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96-9759 Offenses(Published in The Salina Journal September /3 , 1996) ORDINANCE NUMBER 96-9759 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS 25-519 52, 56, 97, 112 AND 136 OF THE SALINA CODE PERTAINING TO OFFENSES AND MISCELLANEOUS PROVISIONS AND REPEALING THE EXISTING SECTIONS. Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That Sections 25-51, 52, 56, 97, 112 and 136 of the Salina Code are hereby amended to read as follows: "Section 25-51. Battery. (a) Battery is: (1) Intentionally or recklessly causing bodily harm to another person; or (2) Intentionally causing physical contact with another person when done in a rude, insulting or angry manner. (b) Except as provided in subsection (c) , battery is a Class B violation. (c) (1) Upon a first conviction of a violation of this section under circumstances which constitute a domestic battery, a person shall be guilty of a Class B violation and sentenced to not less than 48 consecutive hours nor more than six months' imprisonment and fined not less than $200, nor more than $500 or in the court's discretion the court may enter an order which requires the person enroll in and successfully complete a domestic violence prevention program. (2) If, within five years immediately preceding commission of crime, a person is convicted of a violation of this section a second time under circumstances which constitute a battery, having at least one time before within such period been convicted for such crime or a violation of a comparable crime under the laws of any municipality, state, federal government or foreign government, such person shall be guilty of a Class A violation and sentenced to not less than 5 days nor more than one year's imprisonment and fined not less than $500 nor more than $1,000. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted must serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or , parole or is otherwise released. As a condition of any grant or probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for domestic violence prevention. (3) If, within five years immediately preceding commission of the crime, a person is convicted of a violation of this crime a third or subsequent CwudihmtrSellna time under circumstance which constitute a domestic battery, such person shall be guilty of a Class A violation and sentenced to not less than 90 days nor more than one years' imprisonment and fined not less than $1,000 nor more than $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The court may also require as a condition of parole that such person enter into and complete a treatment program for domestic violence. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. (4) As .used in this section: (A) Domestic battery means a battery against a family or household member by a family or household member; and (B) 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 persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time. Section 25-52. Battery against law enforcement officer. Battery against a law enforcement officer is a battery, as defined in section 25-51 of this article, committed against a uniformed or properly identified state, county or city law enforcement officer other than a correctional officer or employee, while such officer is engaged in the performance of his or her duty. Battery against a law enforcement officer is a Class A violation. Section 25-56. Resisting arrest. It shall be unlawful for any person to assault or strike, or in any manner resist, obstruct or oppose any law enforcement officer, his deputy, or lawful assistant in the making of any lawful detention, stop or arrest. Resisting arrest is a Class A violation. Section 25-97. Criminal trespass. (1) Criminal trespass is entering or remaining upon or in any land, structure, vehicle, aircraft or watercraft by a person, when: (a) Such person knows or reasonably should know that he or she is not authorized or privileged to do so; or (b) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or (c) 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 (d) Such person enters or remains therein in defiance of a restraining 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. (2) (a) 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, certified health maintenance organization, licensed mental health center, 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 practice a branch of the healing arts; (B) Licensed to practice psychology; (C) Licensed to practice professional or practical nursing; (D) Licensed to practice dentistry; (E) Licensed to practice optometry; (F) Licensed to practice pharmacy; (G) Licensed to practice podiatry; (H) Licensed as a social worker; or (I) Registered to practice physical therapy. (c) Criminal trespass is a Class B violation. (l) If a person is arrested on a warrant or arrested on probable cause without a warrant, pursuant to a violation of subsection (1)(d), such person shall not be allowed to post bond pending such person's first appearance in court provided that a first appearance occurs within 48 hours after arrest. GM Swm (2) Upon a conviction of a violation of subsection (1)(d), 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 or reduction of sentence. Section 25-112. Obstructing legal process or official duty. Obstructing legal process or official duty is knowingly and willfully obstructing, resisting, opposing or interfering with any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty. Obstructing legal process or official duty is a Class A violation. Section 25-136. Loitering or trespassing on grounds of any public or private school or institution. (a) It shall be unlawful for any person to loiter or trespass on or about the premises and grounds of any public or private school; of the public library; or around any assembly of persons at school or public activities or athletic events whether or not such events are being conducted by public or private school authorities. (b) It shall be unlawful for any person or student who is not regularly enrolled in a public or private school; or who has been suspended or dismissed from a public or private school; to persist in staying or remaining on or about the premises or grounds without any lawful purpose. Loitering or trespassing on grounds of any public or private school or institution is a Class B violation." Section 2. That the existing Sections 25-51, 52, 56, 97, 112 and 136 of the Salina Code are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. {SEAL} ATTEST: �. ed D. ong, CMC,tty Clerk Introduced: August 26, 1996 Passed: September 9, 1996 x"�. Evelyn Maxwell, Mayor