House Bill 315

Actions | Amendments
Last Action reported favorably, to Rules with Committee Substitute
Title AN ACT relating to gang violence prevention and declaring an emergency.
Bill Documents Current/Final
Introduced
Impact Statements Corrections Impact
Local Mandate
Bill Request Number 1037
Sponsors R. Benvenuti III, J. Blanton, S. Lee, R. Mills, C. Morgan, R. Palumbo, B. Reed, S. Westrom
Summary of Original Version Create new sections of KRS Chapter 506 to define "criminal gang" and " pattern of criminal gang activity"; enumerate what constitutes criminal gang recruitment in the first, second, and third degree; amend KRS 506.120 to define "criminal gang syndicate" and associated penalties for defendants convicted of certain offenses committed while acting as a criminal gang syndicate; amend KRS 506.150 to revise evidence that is corroborative of the existence of a gang or gang membership; create new sections of KRS Chapter 506 to require that anyone who is found to be a member of a criminal gang at the time of commission of a felony, and who is and subsequently convicted of a felony that put the public at risk, will be sentenced one class higher than the penalty provision pertaining to the felony offense he or she was convicted for; establish a cause of action for persons harmed by a criminal gang or criminal gang member; establish that any profits or proceeds forfeited or seized from a criminal gang are subject to forfeiture under KRS 218A.420; amend KRS 218A.420 to conform; provide that this Act will be known as the Gang Violence Prevention Act; encourage state and local law enforcement agencies to create a statewide gang violence prevention database; repeal KRS 506.140, relating to criminal gang recruitment; EMERGENCY.
Index Headings of Original Version Corrections Impact - Gang Violence Prevention Act
Courts - Gang violence, prevention of
Crimes and Punishments - Gang violence, prevention of
Criminal Procedure - Gang violence, prevention of
Civil Procedure - Gang violence, cause of action
Short Titles and Popular Names - Gang Violence Prevention Act
Local Mandate - Gang Violence Prevention Act
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
Senate Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
02/13/17
  • introduced in House
02/15/17
  • to Judiciary (H)
02/21/17
  • posted in committee
02/22/17
  • reported favorably, 1st reading, to Calendar with Committee Substitute
02/23/17
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, February 24, 2017
  • floor amendment (1) filed to Committee Substitute
02/24/17
  • 3rd reading, passed 91-3 with Committee Substitute and floor amendment (1)
02/27/17
  • received in Senate
02/28/17
  • to Judiciary (S)
03/06/17
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
03/07/17
  • taken from Judiciary (S)
  • 2nd reading
  • returned to Judiciary (S)
03/14/17
  • reported favorably, to Rules with Committee Substitute

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Create new sections of KRS Chapter 506 to define "criminal gang" and " pattern of criminal gang activity"; enumerate what constitutes criminal gang recruitment in the first, second, and third degree; amend KRS 506.120 to define "criminal gang syndicate" and associated penalties for defendants convicted of certain offenses committed while acting as a criminal gang syndicate; amend KRS 506.150 to revise evidence that is corroborative of the existence of a gang or gang membership; create new sections of KRS Chapter 506 to require that anyone who is found to be a member of a criminal gang at the time of commission of a felony, and who is subsequently convicted of a felony that put the public at risk, be sentenced one class higher than the penalty provision pertaining to the felony offense he or she was convicted for; establish a cause of action for persons harmed by a criminal gang or criminal gang member; establish that any profits or proceeds forfeited or seized from a criminal gang are subject to forfeiture under KRS 218A.420; amend KRS 218A.420 to conform; provide that this bill will be known as the Gang Violence Prevention Act; encourage state and local law enforcement agencies to create a statewide gang violence prevention database; repeal KRS 506.140, relating to criminal gang recruitment; EMERGENCY.
Index Headings Corrections Impact - Gang Violence Prevention Act
Courts - Gang violence, prevention of
Crimes and Punishments - Gang violence, prevention of
Criminal Procedure - Gang violence, prevention of
Civil Procedure - Gang violence, cause of action
Short Titles and Popular Names - Gang Violence Prevention Act
Local Mandate - Gang Violence Prevention Act

Amendment House Floor Amendment 1
Sponsor R. Benvenuti III
Summary Specify that upon the prosecutor's motion, a defendant convicted of a specific misdemeanor who is found beyond a reasonable doubt to have been a member of a gang at the time of the commission of the offense must serve at least 85% of the sentence imposed; state that juveniles who are not youthful offenders shall not be subject to any penalty enhancement provision.
Index Headings Corrections Impact - Gang Violence Prevention Act
Courts - Gang violence, prevention of
Crimes and Punishments - Gang violence, prevention of
Criminal Procedure - Gang violence, prevention of
Civil Procedure - Gang violence, cause of action
Short Titles and Popular Names - Gang Violence Prevention Act
Local Mandate - Gang Violence Prevention Act

Amendment Senate Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Create new sections of KRS Chapter 506 to define "criminal gang" and "pattern of criminal gang activity"; repeal and reenact KRS 506.140 to enumerate what constitutes criminal gang recruitment in the first, second, and third degree; amend KRS 506.120 to define "criminal gang syndicate" and associated penalties for defendants convicted of certain offenses committed while acting as a criminal gang syndicate; amend KRS 506.150 to revise evidence that is corroborative of the existence of a gang or gang membership; create new sections of KRS Chapter 506 to require that anyone who is found to be a member of a criminal gang at the time of commission of a felony, and who is and subsquently convicted of a felony that put the public at risk, will be sentenced one class higher than the penalty provision pertaining to the felony offense he or she was convicted for, unless the person is determined to be a persistent felony offender; establish a cause of action for person harmed by a criminal gang or criminal gang member; create a new section of KRS Chapter 506 to state that property used by a gang or gang member in the commission of the crime shall be forfeited and disposed of in accordance with KRS 218A.405 to 218A.460; provide that this Act will be known as the Gang Violence Prevention Act; encourage state and local law enforcement agencies to create a statewide gang violence prevention database; declare an EMERGENCY.
Index Headings Corrections Impact - Gang Violence Prevention Act
Courts - Gang violence, prevention of
Crimes and Punishments - Gang violence, prevention of
Criminal Procedure - Gang violence, prevention of
Civil Procedure - Gang violence, cause of action
Short Titles and Popular Names - Gang Violence Prevention Act
Local Mandate - Gang Violence Prevention Act

Last updated: 1/16/2019 3:02 PM (EST)