Session Law

Identifying Information:L. 2001 ch. 177
Other Identifying Information:2001 Senate Bill 205
Tax Type:Other
Brief Description:An Act concerning crimes, criminal procedure and punishment; relating to appearance bonds; conditions; concerning protection from abuse orders; domestic battery; assess- ment of certain fees; amending K.S.A. 21-3440, 22-2802 and 60-3108 and K.S.A. 2000 Supp. 12-4301, 21-3412, 21-4603d, 21-4704, 60-3107, 72-1397, 72-5445 and 74-5602 and repealing the existing sections.
Keywords:


Body:

CHAPTER 177

SENATE BILL No. 205


An Act concerning crimes, criminal procedure and punishment; relating to appearance

bonds; conditions; concerning protection from abuse orders; domestic battery; assess-

ment of certain fees; amending K.S.A. 21-3440, 22-2802 and 60-3108 and K.S.A. 2000

Supp. 12-4301, 21-3412, 21-4603d, 21-4704, 60-3107, 72-1397, 72-5445 and 74-5602

and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 12-4301 is hereby amended to read as

follows: 12-4301. A person having the right to post bond for appearance

shall, in order to do so, execute in writing a promise to appear at the

municipal court at a stated time and place. Such appearance bond shall

be in an amount as determined by the municipal judge, and. Unless the

judge makes a specific finding otherwise, every bond for a person charged

with an offense that would be a person offense pursuant to state law shall

have a condition of release prohibiting the person from having contact

with the alleged victim of such offense for a period of at least 72 hours.

Such bond may be secured by any one of the following methods, and

when so secured, such person shall be released from custody.

The methods of securing the appearance of an accused person are as

follows:

(a) Payment of cash, except that the municipal judge may permit

negotiable securities or a personal check in lieu of cash.

(b) The execution of an appearance bond by a responsible individual

residing within the state of Kansas, as surety with the approval of the

municipal judge.

(c) A guaranteed arrest bond certificate issued by either a surety com-

pany authorized to transact such business within the state of Kansas, or

an automobile club authorized to transact business in this state by the

commissioner of insurance, except that such ``guaranteed arrest bond cer-

tificate'' must be signed by the person to whom it is issued and must

contain a printed statement that the surety guarantees the appearance of

such person and, in the event of failure of such person to appear in court

at the time of trial, will pay any fine or forfeiture imposed upon such

person not to exceed an amount to be stated on such certificate.

(d) In lieu of giving security in the manner provided by subsections

(a), (b) and (c) above, if the arrest is for the violation of a city ordinance

relating to the operation of a motor vehicle the accused person may de-

posit with the arresting law enforcement officer or the clerk of the mu-

nicipal court a valid Kansas driver's license in exchange for a receipt there-

for issued by the law enforcement officer or the clerk of the municipal

court, the form of which shall be approved by the division of vehicles of

the state department of revenue. Such receipt shall be recognized as a

valid temporary Kansas driver's license authorizing the operation of a

motor vehicle by the accused person to the date of the hearing stated on

the receipt. Such driver's license and written copy of the notice to appear

shall be delivered by the law enforcement officer to the municipal court

as soon as reasonably possible. If the hearing on any such charge is con-

tinued for any reason, the municipal judge may note on the receipt the

date to which such hearing has been continued, and such receipt shall be

recognized as a valid temporary Kansas driver's license until such date,

but in no event shall such receipt be recognized as a valid Kansas driver's

license for a period longer than 30 days from the date for the original

hearing. Any person who deposited a driver's license to secure such per-

son's appearance, in lieu of giving a bond as provided in subsections (a),

(b) and (c) above, shall have such driver's license returned upon the giving

of the required bond pursuant to (a), (b) and (c) above or upon final

determination of the charge.

In the event the accused person deposits a valid Kansas driver's license

with the municipal court and fails to appear in court on the date set for

appearance, or any continuance thereof, and in any event within 30 days

from the date set for the original hearing, the municipal judge shall for-

ward the driver's license of such person to the division of vehicles with

an appropriate explanation attached thereto. Upon receipt of the driver's

license of such person the division of vehicles shall suspend such person's

privilege to operate a motor vehicle in this state until such person appears

before the municipal court, or the municipal court makes a final dispo-

sition thereof, and notice of such disposition is given by the municipal

court to the division, or for a period not exceeding six months from the

date such person's driver's license is received by the division, whichever

is earlier.

Any person who applies for a replacement or new driver's license prior

to the return of such person's original license, when such license has been

deposited in lieu of the giving of a bond as provided in this section, shall

be guilty of a misdemeanor punishable as set forth in K.S.A. 8-2116, and

amendments thereto.

Sec. 2. K.S.A. 22-2802 is hereby amended to read as follows: 22-

2802. (1) Any person charged with a crime shall, at the person's first

appearance before a magistrate, be ordered released pending preliminary

examination or trial upon the execution of an appearance bond in an

amount specified by the magistrate and sufficient to assure the appear-

ance of such person before the magistrate when ordered and to assure

the public safety. If the person is being bound over for a felony, the bond

shall also be conditioned on the person's appearance in the district court

or by way of a two-way electronic audio-video communication as provided

in subsection (11) at the time required by the court to answer the charge

against such person and at any time thereafter that the court requires.

Unless the magistrate makes a specific finding otherwise, if the person is

being bonded out for a person felony or a person misdemeanor, the bond

shall be conditioned on the person being prohibited from having any con-

tact with the alleged victim of such offense for a period of at least 72

hours. The magistrate may impose such of the following additional con-

ditions of release as will reasonably assure the appearance of the person

for preliminary examination or trial:

(a) Place the person in the custody of a designated person or organ-

ization agreeing to supervise such person;

(b) place restrictions on the travel, association or place of abode of

the person during the period of release;

(c) impose any other condition deemed reasonably necessary to as-

sure appearance as required, including a condition requiring that the

person return to custody during specified hours; or

(d) place the person under a house arrest program pursuant to K.S.A.

21-4603b, and amendments thereto.; or

(e) place the person under the supervision of a court services officer

responsible for monitoring the person's compliance with any conditions

of release ordered by the magistrate.

