Senate Bill 179

Actions | Amendments
Last Action 04/08/22: signed by Governor (Acts Ch. 151)
Title AN ACT relating to criminal offenses committed during a declared emergency.
Bill Documents Acts Chapter 151
Current/Final
Introduced
Fiscal Impact Statements Corrections Impact
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 1256
Sponsors D. Carroll, R. Mills, J. Howell, W. Westerfield, M. Wilson
Summary of Original Version Amend KRS 500.080 to define "natural or man-made disaster"; amend KRS 508.025, 511.020, 511.030, 511.040, 511.060, 511.070, 511.080, 512.020, 512.030, 512.040, 514.110 and 515.020 to provide an enhanced penalty if the offense occurred during a declared emergency arising from a natural or man-made disaster and within the area covered by the emergency declaration; amend KRS 514.030 to provide that any classification of theft by unlawful taking or disposition shall be charged one level higher if the offense occurred during a declared emergency arising from a natural or man-made disaster and within the area covered by the emergency declaration; amend KRS 514.040 to provide that any classification of theft by deception shall be charged one level higher if the offense occurred during a declared emergency arising from a natural or man-made disaster and within the area covered by the emergency declaration; amend various statutes to conform.
Index Headings of Original Version Corrections Impact - Theft by unlawful taking, enhanced penalty during a declared emergency
Public Protection - Various crimes, enhanced penalty during a declared emergency
Local Mandate - Theft by deception, enhanced penalty during a declared emergency
Crimes and Punishments - Burglary, enhanced penalty during a declared emergency
Crimes and Punishments - Criminal mischief, enhanced penalty during a declared emergency
Crimes and Punishments - Receiving stolen property, enhanced penalty during a declared emergency
Crimes and Punishments - Robbery in the first degree, enhanced penalty during a declared emergency
Crimes and Punishments - Theft by deception, enhanced penalty during a declared emergency
Crimes and Punishments - Theft by unlawful taking, enhanced penalty during a declared emergency
Crimes and Punishments - Theft by unlawful faking, enhanced penalty during a declarred emergency
Criminal Procedure - Burglary, enhanced penalty during a declared emergency
Criminal Procedure - Criminal mischief, enhanced penalty during a declared emergency
Criminal Procedure - Receiving stolen property, enhanced penalty during a declared emergency
Criminal Procedure - Robbery in the first degree, enhanced penalty during a declared emergency
Criminal Procedure - Theft by deception, enhanced penalty during a declared emergency
Criminal Procedure - Theft by unlawful taking, enhanced penalty during a declared emergency
Jump to Proposed Amendments Senate Committee Substitute 1 with Fiscal Impact Statements
House Floor Amendment 1
House Floor Amendment 2
Votes Vote History

Actions

Top | Amendments
02/16/22
  • introduced in Senate
  • to Committee on Committees (S)
02/18/22
  • to Judiciary (S)
03/03/22
  • reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)
03/04/22
  • 2nd reading, to Rules as a consent bill
03/07/22
  • posted for passage in the Consent Orders of the Day for Tuesday, March 08, 2022
03/08/22
  • 3rd reading, passed 34-1 with Committee Substitute (1)
  • received in House
  • to Committee on Committees (H)
03/22/22
  • to Judiciary (H)
03/23/22
  • reported favorably, 1st reading, to Calendar
03/24/22
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, March 25, 2022
  • floor amendments (1) and (2) filed
03/29/22
  • 3rd reading
  • floor amendment (2) defeated
  • passed 84-10 with Floor Amendment (1)
  • received in Senate
  • to Rules (S)
03/30/22
  • posted for passage for concurrence in House Floor Amendment (1)
  • Senate concurred in House Floor Amendment (1)
  • passed 34-2
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
04/08/22
  • signed by Governor (Acts Ch. 151)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Fiscal Impact Statements Corrections Impact to Senate Committee Substitute 1
Local Mandate to Senate Committee Substitute 1
Summary Retain original provisions; amend KRS 515.030 to provide an enhanced penalty if the offense occurred during a declared emergency arising from a natural or man-made disaster and within the area covered by the emergency declaration.
Index Headings Crimes and Punishments - Robbery in the second degree, enhanced penalty during a declared emergency
Criminal Procedure - Robbery in the second degree, enhanced penalty during a declared emergency
Public Protection - Robbery in the second degree, enhanced penalty during a declared emergency

Amendment House Floor Amendment 1
Sponsor C. Massey
Summary Retain original provisions; amend KRS 500.080 to define "impacted by the disaster"; amend Section 2 to 16 of the Act to provide that a crime must be committed in the area impacted by the disaster to qualify for an enhanced penalty.
Index Headings Crimes and Punishments - Crime during a declared emergency, enhanced penalties
Criminal Procedure - Crime during a declared emergency, enhanced penalties

Amendment House Floor Amendment 2
Sponsor K. Herron
Summary Retain original provisions; create a new section of KRS Chapter 532 to provide that a jury, or judge if a trial is without a jury, may decline to assess the enhanced penalty for an offense under Section 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16.
Index Headings Crimes and Punishments - Crimes committed during a declared emergency, enhanced penalties, jury discretion
Criminal Procedure - Crimes committed during a declared emergency, enhanced penalties, jury discretion

Last updated: 5/25/2022 2:58 PM (EDT)
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