Session of 1998
                   
HOUSE BILL No. 2818
         
By Committee on Judiciary
         
2-4
            9             AN ACT concerning criminal trespass and violation of a protective order;
10             amending K.S.A. 1997 Supp. 21-3721, 21-3843 and 60-3107 and re-
11             pealing the existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 21-3721 is hereby amended to read as
15       follows: 21-3721. (a) Criminal trespass is:
16           (1) Entering or remaining upon or in any land, nonnavigable body of
17       water, structure, vehicle, aircraft or watercraft other than railroad prop-
18       erty as defined in K.S.A. 1997 Supp. 21-3761 and amendments thereto
19       by a person who knows such person is not authorized or privileged to do
20       so, and:
21           (A) Such person enters or remains therein in defiance of an order
22       not to enter or to leave such premises or property personally communi-
23       cated to such person by the owner thereof or other authorized person;
24       or
25           (B) such premises or property are posted in a manner reasonably
26       likely to come to the attention of intruders, or are locked or fenced or
27       otherwise enclosed, or shut or secured against passage or entry; or
28           (C) such person enters or remains therein in defiance of a restraining
29       order issued pursuant to K.S.A. 60-1607, 60-3105, 60-3106 or 60-3107 or
30       K.S.A. 38-1542, 38-1543 or 38-1563, and amendments thereto, and the
31       restraining order has been personally served upon the person so re-
32       strained; or
33           (2) entering or remaining upon or in any public or private land or
34       structure in a manner that interferes with access to or from any health
35       care facility by a person who knows such person is not authorized or
36       privileged to do so and such person enters or remains thereon or therein
37       in defiance of an order not to enter or to leave such land or structure
38       personally communicated to such person by the owner of the health care
39       facility or other authorized person.
40           (b) As used in this section:
41           (1) ``Health care facility'' means any licensed medical care facility,
42       certificated health maintenance organization, licensed mental health cen-
43       ter, or mental health clinic, licensed psychiatric hospital or other facility

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  1       or office where services of a health care provider are provided directly to
  2       patients.
  3           (2) ``Health care provider'' means any person: (A) Licensed to prac-
  4       tice a branch of the healing arts; (B) licensed to practice psychology; (C)
  5       licensed to practice professional or practical nursing; (D) licensed to prac-
  6       tice dentistry; (E) licensed to practice optometry; (F) licensed to practice
  7       pharmacy; (G) registered to practice podiatry; (H) licensed as a social
  8       worker; or (I) registered to practice physical therapy.
  9           (c) (1) Criminal trespass is a class B nonperson misdemeanor.
10           (2) Upon a conviction of a violation of subsection (a)(1)(C), a person
11       shall be sentenced to not less than 48 consecutive hours of imprisonment
12       which must be served either before or as a condition of any grant of
13       probation or suspension, reduction of sentence or parole.
14           Sec. 2. K.S.A. 1997 Supp. 21-3843 is hereby amended to read as
15       follows: 21-3843. (a) Violation of a protective order is knowingly or in-
16       tentionally violating:
17           (1) A protection from abuse order issued pursuant to K.S.A. 60-3105,
18       60-3106 and 60-3107, and amendments thereto;
19           (2) a protective order issued by a court of any state or Indian tribe
20       that is consistent with the provisions of 18 U.S.C. 2265, and amendments
21       thereto;
22           (3) a restraining order issued pursuant to K.S.A. 38-1542, 38-1543,
23       38-1563 and 60-1607, and amendments thereto;
24           (4) an order issued as a condition of pretrial release, diversion, pro-
25       bation, suspended sentence or postrelease supervision that orders the
26       person to refrain from having any direct or indirect contact with another
27       person; or
28           (5) an order issued as a condition of release after conviction or as a
29       condition of a supersedeas bond pending disposition of an appeal, that
30       orders the person to refrain from having any direct or indirect contact
31       with another person.
32           (b) As used in this section, ``order'' includes any order issued by a
33       municipal or district court.
34           (c) (1) Violation of a protective order is a class A person misde-
35       meanor.
36           (2) Upon a conviction of a violation of this section, a person shall be
37       sentenced to not less than 48 consecutive hours of imprisonment which
38       must be served either before or as a condition of any grant of probation
39       or suspension, reduction of sentence or parole.
40           (d) This section shall be part of and supplemental to the Kansas crim-
41       inal code.
42           Sec. 3. K.S.A. 1997 Supp. 60-3107 is hereby amended to read as
43       follows: 60-3107. (a) The court shall be empowered to approve any con-

