ORDINANCE NUMBER 16-10861
AN ORDINANCE AMENDING SALINA CODE SECTION 25-52 PERTAINING TO BATTERY AGAINST A LAW ENFORCEMENT OFFICER AND REPEALING EXISTING SECTION 25-52.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. Section 25-52 of the Salina Code is amended to read as follows:
Sec. 25-52. Battery Against a Law Enforcement Officer.
(a) Battery against a law enforcement officer is a battery, as defined in Section 25.51 of this article, committed against a:
(1) Uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty;
(2) 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, or a juvenile detention facility officer, or employee, while such officer is engaged in the performance of such officer’s duty;
(3) Judge, while such judge is engaged in the performance of such judge’s duty;
(4) Attorney, while such attorney is engaged in the performance of such attorney’s duty; or
(5) Community corrections officer or court services officer, while such officer is engaged in the performance of such officer’s duty;
(b) As used in this section:
(1) Judge means a duly elected or appointed justice of the supreme court, judge of the court of appeals, judge of any district court of Kansas, district magistrate judge or municipal court judge;
(2) Attorney means a (A) City attorney, assistant city attorney, city prosecutor, assistant city prosecutor, county attorney, assistant county attorney, special assistant county attorney, district attorney, assistant district attorney, special assistant district attorney, attorney general, assistant attorney general or special assistant attorney general; and (B) public defender, assistant public defender, contract counsel for the state board of indigents’ defense services or an attorney who is appointed by the court to perform services for an indigent person as provided by article 45 of chapter 22 of the Kansas Statutes Annotated and amendments thereto;
(3) Community Corrections Officer means an employee of a community correctional services program responsible for supervision of adults or juveniles as assigned by the court to community corrections supervision and any other employee of a community correctional services program that provides enhanced supervision of offenders such as house arrest and surveillance programs; and
(4) Court Services Officer means an employee of the Kansas judicial branch or local judicial district responsible for supervising, monitoring or writing reports relating to adults or juveniles as assigned by the court, or performing related duties as assigned by the court. (K.S.A. Supp. 21-5413)
Battery against a law enforcement officer is a Class A violation.
Section 2. Repealer. Existing Salina Code Section 25-52 is repealed.
Section 3. Effective. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary.
Ordinance No. 16-10861 Summary
On September 12, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10861. The ordinance amends the Salina Code Sec. 25-52 pertaining to Battery Against a Law Enforcement Officer and repeals the existing section. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Introduced: September 12, 2016
Passed: September 12, 2016
Kaye J. Crawford, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg Bengtson, City Attorney