Kansas 2025-2026 Regular Session

Kansas House Bill HB2192 Compare Versions

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1	1	Session of 2025
2	2	HOUSE BILL No. 2192
3	3	By Committee on Corrections and Juvenile Justice
4	4	Requested by Representative Thompson
5	5	1-31
6	6	AN ACT concerning crimes, punishment and criminal procedure; relating
7	7	to crimes against persons; limiting or prohibiting work release for
8	8	people convicted of a second or third offense of domestic battery;
9	9	amending K.S.A. 21-5414 and repealing the existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 21-5414 is hereby amended to read as follows: 21-
12	12	5414. (a) Domestic battery is:
13	13	(1) Knowingly or recklessly causing bodily harm to a person with
14	14	whom the offender is involved or has been involved in a dating
15	15	relationship or a family or household member; or
16	16	(2) knowingly causing physical contact with a person with whom the
17	17	offender is involved or has been involved in a dating relationship or a
18	18	family or household member, when done in a rude, insulting or angry
19	19	manner.
20	20	(b) Aggravated domestic battery is:
21	21	(1) Knowingly impeding the normal breathing or circulation of the
22	22	blood by applying pressure on the throat, neck or chest of a person with
23	23	whom the offender is involved or has been involved in a dating
24	24	relationship or a family or household member, when done in a rude,
25	25	insulting or angry manner; or
26	26	(2) knowingly impeding the normal breathing or circulation of the
27	27	blood by blocking the nose or mouth of a person with whom the offender
28	28	is involved or has been involved in a dating relationship or a family or
29	29	household member, when done in a rude, insulting or angry manner.
30	30	(c) (1) Domestic battery is:
31	31	(A) Except as provided in subsection (c)(1)(B) or (c)(1)(C), a class B
32	32	person misdemeanor and the offender shall be sentenced to not less than
33	33	48 consecutive hours nor more than six months' imprisonment and fined
34	34	not less than $200, nor more than $500 or in the court's discretion the court
35	35	may enter an order which requires the offender to undergo a domestic
36	36	violence offender assessment conducted by a certified batterer intervention
37	37	program and follow all recommendations made by such program;
38	38	(B) except as provided in subsection (c)(1)(C), a class A person
39	39	misdemeanor, if, within five years immediately preceding commission of
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75	75	the crime, an offender is convicted of domestic battery a second time and
76	76	the offender shall be sentenced to not less than 90 days nor more than one
77	77	year's imprisonment and fined not less than $500 nor more than $1,000.
78	78	The five 90 days' imprisonment mandated by this paragraph may be served
79	79	in a work release program only after such offender has served 48 45
80	80	consecutive hours' days' imprisonment, provided if such work release
81	81	program requires such offender to return to confinement at the end of each
82	82	day in the work release program. The offender shall serve at least five 45
83	83	consecutive days' imprisonment before the offender is granted probation,
84	84	suspension or reduction of sentence or parole or is otherwise released. As a
85	85	condition of any grant of probation, suspension of sentence or parole or of
86	86	any other release, the offender shall be required to undergo a domestic
87	87	violence offender assessment conducted by a certified batterer intervention
88	88	program and follow all recommendations made by such program, unless
89	89	otherwise ordered by the court; and
90	90	(C) a person felony, if, within five years immediately preceding
91	91	commission of the crime, an offender is convicted of domestic battery a
92	92	third or subsequent time, and the offender shall be sentenced to not less
93	93	than 90 days nor more than one year's imprisonment and fined not less
94	94	than $1,000 nor more than $7,500. The offender convicted shall not be
95	95	eligible for release on probation, suspension or reduction of sentence or
96	96	parole until the offender has served at least 90 days' imprisonment shall
97	97	serve at least 90 consecutive days' imprisonment before the offender is
98	98	granted probation, suspension or reduction of sentence or parole or is
99	99	otherwise released. As a condition of any grant of probation, suspension of
100	100	sentence or parole or of any other release, the offender shall be required to
101	101	undergo a domestic violence offender assessment conducted by a certified
102	102	batterer intervention program and follow all recommendations made by
103	103	such program, unless otherwise ordered by the court. If the offender does
104	104	not undergo a domestic violence offender assessment conducted by a
105	105	certified batterer intervention program and follow all recommendations
106	106	made by such program, the offender shall serve not less than 180 days nor
107	107	more than one year's imprisonment. The 90 days' imprisonment mandated
108	108	by this paragraph may be served in a work release program only after such
109	109	offender has served 48 consecutive hours imprisonment, provided such
110	110	work release program requires such offender to return to confinement at
111	111	the end of each day in the work release program.