(2) In addition to any conditions of release provided in subsection (1),

for any person charged with a felony, the magistrate may order such

person to submit to a drug abuse examination and evaluation in a public

or private treatment facility or state institution and, if determined by the

head of such facility or institution that such person is a drug abuser or

incapacitated by drugs, to submit to treatment for such drug abuse, as a

condition of release.

(3) The appearance bond shall be executed with sufficient solvent

sureties who are residents of the state of Kansas, unless the magistrate

determines, in the exercise of such magistrate's discretion, that requiring

sureties is not necessary to assure the appearance of the person at the

time ordered.

(4) A deposit of cash in the amount of the bond may be made in lieu

of the execution of the bond by sureties.

(5) In determining which conditions of release will reasonably assure

appearance and the public safety, the magistrate shall, on the basis of

available information, take into account the nature and circumstances of

the crime charged; the weight of the evidence against the defendant; the

defendant's family ties, employment, financial resources, character, men-

tal condition, length of residence in the community, record of convictions,

record of appearance or failure to appear at court proceedings or of flight

to avoid prosecution; the likelihood or propensity of the defendant to

commit crimes while on release, including whether the defendant will be

likely to threaten, harass or cause injury to the victim of the crime or any

witnesses thereto; and whether the defendant is on probation or parole

from a previous offense at the time of the alleged commission of the

subsequent offense.

(6) The appearance bond shall set forth all of the conditions of re-

lease.

(7) A person for whom conditions of release are imposed and who

continues to be detained as a result of the person's inability to meet the

conditions of release shall be entitled, upon application, to have the con-

ditions reviewed without unnecessary delay by the magistrate who im-

posed them. If the magistrate who imposed conditions of release is not

available, any other magistrate in the county may review such conditions.

(8) A magistrate ordering the release of a person on any conditions

specified in this section may at any time amend the order to impose

additional or different conditions of release. If the imposition of additional

or different conditions results in the detention of the person, the provi-

sions of subsection (7) shall apply.

(9) Statements or information offered in determining the conditions

of release need not conform to the rules of evidence. No statement or

admission of the defendant made at such a proceeding shall be received

as evidence in any subsequent proceeding against the defendant.

(10) The appearance bond and any security required as a condition

of the defendant's release shall be deposited in the office of the magistrate

or the clerk of the court where the release is ordered. If the defendant

is bound to appear before a magistrate or court other than the one or-

dering the release, the order of release, together with the bond and se-

curity shall be transmitted to the magistrate or clerk of the court before

whom the defendant is bound to appear.

(11) Proceedings before a magistrate as provided in this section to

determine the release conditions of a person charged with a crime in-

cluding release upon execution of an appearance bond may be conducted

by two-way electronic audio-video communication between the defend-

ant and the judge in lieu of personal presence of the defendant or de-

fendant's counsel in the courtroom in the discretion of the court. The

defendant may be accompanied by the defendant's counsel. The defend-

ant shall be informed of the defendant's right to be personally present in

the courtroom during such proceeding if the defendant so requests. Ex-

ercising the right to be present shall in no way prejudice the defendant.

(12) The magistrate may order the person to pay for any costs asso-

ciated with the supervision of the conditions of release of the appearance

bond in an amount not to exceed $5 per week of such supervision.

New Sec. 3. (a) All protection from abuse orders, orders amending

an existing protective order, and such related orders issued based on the

laws of another jurisdiction which are entitled to full faith and credit in

Kansas pursuant to the provisions of 18 U.S.C. 2265, and amendments

thereto, shall be entered into the national criminal information center

protection order file. All emergency protection from abuse orders, tem-

porary protection from abuse orders, other orders issued pursuant to

article 31 of chapter 60 of the Kansas Statutes Annotated, and amend-

ments thereto, and such emergency, temporary and other related orders

issued based on the laws of another jurisdiction which are entitled to full

faith and credit in Kansas pursuant to the provisions of 18 U.S.C. 2265,

and amendments thereto, may be entered into the national criminal in-

formation center protection order file. A copy of these orders shall be

delivered by the clerk of the court to the sheriff of the county where the

order is issued or registered. The sheriff's office shall immediately enter

the order into the national criminal information center and other appro-

priate databases after all mandatory identifiers are available. If the order

is a foreign protective order, the sheriff's office shall contact the issuing

jurisdiction to verify the order and request that such jurisdiction enter

the order into the national criminal information center and other appro-

priate databases. Any modification of an order shall be forwarded im-

mediately by the clerk of the court to the sheriff's office with jurisdiction

to enforce the modified order. The sheriff's office shall ensure the ac-

curacy of the entries and the court shall ensure the validity of the orders.

(b) All orders which have been entered into the national criminal

information center protection order file shall be cleared as an active rec-

ord from the computer system when:

(1) The order expires according to the terms of such order;

(2) a Kansas court notifies the law enforcement agency which has

jurisdiction over the entry of the order that such order has been dis-

missed; or

(3) a foreign protective order has been invalidated by either a Kansas

court or a foreign court with jurisdiction over such order.

(c) This section shall be part of and supplemental to the protection

from abuse act.

Sec. 4. K.S.A. 60-3108 is hereby amended to read as follows: 60-

3108. A copy of any order under this act shall be issued to the plaintiff,

the defendant and the police department of the city where the plaintiff

resides. If the plaintiff does not reside in a city or resides in a city with

no police department, a copy of the order shall be issued to the sheriff

of the county where the plaintiff resides order is issued or registered.

New Sec. 5. (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 person misdemeanor and sentenced to

not less than 48 consecutive hours nor more than six months' imprison-

ment 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 guilty of a class A person misdemeanor 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' im-

prisonment mandated by this subsection may be served in a work release

program only after such person has served 48 consecutive hours' impris-

onment, 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' impris-

onment 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 pro-

gram for domestic violence prevention.

(3) If, within five years immediately preceding commission of the

crime, a person is convicted of a violation of domestic battery a third or

subsequent time, such person shall be guilty of a person felony and sen-

tenced to not less than 90 days nor more than one year's imprisonment

and fined not less than $1,000 nor more than $2,500. The person con-

victed shall not be eligible for release on probation, suspension or reduc-

tion of sentence or parole until the person has served at least 90 days'

imprisonment. The court may also require as a condition of parole that

such person enter into and complete a treatment program for domestic

violence. The 90 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.

