| Last Action | 04/05/24: signed by Governor (Acts Ch. 106) |
|---|---|
| Title | AN ACT relating to the protection of children. |
| Bill Documents |
Acts Chapter 106
Current/Final Introduced |
| Fiscal Impact Statements |
Corrections Impact
Local Mandate Additional Fiscal Impact Statements Exist |
| Bill Request Number | 868 |
| Sponsors | M. Lockett, D. Fister, S. Baker, J. Bauman, S. Bratcher, E. Callaway, J. Decker, S. Doan, R. Duvall, D. Elliott, C. Fugate, D. Hale, M. Hart, J. Hodgson, M. Imes, K. King, C. Massaroni, R. Palumbo, S. Rawlings, W. Thomas, T. Truett, R. White |
| Summary of Enacted Version | Amends KRS 15A.190 to require that the Justice and Public Safety Cabinet include crimes involving childhood sexual assault or abuse on the JC-3 form; amends KRS 160.380 to provide that a superintendent shall not employ any person who has been convicted of an offense that would classify the person as a violent offender, a sex crime, or a misdemeanor offense under KRS Chapter 510, or who is required to register as a sex offender; amends KRS 413.249 to provide that a civil action arising from childhood sexual assault or abuse shall be brought within 10 years of the victim attaining the age of 18 years; creates new sections of KRS Chapter 436 to declare legislative findings relating to pornography, to define terms, to establish a civil cause of action against any commercial entity that publishes matter harmful to minors on the internet without obtaining age verification, to require removal of personal data following review for access, to establish civil causes of action for violations, and to establish limitations on applicability and liability; amends KRS 510.050 and 510.080 to provide an enhanced penalty when the defendant is a person in a position of authority or position of special trust; amends KRS 510.155 to enhance the penalty of unlawful use of electronic means to induce a minor to a Class C felony, and to enhance the penalty to a Class B felony if the minor or perceived minor is under 12 years old, the offender is a person is in a position of authority or position of special trust, the offender is a registered sex offender, a person travels into the Commonwealth for the purpose of procuring or promoting the use of a minor, or the child procured or promoted is for human trafficking where the offense involves commercial sexual activity; amends KRS 529.100 to enhance the penalty for human trafficking to a Class B felony, unless the victim is a minor, in which case it is a Class A felony; amends KRS 529.110 to enhance the penalty for promoting human trafficking to a Class C felony unless the victim is a minor, in which case it is a Class B felony; amends KRS 531.340 to enhance the penalty for distribution of matter portraying a sexual performance by a minor to a Class C felony if the victim is under 18 years old and a Class B felony if the victim is under 12 years old, and to provide that any person convicted of distribution of matter portraying a sexual performance by a minor shall not be released on probation or parole without serving 85 percent of the sentence imposed; amends KRS 532.060 to require a person who has been convicted of a violation of KRS 529.100, 529.110, 531.320, 531.335, or 531.340 to serve five years of postincarceration supervision; and amends KRS 532.200 to redefine “violent felony offense” as an offense that would classify a person as a violent offender under KRS 439.3401. |
| Summary of Original Version | Amend KRS 15A.190 to require the Justice and Public Safety Cabinet to include crimes involving childhood sexual assault or abuse in the JC-3 form; amend KRS 17.500 to include distribution of matter portraying a sexual performance by a minor in the definition of "sex crime"; amend KRS 413.249 to remove the statute of limitations for civil actions arising from childhood sexual assault or abuse; require every civil action arising from childhood sexual assault or abuse to be accompanied by a motion to seal the record; amend KRS 439.3401 to include possession or viewing of matter portraying a sexual performance by a minor and distribution of matter portraying a sexual performance by a minor in the definition of "violent offender"; amend KRS 510.060 to enhance the penalty to a Class C felony if the person is in a position of authority or position of special trust and the victim is under 12 years old; amend KRS 510.090 to enhance the penalty to a Class C felony if the person is in a position of authority or position of special trust and the victim is under 12 years old; amend KRS 510.155 to enhance the penalty of unlawful use of electronic means to induce a minor to a Class C felony; enhance the penalty to a Class B felony if the minor or perceived minor is under 12 years old, the offender is a person is in a position of