112	112	(2) Aggravated domestic battery is a severity level 7, person felony.
113	113	(d) In determining the sentence to be imposed within the limits
114	114	provided for a first, second, third or subsequent offense under this section,
115	115	a court shall consider information presented to the court relating to any
116	116	current or prior protective order issued against such person.
117	117	(e) As used in this section:
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161	161	(1) "Dating relationship" means a social relationship of a romantic
162	162	nature. In addition to any other factors the court deems relevant, the trier
163	163	of fact may consider the following when making a determination of
164	164	whether a relationship exists or existed: Nature of the relationship, length
165	165	of time the relationship existed, frequency of interaction between the
166	166	parties and time since the termination of the relationship, if applicable;
167	167	(2) "family or household member" means persons 18 years of age or
168	168	older who are spouses, former spouses, parents or stepparents and children
169	169	or stepchildren, and persons who are presently residing together or who
170	170	have resided together in the past, and persons who have a child in common
171	171	regardless of whether they have been married or who have lived together
172	172	at any time. "Family or household member" also includes a man and
173	173	woman if the woman is pregnant and the man is alleged to be the father,
174	174	regardless of whether they have been married or have lived together at any
175	175	time; and
176	176	(3) "protective order" means:
177	177	(A) A protection from abuse order issued pursuant to K.S.A. 60-3105,
178	178	60-3106 or 60-3107, and amendments thereto;
179	179	(B) a protective order issued by a court or tribunal of any state or
180	180	Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265;
181	181	(C) a restraining order issued pursuant to K.S.A. 2024 Supp. 23-2707,
182	182	38-2243, 38-2244 or 38-2255, and amendments thereto, or K.S.A. 60-
183	183	1607, prior to its transfer;
184	184	(D) an order issued in this or any other state as a condition of pretrial
185	185	release, diversion, probation, suspended sentence, postrelease supervision
186	186	or at any other time during the criminal case or upon appeal that orders the
187	187	person to refrain from having any direct or indirect contact with a family
188	188	or household member;
189	189	(E) an order issued in this or any other state as a condition of release
190	190	after conviction or as a condition of a supersedeas bond pending
191	191	disposition of an appeal, that orders the person to refrain from having any
192	192	direct or indirect contact with another person; or
193	193	(F) a protection from stalking order issued pursuant to K.S.A. 60-
194	194	31a05 or 60-31a06, and amendments thereto.
195	195	(f) For the purpose of determining whether a conviction is a first,
196	196	second, third or subsequent conviction in sentencing under subsection (c)
197	197	(1):
198	198	(1) "Conviction" includes being convicted of a violation of K.S.A.
199	199	21-3412a, prior to its repeal, this section or entering into a diversion or
200	200	deferred judgment agreement in lieu of further criminal proceedings on a
201	201	complaint alleging a violation of this section;
202	202	(2) "conviction" includes being convicted of a violation of a law of
203	203	another state, or an ordinance of any city, or resolution of any county,
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247	247	which prohibits the acts that this section prohibits or entering into a
248	248	diversion or deferred judgment agreement in lieu of further criminal
249	249	proceedings in a case alleging a violation of such law, ordinance or
250	250	resolution;
251	251	(3) only convictions occurring in the immediately preceding five
252	252	years including prior to July 1, 2001, shall be taken into account, but the
253	253	court may consider other prior convictions in determining the sentence to
254	254	be imposed within the limits provided for a first, second, third or
255	255	subsequent offender, whichever is applicable; and
256	256	(4) it is irrelevant whether an offense occurred before or after
257	257	conviction for a previous offense.
258	258	(g) A person may enter into a diversion agreement in lieu of further
259	259	criminal proceedings for a violation of subsection (a) or (b) or an
260	260	ordinance of any city or resolution of any county which prohibits the acts
261	261	that subsection (a) or (b) prohibits only twice during any five-year period.
262	262	Sec. 2. K.S.A. 21-5414 is hereby repealed.
263	263	Sec. 3. This act shall take effect and be in force from and after its
264	264	publication in the statute book.
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