Limiting or prohibiting work release for people convicted of a second or third offense of domestic battery.
Impact
If enacted, HB 2192 will have significant implications for the state's legal framework surrounding domestic violence offenses. The bill modifies K.S.A. 21-5414 to establish that those convicted of domestic battery will face stricter sentencing and fewer opportunities for rehabilitation through work release programs. This change aligns with a growing recognition of the need for more stringent measures to address repeated incidents of domestic violence, signaling a step towards handling these crimes with greater severity.
Summary
House Bill 2192 seeks to amend the existing domestic battery laws in Kansas by limiting or prohibiting work release options for individuals convicted of a second or third offense of domestic battery. The bill recognizes the severity of repeated domestic violence and aims to enhance the consequences faced by offenders. By imposing stricter guidelines on work release programs, the bill intends to emphasize the seriousness of repeated offenses and provide greater protection for victims of domestic violence.
Contention
Despite the bill's focus on protecting victims, there may be points of contention among legal analysts and civil rights advocates who argue that the restrictions on work release could disproportionately affect offenders seeking to reintegrate into society. Critics may raise concerns about the balance between accountability and the potential for rehabilitation, suggesting that overly harsh penalties could lead to negative outcomes in addressing the root causes of domestic violence. The legislative debates may explore whether such measures might facilitate change or foster resentment among offenders without effectively deterring future instances of domestic violence.
Increasing the criminal penalty for a third or subsequent conviction of domestic battery and creating a mandatory minimum sentence for aggravated domestic battery.
Increasing the criminal penalties for harming or killing certain dogs and horses and requiring restitution for such offense to include certain expenses.
Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders, removing the requirement that municipal courts collect fingerprints from persons convicted of violating certain municipal ordinance provisions, amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances, increasing the criminal penalties for unlawful distribution of fentanyl-related controlled substances, eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence and updating the general terms of supervision for offenders on probation and postrelease supervision.
Senate Substitute for HB 2010 by Committee on Judiciary - Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime; increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm; enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; providing that the service of postrelease supervision period shall not toll except as otherwise provided by law; and allowing certain nondrug offenders to participate in a certified drug abuse treatment program.
Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders.
Creating the crime of coercion to obtain an abortion and providing enhanced criminal penalties for offenses committed with the intent to coerce a woman to obtain an abortion.
Senate Substitute for HB 2436 by Committee on Federal and State Affairs - Creating the crime of coercion to obtain an abortion and providing enhanced criminal penalties for offenses committed with the intent to coerce a woman to obtain an abortion.
Increasing the criminal penalties for battery of a healthcare provider, adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and for manufacturing or distributing any controlled substances that are likely to be attractive to minors because of their appearance or packaging, creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment, excluding materials used to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid from the definition of drug paraphernalia, adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary, increasing criminal penalties for the crime of interference with law enforcement when the violation involves fleeing from a law enforcement officer and authorizing the attorney general to prosecute certain crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.
Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.
Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.
Crimes: other; penalties for certain offenses committed when victim and offender have a domestic relationship; provide for. Amends secs. 115, 145n, 377a, 380, 411h & 540e of 1931 PA 328 (MCL 750.115 et seq.). TIE BAR WITH: SB 0471'23
Crimes: assaultive; penalties for certain kinds of assault; modify. Amends secs. 81 & 81a of 1931 PA 328 (MCL 750.81 & 750.81a). TIE BAR WITH: HB 4521'23
Increasing the criminal penalty for a third or subsequent conviction of domestic battery and creating a mandatory minimum sentence for aggravated domestic battery.
Crimes: assaultive; crime of assaulting a person performing job-related duties; expand to include health professionals. Amends secs. 81, 81a & 81d of 1931 PA 328 (MCL 750.81 et seq.). TIE BAR WITH: HB 4534'25, HB 4535'25