Kansas Law Regarding Battery against a Law Enforcement Officer
Full Question:
Answer:
The following are KS statutes:
21-3413. Battery against a law enforcement officer.
**Update Notice: This section has been amended by
CHAPTER 195 of 2007
(a) Battery against a law enforcement officer is:
(1) Battery, as defined in subsection (a)(2) of K.S.A. 21-3412, and
amendments thereto, committed against:
(A) A uniformed or properly
identified university or campus police officer while such officer is
engaged in the performance of such officer's duty; or
(B) a uniformed or
properly identified state, county or city law enforcement officer, other
than a state correctional officer or employee, a city or county
correctional officer or employee, a juvenile correctional facility
officer or employee or a juvenile detention facility officer or
employee, while such officer is engaged in the performance of such
officer's duty; or
(2) battery, as defined in subsection (a)(1) of K.S.A. 21-3412, and
amendments thereto, committed against:
(A) A uniformed or properly
identified university or campus police officer while such officer is
engaged in the performance of such officer's duty; or
(B) a uniformed or
properly identified state, county or city law enforcement officer, other
than a state correctional officer or employee, a city or county
correctional officer or employee, a juvenile correctional facility
officer or employee or a juvenile detention facility officer or
employee, while such officer is engaged in the performance of such
officer's duty; or
(3) battery, as defined in K.S.A. 21-3412, and amendments thereto,
committed against:
(A) A state correctional officer or employee by a person
in custody of the secretary of corrections, while such officer or employee
is engaged in the performance of such officer's or employee's duty;
(B) committed against a juvenile correctional facility officer or
employee by a person confined in such juvenile correctional facility, while
such officer or employee is engaged in the performance of such officer's or
employee's duty;
(C) committed against a juvenile detention facility officer or employee
by a person confined in such juvenile detention facility, while such
officer or employee is engaged in the performance of such officer's or
employee's duty;
(D) committed against a city or county correctional officer or employee
by a person confined in a city holding facility or county jail facility,
while such officer or employee is engaged in the performance of such
officer's or employee's duty.
(b) Battery against a law enforcement officer as defined in subsection
(a)(1) is a class A person misdemeanor. Battery against a law enforcement
officer as defined in subsection (a)(2) is a severity level 7, person
felony. Battery against a law enforcement officer as defined in subsection
(a)(3) is a severity level 5, person felony.
(c) As used in this section:
(1) "Correctional institution" means any institution or facility under
the supervision and control of the secretary of corrections.
(2) "State correctional officer or employee" means any officer or
employee of the Kansas department of corrections or any independent
contractor, or any employee of such contractor, working at a correctional
institution.
(3) "Juvenile correctional facility officer or employee" means any
officer or employee of the juvenile justice authority or any independent
contractor, or any employee of such contractor, working at a juvenile
correctional facility, as defined in K.S.A. 38-1602 and amendments thereto.
(4) "Juvenile detention facility officer or employee" means any officer
or employee of a juvenile detention facility as defined in K.S.A. 38-1602
and amendments thereto.
(5) "City or county correctional officer or employee" means any
correctional officer or employee of the city or county or any independent
contractor, or any employee of such contractor, working at a city holding
facility or county jail facility.
21-3411. Aggravated assault of a law enforcement officer.
(a) Aggravated assault of a law enforcement officer is an aggravated
assault, as defined in K.S.A. 21-3410 and amendments thereto:
(1) Committed against a uniformed or properly identified state, county or
city law enforcement officer while such officer is engaged in the
performance of such officer's duty; or
(2) committed against a uniformed or properly identified university or
campus police officer while such officer is engaged in the performance of
such officer's duty.
(b) Aggravated assault of a law enforcement officer is a severity level
6, person felony. A person convicted of aggravated assault of a law
enforcement officer shall be subject to the provisions of subsection (g) of
K.S.A. 21-4704, and amendments thereto.
21-3410. Aggravated assault.
Aggravated assault is an assault, as defined in K.S.A. 21-3408 and
amendments thereto, committed:
(a) With a deadly weapon;
(b) while disguised in any manner designed to conceal identity; or
(c) with intent to commit any felony.