authority or position of special trust, the offender is a registered sex offender, or a person travels into the Commonwealth for the purpose of procuring or promoting the use of a minor; amend KRS 529.100 to enhance the penalty for human trafficking to a Class B felony, unless the victim is a minor, in which case it is a Class A felony; amend KRS 529.110 to enhance the penalty for promoting human trafficking to a Class C felony unless the victim is a minor, in which case it is a Class B felony; amend KRS 531.010 to include computer-generated image, picture, or motion picture in the definition of "matter"; make technical corrections; amend KRS 531.300 to define "child sex doll" and "traffic"; create new sections of KRS 531.310 to 531.370 to prohibit the possession, trafficking, importing, and advancing of a child sex doll; amend KRS 531.340 to enhance the penalty for distribution of matter portraying a sexual performance by a minor to a Class C felony if the victim is under 18 years old and a Class B felony if the victim is under 12 years old; amend KRS 532.060 to require a person who has been convicted of a violation of KRS 529.100, 529.110, 531.320, 531.335, or 531.340 to serve five years of postincarceration supervision; amend KRS 532.200 to redefine "violent felony offense" as an offense that would classify a person as a violent offender under KRS 439.3401; make technical corrections. |
| Index Headings of Original Version |
Crimes and Punishments - Child sex dolls, prohibition Crimes and Punishments - Human trafficking, penalty enhancement Crimes and Punishments - Promoting human trafficking, penalty enhancement Crimes and Punishments - Rape in the third degree, position of authority or special trust, victim under 12, Class C felony Crimes and Punishments - Sexual offenses, procuring minors through communications systems, penalty enhancement Crimes and Punishments - Sodomy in the third degree, position of authority or special trust, victim under 12, Class C felony Crimes and Punishments - Violent offender, conviction for child pornography offense Crimes and Punishments - Postincarceration supervision, conviction for child pornography offenses Criminal Procedure - Child sex dolls, prohibition Criminal Procedure - Human trafficking, penalty enhancement Criminal Procedure - Postincarceration supervision, conviction for child pornography offenses Criminal Procedure - Promoting human trafficking, penalty enhancement Criminal Procedure - Rape in the third degree, position of authority or special trust, victim under 12, Class C felony Criminal Procedure - Sexual offenses, procuring minors through communications systems, penalty enhancement Criminal Procedure - Sodomy in the third degree, position of authority or special trust, victim under 12, Class C felony Criminal Procedure - Violent offender, conviction for child pornography offense Probation and Parole - Postincarceration supervision, conviction for child pornography offenses State Agencies - Justice and Public Safety Cabinet, updated JC-3 form Children and Minors - Postincarceration supervision, conviction for child pornography offenses Children and Minors - Statute of limitations, civil actions, childhood sexual assault or abuse Children and Minors - Child pornography, distribution, sex crime, sex offender registration Civil Actions - Statute of limitations, childhood sexual assault or abuse Corrections Impact - Sexual offenses Local Mandate - Sexual offenses |
| Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 |
| Votes | Vote History |
| 01/16/24 |
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| 02/06/24 |
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| 02/14/24 |
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| 02/15/24 |
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| 02/21/24 |
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| 02/26/24 |
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| 02/27/24 |
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| 03/08/24 |
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| 03/21/24 |
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| 03/22/24 |
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| 03/25/24 |
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| 03/26/24 |
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| 03/27/24 |
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| 03/28/24 |
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| 04/05/24 |
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| Amendment | House Committee Substitute 1 |
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| Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1 |
