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AN ACT concerning crimes and punishment; relating to criminal trespass;
  amending K.S.A. 1996 Supp. 21-3721 and repealing the existing
  section.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 21-3721 is hereby amended to read as
follows: 21-3721. (a) Criminal trespass is:
  (1) (A)  Entering or remaining upon or in any structure which is an
occupied dwelling by a person who knows such person is not authorized
or privileged to do so; or
  (B)  entering or remaining upon or in any structure which is an un-
occupied dwelling by a person who knows such person is not authorized
or privileged to do so; or
  (C)  entering or remaining upon or in any land, nonnavigable body of
water, structure which is not a dwelling, vehicle, aircraft or watercraft
other than railroad property as defined in K.S.A. 1996 Supp. 21-3761 and
amendments thereto by a person who knows such person is not author-
ized or privileged to do so,; and:
  (A) (i)  Such person enters or remains therein in defiance of an order
not to enter or to leave such premises or property personally communi-
cated to such person by the owner thereof or other authorized person;
or
  (B) (ii)  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) (iii)  such person enters or remains therein in defiance of a re-
straining order issued pursuant to K.S.A. 60-1607, 60-3105, 60-3106 or
60-3107 or K.S.A. 38-1542, 38-1543 or 38-1563, and amendments
thereto, 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.
  (b)  As used in this section:
  (1)  ``Health care facility'' means any licensed medical care facility,
certificated health maintenance organization, licensed mental health cen-
ter, or mental health clinic, licensed psychiatric hospital or other facility
or office where services of a health care provider are provided directly to
patients.
  (2)  ``Health care provider'' means any person: (A) Licensed to prac-
tice a branch of the healing arts; (B) licensed to practice psychology; (C)
licensed to practice professional or practical nursing; (D) licensed to prac-
tice dentistry; (E) licensed to practice optometry; (F) licensed to practice
pharmacy; (G) registered to practice podiatry; (H) licensed as a social
worker; or (I) registered to practice physical therapy.
  (c) (1)  Criminal trespass as described in subsection (a)(1)(A) is a se-
verity level 9, person felony.
  (2)  Criminal trespass as described in subsection (a)(1)(B) is a severity
level 10, person felony.
  (3)  Criminal trespass as described in subsection (a)(1)(C) or (a)(2) is
a class B nonperson misdemeanor.
  (2) (4)  Upon a conviction of a violation of subsection (a)(1)(C)
(a)(1)(A)(iii), (a)(1)(B)(iii) or (a)(1)(C)(iii), a person shall be sentenced to
not less than 48 consecutive hours of imprisonment which must be served
either before or as a condition of any grant of probation or suspension,
reduction of sentence or parole.
  Sec. 2.  K.S.A. 1996 Supp. 21-3721 is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the statute book.