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  1       sent agreement to bring about a cessation of abuse of the plaintiff or
  2       minor children or grant any of the following orders:
  3           (1) Restraining the parties from abusing, molesting or interfering
  4       with the privacy or rights of each other or of any minor children of the
  5       parties. Such order shall contain a statement that if such order is violated,
  6       such violation may constitute assault as provided in K.S.A. 21-3408, and
  7       amendments thereto, battery as provided in K.S.A. 21-3412, and amend-
  8       ments thereto, and violation of a protective order as provided in K.S.A.
  9       1997 Supp. 21-3843, and amendments thereto.
10           (2) Granting possession of the residence or household to a party to
11       the exclusion of the other party, and further restraining the party not
12       granted possession from entering or remaining upon or in such residence
13       or household, subject to the limitation of subsection (c). Such order shall
14       contain a statement that if such order is violated, such violation shall
15       constitute ;^iminal trespass as provided in subsection (c) of K.S.A. 21-
16       3721, and amendments thereto, and violation of a protective order as
17       provided in K.S.A. 1997 Supp. 21-3843, and amendments thereto.
18           (3) Requiring a party to provide suitable, alternate housing for such
19       party's spouse and any minor children of the parties.
20           (4) Awarding temporary custody and establishing temporary visitation
21       rights with regard to minor children.
22           (5) Ordering a law enforcement officer to evict a party from the res-
23       idence or household.
24           (6) Ordering support payments by a party for the support of a party's
25       minor child or a party's spouse. Such support orders shall remain in effect
26       until modified or dismissed by the court or until expiration and shall be
27       for a fixed period of time not to exceed one year. On the motion of the
28       plaintiff, the court may extend the effect of such order for 12 months.
29           (7) Awarding costs and attorney fees to either party.
30           (8) Making provision for the possession of personal property of the
31       parties and ordering a law enforcement officer to assist in securing pos-
32       session of that property, if necessary.
33           (9) Requiring the person against whom the order is issued to seek
34       counseling to aid in the cessation of abuse.
35           (b) If, within the period that an order of support issued pursuant to
36       subsection (a)(6) is in existence, a party files a petition for divorce, sep-
37       arate maintenance or annulment and an application for temporary sup-
38       port pursuant to K.S.A. 60-1601 et seq., and amendments thereto, the
39       order of support shall continue in effect until an order is issued on the
40       application for temporary support or until such earlier time as ordered
41       by the court on motion of either party at any time for good cause shown.
42       If a party has previously commenced an action for divorce, separate main-
43       tenance or annulment prior to commencement of an action under the

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  1       protection from abuse act, the court may enter, pursuant to the protection
  2       from abuse act, an order inconsistent with the order previously entered
  3       in the divorce, separate maintenance or annulment proceeding. If an in-
  4       consistent order is entered pursuant to the protection from abuse act, the
  5       order previously entered in the other proceeding shall be vacated upon
  6       motion in the proceeding pursuant to the protection from abuse act.
  7           (c) If the parties to an action under the protection from abuse act are
  8       not married to each other and one party owns the residence or household,
  9       the court shall not have the authority to grant possession of the residence
10       or household under subsection (a)(2) to the exclusion of the party who
11       owns it.
12           (d) Subject to the provisions of subsections (b) and (c), a protective
13       order or approved consent agreement shall remain in effect until modified
14       or dismissed by the court and shall be for a fixed period of time not to
15       exceed one year, except that, on motion of the plaintiff, such period may
16       be extended for one additional year.
17           (e) The court may amend its order or agreement at any time upon
18       motion filed by either party.
19           (f) No order or agreement under the protection from abuse act shall
20       in any manner affect title to any real property.
21           (g) If a person enters or remains on premises or property violating
22       an order issued pursuant to subsection (a)(2), such violation shall consti-
23       tute ;^iminal trespass as provided in subsection (c) of K.S.A. 21-3721, and
24       amendments thereto, and violation of a protective order as provided in
25       K.S.A. 1997 Supp. 21-3843, and amendments thereto. If a person abuses,
26       molests or interferes with the privacy or rights of another violating an
27       order issued pursuant to subsection (a)(1), such violation may constitute
28       assault as provided in K.S.A. 21-3408, and amendments thereto, battery
29       as provided in K.S.A. 21-3412, and amendments thereto, and violation of
30       a protective order as provided in K.S.A. 1997 Supp. 21-3843, and amend-
31       ments thereto.
32           Sec. 4. K.S.A. 1997 Supp. 21-3721, 21-3843 and 60-3107 are hereby
33       repealed.
34           Sec. 5. This act shall take effect and be in force from and after its
35       publication in the statute book.
36      
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