(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 chil-

dren 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 to-

gether at any time; and

(2) for the purpose of determining whether a conviction is a first,

second, third or subsequent conviction in sentencing under this section:

(A) ``Conviction'' includes being convicted of a violation of this sec-

tion 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 di-

version or deferred judgment agreement in lieu of further criminal pro-

ceedings 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

account, but the court may consider other prior convictions in determin-

ing the sentence to be imposed within the limits provided for a first,

second, third or subsequent offender, whichever is applicable; and

(D) it is irrelevant whether an offense occurred before or after con-

viction for a previous offense.

Sec. 6. K.S.A. 2000 Supp. 21-3412 is hereby amended to read as

follows: 21-3412. (a) Battery is:

(1) Intentionally or recklessly causing bodily harm to another person;

or

(2) intentionally causing physical contact with another person when

done in a rude, insulting or angry manner.

(b) Except as provided in subsection (c), Battery is a class B person

misdemeanor.

(c) (1) Upon a first conviction of a violation of this section under

circumstances which constitute a domestic battery, a person shall be guilty

of a class B person misdemeanor and sentenced to not less than 48 con-

secutive 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 this section a second time

under circumstances which constitute a domestic battery, such person

shall be guilty of a class A person misdemeanor 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.

(3) If, within five years immediately preceding commission of the

crime, a person is convicted of a violation of this crime a third or subse-

quent time under circumstances which constitute a domestic battery,

such person shall be guilty of a person felony and sentenced to not less

than 90 days nor more than one year's imprisonment and fined not less

than $1,000 nor more than $2,500. The person convicted shall not be

eligible for release on probation, suspension or reduction of sentence or

parole until the person has served at least 90 days' imprisonment. The

court may also require as a condition of parole that such person enter

into and complete a treatment program for domestic violence. The 90

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.

(4) As used in this section: (A) Domestic battery means a battery

against a family or household member by a family or household member;

(B) family or household member means persons 18 years of age or

older who are spouses, former spouses, parents or stepparents and chil-

dren 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 to-

gether at any time; and

(C) for the purpose of determining whether a conviction is a first,

second, third or subsequent conviction in sentencing under this section:

(i) ``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;

(ii) ``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 di-

version or deferred judgment agreement in lieu of further criminal pro-

ceedings in a case alleging a violation of such law, ordinance or resolution;

(iii) only convictions occurring in the immediately preceding five

years including prior to the effective date of this act shall be taken into

account, but the court may consider other prior convictions in determin-

ing the sentence to be imposed within the limits provided for a first,

second, third or subsequent offender, whichever is applicable; and

(iv) it is irrelevant whether an offense occurred before or after con-

viction for a previous offense.

Sec. 7. K.S.A. 21-3440 is hereby amended to read as follows: 21-

3440. (a) Injury to a pregnant woman is injury to a pregnant woman by

a person other than the pregnant woman in the commission of a felony

or misdemeanor causing the pregnant woman to suffer a miscarriage as

a result of that injury.

(b) As used in this section, ``miscarriage'' means the interruption of

the normal development of the fetus, other than by a live birth, resulting

in the complete expulsion or extraction from a pregnant woman of a

product of human conception.

(c) Injury to a pregnant woman in the commission of a felony is a

severity level 4, person felony. Injury to a pregnant woman in the com-

mission of a violation of K.S.A. 21-3412, subsection (a)(1) of K.S.A. 21-

3413, subsections (b)(1) and (b)(2) of section 5 or K.S.A. 21-3517, and

amendments thereto, is a severity level 5, person felony. Injury to a preg-

nant woman in the commission of a misdemeanor other than a violation

of K.S.A. 21-3412, subsection (a)(1) of K.S.A. 21-3413, subsections (b)(1)

and (b)(2) of section 5 or K.S.A. 21-3517, and amendments thereto, is a

class A person misdemeanor.

(d) The provisions of this section shall be part of and supplemental

to the Kansas criminal code.

Sec. 8. K.S.A. 2000 Supp. 21-4603d is hereby amended to read as

follows: 21-4603d. (a) Whenever any person has been found guilty of a

crime, the court may adjudge any of the following:

(1) Commit the defendant to the custody of the secretary of correc-

tions if the current crime of conviction is a felony and the sentence pre-

sumes imprisonment, or the sentence imposed is a dispositional departure

to imprisonment; or, if confinement is for a misdemeanor, to jail for the

term provided by law;

(2) impose the fine applicable to the offense;

(3) release the defendant on probation if the current crime of con-

viction and criminal history fall within a presumptive nonprison category

or through a departure for substantial and compelling reasons subject to

such conditions as the court may deem appropriate. In felony cases except

for violations of K.S.A. 8-1567 and amendments thereto, the court may

include confinement in a county jail not to exceed 60 days, which need

not be served consecutively, as a condition of an original probation sen-

tence and up to 60 days in a county jail upon each revocation of the

probation sentence, or community corrections placement;

(4) assign the defendant to a community correctional services pro-

gram as provided in K.S.A. 75-5291, and amendments thereto, or through

a departure for substantial and compelling reasons subject to such con-

ditions as the court may deem appropriate, including orders requiring full

or partial restitution;

(5) assign the defendant to a conservation camp for a period not to

exceed six months as a condition of probation followed by a six-month

period of follow-up through adult intensive supervision by a community

correctional services program, if the offender successfully completes the

conservation camp program;

(6) assign the defendant to a house arrest program pursuant to K.S.A.

21-4603b and amendments thereto;

(7) order the defendant to attend and satisfactorily complete an al-

cohol or drug education or training program as provided by subsection

(3) of K.S.A. 21-4502 and amendments thereto;

(8) order the defendant to repay the amount of any reward paid by

any crime stoppers chapter, individual, corporation or public entity which

materially aided in the apprehension or conviction of the defendant; repay

the amount of any costs and expenses incurred by any law enforcement

agency in the apprehension of the defendant, if one of the current crimes

of conviction of the defendant includes escape, as defined in K.S.A. 21-

3809 and amendments thereto or aggravated escape, as defined in K.S.A.

