House Bill 367

Actions | Amendments
Last Action reported favorably, to Rules with Committee Substitute
Title AN ACT relating to crimes and punishments.
Bill Documents Bill
Impact Statements Corrections Impact
Fiscal Note
Local Mandate
Bill Request Number 1388
Sponsors J. Bell, R. Wilkey, T. Edmonds, D. Floyd, J. Greer, K. Hall, S. Lee, T. Moore, D. Osborne, D. Owens, T. Riner, S. Rudy, S. Santoro, G. Stumbo, J. Vincent, A. Webb-Edgington, A. Wuchner, B. Yonts
Summary of Original Version Amend KRS 510.155 relating to using a communications system to procure a minor to engage in sexual offenses to add to "minor" "any individual the person has reason to believe is a minor" to the elements of the offense; add KRS 510.110 relating to sexual abuse in the first degree to prohibited solicitations; create prima facie evidence presumption of intent to commit offense even if the meeting did not occur; apply provisions to any communication originating or received within the Commonwealth.
Index Headings of Original Version Children and Minors - Sex offense with minor, electronic communication
Communications - Sex offense with minor, electronic communication
Crimes and Punishments - Sex offense with minor, electronic communication
Information Technology - Sex offense with minor, electronic communication
Criminal Procedure - Sex offense with minor, electronic communication
Peace Officers and Law Enforcement - Sex offense with minor, electronic communication
Police, City and County - Sex offense with minor, electronic communication
Police, State - Sex offense with minor, electronic communication
Sheriffs - Sex offense with minor, electronic communication
Fiscal Note - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
Senate Committee Substitute 1
Senate Committee Amendment 1
Senate Committee Amendment 2
Senate Committee Amendment 3
Votes Vote History

Actions

Top | Amendments
01/24/08
  • introduced in House
01/25/08
  • to Local Government (H)
01/28/08
  • reassigned to Judiciary (H)
02/13/08
  • posting waived retroactively
  • reported favorably, 1st reading, to Calendar with Committee Substitute
02/14/08
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for for Friday, February 15, 2008
02/20/08
  • floor amendments (1) and (2) filed to Committee Substitute, floor amendment (3-title) filed
02/21/08
  • 3rd reading, passed 94-0 with Committee Substitute, floor amendments (1) (2) and (3-title)
02/25/08
  • received in Senate
02/27/08
  • to Judiciary (S)
03/24/08
  • taken from committee Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
03/25/08
  • taken from committee Judiciary (S)
  • 2nd reading
  • returned to Judiciary (S)
03/27/08
  • reported favorably, to Rules with committee amendments (1) (2) and (3-title)
04/02/08
  • taken from Rules
  • recommitted to Judiciary (S)
04/15/08
  • reported favorably, to Rules with Committee Substitute

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Corrections Impact
Fiscal Note
Local Mandate
Summary Retain original provisions with the following additions; amend KRS 508.130 to include in the definitions used for Kentucky's stalking offenses stalking activity that is done electronically; amend KRS 531.010 and 531.300 to include live images transmitted over the Internet within material subject to the standards of Kentucky's obscenity laws; create a new section of KRS Chapter 17 to prohibit registered sex offenders from using social networking Websites; amend 17.510 and 17.580 to modify the registration, display, and searchability of sex offender e-mail and electronic communication identities; create a new section of KRS Chapter 500 to provide for the forfeiture of personal property used in the commission of certain delineated sex offenses; amend various other sections to conform.
Index Headings Children and Minors - Sex offense with minor, electronic communication
Communications - Sex offense with minor, electronic communication
Crimes and Punishments - Sex offense with minor, electronic communication
Information Technology - Sex offense with minor, electronic communication
Criminal Procedure - Sex offense with minor, electronic communication
Peace Officers and Law Enforcement - Sex offense with minor, electronic communication
Police, City and County - Sex offense with minor, electronic communication
Police, State - Sex offense with minor, electronic communication
Sheriffs - Sex offense with minor, electronic communication
Fiscal Note - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication

Amendment House Floor Amendment 1
Sponsor J. Bell
Summary Amend to include reference to a person posing as a minor in relation to the offender's mental state.
Index Headings Children and Minors - Sex offense with minor, electronic communication
Communications - Sex offense with minor, electronic communication
Crimes and Punishments - Sex offense with minor, electronic communication
Information Technology - Sex offense with minor, electronic communication
Criminal Procedure - Sex offense with minor, electronic communication
Peace Officers and Law Enforcement - Sex offense with minor, electronic communication
Police, City and County - Sex offense with minor, electronic communication
Police, State - Sex offense with minor, electronic communication
Sheriffs - Sex offense with minor, electronic communication
Fiscal Note - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication

