records maintained on
computer facilities, the fees shall include only the cost of any computer
services, including staff time required.
(3) If the public agency incurs costs for staff time to provide access to
or furnish copies of public records, the agency shall use in good faith the
lowest-cost category of staff reasonably necessary to provide access to or
furnish copies of public records. Charges for staff time shall be based on
the employee's salary or hourly wage. Charges for staff time shall not
include the costs of employee benefits.
(4) Upon request, a public agency shall provide to the person
requesting access to or copies of public records pursuant to this section an
itemized statement of costs incurred by the public agency and charged to
such requester. Such itemized statement shall include, but not be limited
to, the hourly rates charged for each employee involved in making the
requested records available and an itemized list of any other fees charged
to provide access to or furnish copies of the requested records.
(5) Fees for access to or copies of public records of public agencies
within the legislative branch of the state government shall be established in
accordance with K.S.A. 46-1207a, and amendments thereto, and the
provisions of this section.
(6) Fees for access to or copies of public records of public agencies
within the judicial branch of the state government shall be established in
accordance with rules of the supreme court and the provisions of this
section.
(7) Fees for access to or copies of public records of a public agency
within the executive branch of the state government shall be established in
accordance with the provisions of this section by the agency head.
(d) Any person requesting records within the executive branch may
appeal the reasonableness of the fees charged for providing access to or
furnishing copies of such records to the secretary of administration, whose
decision shall be final.
(e) (1) When the staff time needed to respond to a records request
will exceed five hours or the estimated actual cost for staff time needed to
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SB 494 9
fill the request exceeds $200, the public agency shall make reasonable
efforts to contact the requester and engage in interactive communication
about mitigating costs to fill the request. The requester is not obligated to
mitigate costs.
(2) If a public agency has made reasonable efforts to contact the
requester pursuant to this section and the requester has failed to respond by
the end of the third business day, the records request will be deemed to be
withdrawn until a subsequent contact has been made by the requester to
the public agency.
(3) As used in this subsection, "reasonable efforts to contact the
requester" means contacting the requester through the means of
communication that the requester provided to be used by the agency to
respond to the request.
(f) Except as otherwise authorized pursuant to K.S.A. 75-4215, and
amendments thereto, each public agency within the executive branch of
the state government shall remit all moneys received by or for it from fees
charged pursuant to this section to the state treasurer in accordance with
K.S.A. 75-4215, and amendments thereto. Unless otherwise specifically
provided by law, the state treasurer shall deposit the entire amount thereof
in the state treasury and credit the same to the state general fund or an
appropriate fee fund as determined by the agency head.
(g) Each public agency of a political or taxing subdivision shall remit
all moneys received by or for it from fees charged pursuant to this act to
the treasurer of such political or taxing subdivision at least monthly. Upon
receipt of any such moneys, such treasurer shall deposit the entire amount
thereof in the treasury of the political or taxing subdivision and credit the
same to the general fund thereof, unless otherwise specifically provided by
law.
(h) (1) Any person who is a certified shorthand reporter may charge
fees for transcripts of such person's notes of judicial or administrative
proceedings in accordance with rates established pursuant to rules of the
Kansas supreme court.
(2) No public agency shall charge any fee for providing access to or
furnishing copies of public records if the person requesting such records
was the victim of a domestic violence offense as defined in K.S.A. 21-5111,
and amendments thereto, and such records are related to such offense.
(i) Nothing in the open records act shall require a public agency to
electronically make copies of public records by allowing a person to obtain
copies of a public record by inserting, connecting or otherwise attaching
an electronic device provided by such person to the computer or other
electronic device of the public agency.
Sec. 5. K.S.A. 60-455 is hereby amended to read as follows: 60-455.
(a) Subject to K.S.A. 60-447, and amendments thereto, evidence that a
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SB 494 10
person committed a crime or civil wrong on a specified occasion, is
inadmissible to prove such person's disposition to commit crime or civil
wrong as the basis for an inference that the person committed another
crime or civil wrong on another specified occasion.
