Session of 1998
By Committee on Judiciary
            9             AN ACT concerning protection from abuse; relating to emergency relief;
10             amending K.S.A. 1997 Supp. 60-3105 and repealing the existing
11             section.
13       Be it enacted by the Legislature of the State of Kansas:
14           New Section 1. (a) All emergency protection from abuse orders,
15       temporary protection from abuse orders, protection from abuse orders,
16       orders amending an existing protective order, other orders issued pur-
17       suant to article 31 of chapter 60 of the Kansas Statutes Annotated, or,
18       orders issued based on the laws of another jurisdiction which are entitled
19       to full faith and credit in Kansas pursuant to the provisions of 18 U.S.C.
20       2265, shall be entered into the national criminal information center pro-
21       tection order file. A copy of these orders shall be entered into the national
22       criminal information center by the police department of the city where
23       the plaintiff resides, or, if the plaintiff does not reside in a city or resides
24       in a city with no police department, shall be entered by the sheriff of the
25       county where the plaintiff resides. The law enforcement agency with ju-
26       risdiction over the entry of such order shall be responsible for the main-
27       tenance of orders entered by it.
28           (b) All orders which have been entered into the national criminal
29       information center protection order file shall be cleared as an active rec-
30       ord from the computer system when:
31           (1) The order expires according to the terms of such order;
32           (2) a Kansas court notifies the law enforcement agency which has
33       jurisdiction over the entry of the order that such order has been dis-
34       missed; or
35           (3) a foreign protective order has been invalidated by either a Kansas
36       court or a foreign court with jurisdiction over such order.
37           (c) This action shall be part of and supplemental to the protection
38       from abuse act.
39           Sec. 2. K.S.A. 1997 Supp. 60-3105 is hereby amended to read as
40       follows: 60-3105. (a) When the court is unavailable, a verified petition,
41       accompanied by a proposed order, may be presented to any district judge.
42       The judge may grant relief in accordance with subsection (a)(1), (2), (4)
43       or (5) of K.S.A. 60-3107 and amendments thereto, or any combination

HB 2791


  1       thereof, if the judge deems it necessary to protect the plaintiff or minor
  2       child or children from abuse. An emergency order pursuant to this sub-
  3       section may be granted ex parte. Immediate and present danger of abuse
  4       to the plaintiff or minor child or children shall constitute good cause for
  5       the entry of the emergency order.
  6           (b) An emergency order issued under subsection (a) shall expire when
  7       the court is available or within 72 hours, whichever occurs first. At that
  8       time, the plaintiff may seek a temporary order from the court.
  9           (c) The judge shall note on the petition and any order granted, in-
10       cluding any documentation in support thereof, the filing date, together
11       with the judge's signature, and shall deliver them to the clerk of the court
12       on the next day of the resumption of business of the court.
13           Sec. 3. K.S.A. 1997 Supp. 60-3105 is hereby repealed.
14           Sec. 4. This act shall take effect and be in force from and after its
15       publication in the statute book.