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:
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"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
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(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:
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Lieu Ann Elsey, CMC, ity Clerk
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Introduced: August 28, 2006
Passed: August 28, 2006
Alan E. Jil , Vice- ayor