Violence in the Workplace Law Summaries

Violence in the Workplace Law Summaries

Kansas, Violence in the Workplace Law Summaries

Kansas has laws relating to stalking (Kansas Statutes Annotated, Ch. 21, Pt. II, Art. 34; and Ch. 141 (S. 474), L. 2001 (Protection from Stalking Act)) and carrying concealed weapons.

DEFINITIONS

For the purposes of Sec. 21-3438, “course of conduct” means two or more acts over a period of time, however short, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof (Kan StatAnn, Sec. 21-3438(f), as amended by Ch. 137 (S. 414), L. 2007, enacted May 9, 2008):

1. Threatening the safety of the targeted person or a member of such person's immediate family.

2. Following, approaching or confronting the targeted person or a member of such person's immediate family.

3. Appearing in close proximity to, or entering the targeted person's residence, place of employment, school or other place where such person can be found, or the residence, place of employment or school of a member of such person's immediate family.

4. Causing damage to the targeted person's residence or property or that of a member of such person's immediate family.

5. Placing an object on the targeted person's property or the property of a member of such person's immediate family, either directly or through a third person.

6. Causing injury to the targeted person's pet or a pet belonging to a member of such person's immediate family.

7. Any act of communication.

For the purposes of the Protection from Stalking Act, “course of conduct” means conduct consisting of two or more separate acts over a period of time, however short, evidencing a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress. Constitutionally protected activity is not included within the meaning of “course of conduct” (Kan StatAnn, Sec. 60-31a02).

“Criminal trespass” is (Kan StatAnn, Sec. 21-3721, as amended by Ch. 141 (S. 474), L. 2001):

1. entering or remaining upon or in any land, nonnavigable body of water, structure, vehicle, aircraft or watercraft other than railroad property by a person who knows such person is not authorized or privileged to do so, and: (a) such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or (b) such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or (c) such person enters or remains therein in defiance of a restraining order issued pursuant to the Protection from Stalking Act, Secs. 60-1607, 60-3105, 60-3106 or 60-3107 or Secs. 38-1542, 38-1543 or 38-1563, and the restraining order has been personally served upon the person so restrained; or

2. entering or remaining upon or in any public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.

For the purposes of Sec. 21-3438 and the Protection from Stalking Act, “harassment” means a knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose (Kan StatAnn, Sec. 21-3438(d), as amended by Ch. 141 (S. 474), L. 2001; and Sec. 60-31a02).

See WHAT THE EMPLOYER MUST DO just below for the definition of “stalking” for purposes of Sec. 21-3438 (Kan StatAnn, Sec. 21-3438, as amended by Ch. 141 (S. 474), L. 2001).

For the purposes of the Protection from Stalking Act, “stalking” means an intentional harassment of another person that places the other person in reasonable fear for that person's safety (Kan StatAnn, Sec. 60-31a02).

WHAT THE EMPLOYER MUST DO

Stalking laws.- Stalking is (Kan StatAnn, Sec. 21-3438(a), as amended by Ch. 137 (S. 414), L. 2007, enacted May 9, 2008):

1. Intentionally or recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear;

2. intentionally engaging in a course of conduct targeted at a specific person which the individual knows will place the targeted person in fear for such person's safety or the safety of a member of such person's immediate family; or

3. after being served with, or otherwise provided notice of, any protective order included in Sec. 21-3843, and amendments thereto, that prohibits contact with a targeted person, intentionally or recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear.

Protection from Stalking Act.- A person may seek relief under the Protection from Stalking Act by filing a verified petition with the district judge or clerk of the court in the county where the stalking occurred. A verified petition must allege facts sufficient to show the following (Kan StatAnn, Sec. 60-31a04, as amended by Ch. 145 (H. 2642), L. 2007, enacted May 13, 2008):

1. the name of the stalking victim;

2. the name of the defendant;

3. the dates on which the alleged stalking behavior occurred; and

4. the acts committed by the defendant that are alleged to constitute stalking.

The victim's address and telephone number shall not be disclosed to the defendant or to the public, but only to authorized court or law enforcement personnel and to the commission on judicial performance in the discharge of the commission's duties pursuant to Article 32 of Chapter 20 of the Kansas Statutes Annotated, and amendments thereto (Kan StatAnn, Sec. 60-31a04, as amended by Ch. 145 (H. 2642, L. 2007, enacted May 13, 2008).

Within 20 days of the filing of a petition under the Protection from Stalking Act, a hearing shall be held at which the plaintiff must prove the allegation of stalking by a preponderance of the evidence and the defendant shall have an opportunity to present evidence on the defendant's behalf. Prior to the hearing on the petition and upon a finding of good cause shown, the court on motion of a party may enter such temporary relief orders as it deems necessary to protect the victim from being stalked (Kan StatAnn, Sec. 60-31a05).

The court may issue a protection from stalking order granting any of the following orders (Kan StatAnn, Sec. 60-31a06(a), as amended by Ch. 137 (S. 414), L. 2007, enacted May 9, 2008):

1. restraining the defendant from following, harassing, telephoning, contacting or otherwise communicating with the victim. Such order shall contain a statement that if such order is violated such violation may constitute stalking as provided in Sec. 21-3438 (see DEFINITIONS above), and violation of a protective order as provided in Sec. 21-3843.

2. restraining the defendant from abusing, molesting or interfering with the privacy rights of the victim. Such order shall contain a statement that if such order is violated, such violation may constitute stalking as provided in Sec. 21-3438 (see DEFINITIONS above), assault as provided in Sec. 21-3408, battery as provided in Sec. 21-3412, and violation of a protective order as provided in Sec. 21-3843.

3. restraining the defendant from entering upon or in the victim's residence or the immediate vicinity thereof. Such order shall contain a statement that if such order is violated, such violation shall constitute criminal trespass and violation of a protective order as provided in Sec. 21-3843.

4. any other order deemed necessary by the court to carry out this act.

A protection from stalking order shall remain in effect until modified or dismissed by the court and shall be for a fixed period of time not to exceed one year, except that, on motion of the plaintiff, such period may be extended for one additional year. Before the expiration of an order for protection from stalking, a victim, or a parent on behalf of the victim, may request an extension of the protection from stalking order for up to one additional year on showing of continuing threat of stalking (Kan StatAnn, Sec. 60-31a06(b), as amended by Ch. 137 (S. 414), L. 2007, enacted May 9, 2008).

Carrying concealed weapons.- Nothing in the Personal and Family Protection Act shall be construed to prevent (Kan StatAnn, Sec. 75-7c11, as amended by Ch. 166 (H. 2528), L. 2007, effective and in force from and after its publication in the Kansas Register):

1. Any public or private employer from restricting or prohibiting by personnel policies persons licensed under this act from carrying a concealed weapon while on the premises of the employer's business or while engaged in the duties of the person's employment by the employer, except that no employer may prohibit possession of a firearm in a private means of conveyance, even if parked on the employer's premises; or

2. Any private business or city, county or political subdivision from restricting or prohibiting persons licensed under this act from carrying a concealed weapon within a building or buildings of such entity, provided that the premises are posted, in accordance with rules and regulations adopted by the attorney general pursuant to this section, as premises where carrying a concealed weapon is prohibited.

<p>Carrying concealed weapons.— Nothing in the Personal and Family Protection Act shall be construed to prevent (Kan StatAnn, Sec. 75-7c11, as amended by Ch.</p>

Kansas, Violence in the Workplace Law Summaries

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