Session of 2000
SENATE BILL No. 484
By Committee on Judiciary
1-25
10 AN ACT
concerning crimes, criminal procedure and punishment; relat-
11 ing to domestic
battery; amending K.S.A. 1999 Supp. 21-3412 and
12 repealing the existing
section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 21-3412 is hereby amended to read as
16 follows: 21-3412. (a) Battery is:
17 (1) Intentionally
or recklessly causing bodily harm to another person;
18 or
19 (2) intentionally
causing physical contact with another person when
20 done in a rude, insulting or angry
manner.
21 (b) Except as
provided in subsection (c), battery is a class B person
22 misdemeanor.
23 (c)
(1) Upon a first conviction of a violation of this section
under
24 circumstances which constitute a domestic
battery, a person shall be guilty
25 of a class B person misdemeanor and
sentenced to not less than 48 con-
26 secutive hours nor more than six months'
imprisonment and fined not
27 less than $200, nor more than $500 or in
the court's discretion the court
28 may enter an order which requires the
person enroll in and successfully
29 complete a domestic violence prevention
program.
30 (2) If, within
five years immediately preceding commission of the
31 crime, a person is convicted of a violation
of this section a second time
32 under circumstances which constitute a
domestic battery, such person
33 shall be guilty of a class A person
misdemeanor and sentenced to not less
34 than 90 days nor more than one year's
imprisonment and fined not less
35 than $500 nor more than $1,000. The five
days' imprisonment mandated
36 by this subsection may be served in a work
release program only after
37 such person has served 48 consecutive
hours' imprisonment, provided
38 such work release program requires such
person to return to confinement
39 at the end of each day in the work release
program. The person convicted
40 must serve at least five consecutive days'
imprisonment before the person
41 is granted probation, suspension or
reduction of sentence or parole or is
42 otherwise released. As a condition of any
grant of probation, suspension
43 of sentence or parole or of any other
release, the person shall be required
2
1 to enter into and complete a
treatment program for domestic violence
2 prevention.
3 (3) If,
within five years immediately preceding commission of the
4 crime, a person is convicted of a
violation of this crime a third or subse-
5 quent time under circumstances which
constitute a domestic battery,
6 such person shall be guilty of a
person felony and sentenced to not less
7 than 90 days nor more than one year's
imprisonment and fined not less
8 than $1,000 nor more than $2,500. The
person convicted shall not be
9 eligible for release on probation,
suspension or reduction of sentence or
10 parole until the person has served at least
90 days' imprisonment. The
11 court may also require as a condition of
parole that such person enter
12 into and complete a treatment program for
domestic violence. The 90
13 days' imprisonment mandated by this
subsection may be served in a work
14 release program only after such person has
served 48 consecutive hours'
15 imprisonment, provided such work release
program requires such person
16 to return to confinement at the end of each
day in the work release
17 program.
18 (4) As used in
this section: (A) Domestic battery means a battery
19 against a family or household
member by a family or household member
20 upon a person with whom the defendant is
or has been involved in an
21 intimate relationship;
22
(B) family or household member means persons 18 years
of age or
23 older who are intimate
relationship means a relationship between spouses,
24 former spouses, parents or
stepparents and children or stepchildren, and
25 persons who are presently residing
together or who have resided together
26 in the past, and past
or present unmarried couples, or persons who
have
27 a child in common who
are both the parents of the same child regardless
28 of whether they have been married or who
have lived together at any
29 time. Family or household member
also includes a man and woman if
30 the woman is pregnant and the man
is alleged to be the father, regardless
31 of whether they have been married
or have lived together at any time;
32 and
33 (C) for the
purpose of determining whether a conviction is a first,
34 second, third or subsequent conviction in
sentencing under this section:
35 (i) "Conviction"
includes being convicted of a violation of this section
36 or entering into a diversion or deferred
judgment agreement in lieu of
37 further criminal proceedings on a complaint
alleging a violation of this
38 section;
39 (ii) "conviction"
includes being convicted of a violation of a law of
40 another state, or an ordinance of any city,
or resolution of any county,
41 which prohibits the acts that this section
prohibits or entering into a di-
42 version or deferred judgment agreement in
lieu of further criminal pro-
43 ceedings in a case alleging a violation of
such law, ordinance or resolution;
3
1 (iii) only
convictions occurring in the immediately preceding five
2 years including prior to the
effective date of this act shall be taken into
3 account, but the court may consider
other prior convictions in determin-
4 ing the sentence to be imposed within
the limits provided for a first,
5 second, third or subsequent offender,
whichever is applicable; and
6 (iv) it is
irrelevant whether an offense occurred before or after con-
7 viction for a previous
offense.
8 Sec. 2. K.S.A. 1999 Supp.
21-3412 is hereby repealed.
9 Sec. 3. This act
shall take effect and be in force from and after its
10 publication in the statute book.