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06-10352 Domestic Battery(Published in the Salina Journal on September A, 2006.) ORDINANCE NUMBER 06-10352 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE III, OF THE SALINA n CODE BY ADDING SECTION 25-51.1 PERTAINING TO DOMESTIC BATTERY. W BE ORDAINED by the Governing Body of Salina, Kansas: Section 1. That Chapter 25, Article III, Section 25-51.1 of the Salina Code is hereby add and read as follows: 71J "Sec. 25-51.1. Domestic Battery. (a) Domestic Battery is: (1) Intentionally or recklessly causing bodily harm by a family or household member against a family or household member; or (2) Intentionally causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner. (b) (1) Upon a first conviction of a violation of 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 the crime, a person is convicted of a violation of domestic battery a second time, such person shall be guilt of a Class A violation and sentenced to not less than 90 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 of 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. (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 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; and (2) For the purpose of determining whether a conviction is a first or second conviction in sentencing under this section: (a) Conviction includes being convicted of a violation of this section or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section; (b) Conviction includes being convicted of a violation of a law of another state, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution; (c) Only convictions occurring in the immediately preceding five years including prior to the effective date of this act shall be taken into if account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first or second offender, whichever is applicable; and D (d) It is irrelevant whether an offense occurred before or after conviction for a previous offense. (e) A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section or an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits only twice during any three-year period." Section 2. That the existing Section 25-51.1 is hereby added. 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: vtl�� � Lieu Ann Elsey, CMC, ity Clerk 1 Introduced: August 28, 2006 Passed: August 28, 2006 Alan E. Jil , Vice- ayor