State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11976

21-3834

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3834.   Civil remedies, court orders authorized.(a) In its discretion and upon good cause (which may includebut is not limited to the declaration of a party's attorney) to believethat intimidation or dissuasion of any victimor witness has occurred or is reasonably likely to occur, any court havingjurisdiction over any civil or criminal matter may issue any reasonableorder necessary to remedy or prevent the intimidation or dissuasion, includingbut not limited to an order that:

      (1)   Any person before the court, including but notlimited to a party, subpoenaed witness or other person entering the courtroomof the court, not violate any provision of this act;

      (2)   any person described in this section maintain a prescribed geographicdistance from any specified witness or victim;

      (3)   any person described in this section have no communication whatsoeverwith any specified witness or victim, except through an attorney under suchreasonable restrictions as the court imposes;

      (4)   calls for a hearing to determine if an order described in subsection(1), (2) or (3) should be issued; or

      (5)   a particular law enforcement agency within the jurisdiction of thecourt provide protection for a victim or witness.

      (b)   Actions by a law enforcement agency pursuant to an order issued undersubsection (a)(5) shall be considered to be police protection within theexemption from liability under the Kansas tort claims act for damages resultingfrom the failure to provide, or the method of providing, police protection.

      History:   L. 1983, ch. 108, § 4; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11976

21-3834

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3834.   Civil remedies, court orders authorized.(a) In its discretion and upon good cause (which may includebut is not limited to the declaration of a party's attorney) to believethat intimidation or dissuasion of any victimor witness has occurred or is reasonably likely to occur, any court havingjurisdiction over any civil or criminal matter may issue any reasonableorder necessary to remedy or prevent the intimidation or dissuasion, includingbut not limited to an order that:

      (1)   Any person before the court, including but notlimited to a party, subpoenaed witness or other person entering the courtroomof the court, not violate any provision of this act;

      (2)   any person described in this section maintain a prescribed geographicdistance from any specified witness or victim;

      (3)   any person described in this section have no communication whatsoeverwith any specified witness or victim, except through an attorney under suchreasonable restrictions as the court imposes;

      (4)   calls for a hearing to determine if an order described in subsection(1), (2) or (3) should be issued; or

      (5)   a particular law enforcement agency within the jurisdiction of thecourt provide protection for a victim or witness.

      (b)   Actions by a law enforcement agency pursuant to an order issued undersubsection (a)(5) shall be considered to be police protection within theexemption from liability under the Kansas tort claims act for damages resultingfrom the failure to provide, or the method of providing, police protection.

      History:   L. 1983, ch. 108, § 4; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11976

21-3834

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3834.   Civil remedies, court orders authorized.(a) In its discretion and upon good cause (which may includebut is not limited to the declaration of a party's attorney) to believethat intimidation or dissuasion of any victimor witness has occurred or is reasonably likely to occur, any court havingjurisdiction over any civil or criminal matter may issue any reasonableorder necessary to remedy or prevent the intimidation or dissuasion, includingbut not limited to an order that:

      (1)   Any person before the court, including but notlimited to a party, subpoenaed witness or other person entering the courtroomof the court, not violate any provision of this act;

      (2)   any person described in this section maintain a prescribed geographicdistance from any specified witness or victim;

      (3)   any person described in this section have no communication whatsoeverwith any specified witness or victim, except through an attorney under suchreasonable restrictions as the court imposes;

      (4)   calls for a hearing to determine if an order described in subsection(1), (2) or (3) should be issued; or

      (5)   a particular law enforcement agency within the jurisdiction of thecourt provide protection for a victim or witness.

      (b)   Actions by a law enforcement agency pursuant to an order issued undersubsection (a)(5) shall be considered to be police protection within theexemption from liability under the Kansas tort claims act for damages resultingfrom the failure to provide, or the method of providing, police protection.

      History:   L. 1983, ch. 108, § 4; July 1.