(b) (1) Subject to K.S.A. 60-445 and 60-448, and amendments
thereto, such evidence is admissible when relevant to prove some other
material fact including motive, opportunity, intent, preparation, plan,
knowledge, identity or absence of mistake or accident.
(c)(2) Subject to K.S.A. 60-445 and 60-448, and amendments thereto,
in any criminal action other than a criminal action in which the defendant
is accused of a sex offense under articles 34, 35 or 36 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of
chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325,
21-6326 or 21-6419 through 21-6422, and amendments thereto, such
evidence is admissible to show the modus operandi or general method
used by a defendant to perpetrate similar but totally unrelated crimes when
the method of committing the prior acts is so similar to that utilized in the
current case before the court that it is reasonable to conclude the same
individual committed both acts.
(d)(3) Except as provided in K.S.A. 60-445, and amendments thereto,
in a criminal action in which the defendant is accused of a sex offense
under articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas
Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6419
through 21-6422, and amendments thereto, evidence of the defendant's
commission of another act or offense of sexual misconduct is admissible,
and may be considered for its bearing on any matter to which it is relevant
and probative.
(e)(4) Except as provided in K.S.A. 60-445, and amendments thereto,
in a criminal action in which the defendant is accused of a domestic
violence offense, evidence of the defendant's commission of another
domestic violence offense is admissible and may be considered for its
bearing on any matter to which such offense is relevant and probative.
(c) In a criminal action in which the prosecution intends to offer
evidence under this rule, the prosecuting attorney shall disclose the
evidence to the defendant, including statements of witnesses, at least 10
days before the scheduled date of trial or at such later time as the court
may allow for good cause.
(f)(d) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule or to limit the admissibility
of the evidence of other crimes or civil wrongs in a criminal action under a
criminal statute other than in articles 34, 35 or 36 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of
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chapter 21 of the Kansas Statutes Annotated, and amendments, thereto, or
K.S.A. 21-6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and
amendments thereto.
(g)(e) As used in this section, an:
(1) "Act or offense of sexual misconduct" includes:
(1)(A) Any conduct proscribed by article 35 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-
6419 through 21-6422, and amendments thereto;
(2)(B) the sexual gratification component of aggravated human
trafficking, as described in K.S.A. 21-3447(a)(1)(B) or (a)(2), prior to its
repeal, or K.S.A. 21-5426(b)(1)(B) or (b)(2), and amendments thereto;
(3)(C) exposing another to a life threatening communicable disease,
as described in K.S.A. 21-3435(a)(1), prior to its repeal, or K.S.A. 21-
5424(a)(1), and amendments thereto;
(4)(D) incest, as described in K.S.A. 21-3602, prior to its repeal, or
K.S.A. 21-5604(a), and amendments thereto;
(5)(E) aggravated incest, as described in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(6)(F) contact, without consent, between any part of the defendant's
body or an object and the genitals, mouth or anus of the victim;
(7)(G) contact, without consent, between the genitals, mouth or anus
of the defendant and any part of the victim's body;
(8)(H) deriving sexual pleasure or gratification from the infliction of
death, bodily injury or physical pain to the victim;
(9)(I) an attempt, solicitation or conspiracy to engage in conduct
described in paragraphs (1) subparagraphs (A) through (8) (H); or
(10)(J) any federal or other state conviction of an offense, or any
violation of a city ordinance or county resolution, that would constitute an
offense under article 35 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6419 through 21-6422,
and amendments thereto, the sexual gratification component of aggravated
human trafficking, as described in K.S.A. 21-3447(a)(1)(B) or (a)(2), prior
to its repeal, or K.S.A. 21-5426(b)(1)(B) or (b)(2), and amendments
thereto; incest, as described in K.S.A. 21-3602, prior to its repeal, or
K.S.A. 21-5604(a), and amendments thereto; or aggravated incest, as
described in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and
amendments thereto, or involved conduct described in paragraphs (6)
subparagraphs (F) through (9) (I); and
(2) "domestic violence offense" means the same as defined in K.S.A.
