02RS HB571

HB571

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HB 571/FN/CI (BR 872) - J. Richards, C. Geveden, J. Wayne, R. Wilkey

     AN ACT relating to intimidation and retaliation against participants in the legal process.
     Amend KRS 524.040 relating to intimidating a witness to add terroristic threatening in the third degree and to increase penalty from Class D to Class C felony; amend KRS 524.080 relating to intimidating a juror to add terroristic threatening in the third degree and to increase penalty from Class D to Class C felony; amend KRS 524.120 relating to intimidating a judicial officer to add terroristic threatening in the third degree and to increase penalty from Class D to Class C felony; amend KRS 524.055 relating to retaliating against a witness to increase penalty to add definition of "threaten" and to increase penalty from Class D to Class C felony; create new sections of KRS Chapter 524 to create the crimes of intimidating a prosecutor, retaliating against a juror, retaliating against a judicial officer, and retaliating against a prosecutor as Class C felonies.

HB 571 - AMENDMENTS


     HCS/FN/CI - Retain original provisions with the following exceptions: add attorney defending a criminal case as participant in legal process; eliminate increase of penalties for intimidating a participant in the legal process or retaliating against a participant in the legal process and retain penalties as Class D felony; make technical correction to change retaliating against a witness to retaliating against a participant in the legal process.

     HFA (1, G. Lindsay) - In amendment of KRS 524.010 relating to definitions deleting references to former judge or former prosecutor, indirect threat, and to damage to property; in amendment of KRS 544.040 relating to intimidating a participant in the legal process delete references to "other action," impeding performance of duty, and intimidation; add provision requiring act to be related to performance of duty; in amendment of KRS 524.055 relating to retaliation against participant in legal process delete references to "other action," intimidation, and to whether a proceeding is pending; add provision requiring act to be related to performance of duty.

     HFA (2, R. Wilkey) - In amendment of KRS 524.010 relating to definitions, specify that a former judge or former prosecutor is covered for retaliation but not intimidation offenses; delete references to indirect threat and damage to property; in amendment of KRS 544.040 relating to intimidating a participant in the legal process delete references to "other action" impeding performance of duty and intimidation; add provision requiring act to be related to performance of duty; in amendment of KRS 524.055 relating to retaliation against participant in legal process delete references to "other action," intimidation, and to whether a proceeding is pending; add provision requiring act to be related to performance of duty.

     Feb 1-introduced in House
     Feb 4-to Judiciary (H)
     Feb 8-posted in committee
     Feb 27-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 28-2nd reading, to Rules
     Mar 4-posted for passage in the Regular Orders of the Day for Tuesday, March 5, 2002
     Mar 7-floor amendment (1) filed to Committee Substitute
     Mar 8-floor amendment (2) filed to Committee Substitute
     Mar 11-3rd reading, passed 93-0 with Committee Substitute, floor amendment (2)
     Mar 12-received in Senate
     Mar 15-to Judiciary (S)
     Mar 27-reported favorably, 1st reading, to Consent Calendar
     Mar 28-2nd reading, to Rules
     Mar 29-posted for passage in the Consent Orders of the Day for Friday, March 29, 2002; 3rd reading, passed 38-0
     Apr 1-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Apr 8-signed by Governor (Acts ch. 251)


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