22-4616. Domestic violence offenses; designation; special sentencing provision.

284 words·~1 min read·/ks/chapter-22/22-4616

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)On and after July 1, 2011, in all criminal cases filed in the district court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense. On and after July 1, 2013, in all criminal cases filed in the municipal court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense.

(1)Except as provided further, if the trier of fact determines that the defendant committed a domestic violence offense, the court shall place a domestic violence designation on the criminal case and the defendant shall be subject to the provisions of subsection

(p)of K.S.A. 21-6604 , and amendments thereto.

(2)The court shall not place a domestic violence designation on the criminal case and the defendant shall not be subject to the provisions of subsection

(p)of K.S.A. 21-6604 , and amendments thereto, only if the court finds on the record that:

(A)The defendant has not previously committed a domestic violence offense or participated in a diversion upon a complaint alleging a domestic violence offense; and

(B)the domestic violence offense was not used to coerce, control, punish, intimidate or take revenge against a person with whom the offender is involved or has been involved in a dating relationship or against a family or household member.

(b)The term "domestic violence offense" shall have the meaning provided in K.S.A. 21-5111 , and amendments thereto.

(c)This section shall be a part of and supplemental to the Kansas code for criminal procedure.