Question:
Eryn from Johnson County ask me about my position on the amendment of Sen. Franken proposed in response to the gang rape of Jamie Leigh Jones. She also ask me waht plans I had to address this issue in the state of Kansas. She noted she would love to see a dialogue finally begin in Kansas about breaking the cycle of violence.

Patricia's Answer:
Dear Eryn,

Thank you for your e-mail regarding the Franken Amendment, which would prohibit the Defense Department from contracting with any company that requires its employees to use arbitration to resolve certain claims.

I share your passion in support of fighting sexual and domestic violence, and agree we must do what we can to stem this. The case of Jamie Leigh Jones was horrible, and I was pleased to learn that courts have ruled she can pursue her lawsuit -- that her arbitration agreement does not prevent her from pursuing her sexual assault claims in court.

On the specific "Franken Amendment" in question, it appears from my research that the reason the bill was opposed by 3/4 of the Republican Seantors was because it was not narrowly tailored to address cases like Jamie Leigh Jones. Instead, its impact would have been much broader, interfering in the relationship between private companies and their employees, essentially banning arbitration, which could have a negative impact on employees.

We have to be careful in situations like this not to go too far in how we apply laws, and instead address the issue at hand -- in this case, ensuring that victims of sexual assault have their day in court, which I strongly support. Unfortunately, in this case, it appears the Franken Amendment, which did pass, had negative consequences that would go far beyond the positive impact it would have in cases like Jamie Leigh Jones.

If elected, I would work to support legislation which meet the specific goals you mentioned -- stemming sexual and domestic violence.. If amendments or bills come to my attention which meet that goal, I would support them.

As for our efforts in Kansas, when I was in the legislature, I supported and voted on the folllowing bills to fight sexual and domestic violence in our state which were enacted into law:

• SB 474 - Enacted a new Protection from Stalking Act. The bill authorizes victims of stalking to file a petition in district court seeking protection from stalking order. -- 2002
• SB 475 - Amended the Protection from Abuse Act to expand the list of those persons who may obtain a protection from abuse order to include persons who are or have been in a dating relationship. -- 2002
• SB 205 - Requires protection from abuse orders to be entered into the National Criminal Information Center (NCIC), database, recodifies the domestic battery law, and authorizes local domestic violence special program funds. -- 2001
• HB 2176 - Omnibus Crime Bill which among other things expanded crimes and criminal procedure involving unlawful sexual relations, DNA testing, theft, competency to stand trial and the Offender Registration Act. -- 2001
• HB 2805 - Increases the sentence for repeat domestic battery convictions. -- 2000

• Rep. Kasha Kelley, a Republican from Arkansas City, has a bill which would further address the issue of stalking.
• In 2009, the Kansas Legislature passed Kelsey's Law, which requires that cell phone companies to assist law enforcement to determine the location of a cell phone in emergencies. It was signed into law.
• In 2007, the Kansas Legislature passed Alexa's Law, protecting pregnant women and their unborn children from acts of violence. The legislation allowed two charges when a criminal kills both a pregnant mother and her unborn child in an act of violence. It was signed into law.

Thanks again for your email.

Patricia