Senate Bill 58

Actions | Amendments
Last Action signed by Governor (Acts ch. 128)
Title AN ACT relating to crimes and punishments.
Bill Documents Bill
Impact Statements Corrections Impact
Local Mandate
Bill Request Number 276
Sponsor J. Schickel
Summary of Original Version Amend KRS 431.005 relating to arrests to permit a peace officer to make an arrest or issue a citation for a violation of KRS 508.030, assault in the 4th degree, which is a misdemeanor, even when the officer did not view the commission of the offense if there is probable cause to make the arrest if the assault occurred in the emergency room of a hospital; define emergency room; amend KRS 431.015 mandating the use of a citation in lieu of arrest to exempt an arrest for 4th degree assault in a hospital emergency room.
Index Headings of Original Version Local Mandate - Arrest for misdemeanor assault in hospital emergency room permitted
Corrections Impact - Arrest for misdemeanor assault in hospital emergency room permitted
Hospitals and Nursing Homes - Arrest for misdemeanor assault in hospital emergency room permitted
Nurses - Arrest for misdemeanor assault in hospital emergency room permitted
Peace Officers and Law Enforcement - Arrest for misdemeanor assault in hospital emergency room permitted
Physicians and Practitioners - Arrest for misdemeanor assault in hospital emergency room permitted
Police, City and County - Arrest for misdemeanor assault in hospital emergency room permitted
Police, State - Arrest for misdemeanor assault in hospital emergency room permitted
Sheriffs - Arrest for misdemeanor assault in hospital emergency room permitted
Crimes and Punishments - Arrest for misdemeanor assault in hospital emergency room permitted
Criminal Procedure - Arrest for misdemeanor assault in hospital emergency room permitted
Proposed Amendments House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
House Floor Amendment 6
Votes Vote History

Actions

Top | Amendments
12/15/11
  • Prefiled by the sponsor(s).
01/03/12
  • introduced in Senate
  • to Judiciary (S)
02/23/12
  • reported favorably, 1st reading, to Consent Calendar
02/24/12
  • 2nd reading, to Rules
03/05/12
  • posted for passage in the Regular Orders of the Day for Tuesday, March 6, 2012
03/06/12
  • 3rd reading, passed 35-2
03/07/12
  • received in House
03/08/12
  • to Judiciary (H)
03/19/12
  • posted in committee
03/21/12
  • reported favorably, 1st reading, to Consent Calendar
03/22/12
  • 2nd reading, to Rules
  • posted for passage in the Consent Orders of the Day for Tuesday, March 27, 2012
03/23/12
  • floor amendment (1) filed
03/26/12
  • taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
  • floor amendments (2) (3-title) and (4) filed
03/27/12
  • floor amendments (5) and (6-title) filed
03/28/12
  • 3rd reading
  • floor amendment (1) ruled not germane
  • passed 95-0
03/29/12
  • received in Senate
03/30/12
  • enrolled, signed by each presiding officer
  • delivered to Governor
04/11/12
  • signed by Governor (Acts ch. 128)

Proposed Amendments

Top | Actions
Amendment House Floor Amendment 1
Piggyback? Yes
Sponsor R. Palumbo
Summary Retain original provisions except amend KRS 216B.400 to provide that to receive reimbursement for a medical exam of a crime victim, the exam has to occur within 12 months of the claimant's application; amend KRS 346.020 to add a member of a crime victim's family to the definition of "claimant"; amend KRS 346.040 to permit the Crime Victims Compensation Board to negotiate a binding settlement for recoverable expenses with the provider after a claim has been filed; create a new section of KRS Chapter 346 to provide that debt collection actions against crime victims, where the debt incurred is related to a recoverable claim through the board, shall cease pending action by the board, and establish procedures; amend KRS 346.050 and 346.100 to conform; amend KRS 346.130 to permit the use of court records to establish the occurrence and reporting of criminal conduct, and provide that to receive an award for loss of support or earnings, the support or earnings had to exist at the time of the criminal conduct; direct that a claim related to sexual assault or domestic violence shall not be denied or reduced solely based upon the victim's lack of full cooperation with law enforcement; amend KRS 346.140 to add donations made on behalf of a victim to the listing of offsets to be made against awards; amend KRS 532.162 to provide that if a court orders a defendant to pay restitution for criminal conduct, that restitution may be directed to the Crime Victims Compensation Board as appropriate; repeal KRS 346.190, related to reciprocal agreements between states.
Index Headings Local Mandate - Arrest for misdemeanor assault in hospital emergency room permitted
Corrections Impact - Arrest for misdemeanor assault in hospital emergency room permitted
Hospitals and Nursing Homes - Arrest for misdemeanor assault in hospital emergency room permitted
Nurses - Arrest for misdemeanor assault in hospital emergency room permitted
Peace Officers and Law Enforcement - Arrest for misdemeanor assault in hospital emergency room permitted
Physicians and Practitioners - Arrest for misdemeanor assault in hospital emergency room permitted
Police, City and County - Arrest for misdemeanor assault in hospital emergency room permitted
Police, State - Arrest for misdemeanor assault in hospital emergency room permitted
Sheriffs - Arrest for misdemeanor assault in hospital emergency room permitted
Crimes and Punishments - Arrest for misdemeanor assault in hospital emergency room permitted
Criminal Procedure - Arrest for misdemeanor assault in hospital emergency room permitted