Amendment House Floor Amendment 2
Sponsor T. Riner
Summary Insert provision to amend KRS 413.249 relating to the statute of limitation for childhood sexual assault or abuse which contains a five year look back provision from certain designated events to extend that look back period to twelve years.
Index Headings Children and Minors - Sex offense with minor, electronic communication
Communications - Sex offense with minor, electronic communication
Crimes and Punishments - Sex offense with minor, electronic communication
Information Technology - Sex offense with minor, electronic communication
Criminal Procedure - Sex offense with minor, electronic communication
Peace Officers and Law Enforcement - Sex offense with minor, electronic communication
Police, City and County - Sex offense with minor, electronic communication
Police, State - Sex offense with minor, electronic communication
Sheriffs - Sex offense with minor, electronic communication
Fiscal Note - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication

Amendment House Floor Amendment 3
Sponsor T. Riner
Summary Make title amendment.
Index Headings Children and Minors - Sex offense with minor, electronic communication
Communications - Sex offense with minor, electronic communication
Crimes and Punishments - Sex offense with minor, electronic communication
Information Technology - Sex offense with minor, electronic communication
Criminal Procedure - Sex offense with minor, electronic communication
Peace Officers and Law Enforcement - Sex offense with minor, electronic communication
Police, City and County - Sex offense with minor, electronic communication
Police, State - Sex offense with minor, electronic communication
Sheriffs - Sex offense with minor, electronic communication
Fiscal Note - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication

Amendment Senate Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Retain original provisions of bill except remove statute of limitation extension and amend to include exemption in KRS 528.080 as it relates to manufacturers of gambling devices for sale to businesses outside of the Commonwealth.
Index Headings Children and Minors - Sex offense with minor, electronic communication
Communications - Sex offense with minor, electronic communication
Crimes and Punishments - Sex offense with minor, electronic communication
Information Technology - Sex offense with minor, electronic communication
Criminal Procedure - Sex offense with minor, electronic communication
Peace Officers and Law Enforcement - Sex offense with minor, electronic communication
Police, City and County - Sex offense with minor, electronic communication
Police, State - Sex offense with minor, electronic communication
Sheriffs - Sex offense with minor, electronic communication
Fiscal Note - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication

Amendment Senate Committee Amendment 1
Sponsor D. Seum
Summary Retain original provisions, except extend the time period in which a civil action must be brought for recovery of damages for childhood sexual abuse to within 12 years after the victim attains the age of 21.
Index Headings Children and Minors - Sex offense with minor, electronic communication
Communications - Sex offense with minor, electronic communication
Crimes and Punishments - Sex offense with minor, electronic communication
Information Technology - Sex offense with minor, electronic communication
Criminal Procedure - Sex offense with minor, electronic communication
Peace Officers and Law Enforcement - Sex offense with minor, electronic communication
Police, City and County - Sex offense with minor, electronic communication
Police, State - Sex offense with minor, electronic communication
Sheriffs - Sex offense with minor, electronic communication
Fiscal Note - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication

Amendment Senate Committee Amendment 2
Sponsor R. Stivers II
Summary Amend to include exemption in KRS 528.080 as it relates to manufacturers of gambling devices for sale to businesses outside of the Commonwealth.
Index Headings Children and Minors - Sex offense with minor, electronic communication
Communications - Sex offense with minor, electronic communication
Crimes and Punishments - Sex offense with minor, electronic communication
Information Technology - Sex offense with minor, electronic communication
Criminal Procedure - Sex offense with minor, electronic communication
Peace Officers and Law Enforcement - Sex offense with minor, electronic communication
Police, City and County - Sex offense with minor, electronic communication
Police, State - Sex offense with minor, electronic communication
Sheriffs - Sex offense with minor, electronic communication
Fiscal Note - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication

Amendment Senate Committee Amendment 3
Sponsor R. Stivers II
Summary Make title amendment.
Index Headings Children and Minors - Sex offense with minor, electronic communication
Communications - Sex offense with minor, electronic communication
Crimes and Punishments - Sex offense with minor, electronic communication
Information Technology - Sex offense with minor, electronic communication
Criminal Procedure - Sex offense with minor, electronic communication
Peace Officers and Law Enforcement - Sex offense with minor, electronic communication
Police, City and County - Sex offense with minor, electronic communication
Police, State - Sex offense with minor, electronic communication
Sheriffs - Sex offense with minor, electronic communication
Fiscal Note - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication
Corrections Impact - Sex offense with minor, electronic communication
Local Mandate - Sex offense with minor, electronic communication

Last updated: 1/16/2019 5:01 PM (EST)