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Legislation #: 080765 Introduction Date: 7/24/2008
Type: Ordinance Effective Date: 8/31/2008
Sponsor: COUNCILMEMBERS JOLLY, CIRCO, GOTTSTEIN, JOHNSON, MARCASON, SHARP, SKAGGS, CURLS, HERMANN, SANDERS BROOKS, FUNKHOUSER AND RILEY
Title: Amending Chapter 50, Code of Ordinances, by enacting a new Section 50-47, Violation of Order of Protection.

Legislation History
DateMinutesDescription
7/24/2008 Filed by the Clerk's office
7/24/2008 Referred to Public Safety and Neighborhoods Committee
7/30/2008 Hold On Agenda (8/13/2008)
8/13/2008 Do Pass
8/14/2008 Assigned to Third Read Calendar
8/21/2008 Passed

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ORDINANCE NO. 080765

 

Amending Chapter 50, Code of Ordinances, by enacting a new Section 50-47, Violation of Order of Protection.

 

WHEREAS, there are citizens who have been the victims of domestic and other threatened violence which have sought and been granted orders of protection by Missouri courts and courts of other jurisdictions; and

 

WHEREAS, there are a significant number of orders of protection violated within the Citys corporate limits for which there are not the resources available to the Kansas City, Missouri Police Department to prosecute such violations of orders of protection as a violation of a Missouri criminal statute; and

 

WHEREAS, the Council desires that the Kansas City, Missouri Police Department have the resources of the City Prosecutors Office and the Municipal Court available for the prosecution of violations of orders of protection so that domestic and other violence can be better deterred and penalized; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting in Article II, Offenses Against the Administration of Justice a new Section 50-47, Violation of an Order of Protection, to read as follows:

 

Sec. 50-47. Violation of an Order of Protection

 

(a) It shall be unlawful for any person to violate the terms or conditions of a full order of protection entered by a court of the State of Missouri or by any other state, tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

 

(b) A copy of an order of protection entered by a court of the State of Missouri or a certified copy of an order of protection entered by any other state, tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia shall be prima facie evidence of the existence and validity of the order of protection.

 

(c) Refusal of the person whose benefit the order of protection was issued to sign a complaint or to testify shall not be a defense to a violation of a full order of protection.

 

______________________________________________

 

Approved as to form and legality:

 

___________________________________

Martha S. Rigby

Assistant City Attorney