21-3810 and amendments thereto; or repay the amount of any public

funds utilized by a law enforcement agency to purchase controlled sub-

stances from the defendant during the investigation which leads to the

defendant's conviction. Such repayment of the amount of any such costs

and expenses incurred by a law enforcement agency or any public funds

utilized by a law enforcement agency shall be deposited and credited to

the same fund from which the public funds were credited to prior to use

by the law enforcement agency;

(9) order the defendant to pay the administrative fee authorized by

K.S.A. 2000 Supp. 22-4529 and amendments thereto, unless waived by

the court;

(10) order the defendant to pay a domestic violence special program

fee authorized by section 14, and amendments thereto;

(11) impose any appropriate combination of (1), (2), (3), (4), (5), (6),

(7), (8) and, (9) and (10); or

(11) (12) suspend imposition of sentence in misdemeanor cases.

(b) (1) In addition to or in lieu of any of the above, the court shall

order the defendant to pay restitution, which shall include, but not be

limited to, damage or loss caused by the defendant's crime, unless the

court finds compelling circumstances which would render a plan of res-

titution unworkable. If the court finds a plan of restitution unworkable,

the court shall state on the record in detail the reasons therefor.

(2) If the court orders restitution, the restitution shall be a judgment

against the defendant which may be collected by the court by garnishment

or other execution as on judgments in civil cases. If, after 60 days from

the date restitution is ordered by the court, a defendant is found to be in

noncompliance with the plan established by the court for payment of

restitution, and the victim to whom restitution is ordered paid has not

initiated proceedings in accordance with K.S.A. 2000 Supp. 60-4301 et

seq. and amendments thereto, the court shall assign an agent procured

by the attorney general pursuant to K.S.A. 75-719 and amendments

thereto to collect the restitution on behalf of the victim. The administra-

tive judge of each judicial district may assign such cases to an appropriate

division of the court for the conduct of civil collection proceedings.

(c) In addition to or in lieu of any of the above, the court shall order

the defendant to submit to and complete an alcohol and drug evaluation,

and pay a fee therefor, when required by subsection (4) of K.S.A. 21-

4502 and amendments thereto.

(d) In addition to any of the above, the court shall order the defend-

ant to reimburse the county general fund for all or a part of the expend-

itures by the county to provide counsel and other defense services to the

defendant. Any such reimbursement to the county shall be paid only after

any order for restitution has been paid in full. In determining the amount

and method of payment of such sum, the court shall take account of the

financial resources of the defendant and the nature of the burden that

payment of such sum will impose. A defendant who has been required

to pay such sum and who is not willfully in default in the payment thereof

may at any time petition the court which sentenced the defendant to

waive payment of such sum or any unpaid portion thereof. If it appears

to the satisfaction of the court that payment of the amount due will im-

pose manifest hardship on the defendant or the defendant's immediate

family, the court may waive payment of all or part of the amount due or

modify the method of payment.

(e) In imposing a fine the court may authorize the payment thereof

in installments. In releasing a defendant on probation, the court shall

direct that the defendant be under the supervision of a court services

officer. If the court commits the defendant to the custody of the secretary

of corrections or to jail, the court may specify in its order the amount of

restitution to be paid and the person to whom it shall be paid if restitution

is later ordered as a condition of parole or conditional release.

(f) When a new felony is committed while the offender is incarcerated

and serving a sentence for a felony or while the offender is on probation,

assignment to a community correctional services program, parole, con-

ditional release, or postrelease supervision for a felony, a new sentence

shall be imposed pursuant to the consecutive sentencing requirements of

K.S.A. 21-4608, and amendments thereto, and the court may sentence

the offender to imprisonment for the new conviction, even when the new

crime of conviction otherwise presumes a nonprison sentence. In this

event, imposition of a prison sentence for the new crime does not con-

stitute a departure. When a new felony is committed while the offender

is on release for a felony pursuant to the provisions of article 28 of chapter

22 of the Kansas Statutes Annotated, a new sentence may be imposed

pursuant to the consecutive sentencing requirements of K.S.A. 21-4608

and amendments thereto, and the court may sentence the offender to

imprisonment for the new conviction, even when the new crime of con-

viction otherwise presumes a nonprison sentence. In this event, imposi-

tion of a prison sentence for the new crime does not constitute a depar-

ture.

(g) Prior to imposing a dispositional departure for a defendant whose

offense is classified in the presumptive nonprison grid block of either

sentencing guideline grid, prior to sentencing a defendant to incarceration

whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing

guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H,

3-I, 4-E or 4-F of the sentencing guidelines grid for drug crimes, or prior

to revocation of a nonprison sanction of a defendant whose offense is

classified in the presumptive nonprison grid block of either sentencing

guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines

grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or

4-F of the sentencing guidelines grid for drug crimes, the court shall

consider placement of the defendant in the Labette correctional conser-

vation camp, conservation camps established by the secretary of correc-

tions pursuant to K.S.A. 75-52,127, and amendment thereto or a com-

munity intermediate sanction center. Pursuant to this paragraph the

defendant shall not be sentenced to imprisonment if space is available in

a conservation camp or a community intermediate sanction center and

the defendant meets all of the conservation camp's or a community in-

termediate sanction center's placement criteria unless the court states on

the record the reasons for not placing the defendant in a conservation

camp or a community intermediate sanction center.

(h) The court in committing a defendant to the custody of the sec-

retary of corrections shall fix a term of confinement within the limits

provided by law. In those cases where the law does not fix a term of

confinement for the crime for which the defendant was convicted, the

court shall fix the term of such confinement.