Amendment House Floor Amendment 2
Piggyback? Yes
Sponsor D. Keene
Summary Retain original provisions; amend KRS 241.010 to revise the definition of "restaurant" to a facility receiving at least 50% of its food and beverage income from the sale of food; amend KRS 242.1295, 243.032, 243.250, and 244.090 to require a restaurant to derive at least 50% of its food and beverage sales from the sale of food; amend KRS 243.220 to rescind the requirement that a retail alcohol licensee premises have a street level entrance in a business center or on a main thoroughfare; remove the accompanying exemptions; amend KRS 153.460, 244.125, 244.290, and 244.295 to require a restaurant to derive less than 50% of its food and beverage sales from the sale of alcohol.
Index Headings Local Mandate - Arrest for misdemeanor assault in hospital emergency room permitted
Corrections Impact - Arrest for misdemeanor assault in hospital emergency room permitted
Hospitals and Nursing Homes - Arrest for misdemeanor assault in hospital emergency room permitted
Nurses - Arrest for misdemeanor assault in hospital emergency room permitted
Peace Officers and Law Enforcement - Arrest for misdemeanor assault in hospital emergency room permitted
Physicians and Practitioners - Arrest for misdemeanor assault in hospital emergency room permitted
Police, City and County - Arrest for misdemeanor assault in hospital emergency room permitted
Police, State - Arrest for misdemeanor assault in hospital emergency room permitted
Sheriffs - Arrest for misdemeanor assault in hospital emergency room permitted
Crimes and Punishments - Arrest for misdemeanor assault in hospital emergency room permitted
Criminal Procedure - Arrest for misdemeanor assault in hospital emergency room permitted

Amendment House Floor Amendment 3
Sponsor D. Keene
Summary Make title amendment.
Index Headings Local Mandate - Arrest for misdemeanor assault in hospital emergency room permitted
Corrections Impact - Arrest for misdemeanor assault in hospital emergency room permitted
Hospitals and Nursing Homes - Arrest for misdemeanor assault in hospital emergency room permitted
Nurses - Arrest for misdemeanor assault in hospital emergency room permitted
Peace Officers and Law Enforcement - Arrest for misdemeanor assault in hospital emergency room permitted
Physicians and Practitioners - Arrest for misdemeanor assault in hospital emergency room permitted
Police, City and County - Arrest for misdemeanor assault in hospital emergency room permitted
Police, State - Arrest for misdemeanor assault in hospital emergency room permitted
Sheriffs - Arrest for misdemeanor assault in hospital emergency room permitted
Crimes and Punishments - Arrest for misdemeanor assault in hospital emergency room permitted
Criminal Procedure - Arrest for misdemeanor assault in hospital emergency room permitted

Amendment House Floor Amendment 4
Piggyback? Yes
Sponsor D. Keene
Summary Retain original provisions; amend KRS 241.010 to revise the definition of "qualified historic site" to remove lodging requirement and to specify that seating may be at tables, booths, or bars where food may be served, and revise the definition of "restaurant" to a facility receiving at least 50% of its food and beverage income from the sale of food; amend KRS 242.1295, 243.032, 243.250, and 244.090 to require a restaurant to derive at least 50% of its food and beverage sales from the sale of food; amend KRS 243.220 to rescind the requirement that a retail alcohol licensee premises have a street level entrance in a business center or on a main thoroughfare; remove the accompanying exemptions; amend KRS 153.460, 244.125, 244.290, and 244.295 to require a restaurant to derive less than 50% of its food and beverage sales from the sale of alcohol, revise KRS 243.042 to specify that a qualified historic site license may be issued in any territory not under prohibition, or any precinct which has authorized the issuance of qualified historic site licenses.
Index Headings Local Mandate - Arrest for misdemeanor assault in hospital emergency room permitted
Corrections Impact - Arrest for misdemeanor assault in hospital emergency room permitted
Hospitals and Nursing Homes - Arrest for misdemeanor assault in hospital emergency room permitted
Nurses - Arrest for misdemeanor assault in hospital emergency room permitted
Peace Officers and Law Enforcement - Arrest for misdemeanor assault in hospital emergency room permitted
Physicians and Practitioners - Arrest for misdemeanor assault in hospital emergency room permitted
Police, City and County - Arrest for misdemeanor assault in hospital emergency room permitted
Police, State - Arrest for misdemeanor assault in hospital emergency room permitted
Sheriffs - Arrest for misdemeanor assault in hospital emergency room permitted
Crimes and Punishments - Arrest for misdemeanor assault in hospital emergency room permitted
Criminal Procedure - Arrest for misdemeanor assault in hospital emergency room permitted

