There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of South Hutchinson, Kansas, that certain code known as the Uniform Public Offense Code, 39^th Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. One official copy of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Adopted by Ordinance No. 23-03,” and to which shall be attached a copy of this article or the adopting ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Ord. 19-914; Ord. 21-12; Ord. 23-03)

Section 10.13 of the Uniform Public Offense Code is hereby deleted in its entirety.

(Ord. 87-496)

Section 3.1 of the Uniform Public Offense Code is hereby amended to read as follows:

(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 consecutive 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 to 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, having at least one time before within such period been convicted for such crime or a violation of a comparable crime under the laws of any municipality, state, federal government or foreign government, 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 an grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and 9omplete a treatment program for domestic violence prevention.

(3)   As used in this section

(A)  Domestic battery means a battery against a family or household member by a family or household member; and

(B)  Family or household member means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children 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.

(Ord. 96-614, Sec. 1)