02RS HB428

HB428

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HB 428/LM (BR 1738) - R. Wilkey, J. Vincent

     AN ACT relating to crimes and punishments.
     Amend KRS 508.130 and create a new section of KRS Chapter 508 to provide for a permanent restraining order for stalking victims with applications therefor to proceed automatically upon a verdict of guilty or a plea of guilty to stalking; make a violation of the order a Class A misdemeanor; directing the circuit clerk to enter the orders or the removal into LINK within 24 hours; amend KRS 431.005 to allow law enforcement officers to make arrests without a warrant when they have probable cause that the order has been violated.

HB 428 - AMENDMENTS


     HCS/LM - Require that a restraining order issued against a person convicted of stalking shall be valid for a period of not more than 10 years, the specific duration of which shall be determined by the court; require that the restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.

     HFA (1, R. Wilkey) - Require that the stalker restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim or his or her immediate family, or both.

     SCS - Apply a stalking restraining order so that it does not prohibit contact by an attorney regarding a legal matter; require that within 24 hours of entry of a restraining order or entry of an order rescinding a restraining order, the circuit clerk shall forward a copy of the order to the Law Information Network of Kentucky (LINK).

     Jan 18-introduced in House
     Jan 22-to Judiciary (H)
     Feb 8-posted in committee
     Feb 13-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 14-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 15, 2002; floor amendment (1) filed to Committee Substitute
     Feb 19-3rd reading, passed 96-0 with Committee Substitute, floor amendment (1)
     Feb 20-received in Senate
     Feb 22-to Judiciary (S)
     Mar 6-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 7-2nd reading, to Rules
     Mar 13-recommitted to Appropriations and Revenue (S)
     Mar 21-taken from committee; to Rules (S); posted for passage in the Regular Orders of the Day for Friday, March 22, 2002
     Mar 22-3rd reading, passed 37-0 with Committee Substitute
     Mar 25-received in House; posted for passage for concurrence in Senate Committee Substitute
     Mar 27-House concurred in Senate Committee Substitute ; passed 95-0
     Mar 28-enrolled, signed by each presiding officer; delivered to Governor
     Apr 1-signed by Governor (Acts ch. 119)


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