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SB 263/CI (BR 2064) - R. Stivers
AN ACT relating to public safety.
Amend KRS 218A.050 to include additional prohibited controlled substances; amend KRS 439.265 to prohibit the granting of shock probation to violent offenders; amend KRS 439.3401 to limit the availability of probation to violent offenders; amend KRS 510.010 to include additional definitions; amend KRS 500.050 to delete the one year reporting requirement for marital rape; create a new section of KRS Chapter 510 to provide that the third misdemeanor offense under that Chapter is a Class D felony; create a new section of KRS Chapter 532 to provide for a procedure for dealing with sexually motivated offenses; amend KRS 532.040 to limit availability of probation or conditional discharge to violent offenders; create a new section of KRS Chapter 532 to limit availability of probation or conditional discharge to violent offenders; amend KRS 532.045 to delete references to KRS 510.040 and 510.070; amend KRS 439.510 to conform; repeal KRS 510.310.
SB 263 - AMENDMENTS
SCA (1, R. Stivers) - Amend to require the sentencing judge to determine at a separate hearing by clear and convincing evidence whether the defendant committed a sexually motivated offense; allow both parties to present additional evidence at the hearing.
SCA (2, R. Stivers) - Make technical corrections; delete 1,4 butanediol and gamma butyrolactone as Schedule I controlled substances.
SFA (3, E. Scorsone) - Delete the provision which permits a person to be treated as a sex offender even though the person has not committed a sex crime.
SFA (4, G. Neal) - Amend to delete reference to digital penetration.
SFA (5, R. Stivers) - Delete references to digital penetration with respect to sexual offenses.
HCS/CI - Clarify that conviction for a third or subsequent misdemeanors under KRS Chapter 510 may be had only after a jury trial of the case in Circuit Court; delete section requiring a determination of whether a crime was a sexually motivated offense in order to require a sexually motivated offender to register as a sex offender under KRS 17.500 to 17.540; insert section requiring notification of law enforcement agencies, the court, and the domestic violence victim when a person barred from purchasing a firearm under 18 U.S.C. sec. 922(g)(8) has purchased a firearm; insert section amending KRS 421.500 to require the Commonwealth to notify victims when bail or probation hearings for their attacker are scheduled; and insert section to amend KRS 508.130, relating to stalking, to define protective order to include state and foreign orders, domestic violence orders, or any condition of a bond, conditional release, probation, parole, or pretrial diversion order designed to protect the victim from the offender.
HFA (1, J. Vincent) - Permit the Commonwealth to indict a person who commits fourth degree assault against another family member 3 or more times in a 5 year period and to seek a Class D felony conviction in the Circuit Court.
HFA (2, R. Webb) - Add new sections to amend KRS 510.040 to include sexual intercourse with a person who is mentally incapacitated as rape in the first degree; amend KRS 510.060 relating to rape in the third degree to delete sexual intercourse with a person who is mentally incapacitated; amend KRS 510.070 relating to sodomy in the first degree to include a person who is mentally incapacitated; amend KRS 510.090 relating to sodomy in the third degree to delete mental incapacitation; amend KRS 510.0110 relating to sexual abuse in the first degree to include mental incapacitation; amend KRS 510.120 relating to sexual abuse in the second degree to delete mental incapacitation; create new section of KRS Chapter 510 to apply KRS Chapter 510 penalties to criminal solicitation, criminal attempt, and criminal conspiracy rather than lowering penalties by one degree.
HFA (3, R. Damron) - Amend KRS 17.500 to define "criminal offense against a victim who is a minor," "sex crime," and other terms; amend KRS 17.510 and 17.520 to provide for the registration of sex offenders and certain other criminals in Kentucky; create a new section of KRS 17.550 to 17.991 to provide for community notification of the presence of a sex offender through a Kentucky State Police website; amend various sections to conform; make technical amendments; repeal KRS 17.570 and KRS 17.572.
HFA (4/Title, R. Damron) - Make title amendment.
HFA (5/Title, R. Wilkey) - Make title amendment.
Feb 14-introduced in Senate
Feb 16-to Judiciary (S)
Mar 1-reported favorably, 1st reading, to Calendar with committee amendments (1) and (2)
Mar 2-2nd reading, to Rules
Mar 6-posted for passage in the Regular Orders of the Day for Wednesday, March 8, 2000
Mar 8-passed over and retained in the Orders of the Day; floor amendments (3) (4) and (5) filed
Mar 9-3rd reading; floor amendment (4) withdrawn ; floor amendment (3) defeated ; passed 35-0 with committee amendments (1) and (2), and floor amendment (5)
Mar 10-received in House
Mar 13-to Judiciary (H)
Mar 21-posting waived
Mar 22-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 23-2nd reading, to Rules; floor amendments (1) and (3) filed to Committee Substitute, floor amendments (2) (4-title) and (5-title) filed
Mar 24-posted for passage in the Regular Orders of the Day for Monday, March 27, 2000
Mar 27-3rd reading, passed 81-13 with Committee Substitute, floor amendments (1) and (3) ; bill reconsidered; passed 81-13 with Committee Substitute, floor amendments (1) (3) and (5-title)
Mar 28-received in Senate
Mar 29-posted for passage for concurrence in House Committee Substitute, floor amendments (1) (3) and (5) ; taken from the Regular Orders of the Day, placed in the Consent Orders of the Day; Senate concurred in House Committee Substitute, floor amendments (1) (3) and (5-title) ; passed 37-0
Apr 11-enrolled, signed by each presiding officer, delivered to Governor; signed by Governor (Acts ch. 401)
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