Kansas 2023-2024 Regular Session

Kansas House Bill HB2740 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2024
2	2	HOUSE BILL No. 2740
3	3	By Committee on Corrections and Juvenile Justice
4	4	Requested by Representative Thompson
5	5	2-7
6	6	AN ACT concerning crimes, punishment and criminal procedure; relating
7	7	to crimes against persons; increasing the criminal penalty for a third or
8	8	subsequent conviction of domestic battery; creating a mandatory
9	9	minimum sentence for aggravated domestic battery; amending K.S.A.
10	10	21-5414 and repealing the existing section.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 21-5414 is hereby amended to read as follows: 21-
13	13	5414. (a) Domestic battery is:
14	14	(1) Knowingly or recklessly causing bodily harm to a person with
15	15	whom the offender is involved or has been involved in a dating
16	16	relationship or a family or household member; or
17	17	(2) knowingly causing physical contact with a person with whom the
18	18	offender is involved or has been involved in a dating relationship or a
19	19	family or household member, when done in a rude, insulting or angry
20	20	manner.
21	21	(b) Aggravated domestic battery is:
22	22	(1) Knowingly impeding the normal breathing or circulation of the
23	23	blood by applying pressure on the throat, neck or chest of a person with
24	24	whom the offender is involved or has been involved in a dating
25	25	relationship or a family or household member, when done in a rude,
26	26	insulting or angry manner; or
27	27	(2) knowingly impeding the normal breathing or circulation of the
28	28	blood by blocking the nose or mouth of a person with whom the offender
29	29	is involved or has been involved in a dating relationship or a family or
30	30	household member, when done in a rude, insulting or angry manner.
31	31	(c) (1) Domestic battery is:
32	32	(A) Except as provided in subsection (c)(1)(B) or (c)(1)(C), a class B
33	33	person misdemeanor and the offender shall be sentenced to not less than
34	34	48 consecutive hours nor more than six months' imprisonment and fined
35	35	not less than $200, nor more than $500 or in the court's discretion the court
36	36	may enter an order which requires the offender to undergo a domestic
37	37	violence offender assessment conducted by a certified batterer intervention
38	38	program and follow all recommendations made by such program;
39	39	(B) except as provided in subsection (c)(1)(C), a class A person
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75	75	misdemeanor, if, within five years immediately preceding commission of
76	76	the crime, an offender is convicted of domestic battery a second time and
77	77	the offender shall be sentenced to not less than 90 days nor more than one
78	78	year's imprisonment and fined not less than $500 nor more than $1,000.
79	79	The five days' imprisonment mandated by this paragraph may be served in
80	80	a work release program only after such offender has served 48 consecutive
81	81	hours' imprisonment, provided such work release program requires such
82	82	offender to return to confinement at the end of each day in the work
83	83	release program. The offender shall serve at least five consecutive days'
84	84	imprisonment before the offender is granted probation, suspension or
85	85	reduction of sentence or parole or is otherwise released. As a condition of
86	86	any grant of probation, suspension of sentence or parole or of any other
87	87	release, the offender shall be required to undergo a domestic violence
88	88	offender assessment conducted by a certified batterer intervention program
89	89	and follow all recommendations made by such program, unless otherwise
90	90	ordered by the court; and
91	91	(C) a severity level 7, person felony, if, within five years immediately
92	92	preceding commission of the crime, an offender is convicted of domestic
93	93	battery a third or subsequent time, and .
94	94	(2) Aggravated domestic battery is a severity level 7, person felony.
95	95	(3) The following conditions shall apply to a sentence for a violation
96	96	of subsection (c)(1)(C) and (c)(2):
97	97	(A) As a condition of any probation granted under subsection (c)(1)
98	98	(C) or (c)(2), the offender shall be sentenced to not less than serve at least
99	99	90 days nor more than one year's of imprisonment and fined not less than
100	100	$1,000 nor more than $7,500.;
101	101	(B) the offender convicted shall not be eligible for release on
102	102	probation, suspension or reduction of sentence or parole until the offender
103	103	has served at least the mandatory sentence of 90 days' imprisonment. As a
104	104	condition of any grant of probation, suspension of sentence or parole or of
105	105	any other release, days; and
106	106	(C) the offender shall be required to undergo a domestic violence
107	107	offender assessment conducted by a certified batterer intervention program
108	108	and follow all recommendations made by such program, unless otherwise
109	109	ordered by the court. If the offender does not undergo a domestic violence
110	110	offender assessment conducted by a certified batterer intervention program
111	111	and follow all recommendations made by such program, the offender shall
112	112	serve not less than 180 days nor more than one year's year of
113	113	imprisonment. The 90 days' imprisonment mandated by this paragraph
114	114	may be served in a work release program only after such offender has
115	115	served 48 consecutive hours imprisonment, provided such work release
116	116	program requires such offender to return to confinement at the end of each
117	117	day in the work release program.
