SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 265
As Amended by House Committee on Judiciary

Brief*
SB 265, as amended, would amend the crime of
violating a protective order to establish penalties for repeat
violations of such orders and would amend law relating to
service of process fees to prohibit such fees from being
charged to serve process for certain protective order actions.

Violation of a Protection Order
The bill would add a penalty for a second or subsequent
conviction for violating a protection order from stalking, sexual
assault, or human trafficking order as a severity level 7
person felony. Current law provides the penalty is a Class A
person misdemeanor, regardless of how many times a
violation has occurred previously.
The bill would also add a penalty upon a second or
subsequent conviction for violating an extended protective
order as a severity level 4 person felony. Current law provides
the penalty is a severity level 6 person felony regardless of
how many times a violation has occurred previously.


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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Protection Order Proceeding Service Fees
The bill would amend law to specify that no fee could be
charged for serving, executing, and returning any process for
a proceeding under the Kansas Protection from Abuse Act or
the Protection from Stalking, Sexual Assault, and Human
Trafficking Act.
[Note: Under current law, a sheriff may charge a fee of
$15 for serving, executing, and returning any process.]

Technical Amendments
Technical amendments to update a reference to a
statutory supplement and to remove outdated service of
process provisions would be made by the bill.

Background
The bill was introduced by the Senate Committee on
Ways and Means at the request of Senator McGinn. The bill
was referred to the Senate Committee on Judiciary on
February 17, 2023.

Senate Committee on Judiciary
In the Senate Committee hearing on March 6, 2023,
proponent testimony was provided by a Sedgwick County
District Court judge who generally stated the intent of the bill
is to subject a repeat offender to increased penalties for
violations of a protective order.
Written-only proponent testimony was provided by a
representative of the Kansas Coalition Against Sexual and
Domestic Violence; a representative of the Kansas
Association of Chiefs of Police, Kansas Sheriffs Association,
and Kansas Peace Officers Association; and a private citizen.

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 No other testimony was provided.

Senate Committee of the Whole
The Senate Committee of the Whole amended the bill
on March 27, 2023, to include provisions pertaining to orders
of restitution for support of a minor child.
[Note: These provisions were removed by the House
Committee on Judiciary.]

House Committee on Judiciary
In the House Committee hearing on March 13, 2024,
proponent testimony was provided by an 18th Judicial
District judge; a representative of the Kansas Association of
Chiefs of Police, Kansas Peace Officers Association, and the
Kansas Sheriffs Association; and a representative of the
Kansas Coalition Against Sexual and Domestic Violence. The
proponents indicated the bill would provide a higher level of
penalty for repeat violators of protective orders. One
proponent also suggested an amendment that would remove
the fees for protection order service of process.
Written-only proponent testimony was provided by a
private citizen.
No other testimony was provided.
The House Committee amended the bill on March 21,
2024, by removing the provisions of the bill pertaining to
orders of restitution for support of a minor child, adding
provisions to remove fees charged by law enforcement for
service of process for protection order cases, and by making
a technical amendment to update a statutory supplement
reference.


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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Sentencing
Commission estimates enactment of the bill could increase
prison admissions and the number of beds needed, but that a
precise effect cannot be determined at this time.
The current estimated available bed capacity is 9,428 for
males and 936 for females. Based upon the Commission’s
most recent ten-year projection contained in its FY 2023 Adult
Inmate Prison Population Projections report, it is estimated
that the year-end population will total 7,933 male and 764
female inmates in FY 2023 and 8,043 male and 740 female
inmates in FY 2024.
The Office of Judicial Administration and the Department
of Corrections indicate enactment of the bill would not have a
fiscal effect.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Protective order; protection from stalking order; protection from sexual assault order;
protection from human trafficking order; violation


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Statutes affected:
As introduced: 21-5924
{As Amended by Senate Committee of the Whole}: 21-5924
As Amended by House Committee: 21-5924, 28-110