21-5111, and amendments thereto.
(h)(f) If any provisions of this section or the application thereof to any
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person or circumstances is held invalid, the invalidity does not affect other
provisions or applications of this section which can be given effect without
the invalid provisions or application. To this end the provisions of this
section are severable.
Sec. 6. K.S.A. 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 K.S.A. 21-5412(a), and amendments thereto, battery as defined
in K.S.A. 21-5413(a), and amendments thereto, domestic battery as
defined in K.S.A. 21-5414, and amendments thereto, and violation of a
protective order as defined in K.S.A. 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 K.S.A. 21-5808(a)(1)(C), and amendments
thereto, and violation of a protective order as defined in K.S.A. 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
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
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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) Restraining the defendant from contacting, including digital
contact, or otherwise communicating with the plaintiff.
(11) Prohibiting the defendant from entering within 300 feet of the
plaintiff's home, place of employment, school or any other location the
court deems necessary.
(12) Prohibiting the defendant from accessing a connected vehicle
service in a vehicle that is being driven by the victim.
(13) 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 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) (1) Any order entered under the protection from abuse act shall
not be modified by a subsequent ex parte or temporary order issued in any
action, except as provided in paragraph (4).
(2) (A) Any order entered under the protection from abuse act may be
modified by a subsequent final order pursuant to a hearing or an agreement
of the parties issued in any action, except as provided in paragraph (4).
(B) Any inconsistent order entered pursuant to this subsection shall
be specific in its terms and reference the protection from abuse order and
parts of the order being modified. A copy of the order shall be filed in both
actions.
(C) The court shall consider whether the actions should be
consolidated in accordance with K.S.A. 60-242, and amendments thereto.
(3) (A) On sworn testimony to support a showing of good cause and
as authorized by K.S.A. 23-3201 through 23-3207 and 23-3218, and
amendments thereto, orders issued under the protection from abuse act
may modify orders regarding legal custody, residency and parenting time
previously issued in an action for:
(i) The determination of parentage filed pursuant to article 22 of
chapter 23 of the Kansas Statutes Annotated, and amendments thereto, or
K.S.A. 38-1101 et seq. prior to their transfer or repeal; or
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(ii) divorce, separate maintenance or annulment filed pursuant to
article 27 of chapter 23 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 60-1601 et seq., prior to their transfer or repeal.
(B) On sworn testimony to support a showing of good cause, orders
issued under the protection from abuse act may modify interlocutory
orders issued pursuant to K.S.A. 23-2707, and amendments thereto.
(C) For purposes of this paragraph, immediate and present danger of
abuse to the plaintiff or minor children shall constitute good cause.
(4) (A) Any legal custody or parenting 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.
(B) Any inconsistent legal 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 less than one year and not more than two years, except as provided in
paragraphs (1) and (2).
(1) Upon motion of the plaintiff, such period may be extended for an
additional period of not less than one year and not more than three years.
If the plaintiff is a victim of domestic battery as described in K.S.A. 21-
5414, and amendments thereto, and the defendant is the person who
committed such domestic battery, such period may be extended for the
plaintiff's lifetime.
(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
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evidence that the defendant has: (A) Violated a valid protection order; (B)
previously violated a valid protection order; or (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. 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) (1) 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 K.S.A. 21-5808(a)(1)(C), and
amendments thereto, and violation of a protective order as defined in
K.S.A. 21-5924, and amendments thereto.
(2) 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 K.S.A. 21-5412(a), and
amendments thereto, battery as defined in K.S.A. 21-5413(a), and
amendments thereto, domestic battery as defined in K.S.A. 21-5414, and
amendments thereto, and violation of a protective order as defined in
K.S.A. 21-5924, and amendments thereto.
