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AN ACT concerning crimes and punishment; relating to domestic battery;
  amending K.S.A. 1996 Supp. 21-3412 and repealing the existing
  section.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 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, or in the court's
discretion 100 hours of public service, and fined not less than $200, nor
more than $500 or in the court's discretion. The person convicted must
serve at least 48 consecutive hours' imprisonment or 100 hours of public
service either before or as a condition of any grant of probation or sus-
pension, reduction of sentence or parole. In addition, the court may shall
enter an order which requires the person enroll in and successfully com-
plete a domestic violence prevention program.
  (2)  If, within five years immediately preceding commission of the
crime, a person is convicted On a second conviction of a violation of this
section a second time under circumstances which constitute a domestic
battery, such a person shall be guilty of a class A person misdemeanor
and sentenced to not less than 90 days nor more than one year's impris-
onment 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 re-
lease 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. Except as provided in paragraph (5), 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 On the third or subsequent conviction of a
violation of this crime a third or subsequent time section under circum-
stances which constitute a domestic battery, such a 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. Except as provided in paragraph (5), the person convicted shall
not be eligible for release on probation, suspension or reduction of sen-
tence 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.
  (5)  On a second or subsequent conviction of a violation of this section
under circumstances which constitute a domestic battery, the court may
place the person convicted under a house arrest program, pursuant to
K.S.A. 21-4603b, and amendments thereto, to serve the remainder of the
minimum sentence only after such person has served 48 consecutive hours'
imprisonment.
  Sec. 2.  K.S.A. 1996 Supp. 21-3412 is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the statute book.