Last Action | received in Senate |
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Title | AN ACT relating to victims of sex offenses. |
Bill Documents |
Bill
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Impact Statements |
Corrections Impact
Local Mandate |
Bill Request Number | 452 |
Sponsors | R. Palmer II, D. Harper Angel |
Summary of Original Version | Create a new section of KRS Chapter 510 to provide for a permanent restraining order for victims of sex offenses with application thereof to proceed automatically upon a conviction or plea of guilty for a violation of Chapter 510; establish that the court may grant the victim various forms of relief limiting contact between the defendant and the victim and the family and household members of the victim; provide that any such order be sufficiently limited to protect the victim but also protect a defendant’s right to work, receive an education or do business with the employer of a victim; establish that a restraining order issued against a person under this provision is valid for a period of not more than 10 years, the specific duration of which will be determined by the court; establish that a violation of the restraining order is a Class A misdemeanor; require that a restraining order not prohibit contact by an attorney regarding a legal matter; establish that within 24 hours of entry of a restraining order or entry of an order rescinding a restraining order, the circuit clerk shall forward a copy of the order to the Law Information Network of Kentucky (LINK); require that the location of the victim be confidential; require that an order continue in effect following the termination of any terms or conditions of a defendant's suspension of sentence, probation supervision, home incarceration or any other post-conviction release of the defendant; establish that this provision does not preclude the filing of a criminal complaint for a criminal violation based on the same act as that which is the basis for the violation of the restraining order. |
Index Headings of Original Version |
Courts - Restraining order, victim of sex offense, issuance of Crime Victims - Restraining order, victim of sex offense Crimes and Punishments - Restraining order, victim of sex offense, issuance of Criminal Procedure - Restraining order, victim of sex offense, violation of Civil Actions - Restraining order, victim of sex offense Civil Procedure - Restraining order, victim of sex offense Corrections Impact - Restraining order, victim of sex offense, violation of Local Mandate - Restraining order, victim of sex offense, violation of |
Proposed Amendments |
Senate Committee Substitute 1 House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 |
Votes | Vote History |
03/06/14 |
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03/11/14 |
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03/13/14 |
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03/14/14 |
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03/19/14 |
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03/20/14 |
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03/21/14 |
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03/24/14 |
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03/25/14 |
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03/26/14 |
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03/27/14 |
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04/14/14 |
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Amendment | Senate Committee Substitute 1 |
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Impact Statements |
Corrections Impact
Local Mandate |
Summary | Retain original provisions except delete at subsection (10), "The victim's location shall remain confidential and shall not appear on any documents or records to which the defendant has access" and replace with "The court shall determine the appropriate level of identifying information for any place or person with which contact is restricted."; make various technical corrections. |
Index Headings |
Courts - Restraining order, victim of sex offense, issuance of Crime Victims - Restraining order, victim of sex offense Crimes and Punishments - Restraining order, victim of sex offense, issuance of Criminal Procedure - Restraining order, victim of sex offense, violation of Civil Actions - Restraining order, victim of sex offense Civil Procedure - Restraining order, victim of sex offense Corrections Impact - Restraining order, victim of sex offense, violation of Local Mandate - Restraining order, victim of sex offense, violation of |
Amendment | House Floor Amendment 1 |
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Sponsor | T. Riner |
Summary | Retain original provisions; amend KRS 413.249 relating to the statute of limitations 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 12 years; amend KRS 413.190 to include KRS 413.249 in provisions relating to tolling of statutes of limitations in civil actions. |
Index Headings |
Courts - Restraining order, victim of sex offense, issuance of Crime Victims - Restraining order, victim of sex offense Crimes and Punishments - Restraining order, victim of sex offense, issuance of Criminal Procedure - Restraining order, victim of sex offense, violation of Civil Actions - Restraining order, victim of sex offense Civil Procedure - Restraining order, victim of sex offense Corrections Impact - Restraining order, victim of sex offense, violation of Local Mandate - Restraining order, victim of sex offense, violation of |
Amendment | House Floor Amendment 2 |
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Sponsor | T. Riner |
Summary | Retain original provisions; amend KRS 413.249 relating to the statute of limitations 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 12 years; amend KRS 413.190 to include KRS 413.249 in provisions relating to tolling of statutes of limitations in civil actions. |
Index Headings |
Courts - Restraining order, victim of sex offense, issuance of Crime Victims - Restraining order, victim of sex offense Crimes and Punishments - Restraining order, victim of sex offense, issuance of Criminal Procedure - Restraining order, victim of sex offense, violation of Civil Actions - Restraining order, victim of sex offense Civil Procedure - Restraining order, victim of sex offense Corrections Impact - Restraining order, victim of sex offense, violation of Local Mandate - Restraining order, victim of sex offense, violation of |
Amendment | House Floor Amendment 3 |
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Sponsor | J. Jenkins |
Summary | Amend KRS 6.611 to establish that actions taken by a former legislator while he or she is a member of the General Assembly are within the definition of legislator; amend KRS 6.651 to require the Legislative Ethics Commission membership to include at least one member of a minority group and both genders, to amend the process of appointing members to the commission, and to require the commission to remove any member that fails to attend at least one-half of all commission meetings in a calendar year; amend KRS 6.731 to prohibit a legislator from using his or her official position to subject another person to harassment or sexual harassment; declare an EMERGENCY. |
Index Headings |
Courts - Restraining order, victim of sex offense, issuance of Crime Victims - Restraining order, victim of sex offense Crimes and Punishments - Restraining order, victim of sex offense, issuance of Criminal Procedure - Restraining order, victim of sex offense, violation of Civil Actions - Restraining order, victim of sex offense Civil Procedure - Restraining order, victim of sex offense Corrections Impact - Restraining order, victim of sex offense, violation of Local Mandate - Restraining order, victim of sex offense, violation of |
Amendment | House Floor Amendment 4 |
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Sponsor | J. Jenkins |
Summary | Make title amendment. |
Index Headings |
Courts - Restraining order, victim of sex offense, issuance of Crime Victims - Restraining order, victim of sex offense Crimes and Punishments - Restraining order, victim of sex offense, issuance of Criminal Procedure - Restraining order, victim of sex offense, violation of Civil Actions - Restraining order, victim of sex offense Civil Procedure - Restraining order, victim of sex offense Corrections Impact - Restraining order, victim of sex offense, violation of Local Mandate - Restraining order, victim of sex offense, violation of |
Last updated: 8/27/2019 6:52 PM (EDT)