(i) In addition to any of the above, the court shall order the defendant

to reimburse the state general fund for all or a part of the expenditures

by the state board of indigents' defense services to provide counsel and

other defense services to the defendant. In determining the amount and

method of payment of such sum, the court shall take account of the

financial resources of the defendant and the nature of the burden that

payment of such sum will impose. A defendant who has been required

to pay such sum and who is not willfully in default in the payment thereof

may at any time petition the court which sentenced the defendant to

waive payment of such sum or any unpaid portion thereof. If it appears

to the satisfaction of the court that payment of the amount due will im-

pose manifest hardship on the defendant or the defendant's immediate

family, the court may waive payment of all or part of the amount due or

modify the method of payment. The amount of attorney fees to be in-

cluded in the court order for reimbursement shall be the amount claimed

by appointed counsel on the payment voucher for indigents' defense serv-

ices or the amount prescribed by the board of indigents' defense services

reimbursement tables as provided in K.S.A. 22-4522, and amendments

thereto, whichever is less.

(b) (j) Dispositions which do not involve commitment to the custody

of the secretary of corrections shall not entail the loss by the defendant

of any civil rights. Placement of offenders in a conservation camp estab-

lished by the secretary of corrections pursuant to K.S.A. 75-52,127, and

amendments thereto, as a nonimprisonment disposition shall not entail

the loss by the defendant of any civil rights.

(c) (k) This section shall not deprive the court of any authority con-

ferred by any other Kansas statute to decree a forfeiture of property,

suspend or cancel a license, remove a person from office, or impose any

other civil penalty as a result of conviction of crime.

(d) (l) An application for or acceptance of probation or assignment to

a community correctional services program shall not constitute an acqui-

escence in the judgment for purpose of appeal, and any convicted person

may appeal from such conviction, as provided by law, without regard to

whether such person has applied for probation, suspended sentence or

assignment to a community correctional services program.

(e) (m) The secretary of corrections is authorized to make direct

placement to the Labette correctional conservation camp or a conserva-

tion camp established by the secretary pursuant to K.S.A. 75-52,127, and

amendments thereto, of an inmate sentenced to the secretary's custody

if the inmate: (1) Has been sentenced to the secretary for a probation

revocation, as a departure from the presumptive nonimprisonment grid

block of either sentencing grid, or for an offense which is classified in

grid blocks 5-H, 5-I, or 6-G of the sentencing guidelines grid for nondrug

crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E, or 4-F of the sen-

tencing guidelines grid for drug crimes; and (2) otherwise meets admis-

sion criteria of the camp. If the inmate successfully completes a conser-

vation camp program, the secretary of corrections shall report such

completion to the sentencing court and the county or district attorney.

The inmate shall then be assigned by the court to six months of follow-

up supervision conducted by the appropriate community corrections serv-

ices program. The court may also order that supervision continue there-

after for the length of time authorized by K.S.A. 21-4611 and

amendments thereto.

(f) (n) When it is provided by law that a person shall be sentenced

pursuant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions

of this section shall not apply.

Sec. 9. K.S.A. 2000 Supp. 21-4704 is hereby amended to read as

follows: 21-4704. (a) For purposes of sentencing, the following sentencing

guidelines grid for nondrug crimes shall be applied in felony cases for

crimes committed on or after July 1, 1993:

(b) The provisions of this section shall be applicable to the sentencing

guidelines grid for nondrug crimes. Sentences expressed in such grid

represent months of imprisonment.

(c) The sentencing guidelines grid is a two-dimensional crime severity

and criminal history classification tool. The grid's vertical axis is the crime

severity scale which classifies current crimes of conviction. The grid's

horizontal axis is the criminal history scale which classifies criminal his-

tories.

(d) The sentencing guidelines grid for nondrug crimes as provided in

this section defines presumptive punishments for felony convictions, sub-

ject to judicial discretion to deviate for substantial and compelling reasons

and impose a different sentence in recognition of aggravating and miti-

gating factors as provided in this act. The appropriate punishment for a

felony conviction should depend on the severity of the crime of conviction

when compared to all other crimes and the offender's criminal history.

(e) (1) The sentencing court has discretion to sentence at any place

within the sentencing range. The sentencing judge shall select the center

of the range in the usual case and reserve the upper and lower limits for

aggravating and mitigating factors insufficient to warrant a departure.

(2) In presumptive imprisonment cases, the sentencing court shall

pronounce the complete sentence which shall include the prison sen-

tence, the maximum potential reduction to such sentence as a result of

good time and the period of postrelease supervision at the sentencing

hearing. Failure to pronounce the period of postrelease supervision shall

not negate the existence of such period of postrelease supervision.

(3) In presumptive nonprison cases, the sentencing court shall pro-

nounce the prison sentence as well as the duration of the nonprison sanc-

tion at the sentencing hearing.

(f) Each grid block states the presumptive sentencing range for an

offender whose crime of conviction and criminal history place such of-

fender in that grid block. If an offense is classified in a grid block below

the dispositional line, the presumptive disposition shall be nonimprison-

ment. If an offense is classified in a grid block above the dispositional

line, the presumptive disposition shall be imprisonment. If an offense is

classified in grid blocks 5-H, 5-I or 6-G, the court may impose an optional

nonprison sentence upon making the following findings on the record:

(1) An appropriate treatment program exists which is likely to be

more effective than the presumptive prison term in reducing the risk of

offender recidivism; and

(2) the recommended treatment program is available and the of-

fender can be admitted to such program within a reasonable period of

time; or

(3) the nonprison sanction will serve community safety interests by

promoting offender reformation.

Any decision made by the court regarding the imposition of an optional

nonprison sentence if the offense is classified in grid blocks 5-H, 5-I or

6-G shall not be considered a departure and shall not be subject to appeal.

(g) The sentence for the violation of K.S.A. 21-3411, and amendments

thereto, aggravated assault against a law enforcement officer or K.S.A. 21-

3415, and amendments thereto, aggravated battery against a law enforce-

ment officer and amendments thereto which places the defendant's sen-

tence in grid block 6-H or 6-I shall be presumed imprisonment. The court

may impose an optional nonprison sentence upon making a finding on

the record that the nonprison sanction will serve community safety in-

terests by promoting offender reformation. Any decision made by the

court regarding the imposition of the optional nonprison sentence, if the

offense is classified in grid block 6-H or 6-I, shall not be considered

departure and shall not be subject to appeal.

(h) When a firearm is used to commit any person felony, the of-

fender's sentence shall be presumed imprisonment. The court may im-

pose an optional nonprison sentence upon making a finding on the record

that the nonprison sanction will serve community safety interests by pro-

moting offender reformation. Any decision made by the court regarding

the imposition of the optional nonprison sentence shall not be considered

a departure and shall not be subject to appeal.

