Last Action | reported favorably, to Rules with Committee Substitute |
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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 |
02/13/17 |
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02/15/17 |
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02/21/17 |
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02/22/17 |
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02/23/17 |
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02/24/17 |
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02/27/17 |
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02/28/17 |
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03/06/17 |
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03/07/17 |
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03/14/17 |
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Amendment | House Committee Substitute 1 |
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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 |
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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 |
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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)