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
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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.
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(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