60-3112. Entering protection orders into the national criminal information center protection order file.
60-3112
60-3112. Entering protection orders into thenational criminal information center protection order file.(a) All temporary, amended, final and otherprotection from abuse orders issued pursuant to article 31 of chapter 60 oftheKansas Statutes Annotated, and amendments thereto, or protection ordersissued based on the laws of another jurisdiction which are entitled to fullfaith and credit in Kansas pursuant to the provisions of 18 U.S.C. 2265, andamendments thereto, shall be entered into the national criminal informationcenter protection order file.All emergency protection from abuse orders issuedpursuant to article 31 of chapter 60 of the Kansas Statutes Annotated, andamendments thereto, and such emergency orders issued based on the laws ofanother jurisdiction which are entitled to full faith and credit in Kansaspursuant to the provisions of 18 U.S.C. 2265, and amendments thereto, may beentered into the national criminal information center protection orderfile.A copy of these orders shall be delivered by theclerk of the court to the sheriff of the county where the order is issued orregistered. The sheriff's office shall immediately enter the order into thenational criminal information center and other appropriate databases after allmandatory identifiers are available. If the order is a foreign protectiveorder, the sheriff's office shall contact the issuing jurisdiction to verifythe order and request that such jurisdiction enter the order into the nationalcriminal information center and other appropriate databases. Any modificationof an order shall be forwarded immediately by the clerk of the court to thesheriff's office with jurisdiction to enforce the modified order. The sheriff'soffice shall ensure the accuracy of the entries and the court shall ensure thevalidity ofthe orders.
(b) All emergency andtemporary orders which have been entered into the national criminal informationcenter file shall be canceled upon the expiration of the time period set outin the court order, or, if no time period is set, no later than one year fromthe entry date. All other orders which have been entered into thenationalcriminal informationcenter protection order file shall be cleared as an active record from thecomputer system when:
(1) The order expires according to the terms of such order;
(2) a Kansas court notifies the law enforcement agency which has jurisdictionover the entry of the order that such order has been dismissed; or
(3) a foreign protective order has been invalidated by either a Kansas courtor a foreign court with jurisdiction over such order.
(c) This section shall be part of and supplemental to the protection fromabuse act.
History: L. 2001, ch. 177, § 3;L. 2002, ch. 142, § 4; July 1.