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161	161	(2) Aggravated domestic battery is a severity level 7, person felony.
162	162	(d) In determining the sentence to be imposed within the limits
163	163	provided for a first, second, third or subsequent offense under this section,
164	164	a court shall consider information presented to the court relating to any
165	165	current or prior protective order issued against such person.
166	166	(e) As used in this section:
167	167	(1) "Dating relationship" means a social relationship of a romantic
168	168	nature. In addition to any other factors the court deems relevant, the trier
169	169	of fact may consider the following when making a determination of
170	170	whether a relationship exists or existed: Nature of the relationship, length
171	171	of time the relationship existed, frequency of interaction between the
172	172	parties and time since the termination of the relationship, if applicable;
173	173	(2) "family or household member" means persons 18 years of age or
174	174	older who are spouses, former spouses, parents or stepparents and children
175	175	or stepchildren, and persons who are presently residing together or who
176	176	have resided together in the past, and persons who have a child in common
177	177	regardless of whether they have been married or who have lived together
178	178	at any time. "Family or household member" also includes a man and
179	179	woman if the woman is pregnant and the man is alleged to be the father,
180	180	regardless of whether they have been married or have lived together at any
181	181	time; and
182	182	(3) "protective order" means:
183	183	(A) A protection from abuse order issued pursuant to K.S.A. 60-3105,
184	184	60-3106 or 60-3107, and amendments thereto;
185	185	(B) a protective order issued by a court or tribunal of any state or
186	186	Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265;
187	187	(C) a restraining order issued pursuant to K.S.A. 2023 Supp. 23-2707,
188	188	38-2243, 38-2244 or 38-2255, and amendments thereto, or K.S.A. 60-
189	189	1607, prior to its transfer;
190	190	(D) an order issued in this or any other state as a condition of pretrial
191	191	release, diversion, probation, suspended sentence, postrelease supervision
192	192	or at any other time during the criminal case or upon appeal that orders the
193	193	person to refrain from having any direct or indirect contact with a family
194	194	or household member;
195	195	(E) an order issued in this or any other state as a condition of release
196	196	after conviction or as a condition of a supersedeas bond pending
197	197	disposition of an appeal, that orders the person to refrain from having any
198	198	direct or indirect contact with another person; or
199	199	(F) a protection from stalking order issued pursuant to K.S.A. 60-
200	200	31a05 or 60-31a06, and amendments thereto.
201	201	(f) For the purpose of determining whether a conviction is a first,
202	202	second, third or subsequent conviction in sentencing under subsection (c)
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247	247	(1) "Conviction" includes being convicted of a violation of K.S.A.
248	248	21-3412a, prior to its repeal, this section or entering into a diversion or
249	249	deferred judgment agreement in lieu of further criminal proceedings on a
250	250	complaint alleging a violation of this section;
251	251	(2) "conviction" includes being convicted of a violation of a law of
252	252	another state, or an ordinance of any city, or resolution of any county,
253	253	which prohibits the acts that this section prohibits or entering into a
254	254	diversion or deferred judgment agreement in lieu of further criminal
255	255	proceedings in a case alleging a violation of such law, ordinance or
256	256	resolution;
257	257	(3) only convictions occurring in the immediately preceding five
258	258	years including prior to July 1, 2001, shall be taken into account, but the
259	259	court may consider other prior convictions in determining the sentence to
260	260	be imposed within the limits provided for a first, second, third or
261	261	subsequent offender, whichever is applicable; and
262	262	(4) it is irrelevant whether an offense occurred before or after
263	263	conviction for a previous offense.
264	264	(g) A person may enter into a diversion agreement in lieu of further
265	265	criminal proceedings for a violation of subsection (a) or (b) or an
266	266	ordinance of any city or resolution of any county which prohibits the acts
267	267	that subsection (a) or (b) prohibits only twice during any five-year period.
268	268	Sec. 2. K.S.A. 21-5414 is hereby repealed.
269	269	Sec. 3. This act shall take effect and be in force from and after its
270	270	publication in the statute book.
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