| Last Action | 02/21/25: 2nd reading, to Rules |
|---|---|
| Title | AN ACT relating to crimes and punishments. |
| Bill Documents | Introduced |
| Fiscal Impact Statements |
Corrections Impact
Local Mandate Additional Fiscal Impact Statements Exist |
| Bill Request Number | 1355 |
| Sponsors | N. Wilson, J. Bauman, R. Bridges, J. Decker, S. Dietz, A. Donworth, K. Holloway, N. Kulkarni, C. Lewis, J. Nemes, D. Osborne, T. Roberts |
| Summary of Original Version | Create new sections of KRS Chapter 533 to define terms; require the court, upon conviction of the defendant, to consider the defendant's status as a primary caretaker of a dependent child unless the defendant is a violent offender, the victim is a child, or a statute prohibits an alternative sentence; require the court, upon a finding that the defendant is a primary caretaker of a dependent child, to consider an alternative sentence; provide that the defendant shall have the right to present an alternative sentencing plan and a family impact statement to the court; provide that in issuing an alternative sentence, the court may require the defendant to participate in programs and services that support the parent-child relationship; provide that the court may modify or revoke the alternative sentence and commit the defendant to an institution if the defendant fails to adhere to or complete the conditions of an alternative sentence; require the Administrative Office of the Court to report annually, beginning in 2026, to the Kentucky State Corrections Commission and to the Legislative Research Commission on the number, percentage, and demographics of parents and children impacted under this Act; provide that the Act may be cited as the Primary Caretaker Consideration Act. |
| Index Headings of Original Version |
Courts - Primary caretaker, dependent child, alternative to confinement Crimes and Punishments - Primary caretaker, dependent child, alternative to confinement Criminal Procedure - Primary caretaker, dependent child, alternative to confinement Parental Rights - Primary caretaker, dependent child, alternative to confinement Public Safety - Primary caretaker, dependent child, alternative to confinement Children and Minors - Primary caretaker, dependent child, alternative to confinement Reports Mandated - Administrative Office of the Courts, alternative sentencing of primary caretakers Short Titles and Popular Names - Primary Caretaker Consideration Act Corrections Impact - Primary caretaker, dependent child, alternative to confinement Local Mandate - Administrative Office of the Courts, alternative sentencing of primary caretakers |
| Jump to Proposed Amendments | House Committee Substitute 1 with Fiscal Impact Statements |
| 02/04/25 |
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| 02/07/25 |
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| 02/20/25 |
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| 02/21/25 |
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| Amendment | House Committee Substitute 1 |
|---|---|
| Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1 |
| Summary | Retain original provisions, except change the term "primary caretaker of a dependent child" to "caretaker of a dependent child"; provide that a courts determination of a defendant's status as a caretaker of a dependent child shall not be admissible as evidence or be determinative in any subsequent proceeding; provide that the defendant shall not be eligible for status as a caretaker of a dependent child if currently convicted of an offense that involved the use, attempted use, or threat of physical force upon another person or an offense that wantonly endangered another person, if that person was a family member or member of an unmarried couple, or is or has been in a dating relationship with the defendant; provide for other programs or services to be required of the defendant as a condition of the alternative sentence; remove provisions relating to data collection by the Administrative Office of the Courts; amend KRS 610.340 to provide that a court determining whether to impose an alternative sentence for a defendant who is a caretaker of a dependent child has access to court records under KRS Chapter 600 to 645; provide that the Act may be cited as the Family Preservation and Accountability Act. |
| Index Headings |
Courts - Primary caretaker of a dependent child, conditions of sentence, counseling, treatment Courts - Primary caretaker of a dependent child, eligibility Courts - Primary caretaker of a dependent child, finding, effect on another proceeding Crimes and Punishments - Primary caretaker of a dependent child, conditions of sentence, counseling, treatment Crimes and Punishments - Primary caretaker of a dependent child, eligibility Crimes and Punishments - Primary caretaker of a dependent child, finding, effect on another proceeding Criminal Procedure - Primary caretaker of a dependent child, conditions of sentence, counseling, treatment Criminal Procedure - Primary caretaker of a dependent child, eligibility Criminal Procedure - Primary caretaker of a dependent child, finding, effect on another proceeding Parental Rights - Primary caretaker of a dependent child, conditions of sentence, counseling, treatment Parental Rights - Primary caretaker of a dependent child, eligibility Parental Rights - Primary caretaker of a dependent child, finding, effect on another proceeding Public Safety - Primary caretaker of a dependent child, conditions of sentence, counseling, treatment Public Safety - Primary caretaker of a dependent child, eligibility Public Safety - Primary caretaker of a dependent child, finding, effect on another proceeding Children and Minors - Primary caretaker of a dependent child, conditions of sentence, counseling, treatment Children and Minors - Primary caretaker of a dependent child, eligibility Children and Minors - Primary caretaker of a dependent child, finding, effect on another proceeding Short Titles and Popular Names - Family Preservation and Accountability Act |
Last updated: 2/21/2025 4:29 PM (EST)