06-10352 Affidavit of Publication
Following is a true and correct copy of Ordinance No.06-10352
together with proof of publication of the same. _
(Published In The Salina eludes a men'an. worn-li
Journal September 2,2006) an if the woman i. preg-
ORDINANCE NUMBER nant and the ma is al-
AFFIDAVIT AN ORDINANCE 06-10 leged be the father,
DINANCE regardlea ss of hether
AMENDING CHAPTER 25, they have been arried
ARTICLE III,OF THE SALI- or have lived tog:ther at
I, Nicole Veatch ,beiri NA CODE BY ADDING I any time;and
g SECTION 25-51.1 PER- (2) For the pur.ose of
TAINING TO DOMESTIC determining whe her a
BATTERY. ' conviction is a irst or
duly sworn,declare that I am the Classified BE ORDAINED by the seconc convicti.n in
Governing Body of Salina, sentencing and:r this
Kansas: section:
Coordinator of THE SALINA JOURNAL,a daily news- Section 1. That Chapter (a) Conviction i eludes
25, Article III, Section 25- being convicted •f a vio-
51.1 of the Salina Code is Cation of this section or
paper published at Salina,Saline County,Kansas,and hereby add and read as fol- entering into a dversion
lows: or deferred j •gment
"Sec. 25-51.1. Domestic agreement in lie of fur-
of general circulation in said county,which newspaper Battery. ther criminal •oceed-
(a)Domestic Battery is: ings on a corn.aint al-
(1) Intentionally or reck- 1 leging a violatio of this
has been continuously and uninterruptedly published lessly causing bodily section;
y p y h harm by a family or I (b) Conviction ncludes
household member being convicted •f a vio-
against a family or lation of a law of another
for five consecutive years prior to first publication of at- household member;or state,or an ordi ance of
(2) Intentionally causing any city,or reso ution of .
physical contact with a any county, wh ch pro-
tached notice,and that the attached family or household hibits the acts hat this
member by a family or section prohibit- or en-
household member tering into a dive rsion or
Ordinance No.06-10352 when done in a rude,in- deferred j dgment
suiting or angry manner. agreement in lie of fur-
(b) (1) Upon a first con- ther criminal •roceed-
has been correctly published in said newspaper 1 viction of a violation of ings in a case aleging a
domestic battery, a per- violation of such law,or-
, son shall be guilty of a dinance or resol tion;
times, the first publication given in Class B violation and (c) Only convic ions oc-
sentenced to not less curving in the im ediate-
than 48 consecutive ly preceding fi e years
the issue of September 2 2006. _ hours nor more than six including prior t. the ef-
months' imprisonment fective date of this act
jj - and fined not less than shall be taken into ac-
`� l\'( l(��_tyl � $500, nor more than count,but the curt may
[(, $500 or in the court's consider other.rior con-
discretion the court may victions in de ermining
enter an order which re- the sentence t'. be itn-
/-- h quires the person enroll posed within t e limits
Subscribed and sworn to before me, this , in and successfully corn- provided for . first or
�n plete a domestic vio- second offend: , which-
day of _Lee -c-Pmi hi f gram prevention pro- ever is applieva t and
A.D. 2006 gram. (d)It is irreleva t wheth-
(2) If, within five years er an offense occurred
immediately preceding before or after•onviction
commission of the crime, for a previous o ense.
a person is convicted of (e) A person ay enter
/ a violation of domestic into a diversi.n agree-
Notary Public battery a second time, ment in lieu .1 further
such person shall be criminal prose:dings for
guilt of a Class A viola- a violation of t is section
tion and sentenced to or an ordinan.- of any
not less than 90 days city or resoluti.n of any
nor more than one county which prohibits
year's imprisonment and the acts that t is section
fined not less than$500 prohibits only ice dur-
nor more than $1,000. ing any three-,ear pen-
s NOTARY PUBLIC-State of Kansas mentf'mandatedrnby'his Section 2.That the exist-
ing WENDY CHROBAIS subsection may be ing Section 25-51. is here-
My Appt.Exp. -Z 1'l served in a work release by added.
program only after such Section 3,That this ordi-
person has served 48 nance shall be in full force
consecutive hours' im- - - ,.
prisonment, provided and effect from a d after its
such work release pro- adoption and •ublication
gram requires such per- once in the official city news-
son to return to confine- paper.
ment at the end of each Introduced:Aug 28,2006
day in the work release Passed:Aug.2:,2006
program. The person
convicted must serve at
Alan E.Jilka,Vi e-Mayor
least five consecutive
days' imprisonment be- [SEAL]
fore the person is grant-
ed probation, suspen- ATTEST:
sion or reduction of sen- I Lieu Ann Elsey
tence or parole or is oth- i CMC,City Clerk (1t)
erwise released. As a
condition of any grant of
probation,suspension of
sentence or parole or of
other release, the
person shall be required
to enter into and com-
plete a treatment pro-
gram for domestic vio-
lence prevention.
(c)As used in this section:
(1) Family or household
member means persons
18 years of age or older
who are spouses,former
spouses, parents or
stepparents and children
or stepchildren,and per-
sons who are.presently
residing together or who
have resided together in
the past, and persons
who have a child in com-
mon regardless of
whether they have been
married or who have
lived together at any
time. Family or house-
hold member also in-