(i) The sentence for the violation of the felony provision of K.S.A. 8-

1567 and subsection (c)(3) of K.S.A. 21-3412 (b)(3) of section 5 and

amendments thereto shall be as provided by the specific mandatory sen-

tencing requirements of that section and shall not be subject to the pro-

visions of this section or K.S.A. 21-4707 and amendments thereto. Not-

withstanding the provisions of any other section, the term of

imprisonment imposed for the violation of the felony provision of K.S.A.

8-1567 and subsection (c)(3) of K.S.A. 21-3412 (b)(3) of section 5 and

amendments thereto shall not be served in a state facility in the custody

of the secretary of corrections.

(j) The sentence for any persistent sex offender whose current con-

victed crime carries a presumptive term of imprisonment shall be double

the maximum duration of the presumptive imprisonment term. The sen-

tence for any persistent sex offender whose current conviction carries a

presumptive nonprison term shall be presumed imprisonment and shall

be double the maximum duration of the presumptive imprisonment term.

Except as otherwise provided in this subsection, as used in this subsection,

``persistent sex offender'' means a person who: (1) Has been convicted in

this state of a sexually violent crime, as defined in K.S.A. 22-3717 and

amendments thereto; and (2) at the time of the conviction under subsec-

tion (1) has at least one conviction for a sexually violent crime, as defined

in K.S.A. 22-3717 and amendments thereto in this state or comparable

felony under the laws of another state, the federal government or a for-

eign government. The provisions of this subsection shall not apply to any

person whose current convicted crime is a severity level 1 or 2 felony.

(k) If it is shown at sentencing that the offender committed any felony

violation for the benefit of, at the direction of, or in association with any

criminal street gang, with the specific intent to promote, further or assist

in any criminal conduct by gang members, the offender's sentence shall

be presumed imprisonment. Any decision made by the court regarding

the imposition of the optional nonprison sentence shall not be considered

a departure and shall not be subject to appeal. As used in this subsection,

``criminal street gang'' means any organization, association or group of

three or more persons, whether formal or informal, having as one of its

primary activities the commission of one or more person felonies or felony

violations of the uniform controlled substances act, K.S.A. 65-4101 et seq.,

and amendments thereto, which has a common name or common iden-

tifying sign or symbol, whose members, individually or collectively engage

in or have engaged in the commission, attempted commission, conspiracy

to commit or solicitation of two or more person felonies or felony viola-

tions of the uniform controlled substances act, K.S.A. 65-4101 et seq., and

amendments thereto, or any substantially similar offense from another

jurisdiction.

(l) The sentence for a violation of subsection (a) of K.S.A. 21-3715

and amendments thereto when such person being sentenced has a prior

conviction for a violation of subsection (a) or (b) of K.S.A. 21-3715 or 21-

3716 and amendments thereto shall be presumed imprisonment.

Sec. 10. K.S.A. 2000 Supp. 60-3107 is hereby amended to read as

follows: 60-3107. (a) The court shall be empowered to approve any con-

sent agreement to bring about a cessation of abuse of the plaintiff or

minor children or grant any of the following orders:

(1) Restraining the parties from abusing, molesting or interfering

with the privacy or rights of each other or of any minor children of the

parties. Such order shall contain a statement that if such order is violated,

such violation may constitute assault as provided in K.S.A. 21-3408, and

amendments thereto, battery as provided in K.S.A. 21-3412, and amend-

ments thereto, domestic battery as provided in section 5, and amendments

thereto and violation of a protective order as provided in K.S.A. 2000

Supp. 21-3843, and amendments thereto.

(2) Granting possession of the residence or household to a party to

the exclusion of the other party, and further restraining the party not

granted possession from entering or remaining upon or in such residence

or household, subject to the limitation of subsection (c). Such order shall

contain a statement that if such order is violated, such violation shall

constitute criminal trespass as provided in subsection (c) of K.S.A. 21-

3721, and amendments thereto, and violation of a protective order as

provided in K.S.A. 2000 Supp. 21-3843, and amendments thereto. The

court may grant an order, which shall expire 60 days following the date

of issuance, restraining the party not granted possession from cancelling

utility service to the residence or household.

(3) Requiring a party to provide suitable, alternate housing for such

party's spouse and any minor children of the parties.

(4) Awarding temporary custody and residency and establishing tem-

porary parenting time with regard to minor children.

(5) Ordering a law enforcement officer to evict a party from the res-

idence or household.

(6) Ordering support payments by a party for the support of a party's

minor child or a party's spouse. Such support orders shall remain in effect

until modified or dismissed by the court or until expiration and shall be

for a fixed period of time not to exceed one year. On the motion of the

plaintiff, the court may extend the effect of such order for 12 months.

(7) Awarding costs and attorney fees to either party.

(8) Making provision for the possession of personal property of the

parties and ordering a law enforcement officer to assist in securing pos-

session of that property, if necessary.

(9) Requiring the person against whom the order is issued to seek

counseling to aid in the cessation of abuse.

(b) Any order entered under the protection from abuse act shall not

be subject to modification on ex parte application or on motion for tem-

porary orders in any action filed pursuant to K.S.A. 60-1601 et seq., or

K.S.A. 38-1101 et seq., and amendments thereto. Orders previously issued

in an action filed pursuant to K.S.A. 60-1601 et seq., or K.S.A. 38-1101

et seq., and amendments thereto, shall be subject to modification under

the protection from abuse act only as to those matters subject to modi-

fication by the terms of K.S.A. 60-1610 et seq., and amendments thereto,

and on sworn testimony to support a showing of good cause. Immediate

and present danger of abuse to the plaintiff or minor children shall con-

stitute good cause. If an action is filed pursuant to K.S.A. 60-1610 et seq.,

or K.S.A. 38-1101 et seq., and amendments thereto, during the pendency

of a proceeding filed under the protection from abuse act or while an

order issued under the protection from abuse act is in effect, the court,

on final hearing or on agreement of the parties, may issue final orders

authorized by K.S.A. 60-1610 and amendments thereto, that are incon-

sistent with orders entered under the protection from abuse act. Any

inconsistent order entered pursuant to this subsection shall be specific in

its terms, reference the protection from abuse order and parts thereof

being modified and a copy thereof shall be filed in both actions. The court

shall consider whether the actions should be consolidated in accordance

with K.S.A. 60-242 and amendments thereto.

