(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. 2020 Supp. 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. 2020 Supp. 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. 2020 Supp. 21-5111, and amendments thereto.(c) This section shall be a part of and supplemental to the Kansas code for criminal procedure.
K.S.A. 22-4616
Amended by L. 2012, ch. 162,§ 17, eff. 5/31/2012.Amended by L. 2011, ch. 30,§ 141, eff. 7/1/2011.Added by L. 2010, ch. 101,§ 1, eff. 7/1/2010.
