06RS SB16

SB16

WWW Version

The hyperlink to a bill draft that precedes a summary contains the most recent version (Introduced/GA/Enacted) of the bill. If the session has ended, the hyperlink contains the latest version of the bill at the time of sine die adjournment. Note that the summary pertains to the bill as introduced, which is often different from the most recent version.

Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.


SB 16/LM/CI (BR 80) - E. Tori, D. Thayer

     AN ACT relating to sexual offenses and sex offender management.
     Create a new section of KRS Chapter 439 to place certain sex offenders on lifetime parole and provide the conditions thereof; create a new section of KRS Chapter 439 to create the crime of violation of the provisions of parole by a sex offender; create a new section of KRS Chapter 519 to require global positioning monitoring of sex offenders; create a new section of KRS Chapter 61 to require law enforcement agencies to attempt to locate absconded sex offenders; create a new section of KRS Chapter 533 to prohibit pretrial diversion, probation, shock probation and other forms of nonimposition of sentence for certain sex offenders; amend KRS 510.040 relating to rape in the first degree to provide life imprisonment without parole when victim is under 12 or this is a second or subsequent offense with a victim under 18; amend KRS 510.050 and 510.060 relating to rape in the second and third degrees to provide life imprisonment without parole for second or subsequent offense when victim is under 18; amend KRS 510.070 relating to sodomy in the first degree to provide life imprisonment without parole when victim is under 12 or this is a second or subsequent offense with a victim under 18; amend KRS 510.080 and 510.090 relating to sodomy in the second or third degree to provide life imprisonment without parole for a second or subsequent offense with a victim under 18; amend KRS 510.110 and 510.120 relating to sexual abuse in the first and second degree to increase penalty to life imprisonment without parole for a second or subsequent offense with a victim under 18; create a new section of KRS Chapter 510 to provide for a sentence of life imprisonment without parole for 25 years for persons under 18 who commit a felony sex offense for which an adult would receive life without parole, but nullify section if Supreme Court of Kentucky subsequently allows life without parole for juveniles; amend KRS 197.420 relating to sex offender treatment programs to exempt persons receiving a sentence of life imprisonment without parole; amend KRS 532.047 relating to restrictions on probation to include certain sex offenders; amend KRS 532.060 relating to sentencing for felonies to reflect the life without parole provision for a Class A felony; create a new section of KRS 17.500 to 17.540 relating to sex offenders to provide that the sheriff notify residents when a lifetime sex offender registrant moves into a location in the county, provide for registration fee of $50; create a new section of KRS 17.500 to 17.540 relating to sex offenders to provide for schools to publish sex offender information in local newspapers, provide for $20 fee; create a new section of KRS 17.500 to 17.540 to specify how sex offender information is to be published by the schools; amend KRS 17.495 relating to sex offender residence while on probation or parole to specify that the measurement is from nearest property edge to nearest property edge rather than from building to building; amend KRS 17.510 relating to sex offender registration to increase penalties for violation from Class D felony to Class C felony for first offense and Class B felony for subsequent offense; create a new section of KRS Chapter 70 to require sheriff to verify sex offender residence by actual visit once each 6 months, permit sheriff to delegate to police in cities; amend KRS 431.517 relating to home incarceration for persons on bail to require the same for certain sex offenders; amend KRS 431.520 relating to release on personal recognizance or unsecured bail to prohibit the same for persons charged with certain sex offenses; amend KRS 531.340 relating to distribution of matter portraying a sexual performance by a minor to increase second offense penalty to Class C felony; amend KRS 531.360 relating to advertising child pornography to increase penalty from Class A misdemeanor for first offense to Class D felony and increase subsequent offense to Class C felony; amend KRS 531.335 relating to possession of matter portraying a sexual performance by a minor to make penalty for any offense, not just subsequent offenses, a Class D felony; amend KRS 532.200 relating to home incarceration to include the use of global positioning technology for electronic monitoring; amend KRS 532.210 relating to home incarceration to prohibit home incarceration for certain sex offenders.

     (Prefiled by the sponsor(s).)

     Sep 7-To: Interim Joint Committee on Judiciary
     Jan 3-introduced in Senate
     Jan 4-to Judiciary (S)


Kentucky Legislature Home Page | Record Front Page