The opinion of the court was delivered by
The State appeals the denial of its motion to amend a complaint charging defendant Tung Thanh Le with felony reckless aggravated battery against a law enforcement officer pursuant to K.S.A. 21-3414 and the subsеquent dismissal of the complaint. The district judge determined that a law enforcement officer was not a member of the class the legislature intended to protect when it enacted the general aggravаted battery statute, K.S.A. 21-3414.
On May 2, 1995, the defendant was shot by a Kansas Highway Patrol Trooper who was being dragged by the defendant’s vehicle as the defendant attempted to flee from a traffic stop. The State *846 charged the driver with intentional aggravated battery against a law enforcement officer, K.S.A. 21-3415, and possession of marijuana.
K.S.A.'21-3415 provides:
“(a) Aggravated battery against a law enforcement officer is: (1) an aggravated battery [intentionally causing great bodily harm to ánother person or disfigurement of another person] committed agáinst a uniformed or properly identified state, county, or city law enforcemeiit officer while thе officer is engaged in the performance of the officer’s duty; or •
(2) an aggravated battery, [intentionally causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement, or death can be inflicted] or [intentionally causing physical contact with another person when doné in a rude,' insulting, or angry manner with a deadly weapon, or in any manner whereby great bodily harm, disfigurement, or death can be inflicted] committed against a uniformed of properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officеr’s duty.” . .
After evidence was presented at. the preliminary examination, the judge dismissed the charge of aggravated battery against a law enforcement officer, finding that there was no probable causе that the defendant’s actions were intentional, a statutory element of K.S.A. 21-3415.
The State refiled the complaint. Cpunt I of the second complaint charged that the defendant “recklessly cause[d] bodily harm to anothеr person, to-wit: Daniel Dick, a uniformed State Law Enforcement Officer, with a deadly weapon, to-wit: Ford Bronco” (emphasis added) and cited K.S.A. 21-3415 as authority for the charge. Count II remained the same. Le was bоund over for arraignment on both counts. An information was filed.
. After the arraignment, Le filed a motion to dismiss the aggravated. battery against a law enforcement officer charge, pointing out that K.S.A. 21-3415 required that he bе charged for an intentional act of battery and not a reckless act. Le pointed out that the legislature had not enacted a statutory crime of reckless aggravated battery against a law- еnforcement officer. The State moved to amend the information to charge Le with recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement, or death can be in *847 flicted pursuant to K.S.A. 21-3414(a)(2)(B), the general aggravated battery statute. ■ •
At the hearing on the motion, the judge determined that the State’s proposed amendment violated the rule of statutory construction requiring a specific statute to be charged over a'general statute. The district judge observed that the legislature intended intentional aggravated battery against a law enforcement officer to be a distinct act from aggravated battery set out in K.S.A. 21-3414. The district judge denied the State’s motion to amend the information, holding that the State could not proceed with-the general aggravated battery statute because the victim was a law enforcement officer, a distinct class protected under specific statutes. In reaching this conclusion, the judge-stated: .
“The State should not be allowed to cirсumvent the legislative intent with'the pretext that Trooper Dick is merely a member of the general public. Trooper Dick is a member of a particular specific class that has been identified by the legislаture. An amendment to the information would not prejudice the defendant. However, the particular proposed amendment I believe violates the rule óf statutory construction which requires a specifiс statute to be charged over a general statute.”
The judge then opined that K.S.A. 21-3413, the simple battery against a law enforcement officer statute, provided the authority for charging the defendant with reckless aggravated battery against a law enforcement officer, a misdemeanor. The judge observed that the State could proceed with the prosecution of a misdemeanor battery against a lаw enforcement officer or dismiss the case. The State declined to prosecute the defendant for misdemeanor battery, and the judge granted the defendant’s motion to dismiss. The State timely appealed pursuant to K.S.A. 22-3602(b)(1), claiming that the district court erroneously applied the law of statutory construction in concluding that the legislature did not intend law enforcement officers to be members of the class protected by the general aggravated battery statute, K.S.A. 21-3414.