(c) If the parties to an action under the protection from abuse act are

not married to each other and one party owns the residence or household,

the court shall not have the authority to grant possession of the residence

or household under subsection (a)(2) to the exclusion of the party who

owns it.

(d) Subject to the provisions of subsections (b) and (c), a protective

order or approved consent agreement shall remain in effect until modified

or dismissed by the court and shall be for a fixed period of time not to

exceed one year, except that, on motion of the plaintiff, such period may

be extended for one additional year.

(e) The court may amend its order or agreement at any time upon

motion filed by either party.

(f) No order or agreement under the protection from abuse act shall

in any manner affect title to any real property.

(g) If a person enters or remains on premises or property violating

an order issued pursuant to subsection (a)(2), such violation shall consti-

tute criminal trespass as provided in subsection (c) of K.S.A. 21-3721, and

amendments thereto, and violation of a protective order as provided in

K.S.A. 2000 Supp. 21-3843, and amendments thereto. If a person abuses,

molests or interferes with the privacy or rights of another violating an

order issued pursuant to subsection (a)(1), such violation may constitute

assault as provided in K.S.A. 21-3408, and amendments thereto, battery

as provided in K.S.A. 21-3412, and amendments thereto, domestic battery

as provided in section 5, and amendments thereto, and violation of a pro-

tective order as provided in K.S.A. 2000 Supp. 21-3843, and amendments

thereto.

Sec. 11. K.S.A. 2000 Supp. 72-1397 is hereby amended to read as

follows: 72-1397. (a) The state board of education shall not knowingly

issue a certificate to or renew the certificate of any person who has been

convicted of any offense or attempt to commit any offense specified in

subsection (c) of K.S.A. 21-4619 and amendments thereto.

(b) Except as provided in subsection (c), the state board of education

shall not knowingly issue a certificate to or renew the certificate of any

person who:

(1) Has been convicted of a felony under the uniform controlled sub-

stances act; (2) has been convicted of a felony described in any section of

article 34 of chapter 21 of the Kansas Statutes Annotated or an act de-

scribed in K.S.A. 21-3412 or section 5, and amendments thereto, if the

victim is a minor or student; (3) has been convicted of a felony described

in any section of article 35 of chapter 21 of the Kansas Statutes Annotated,

other than an act specified in subsection (c) of K.S.A. 21-4619 and amend-

ments thereto, or has been convicted of an act described in K.S.A. 21-

3517 and amendments thereto, if the victim is a minor or student; (4) has

been convicted of any act described in any section of article 36 of chapter

21 of the Kansas Statutes Annotated, other than an act specified in sub-

section (c) of K.S.A. 21-4619 and amendments thereto; (5) has been con-

victed of a felony described in article 37 of chapter 21 of the Kansas

Statutes Annotated; (6) has been convicted of an attempt under K.S.A.

21-3301, and amendments thereto, to commit any act specified in this

subsection; (7) has been convicted of any act which is described in K.S.A.

21-4301, 21-4301a or 21-4301c, and amendments thereto; (8) has been

convicted in another state or by the federal government of an act similar

to any act described in this subsection; or (9) has entered into a criminal

diversion agreement after having been charged with any offense de-

scribed in this subsection.

(c) The state board of education may issue a certificate to or renew

the certificate of a person who has been convicted of committing an of-

fense or act described in subsection (b) or who has entered into a criminal

diversion agreement after having been charged with an offense or act

described in subsection (b) if the state board determines, following a

hearing, that the person has been rehabilitated for a period of at least

five years from the date of conviction of the offense or commission of the

act or, in the case of a person who has entered into a criminal diversion

agreement, that the person has satisfied the terms and conditions of the

agreement. The state board of education may consider factors including,

but not limited to, the following in determining whether to grant a cer-

tificate:

(1) The nature and seriousness of the offense or act;

(2) the conduct of the person subsequent to commission of the of-

fense or act;

(3) the time elapsed since the commission of the offense or act;

(4) the age of the person at the time of the offense or act;

(5) whether the offense or act was an isolated or recurring incident;

and

(6) discharge from probation, pardon or expungement.

(d) Before any certificate is denied by the state board of education

for any of the offenses or acts specified in subsections (a) and (b), the

person shall be given notice and an opportunity for a hearing in accord-

ance with the provisions of the Kansas administrative procedure act.

(e) The county or district attorney shall file a report with the state

board of education indicating the name, address and social security num-

ber of any person who has been determined to have committed any of-

fense or act specified in subsection (a) or (b) or to have entered into a

criminal diversion agreement after having been charged with any offense

or act specified in subsection (b). Such report shall be filed within 30

days of the date of the determination that the person has committed any

such act or entered into any such diversion agreement.

(f) The state board of education shall not be liable for civil damages

to any person refused issuance or renewal of a certificate by reason of the

state board's compliance, in good faith, with the provisions of this section.

Sec. 12. K.S.A. 2000 Supp. 72-5445 is hereby amended to read as

follows: 72-5445. (a) (1) Subject to the provisions of subsection (b), the

provisions of K.S.A. 72-5438 through 72-5443, and amendments thereto,

apply only to: (A) Teachers who have completed not less than three con-

secutive years of employment, and been offered a fourth contract, in the

school district, area vocational-technical school or community college by

which any such teacher is currently employed; and (B) teachers who have

completed not less than two consecutive years of employment, and been

offered a third contract, in the school district, area vocational-technical

school or community college by which any such teacher is currently em-

ployed if at any time prior to the current employment the teacher has

completed the years of employment requirement of subpart (A) in any

school district, area vocational-technical school or community college in

this state.

(2) Any board may waive, at any time, the years of employment

requirements of provision (1) for any teachers employed by it.

(3) The provisions of this subsection are subject to the provisions of

K.S.A. 72-5446, and amendments thereto.

