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Legislation #: 140711 Introduction Date: 8/28/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS TAYLOR, SHARP, MARCASON, CIRCO, REED, BROOKS, CURLS, DAVIS AND WAGNER
Title: Amending Section 50-47, Code of Ordinances, “Violation of an order of protection,” to include the violation of ex parte orders of protection as a violation and to increase the maximum fine to $1,000.00.

Legislation History
DateMinutesDescription
8/28/2014 Filed by the Clerk's office
8/28/2014 Referred to Public Safety & Emergency Services Committee
9/3/2014 Advance and Do Pass, Debate
9/4/2014 Councilmember Ford (Second by Taylor) Move To Re-refer
9/4/2014 Re-Referred Public Safety & Emergency Services Committee
9/10/2014 Advance and Do Pass as a Committee Substitute, Debate
9/11/2014 Passed as Substituted

View Attachments
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140711.pdf Authenticated 116K Authenticated
140711 Fact Sheet.pdf Fact Sheet 113K Revised Fact Sheet
140711 Compared.pdf Compared Version 155K Compared Version

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140711

 

Amending Section 50-47, Code of Ordinances, “Violation of an order of protection,” to include the violation of ex parte orders of protection as a violation and to increase the maximum fine to $1,000.00.

WHEREAS, orders of protection are initially entered as ex parte orders of protection until a hearing is held and a full order of protection is entered; and

WHEREAS, Section 50-47 as enacted on August 21, 2008, only allows for violations of full orders of protection, and not ex parte orders of protection, to be prosecuted in the City of Kansas City Municipal Court; and

 

WHEREAS, in the interest of public safety, it should be possible for both ex parte and full orders of protection to be prosecuted in the City of Kansas City Municipal Court; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Section 50-47, Code of Ordinances, is amended to read as follows:

 

Sec. 50-47. Violation of an order of protection.

 

(a) It shall be unlawful for any person who has notice of an ex parte order of protection or a full order of protection entered by a court of the state or a comparable order entered by a court of any other state, tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia to violate such order.

 

(b) A copy of an order of protection entered by a court of the state or a certified copy of a comparable order 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 or comparable order.

 

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

 


 

(d) Penalty. Any person violating the provisions of this section shall, upon being found guilty thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.

 

________________________________________________

 

Approved as to form and legality:

 

_______________________________

Keith Ludwig

City Prosecutor