| Summary | Retain original provisions, except remove KRS 17.500, 439.3401, 531.010, and 531.300 in their entirety; remove new sections of KRS 531.310 to 531.370 prohibiting the possession, trafficking, importing, and advancing of a child sex doll; amend KRS 160.380 to provide that a superintendent shall not employ any person who has been convicted of an offense that would classify the person as a violent offender, a sex crime, a misdemeanor offense under KRS Chapter 510, or who is required to register as a sex offender; make technical corrections; amend KRS 510.050 and 510.080 to provide an enhanced penalty when the defendant is a person in a position of authority or position of special trust; amend KRS 510.155 to provide enhanced penalties when the child procured or promoted is for human trafficking where the offense involves commercial sexual activity; amend KRS 531.340 to provide that any person convicted of distribution of matter portraying a sexual performance by a minor shall not be released on probation or parole until he or she serves 85 percent of the sentence imposed. |
| Index Headings |
Criminal Procedure - Rape, person in position of authority or special trust, enhanced penalty Criminal Procedure - Sodomy, person in position of authority or special trust, enhanced penalty Education, Elementary and Secondary - Misdemeanor sex crimes, hiring by school superintendent, prohibition Education, Elementary and Secondary - Sex offender, hiring by school superintendent, prohibition Technical Corrections - HB 278/HCS 1 Corrections Impact - Sex crimes, penalties Local Mandate - Sex crimes, penalties Crimes and Punishments - Communications system to procure a minor for prohibited activities, enhanced penalties Crimes and Punishments - Distribution of matter portraying a sexual performance by a minor, parole eligibility Crimes and Punishments - Rape, person in position of authority or special trust, enhanced penalty Crimes and Punishments - Sodomy, person in position of authority or special trust, enhanced penalty Criminal Procedure - Communications system to procure a minor for prohibited activities, enhanced penalties Criminal Procedure - Distribution of matter portraying a sexual performance by a minor, parole eligibility |
| Amendment | Senate Floor Amendment 1 |
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| Sponsor | J. Turner |
| Summary | Retain original provisions, except amend KRS 413.249 to provide that a civil action arising from childhood sexual assault or abuse shall be brought within 10 years of the victim attaining the age of 18 years. |
| Index Headings |
Children and Minors - Statute of limitations, civil actions, childhood sexual assault or abuse Civil Actions - Statute of limitations, childhood sexual assault or abuse |
| Amendment | Senate Floor Amendment 2 |
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| Sponsor | G. Williams |
| Summary | Retain original provisions except , new sections of KRS Chapter 436 to declare legislative findings relating to pornography; define terms; establish a civil cause of action against any commercial entity that publishes matter harmful to minors on the internet without obtaining age verification; require removal of personal data following review for access; establish civil causes of action for violations; establish limitations on applicability and liability. |
| Index Headings |
Obscenity and Pornography - Age verification requirement, denial of access, minors Children and Minors - Internet pornography and obscenity, age verification requirement, denial of access Civil Actions - Age verification of minors, damages for violation Civil Actions - Retention of personal information, damages for violation Civil Procedure - Age verification of minors, damages for violation Civil Procedure - Retention of personal information, damages for violation |
| Amendment | Senate Floor Amendment 3 |
|---|---|
| Sponsor | G. Williams |
| Summary | Retain original provisions except, create new sections of KRS Chapter 436 to declare legislative findings relating to pornography; define terms; establish a civil cause of action against any commercial entity that publishes matter harmful to minors on the internet without obtaining age verification; require removal of personal data following review for access; establish civil causes of action for violations; establish limitations on applicability and liability. |
| Index Headings |
Obscenity and Pornography - Age verification requirement, denial of access, minors Children and Minors - Internet pornography and obscenity, age verification requirement, denial of access Civil Actions - Age verification of minors, damages for violation Civil Actions - Retention of personal information, damages for violation Civil Procedure - Age verification of minors, damages for violation Civil Procedure - Retention of personal information, damages for violation |
Last updated: 9/26/2024 1:37 PM (EDT)