In construing statutes and determining legislative intent, several provisions of an act,
in pari materia,
must be construed together with a view of reconciling and bringing them into workable har
*848
mony and giving effect to the entire áct if it is reasonably possible to do so.
State v. Gonzales,
In 1992, the legislature amended the battery statute to include both intentional and reckless acts. L. 1992, ch. 298, § 11. During the same session, the legislature amended the general aggravated battery statute to include reckless and intentional acts. L. 1992, ch. 298, § 12.
K.S.A. 21-3412 provides:
“Battery is:
(a) Intentionally or recklessly causing bodily harm to another person; or
(b) intentionally causing physical contact with another person when doné in a rude, insulting or angry manner.” (Emphasis added.)
K.S.A. 21-3414 provides:
“(a) Aggravated battery is:
(1)(A) intentionally causing great bodily harm to another person or disfigurement of another person; or
(B) intentionally causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement, or death can be inflicted; or
(C) intentionally causing physical contact with another person when done in a rude, insulting, or angry manner with a dеadly weapon, or in any manner whereby great bodily harm, disfigurement, or death can be inflicted; or
(2)(A) recklessly causing great bodily harm to another person or disfigurement of another person; or
(B) recklessly сausing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement, or death can be inflicted.
“(b) Aggravated battery as described in subsection (a)(1)(A) is a severity level 4, person felony. Aggravated battery as describéd in subsections (a)(1)(B) and (a)(1)(C) is a severity level 7, person felony. Aggravated battery as described in subsection (a)(2)(A) is a severity level 5, person felony. Aggravated battery as dеscribed in section (a)(2)(B) is a severity level 8, person felony. A person con *849 victed of aggravated battery shall be subject to the provisions of subsection (h) of K.S.A. 21-4704 and amendments thereto.” .
The aggravated battery against a law enforcement officer statute was enacted in 1969. L. 1969, ch. 180. Prior to that time, no distinction was made between aggravated battery against á law enforcement officer and aggravated bаttery of other's. The 1969 enactment of 21-3415 increased file felony classification for intentional aggravated battery against'a law enforcement officer from a Class C felony applicable, to the general aggravated battery statute to a Class B felony. The enactment carried out the policy of the legislature to provide for increased penalties for attacks upon law enforcement officers performing théir.duties.
In 1992, when the legislature amended the aggravated battery statute to include reckless aggravated battery, the aggravated battery against a law enforcement officеr statute was not ámended to include the element of recklessly causing great bodily harm or bodily harm. Only intentional acts of aggravated battery against a law enforcement officer are set out in K.S.A. 21-3415.
In determining lеgislative intent, courts are not limited to a mere consideration of the language used, but look to the historical background of the enactment, the circumstances attending its passage, the purposе to be accomplished, and the effect the statute may have under the various constructions suggested.
State v. Gonzales,
“This section [K.S.A. 21-3415, level 6 person felony] continues die policy of increasing the felony class for the intentional aggravated battery of a law enforcement оfficer. Reckless aggravated battery of a law enforcement officer is covered by the general provision on aggravated battery. If reckless aggravated battery received the same felony class increase, an anomalous situation would result because the penalty for a reckless aggravated battery of a law enforcement officer would result in a higher penalty than that prоscribed for a reckless act causing the death of a law enforcement officer [covered by K.S.A, 21-3404, involuntary manslaughter, a level 5 person felony].” (Emphasis added.) Tonkovich, The Kansas Criminal Code: 1992 Amendments, 41 Kan. L. Rev., Crim. Proc. Ed. 73, 84 (1993).
*850
The legislature is presumed tо intend that a statute be given a reasonable construction so as to avoid unreasonable or absurd results.
Todd v.
Kelly,
The district court is reversed, and the case is remanded for further proceedings.