Aggravated assault is a severity level 7, person felony. A person
convicted of aggravated assault shall be subject to the provisions of
subsection (h) of K.S.A. 21-4704 and amendments thereto.
Sec. 10. K.S.A. 2006 Supp. 20-302b is hereby amended to read as
follows: 20-302b.
(a) A district magistrate judge shall have the
jurisdiction and power, in any case in which a violation of the laws of
the state is charged, to conduct the trial of traffic infractions,
cigarette or tobacco infractions or misdemeanor charges, to conduct the
preliminary examination of felony charges and to hear felony arraignments
subject to assignment pursuant to K.S.A. 20-329 and amendments thereto.
Except as otherwise provided, in civil cases, a district magistrate judge
shall have jurisdiction over actions filed under the code of civil
procedure for limited actions, K.S.A. 61-2801 et seq., and amendments
thereto, and concurrent jurisdiction, powers and duties with a district
judge. Except as otherwise specifically provided in subsection (b), a
district magistrate judge shall not have jurisdiction or cognizance over
the following actions:
(1) Any action, other than an action seeking judgment for an unsecured
debt not sounding in tort and arising out of a contract for the provision
of goods, services or money, in which the amount in controversy,
exclusive of interests and costs, exceeds $10,000. The provisions of this
subsection shall not apply to actions filed under the code of civil
procedure for limited actions, K.S.A. 61-2801 et seq. and amendments
thereto. In actions of replevin, the affidavit in replevin or the
verified petition fixing the value of the property shall govern the
jurisdiction. Nothing in this paragraph shall be construed as limiting
the power of a district magistrate judge to hear any action pursuant to
the Kansas probate code or to issue support orders as provided by
paragraph (6) of this subsection;
(2) actions against any officers of the state, or any subdivisions
thereof, for misconduct in office;
(3) actions for specific performance of contracts for real estate;
(4) actions in which title to real estate is sought to be recovered or
in which an interest in real estate, either legal or equitable, is sought
to be established. Nothing in this paragraph shall be construed as
limiting the right to bring an action for forcible detainer as provided
in the acts contained in K.S.A. 61-3801 through 61-3808, and amendments
thereto. Nothing in this paragraph shall be construed as limiting the
power of a district magistrate judge to hear any action pursuant to the
Kansas probate code;
(5) actions to foreclose real estate mortgages or to establish and
foreclose liens on real estate as provided in the acts contained in
article 11 of chapter 60 of the Kansas Statutes Annotated, and amendments
thereto;
(6) actions for divorce, separate maintenance or custody of minor
children. Nothing in this paragraph shall be construed as limiting the
power of a district magistrate judge to: (A) Except as provided in
subsection (e), hear any action pursuant to the Kansas code for care of
children or the revised Kansas juvenile justice code; (B) establish,
modify or enforce orders of support, including, but not limited to,
orders of support pursuant to the Kansas parentage act, K.S.A. 23-9,101
et seq., 39-718b, 39-755 or 60-1610 or K.S.A. 23-4,105 through 23-4,118,
23-4,125 through 23-4,137, 38-1542, 38-1543 or 38-1563or K.S.A. 2006
Supp. 38-2338, 38-2339 or 38-2350, and amendments thereto; or (C) enforce
orders granting visitation rights or parenting time;
(7) habeas corpus;
(8) receiverships;
(9) change of name;
(10) declaratory judgments;
(11) mandamus and quo warranto;
(12) injunctions;
(13) class actions;
(14) rights of majority; and
.(15) actions pursuant to K.S.A. 59-29a01 et seq. and amendments thereto
(b) Notwithstanding the provisions of subsection (a), in the absence,
disability or disqualification of a district judge, a district magistrate
judge may:
(1) Grant a restraining order, as provided in K.S.A. 60-902 and
amendments thereto;
(2) appoint a receiver, as provided in K.S.A. 60-1301 and amendments
thereto; and
(3) make any order authorized by K.S.A. 60-1607 and amendments thereto.
