Kentucky
General Assembly

01/10/18	introduced in House
01/16/18	to Judiciary (H)
01/22/18	posted in committee
02/07/18	reported favorably, 1st reading, to Calendar
02/08/18	2nd reading, to Rules recommitted to Appropriations & Revenue (H)
03/08/18	posted in committee
03/13/18	reported favorably, to Rules with Committee Substitute floor amendments (1) and (2) filed to Committee Substitute
03/14/18	posted for passage in the Regular Orders of the Day for Thursday, March 15, 2018 floor amendment (3) filed to Committee Substitute
03/15/18	3rd reading floor amendments (2) and (3) defeated passed 71-17 with Committee Substitute (1)
03/16/18	received in Senate
03/19/18	to Judiciary (S)
03/20/18	taken from Judiciary (S) 1st reading returned to Judiciary (S)
03/21/18	taken from Judiciary (S) 2nd reading returned to Judiciary (S)
03/27/18	reported favorably, to Rules with Committee Substitute (1) floor amendment (1) filed to Committee Substitute
03/29/18	posted for passage in the Regular Orders of the Day for Thursday, March 29, 2018 passed over and retained in the Orders of the Day
04/02/18	passed over and retained in the Orders of the Day
04/13/18	3rd reading floor amendment (1) ruled not germane passed 21-17 with Committee Substitute (1) received in House to Rules (H) posted for passage for concurrence in Senate Committee Substitute (1) House concurred in Senate Committee Substitute (1) passed 59-30
04/14/18	enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor
04/26/18	signed by Governor (Acts, ch. 202)

Amendment	House Committee Substitute 1
Fiscal Impact Statements	Corrections Impact to House Committee Substitute 1 Local Mandate to House Committee Substitute 1
Summary	Amend Section 1 to include "reliable" informant as a means of determining whether someone is a member of a criminal gang, include language related to promoting and furthering criminal activity when determining whether someone is a criminal gang member through social media posts and photos, and make changes to conform; EMERGENCY
Index Headings	Corrections Impact - Gang Violence Prevention Act Corrections Impact - Gang Violence Prevention Act Courts - Gang violence, prevention of Crimes and Punishments - Gang violence, prevention of Criminal Procedure - Gang violence, prevention of Effective Dates, Emergency - Gang Violence Prevention Act Local Mandate - Gang Violence Prevention Act Short Titles and Popular Names - Gang Violence Prevention Act Technical Corrections - Technical Corrections Local Mandate - Technical Corrections

Amendment	House Floor Amendment 1
Piggyback?	Yes
Sponsor	A. Scott
Summary	Create a new section of KRS Chapter 6, relating to legislation considered by the General Assembly, to require racial impact statements when indicated.
Index Headings	General Assembly - Racial impact statements, requiring Legislative Research Commission - Racial impact statements, requiring Piggybacked Bills - SB 230 to HB 169/HCS1 Race Relations - Racial impact statements, requiring State Agencies - Administrative Office of the Courts, racial impact statement State Agencies - Department of Corrections, racial impact statements State Agencies - Department of Kentucky State Police, racial impact statements State Agencies - Human Rights Commission, racial impact statements State Agencies - Parole Board, racial impact statements

Amendment	House Floor Amendment 2
Sponsor	A. Scott
Summary	Amend to allow restorative justice practices.
Index Headings	Crimes and Punishments - Restorative justice practices, allow Criminal Procedure - Restorative justice practices, allow

Amendment	House Floor Amendment 3
Sponsor	J. Nemes
Summary	Amend Section 1 to delete requirement that three or more persons are required to constitute a criminal gang and require five or more persons and delete provision allowing a felony offense and at least one misdemeanor offense to constitute a pattern of criminal gang activity; amend KRS 506.140 to delete provision making criminal gang recruitment in the first degree a Class B felony for a second or subsequent offense, delete requirement making criminal gang requirement in the second degree a Class C felony for the second or subsequent offense, and delete provision making criminal gang recruitment in the third degree a Class D felony for the second or subsequent offense; amend KRS 506.120 to revise requirements related to determining whether defendants were acting as a criminal syndicate, delete language related to “criminal gang syndicate, expand list of crimes that a syndicate might engage in to include acting to promote or engage in intimidation of a participant in a legal process, tampering with physical evidence, and sex and child-related criminal offenses; amend Section 5 to delete harassing communications as one of the crimes eligible under section 5 for increased mandatory prison term and include requirement that a prosecutor must agree to a mandatory imprisonment term if defendant is determined to have a been a gang member at the time of conviction; provide that at the discretion of the prosecutor, a defendant can penalized one class more severely than provided in the penalty provision pertaining to the underlying felony offense; delete requirement that punitive and compensatory must be awarded in a civil action by a person harmed by a defendant acting in furtherance of a gang; provide that the defendant must have acted in furtherance of the gang in order for property to be eligible for forfeiture; EMERGENCY.
Index Headings	Civil Procedure - Gang violence, cause of action Courts - Gang violence, prevention of Crimes and Punishments - Gang violence, prevention of Criminal Procedure - Gang violence, prevention of Effective Dates, Emergency - Gang Violence Prevention Act Short Titles and Popular Names - Gang Violence Prevention Act

Amendment	Senate Committee Substitute 1
Fiscal Impact Statements	Corrections Impact to Senate Committee Substitute 1 Local Mandate to Senate Committee Substitute 1
Summary	Amend KRS 506.150 by including language that requires two or more of certain enumerated evidence to establish the existence of a criminal gang; amend section 5 to provide that the section does not apply to juvenile offenders unless he or she was transferred to Circuit Court as a youthful offender under KRS 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense; amend Section 6 to provide that this section does not apply to juvenile offenders unless he or she was transferred to Circuit Court as a youthful offender under KRS 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense or he or she is a violent offender; and amend Section 7 to provide that any award of nominal damages to the plaintiff must also support an award of attorney's fees and costs; EMERGENCY.
Index Headings	Civil Procedure - Gang violence, cause of action Corrections Impact - Gang Violence Prevention Act Courts - Gang violence, prevention of Crimes and Punishments - Gang violence, prevention of Criminal Procedure - Gang violence, prevention of Effective Dates, Emergency - Gang Violence Prevention Act Local Mandate - Gang Violence Prevention Act Short Titles and Popular Names - Gang Violence Prevention Act Technical Corrections - HB 169

Amendment	Senate Floor Amendment 1
Sponsor	G. Neal
Summary	Add new sections of KRS Chapter 506 making legislative findings, and requiring racial and ethnic community criminal justice and public safety impact statements for certain legislation and administrative regulations.
Index Headings	Administrative Regulations and Proceedings - Racial and ethnic community criminal justice and public safety impact statement, require Corrections and Correctional Facilities, State - Racial and ethnic community criminal justice and public safety impact statement, require Corrections Impact - Racial and ethnic community criminal justice and public safety impact statement, require Crimes and Punishments - Racial and ethnic community criminal justice and public safety impact statement, require Criminal Procedure - Racial and ethnic community criminal justice and public safety impact statement, require General Assembly - Racial and ethnic community criminal justice and public safety impact statement, require