Sec. 7. K.S.A. 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, including digital contact, 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. 21-5427, and
amendments thereto, and violation of a protective order as defined in
K.S.A. 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. 21-5427, and amendments thereto, assault as defined in
K.S.A. 21-5412(a), and amendments thereto, battery as defined in K.S.A.
21-5413(a), and amendments thereto, and violation of a protective order as
defined in K.S.A. 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. 21-5808(a)(1)(C), and amendments
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SB 494 16
thereto, and violation of a protective order as defined in K.S.A. 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. 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, including, but not limited to, digital contact, 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. 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) Prohibiting the defendant from entering within 300 feet of the
plaintiff's home, place of employment, school or any other location the
court deems necessary.
(7) Prohibiting the defendant from accessing a connected vehicle
service in a vehicle that is being driven by the victim.
(8) Any other order deemed necessary by the court to carry out the
provisions of this act.
(b) A protection from stalking, sexual 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 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 period of not less than one year and not more than three years.
(d) (1) 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
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)(A) Violated a valid protection order;
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(2)(B) previously violated a valid protection order; or
(3)(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.
(2) 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. 8. K.S.A. 75-7d05 is hereby amended to read as follows: 75-
7d05. (a) The attorney general shall establish by rules and regulations the
requirements for a batterer intervention certification program. These
requirements may include, but not be limited to:
(1) Standards;
(2) program elements and goals;
(3) the role of the certified batterer intervention program in the
community;
(4) technical considerations which may include, but not be limited to,
consideration of any combination of:
(A) Expectations of batterers;
(B) group composition;
(C) facilitation;
(D) curriculum;
(E) prohibited and restricted practices;
(F) batterer confidentiality, victim confidentiality and safety checks;
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(G) program length;
(H) victim notification;
(I)(H) victim involvement;
(J)(I) public relations;
(K)(J) research;
(L)(K) agency structure; and
(M)(L) personnel policies and procedures;
(5) the assessment of batterer participants and the utilization of the
Kansas domestic violence offender assessment;
(6) orientation training and continuing education requirements for
program facilitators, program supervisors and program coordinators, and
any agent or employee of a certified batterer intervention program who
directly provides intervention services to clients of such program; and
(7) any other requirements or conditions as may be required by the
attorney general.
(b) Such rules and regulations shall require the following:
(1) The Kansas domestic violence offender assessment shall be
completed by:
(A) An individual who is licensed to practice in Kansas as a licensed
psychologist, licensed baccalaureate social worker, licensed master social
worker, licensed specialist clinical social worker, licensed marriage and
family therapist, licensed addiction counselor, licensed clinical addiction
counselor, licensed clinical marriage and family therapist, licensed
professional counselor, licensed clinical professional counselor, licensed
masters level psychologist or licensed clinical psychotherapist; or
(B) an individual who meets the requirements of subsection (b)(2).
(2) Any person who is not licensed as required in subsection (b)(1)
(A) who is completing domestic violence offender assessments as an
employee of or volunteer for a batterer intervention program immediately
prior to January 1, 2013, may continue to complete such assessments on
and after January 1, 2013, if such person remains an employee of or
volunteer for the same program, and such program remains a certified
batterer intervention program. When such person is no longer an employee
of or volunteer for the program in which they were employed or
volunteering immediately prior to January 1, 2013, such person shall not
be allowed to complete the Kansas domestic violence offender assessment
for any certified batterer intervention program without meeting the license
requirements prescribed in subsection (b)(1)(A).
(3) A batterer intervention program that is certified pursuant to this
section shall require participants to attend the program for a minimum of
52 weeks, complete such program and be evaluated by program staff prior
to starting such program and after completing such program. Three
unexcused absences in a row or seven unexcused absences over the course
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of the entire program shall be considered noncompletion of the program.
Sec. 9. K.S.A. 21-5427, 22-2307, 22-3201, 60-455, 60-3107, 60-
31a06 and 75-7d05 and K.S.A. 2025 Supp. 45-219 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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