(c) In accordance with the limitations and procedures prescribed by
law, and subject to any rules of the supreme court relating thereto, any
appeal permitted to be taken from an order or final decision of a district
magistrate judge shall be tried and determined de novo by a district
judge, except that in civil cases where a record was made of the action
or proceeding before the district magistrate judge, the appeal shall be
tried and determined on the record by a district judge.
(d) Except as provided in subsection (e), upon motion of a party, the
chief judge may reassign an action from a district magistrate judge to a
district judge.
(e) Upon motion of a party for a petition or motion filed under the
Kansas code for care of children requesting termination of parental
rights pursuant to K.S.A. 38-1581 through 38-1587K.S.A. 2006 Supp. 38-2361
through 38-2367, and amendments thereto, the chief judge shall reassign
such action from a district magistrate judge to a district judge.
Sec. 11. K.S.A. 2006 Supp. 21-3413 is hereby amended to read as follows:
21-3413.
(a) Battery against a law enforcement officer is:
(1) Battery, as defined in subsection (a)(2) of K.S.A. 21-3412, and
amendments thereto, committed against: (A) A uniformed or properly
identified university or campus police officer while such officer is
engaged in the performance of such officer's duty; or (B) a uniformed or
properly identified state, county or city law enforcement officer, other
than a state correctional officer or employee, a city or county
correctional officer or employee, a juvenile correctional facility
officer or employee or a juvenile detention facility officer or
employee, while such officer is engaged in the performance of such
officer's duty; or
(2) battery, as defined in subsection (a)(1) of K.S.A. 21-3412, and
amendments thereto, committed against: (A) A uniformed or properly
identified university or campus police officer while such officer is
engaged in the performance of such officer's duty; or (B) a uniformed or
properly identified state, county or city law enforcement officer, other
than a state correctional officer or employee, a city or county
correctional officer or employee, a juvenile correctional facility
officer or employee or a juvenile detention facility officer or
employee, while such officer is engaged in the performance of such
officer's duty; or
(3) battery, as defined in K.S.A. 21-3412, and amendments thereto,
committed against:
(A) A state correctional officer or employee by a
person in custody of the secretary of corrections, while such officer or
employee is engaged in the performance of such officer's or employee's
duty;
(B) committed against a juvenile correctional facility officer or
employee by a person confined in such juvenile correctional facility,
while such officer or employee is engaged in the performance of such
officer's or employee's duty;
(C) committed against a juvenile detention facility officer or employee
by a person confined in such juvenile detention facility, while such
officer or employee is engaged in the performance of such officer's or
employee's duty; or
(D) committed against a city or county correctional officer or employee
by a person confined in a city holding facility or county jail facility,
while such officer or employee is engaged in the performance of such
officer's or employee's duty.
(b) Battery against a law enforcement officer as defined in subsection
(a)(1) is a class A person misdemeanor. Battery against a law enforcement
officer as defined in subsection (a)(2) is a severity level 7, person
felony. Battery against a law enforcement officer as defined in
subsection (a)(3) is a severity level 5, person felony.
(c) As used in this section:
(1) "Correctional institution" means any institution or facility under
the supervision and control of the secretary of corrections.
(2) "State correctional officer or employee" means any officer or
employee of the Kansas department of corrections or any independent
contractor, or any employee of such contractor, working at a correctional
institution.
(3) "Juvenile correctional facility officer or employee" means any
officer or employee of the juvenile justice authority or any independent
contractor, or any employee of such contractor, working at a juvenile
correctional facility, as defined in K.S.A. 38-1602K.S.A. 2006 Supp.
38-2302, and amendments thereto.
(4) "Juvenile detention facility officer or employee" means any officer
or employee of a juvenile detention facility as defined in K.S.A. 38-1602
K.S.A. 2006 Supp. 38-2302, and amendments thereto.
(5) "City or county correctional officer or employee" means any
correctional officer or employee of the city or county or any independent
contractor, or any employee of such contractor, working at a city holding
facility or county jail facility.