04RS SB163


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SB 163/FN/LM/CI (BR 1398) - R. Stivers

     AN ACT relating to crimes and punishments.
     Create a new section of KRS Chapter 218A to create the crime of controlled substance endangerment to a child when a child is present during illegal manufacture of a controlled substance; enhance penalties for physical injury, serious physical injury, or death of the child.


     SCS/FN/LM/CI - Delete definition of "minor" add definition of "child"; delete definition of "chemical substance" add definition of "hazardous chemical substance" add definitions of "knowingly," and "with intent"; require that for a person to be guilty of the offense the chemical has to be possessed under circumstances that place a child in danger of serious physical injury or death; add criminal homicide to the list of offenses for which a conviction for violation of this section and other offenses is not permitted.

     SFA (1, G. Neal) - Retain provisions of the committee substitute, except delete the provision providing for a capital crime in the case of the death of a child and replace it with a provision providing for a Class A felony in such a circumstance.

     HCS (1/FN/LM/CI) - Retain original provisions of bill and include provision to create a new section of KRS Chapter 218A establishing civil liability for damages caused by the sale or trafficking or transfer of any drug or drug products specified in KRS 218A.138 and provide that such a civil action may be brought by the Attorney General or by the Commonwealth's attorney.

     HCS (2/FN/LM/CI) - Retain original provisions of the bill; amend to provide that no person shall be sentenced to death as a result of the death of a child due to one of the factors articulated in this bill.

     HCA (1/Title, G. Lindsay) - Change title from "AN ACT relating to crimes and punishments" to "AN ACT relating to controlled substances, including their precursors."

     HFA (1, L. Napier) - Retain original provisions of bill and create a new section of KRS Chapter 309 to define "internship"; allow members of the General Assembly to sit for the Kentucky bar examination, and upon passing of which he or she shall be admitted to the practice of law if he or she has completed twenty (20) years of service as a member of the General Assembly and a one (1) year internship with an attorney who has been practicing law in Kentucky for more than one (1) year.

     HFA (2/Title, L. Napier) - Make title amendment.

     HFA (3, J. Wayne) - Amend to prohibit imposition of a sentence of life without the benefit of probation or parole for the offense created in the bill.

     Feb 9-introduced in Senate
     Feb 12-to Judiciary (S)
     Feb 19-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Feb 20-2nd reading, to Rules
     Feb 24-posted for passage in the Regular Orders of the Day for Wednesday, February 25, 2004; floor amendment (1) filed to Committee Substitute
     Feb 25-3rd reading; floor amendment (1) defeated ; passed 35-2 with Committee Substitute
     Feb 26-received in House
     Mar 1-to Judiciary (H); posted in committee
     Mar 10-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Mar 11-2nd reading, to Rules
     Mar 17-recommitted to Judiciary (H); posted in committee
     Mar 23-floor amendment (1) filed to Committee Substitute, floor amendment (2-title) filed
     Mar 24-reported favorably, to Rules with Committee Substitute (2)
     Mar 25-posted for passage in the Regular Orders of the Day for Friday, March 26, 2004; floor amendment (3) filed to Committee Substitute (2)
     Apr 13-3rd reading; floor amendment (3) rejected ; passed 93-1 with Committee Substitute (2), committee amendment (1-title) ; received in Senate

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