Session of 2024
HOUSE BILL No. 2740
By Committee on Corrections and Juvenile Justice
Requested by Representative Thompson
2-7
AN ACT concerning crimes, punishment and criminal procedure; relating
to crimes against persons; increasing the criminal penalty for a third or
subsequent conviction of domestic battery; creating a mandatory
minimum sentence for aggravated domestic battery; amending K.S.A.
21-5414 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5414 is hereby amended to read as follows: 21-
5414. (a) Domestic battery is:
(1) Knowingly or recklessly causing bodily harm to a person with
whom the offender is involved or has been involved in a dating
relationship or a family or household member; or
(2) knowingly causing physical contact with a person with whom the
offender is involved or has been involved in a dating relationship or a
family or household member, when done in a rude, insulting or angry
manner.
(b) Aggravated domestic battery is:
(1) Knowingly impeding the normal breathing or circulation of the
blood by applying pressure on the throat, neck or chest of a person with
whom the offender is involved or has been involved in a dating
relationship or a family or household member, when done in a rude,
insulting or angry manner; or
(2) knowingly impeding the normal breathing or circulation of the
blood by blocking the nose or mouth of a person with whom the offender
is involved or has been involved in a dating relationship or a family or
household member, when done in a rude, insulting or angry manner.
(c) (1) Domestic battery is:
(A) Except as provided in subsection (c)(1)(B) or (c)(1)(C), a class B
person misdemeanor and the offender shall be 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 offender to undergo a domestic
violence offender assessment conducted by a certified batterer intervention
program and follow all recommendations made by such program;
(B) except as provided in subsection (c)(1)(C), a class A person
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 HB 2740 2
misdemeanor, if, within five years immediately preceding commission of
the crime, an offender is convicted of domestic battery a second time and
the offender shall be 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 paragraph may be served in
a work release program only after such offender has served 48 consecutive
hours' imprisonment, provided such work release program requires such
offender to return to confinement at the end of each day in the work
release program. The offender shall serve at least five consecutive days'
imprisonment before the offender 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 offender shall be required to undergo a domestic violence
offender assessment conducted by a certified batterer intervention program
and follow all recommendations made by such program, unless otherwise
ordered by the court; and
(C) a severity level 7, person felony, if, within five years immediately
preceding commission of the crime, an offender is convicted of domestic
battery a third or subsequent time, and .
(2) Aggravated domestic battery is a severity level 7, person felony.
(3) The following conditions shall apply to a sentence for a violation
of subsection (c)(1)(C) and (c)(2):
(A) As a condition of any probation granted under subsection (c)(1)
(C) or (c)(2), the offender shall be sentenced to not less than serve at least
90 days nor more than one year's of imprisonment and fined not less than
$1,000 nor more than $7,500.;
(B) the offender convicted shall not be eligible for release on
probation, suspension or reduction of sentence or parole until the offender
has served at least the mandatory sentence of 90 days' imprisonment. As a
condition of any grant of probation, suspension of sentence or parole or of
any other release, days; and
(C) the offender shall be required to undergo a domestic violence
offender assessment conducted by a certified batterer intervention program
and follow all recommendations made by such program, unless otherwise
ordered by the court. If the offender does not undergo a domestic violence
offender assessment conducted by a certified batterer intervention program
and follow all recommendations made by such program, the offender shall
serve not less than 180 days nor more than one year's year of
imprisonment. The 90 days' imprisonment mandated by this paragraph
may be served in a work release program only after such offender has
served 48 consecutive hours imprisonment, provided such work release
program requires such offender to return to confinement at the end of each
day in the work release program.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2740 3
(2) Aggravated domestic battery is a severity level 7, person felony.
(d) In determining the sentence to be imposed within the limits
provided for a first, second, third or subsequent offense under this section,
a court shall consider information presented to the court relating to any
current or prior protective order issued against such person.
(e) As used in this section:
(1) "Dating relationship" means a social relationship of a romantic
nature. In addition to any other factors the court deems relevant, the trier
of fact may consider the following when making a determination of
whether a relationship exists or existed: Nature of the relationship, length
of time the relationship existed, frequency of interaction between the
parties and time since the termination of the relationship, if applicable;
(2) "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
(3) "protective order" means:
(A) A protection from abuse order issued pursuant to K.S.A. 60-3105,
60-3106 or 60-3107, and amendments thereto;
(B) a protective order issued by a court or tribunal of any state or
Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265;
(C) a restraining order issued pursuant to K.S.A. 2023 Supp. 23-2707,
38-2243, 38-2244 or 38-2255, and amendments thereto, or K.S.A. 60-
1607, prior to its transfer;
(D) an order issued in this or any other state as a condition of pretrial
release, diversion, probation, suspended sentence, postrelease supervision
or at any other time during the criminal case or upon appeal that orders the
person to refrain from having any direct or indirect contact with a family
or household member;
(E) an order issued in this or any other state as a condition of release
after conviction or as a condition of a supersedeas bond pending
disposition of an appeal, that orders the person to refrain from having any
direct or indirect contact with another person; or
(F) a protection from stalking order issued pursuant to K.S.A. 60-
31a05 or 60-31a06, and amendments thereto.
(f) For the purpose of determining whether a conviction is a first,
second, third or subsequent conviction in sentencing under subsection (c)
(1):
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2740 4
(1) "Conviction" includes being convicted of a violation of K.S.A.
21-3412a, prior to its repeal, 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;
(2) "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;
(3) only convictions occurring in the immediately preceding five
years including prior to July 1, 2001, shall be taken into account, but the
court may consider other prior convictions in determining the sentence to
be imposed within the limits provided for a first, second, third or
subsequent offender, whichever is applicable; and
(4) it is irrelevant whether an offense occurred before or after
conviction for a previous offense.
(g) A person may enter into a diversion agreement in lieu of further
criminal proceedings for a violation of subsection (a) or (b) or an
ordinance of any city or resolution of any county which prohibits the acts
that subsection (a) or (b) prohibits only twice during any five-year period.
Sec. 2. K.S.A. 21-5414 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24