ORDINANCE NO. 240948

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Sponsor:  Councilmember Crispin Rea and Mayor Pro Tem Ryana Parks-Shaw

Amending Chapter 50, Code of Ordinances, by enacting a new Section 50-177, “Domestic Assault”, for the purpose of instituting a specific municipal ordinance violation for domestic assault.

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WHEREAS, domestic violence is a serious issue that affects the safety and well-being of individuals, families, and the community; and

WHEREAS, it is essential to ensure that victims of domestic assault are protected and that those who commit acts of violence against domestic victims are held accountable under appropriate legal standards; and

WHEREAS, the City of Kansas City seeks to align its local ordinances with state laws to ensure that domestic assault offenses are properly categorized and prosecuted, reflecting the seriousness of these offenses; and

WHEREAS, creating a specific municipal offense for domestic assault will provide a clear legal framework for addressing such incidents in a manner that supports victims and reinforces the City's commitment to public safety; and

WHEREAS, this ordinance is designed to provide law enforcement and prosecutors with the necessary tools to address domestic violence cases effectively within the municipal court system; NOW, THEREFORE,

                     BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

                     Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, is hereby amended by enacting a new Section 50-177, entitled “Domestic Assault,” to read as follows:

Sec. 50-177. Domestic Assault

(a)                     Definitions. As used in this section, the following terms shall mean:

(1)                     Domestic victim means spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resident together at any time.

(b)                     Violations. A person commits the ordinance violation of domestic assault if the act involves a domestic victim, as defined in this section, and:

(1)                     The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;

(2)                     With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;

(3)                     The person purposely places such domestic victim in apprehension of immediate physical injury by any means;

(4)                     The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim;

(5)                     The person knowingly causes physical contact with such domestic victim knowing they will regard the contact as offensive; or

(6)                     The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices, or transportation for the purpose of isolation.

(c)                     Penalty. Any person found guilty of violating this section shall be punished by imprisonment not to exceed 180 days or by a fine of not less than $250.00 nor more than $1,000.00, or by both such imprisonment and fine.

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Approved as to form:

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Andrew Bonkowski

Assistant City Attorney