{"data":{"id":"us-ks/k.s.a.-22-4616","jurisdiction":"us-ks","citation":"K.S.A. 22-4616","heading":"Domestic violence offenses; designation; special sentencing provision.","body":"(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.\n(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.\n(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:\n(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\n(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.\n(b) The term \"domestic violence offense\" shall have the meaning provided in K.S.A. 21-5111, and amendments thereto.\n(c) This section shall be a part of and supplemental to the Kansas code for criminal procedure.","path":["Chapter 22.—CRIMINAL PROCEDURE","Article 46.—GENERAL PROVISIONS"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch22/022_046_0016.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-09-04T15:11:18Z","sha256":"fe330bea7399d13e7ba042101e5f72045b803ea9dbf84328f09a5a8c7bd63e0f","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-22-4615","next":"us-ks/k.s.a.-22-4617"},"notice":"GroundRules: Original legal text. Not legal advice."}