22RS HB 396

House Bill 396

Actions

Last Action	01/28/22: to Committee on Committees (H)
Title	AN ACT relating to public safety.
Bill Documents	Introduced
Fiscal Impact Statements	Corrections Impact Local Mandate
Bill Request Number	349
Sponsors	S. Sheldon, C. Massey
Summary of Original Version	Amend KRS 500.080 to define "riot"; amend KRS 508.010, relating to assault in the first degree, to create a mandatory fine of $15,000 when the offense is committed during the course of a riot; amend KRS 508.025, relating to assault in the third degree, to create a mandatory fine of $5,000 and a minimum sentence of 30 days' incarceration, which is not subject to any form of early release; amend KRS 508.030 to provide that knowingly shining or aiming a laser towards the head of another person results in a Class A misdemeanor; amend KRS 511.060, 511.070, and 511.080 to make criminal trespass enhance one classification level when done to harass a person who is a law enforcement officer, active duty member of the military, judge, or elected or appointed government official; create a new section of KRS Chapter 512 to require the court to order full restitution in any conviction under KRS 512.020, 512.030, or 512.040; amend KRS 512.020 to create a mandatory fine of $5,000 when a person is convicted of criminal mischief in the first degree during the course of a riot; create a new section of KRS Chapter 525 to require the court to order full restitution in any conviction under KRS 525.020, 525.030, or 525.040; amend KRS 525.020, relating to riot in the first degree, to create a minimum sentence of 45 days' incarceration, which is not subject to any form of early release; amend KRS 525.030, relating to riot in the second degree, to create a minimum sentence of 30 days' incarceration, which is not subject to any form of early release; amend KRS 525.140 to make obstructing a highway a Class D felony when the obstruction blocks an emergency vehicle, emergency responder, or emergency exit; amend KRS 525.150 to make disrupting meetings and processions a Class A misdemeanor in all cases; create a new section of KRS Chapter 431 to require 12-hour hold for any person charged with certain offenses and allow exceptions; amend KRS 431.073 to exclude various Class D felonies from being expungeable; amend KRS 533.254 to require the court to order restitution in cases where a person is put on probation or given pretrial diversion; amend KRS 411.100 to require gross negligence for a cause of action for property damaged by riotous or tumultuous assemblage of people that a local government could have prevented; repeal KRS 525.145, relating to disrupting meetings and processions in the first degree; amend various sections to conform.
Index Headings of Original Version	Courts - Pretrial release within 12 hours, certain offenses, prohibition Crimes and Punishments - Assault offenses, increased fines and mandatory minimum sentence of incarceration Crimes and Punishments - Criminal mischief, restitution Crimes and Punishments - Criminal trespass in the first degree, increased penalty when done to harass certain persons Crimes and Punishments - Disrupting meetings and processions, penalty Crimes and Punishments - Obstructing a highway or other public passage, increased penalty in certain cases Crimes and Punishments - Riot offenses, restitution and mandatory minimum sentence of incarceration Criminal Procedure - Pretrial release within 12 hours, certain offenses, prohibition Emergency Medical Services - Assault on and obstruction, increased penalty Firefighters and Fire Departments - Assault on, increased penalty Peace Officers and Law Enforcement - Assault on, increased penalty Police, City and County - Assault on, increased penalty Police, State - Assault on, increased penalty Sheriffs - Assault on, increased penalty Bail and Pretrial Release - Release within 12 hours certain offenses, prohibition Corrections Impact - Riot offenses, restitution and mandatory minimum sentence of incarceration Local Mandate - Riot offenses, restitution and mandatory minimum sentence of incarceration