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HB 86/CI (BR 818) - J. Vincent, R. Nelson
AN ACT relating to criminal justice matters, including but not limited to, inmate lawsuits.
Amend KRS 197.025, relating to restrictions on corrections records, to permit Department of Corrections to deny any person access to corrections records, but exempt records given to inmate relating to that inmate; amend KRS 454.415, relating to inmate lawsuits, to require exhaustion of administrative remedies prior to filing suit; amend KRS 413.140, relating to actions to be brought within one year, to add detention facility disciplinary proceeding suits and to specify date on which appeal time begins to run; amend KRS 454.410, relating to actions by indigent inmates, to clarify how a court determines indigency and to require filing fees of inmates who have filed three or more prior frivolous lawsuits; amend KRS 532.110, relating to concurrent and consecutive terms of imprisonment, to clarify when imprisonment is concurrent or consecutive; create a new section of KRS Chapter 422 to require depositions of corrections personnel rather than requiring personal attendance in lawsuits arising from their duties; amend KRS 317.420 to exempt barbering at correctional facilities from barbering laws; amend KRS 17.552, relating to approval of sex offender risk assessment approval personnel, to exempt Department of Corrections sex offender program employees.
HB 86 - AMENDMENTS
HCS/CI - Retain provisions of bill, except: permit the Department of Corrections not to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual; prohibit an inmate from bringing a civil action or appealing a judgment in a civil action or proceeding where the inmate proceeds in forma pauperis and where the inmate has, on 3 or more occasions within a 5 year period, brought an action or appeal in any court that was dismissed on the grounds that it was frivolous or on similar grounds.
HFA (1, H. Collins) - Delete provisions exempting barbers in corrections facilities from the state licensure laws for that profession.
HFA (2, H. Collins) - Delete provisions exempting cosmetologists in corrections facilities from the state licensure laws for that profession.
HFA (3, H. Collins) - Delete provisions exempting barbers and cosmetologists in corrections facilities from state licensure laws for those professions.
HFA (4, J. Vincent) - Add provision permitting a court to require a corrections employee to testify if a necessary witness in a civil proceeding.
SFA (1, G. Neal) - Retain original provisions, except that in the amendment of KRS 454.410 relating to requiring an inmate to pay the full filing fee when there were three previous frivolous suits, to delete the requirement in the exception that serious physical injury be imminent and impose the requirement of a court hearing to determine if three frivolous suits have been filed in the previous 5 years.
SFA (2, G. Neal) - Retain original provisions, except that in the amendment of KRS 454.410 relating to requiring an inmate to pay the full filing fee when there were three previous frivolous suits, to delete the requirement in the exception that serious physical injury be imminent and impose the requirement of a court inquiry to determine if three frivolous suits have been filed in the previous 5 years.
(Prefiled by the sponsor(s))
Jan 8-introduced in House; to Judiciary (H)
Jan 16-posted in committee
Jan 23-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 24-2nd reading, to Rules
Jan 25-floor amendments (1) (2) (3) and (4) filed to Committee Substitute
Jan 28-posted for passage in the Regular Orders of the Day for Tuesday, January 29, 2002
Feb 5-3rd reading, passed 96-0 with Committee Substitute, floor amendments (2) and (4)
Feb 6-received in Senate
Feb 8-to Judiciary (S)
Feb 13-reported favorably, 1st reading, to Calendar
Feb 14-2nd reading, to Rules
Feb 19-posted for passage in the Regular Orders of the Day for Wednesday, February 20, 2002; floor amendments (1) and (2) filed
Feb 20-3rd reading; floor amendments (1) and (2) withdrawn ; passed 37-0
Feb 21-received in House; enrolled, signed by Speaker of the House
Feb 25-enrolled, signed by President of the Senate; delivered to Governor
Mar 1-signed by Governor (Acts ch. 11)
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