(b) The provisions of K.S.A. 72-5438 through 72-5443, and amend-

ments thereto, do not apply to any teacher whose certificate has been

nonrenewed or revoked by the state board of education for the reason

that the teacher: (1) Has been convicted of a felony under the uniform

controlled substances act; (2) has been convicted of a felony described in

any section of article 34 of chapter 21 of the Kansas Statutes Annotated

or an act described in K.S.A. 21-3412 or section 5, and amendments

thereto, if the victim is a minor or student; (3) has been convicted of a

felony described in any section of article 35 of chapter 21 of the Kansas

Statutes Annotated, or has been convicted of an act described in K.S.A.

21-3517 and amendments thereto, if the victim is a minor or student; (4)

has been convicted of any act described in any section of article 36 of

chapter 21 of the Kansas Statutes Annotated; (5) has been convicted of a

felony described in article 37 of chapter 21 of the Kansas Statutes An-

notated; (6) has been convicted of an attempt under K.S.A. 21-3301, and

amendments thereto, to commit any act specified in this subsection; (7)

has been convicted of any act which is described in K.S.A. 21-4301, 21-

4301a or 21-4301c, and amendments thereto; (8) has been convicted in

another state or by the federal government of an act similar to any act

described in this subsection; or (9) has entered into a criminal diversion

agreement after having been charged with any offense described in this

subsection.

Sec. 13. K.S.A. 2000 Supp. 74-5602 is hereby amended to read as

follows: 74-5602. As used in the Kansas law enforcement training act:

(a) ``Training center'' means the law enforcement training center

within the division of continuing education of the university of Kansas,

created by K.S.A. 74-5603 and amendments thereto.

(b) ``Commission'' means the Kansas law enforcement training com-

mission, created by K.S.A. 74-5606 and amendments thereto.

(c) ``Dean'' means the dean of the division of continuing education

of the university of Kansas.

(d) ``Director,'' as created in K.S.A. 74-5603 and amendments

thereto, means the director of police training at the law enforcement

training center.

(e) ``Police officer'' or ``law enforcement officer'' means a full-time or

part-time salaried officer or employee of the state, a county or a city,

whose duties include the prevention or detection of crime and the en-

forcement of the criminal or traffic laws of this state or of any municipality

thereof. Such terms shall include, but not be limited to, the sheriff, un-

dersheriff and full-time or part-time salaried deputies in the sheriff's of-

fice in each county; deputy sheriffs deputized pursuant to K.S.A. 19-2858

and amendments thereto; conservation officers of the Kansas department

of wildlife and parks; campus police officers at all state educational insti-

tutions or a municipal university; law enforcement agents of the director

of alcoholic beverage control; law enforcement agents of the Kansas lot-

tery; law enforcement agents of the Kansas racing commission; deputies

and assistants of the state fire marshal having law enforcement authority;

capitol area security guards, existing under the authority of K.S.A. 75-

4503 and amendments thereto. Such terms shall also include railroad

policemen appointed pursuant to K.S.A. 66-524 and amendments

thereto; and school security officers designated as school law enforcement

officers pursuant to K.S.A. 72-8222 and amendments thereto. Such terms

shall not include any elected official, other than a sheriff, serving in the

capacity of a law enforcement or police officer solely by virtue of such

official's elected position; any attorney-at-law having responsibility for law

enforcement and discharging such responsibility solely in the capacity of

an attorney; any employee of the secretary of corrections or the secretary

of social and rehabilitation services; any deputy conservation officer of

the Kansas department of wildlife and parks; or any employee of a city

or county who is employed solely to perform correctional duties related

to jail inmates and the administration and operation of a jail; or any full-

time or part-time salaried officer or employee whose duties include the

issuance of a citation or notice to appear provided such officer or em-

ployee is not vested by law with the authority to make an arrest for vio-

lation of the laws of this state or any municipality thereof, and is not

authorized to carry firearms when discharging the duties of such person's

office or employment. Such term shall include any officer appointed or

elected on a provisional basis.

(f) ``Full-time'' means employment requiring at least 1,000 hours of

work per year.

(g) ``Part-time'' means employment on a regular schedule or employ-

ment which requires a minimum number of hours each payroll period,

but in any case requiring less than 1,000 hours of work per year.

(h) ``Misdemeanor crime of domestic violence'' means a violation of

domestic battery as defined by subsection (c)(4) of K.S.A. 21-3412 pro-

vided by section 5 and amendments thereto, or any other misdemeanor

under federal, municipal or state law that has as an element the use or

attempted use of physical force, or the threatened use of a deadly weapon,

committed by a current or former spouse, parent, or guardian of the

victim, by a person with whom the victim shares a child in common, by

a person who is cohabiting with or has cohabited with the victim as a

spouse, parent or guardian, or by a person similarly situated to a spouse,

parent or guardian of the victim.

(i) ``Auxiliary personnel'' means members of organized nonsalaried

groups which operate as an adjunct to a police or sheriff's department,

including reserve officers, posses and search and rescue groups.

New Sec. 14. (a) If a judicial district creates a local fund under this

act, the court may impose a fee as provided in this section against any

defendant for crimes involving a family or household member as provided

in section 5, and amendments thereto. The chief judge of each judicial

district where such fee is imposed shall set the amount of such fee by

rules adopted in such judicial district in an amount not to exceed $100

per case.

(b) Such fees shall be deposited into the local fund and disbursed

pursuant to recommendations of the chief judge under this act. All mon-

eys collected by this section shall be paid into the domestic violence spe-

cial programs fund in the county where the fee is collected, as established

by the judicial district and as authorized by this act.

(c) Expenditures made in each judicial district shall be determined

by the chief judge and shall be paid to domestic violence programs ad-

ministered by the court and to local programs within the judicial district

that enhance a coordinated community justice response to the issue of

domestic violence.

Sec. 15. K.S.A. 21-3440, 22-2802 and 60-3108 and K.S.A. 2000 Supp.

12-4301, 21-3412, 21-4603d, 21-4704, 60-3107, 72-1397, 72-5445 and 74-

5602 are hereby repealed.

Sec. 16. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 17, 2000.


__________



Date Composed: 09/25/2001 Date Modified: 09/25/2001