Amendment House Floor Amendment 5
Sponsor S. Overly
Summary Retain original provisions; amend KRS 529.010, relating to prostitution and human trafficking, to add definitions for "human trafficking victims fund," "minor," and "victim of human trafficking"; create new sections of KRS Chapter 529 to create offenses for patronizing prostitution and patronizing a minor victim of human trafficking and provide penalties; create a new section of KRS Chapter 529 to create a fee for patronizing a minor victim of human trafficking; create a new section of KRS Chapter 529 to create a human trafficking victims fund; create a new section of KRS Chapter 529 to require asset forfeiture for human trafficking offenders; amend KRS 516.030, relating to forgery in the second degree, to include coercing another person to make or obtain a false instrument in the commission of human trafficking; create a new section of KRS Chapter 16 to require the Department of Kentucky State Police to designate a unit to receive and investigate human trafficking complaints; amend KRS 15.334 relating to police training to require training in recognizing and investigating human trafficking and assisting the victims thereof; amend KRS 15.718 to require training in human trafficking for prosecutors; amend KRS 421.500, relating to victims services, to include victims of human trafficking; amend KRS 421.570, relating to victim advocates, to include training on human trafficking; amend KRS 431.600, relating to multidisciplinary team coordination of child sexual abuse investigations and prosecutions to include human trafficking victims advocates; create a new section of KRS Chapter 336 to require the Labor Cabinet to report incidents of human trafficking; amend KRS 337.385, relating to unpaid wages and damages, to require punitive damages when an employee is subjected to forced labor or services; amend KRS 413.249, relating to civil actions relating to childhood sexual abuse or childhood sexual assault, to provide an increased statute of limitations for child victims of human trafficking; amend KRS 431.082 to provide a cause of action for victims of human trafficking; amend KRS 17.500 to require persons convicted of patronizing a minor to register as sex offenders; APPROPRIATION.
Index Headings Local Mandate - Arrest for misdemeanor assault in hospital emergency room permitted
Corrections Impact - Arrest for misdemeanor assault in hospital emergency room permitted
Hospitals and Nursing Homes - Arrest for misdemeanor assault in hospital emergency room permitted
Nurses - Arrest for misdemeanor assault in hospital emergency room permitted
Peace Officers and Law Enforcement - Arrest for misdemeanor assault in hospital emergency room permitted
Physicians and Practitioners - Arrest for misdemeanor assault in hospital emergency room permitted
Police, City and County - Arrest for misdemeanor assault in hospital emergency room permitted
Police, State - Arrest for misdemeanor assault in hospital emergency room permitted
Sheriffs - Arrest for misdemeanor assault in hospital emergency room permitted
Crimes and Punishments - Arrest for misdemeanor assault in hospital emergency room permitted
Criminal Procedure - Arrest for misdemeanor assault in hospital emergency room permitted

Amendment House Floor Amendment 6
Sponsor S. Overly
Summary Make title amendment.
Index Headings Local Mandate - Arrest for misdemeanor assault in hospital emergency room permitted
Corrections Impact - Arrest for misdemeanor assault in hospital emergency room permitted
Hospitals and Nursing Homes - Arrest for misdemeanor assault in hospital emergency room permitted
Nurses - Arrest for misdemeanor assault in hospital emergency room permitted
Peace Officers and Law Enforcement - Arrest for misdemeanor assault in hospital emergency room permitted
Physicians and Practitioners - Arrest for misdemeanor assault in hospital emergency room permitted
Police, City and County - Arrest for misdemeanor assault in hospital emergency room permitted
Police, State - Arrest for misdemeanor assault in hospital emergency room permitted
Sheriffs - Arrest for misdemeanor assault in hospital emergency room permitted
Crimes and Punishments - Arrest for misdemeanor assault in hospital emergency room permitted
Criminal Procedure - Arrest for misdemeanor assault in hospital emergency room permitted

Last updated: 1/16/2019 3:37 PM (EST)