Summer 2012 Newsletter - Page 3

At-A-Glance Summary
Kansas Legislative Session 2012

The following laws were passed during the 2012 legislative session. Unless otherwise noted, each law will take effect July 1, 2012.

HB2613: Protection Order Extension Bill

  • Provides an option to a victim for extending protection from abuse and protection from stalking orders when the court determines that the defendant has:
    • Violated a valid order of protection; or
    • Previously violated a valid order of protection; or
    • Been convicted of  a person felony or an incomplete person felony; AND
    • The crime or protection order violation was committed against the plaintiff or a member of the plaintiff’s household.
  • States that if the court finds that the victim qualifies for an extended order, the court shall extend a protection order for not less than two additional years and may extend the order up to the lifetime of the defendant.
  • Repeals KSA 60-3111 which allowed a victim to only use the protection from abuse process twice in a twelve month period.
  • Allows an adult victim of stalking to file the petition for a stalking order with any district judge or court clerk in Kansas.
  • Strengthens the penalty for the violation of an extended protection order to a severity level 6, person felony.

HB2534: Caylee’s Law

  • This bill creates a crime for knowingly failing to report the disappearance or death of a child under the age of 13 by a parent, legal guardian or caretaker. The parent, guardian or caretaker is required to report the disappearance as soon as practically possible.

SB304: Batterer Intervention Program Certification Act

  • Established a Batterer Intervention Program Certification Unit at the Attorney General’s office.
  • Allows the Attorney General’s office to develop a set of tools, methodologies, requirements and forms for the domestic violence assessment in collaboration with KCSDV and member programs.
  • Requires entities or individuals providing batterer intervention services in Kansas to be certified through the Attorney General’s office.
  • Requires the supervisor, coordinator or director of the batterer intervention program to be a licensed professional.
    • Allows those entities or individuals currently supervising, coordinating, or directing to continue without licensure if they were in that role prior to January 1, 2013.
  • Requires those entities and individuals completing domestic violence offender assessments to be licensed professionals.
    • Allows those currently completing assessments to continue without licensure if they were in that role prior to January 1, 2013.

SB307: Statute of Limitations for Child Sexual Abuse

  • The general Statute of Limitation for crimes in Kansas is five years, excluding murder, terrorism, and some other violent crimes. Under the new bill:
    • “Time starts to run on the day after the offense is committed except if the offense charged is a sexually violent crime as defined in KSA 22-3717 … and the victim was under the age of 18 years of age at the time of the offense, then time shall start to run on the day after the victim’s 18th birthday.

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