| 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 |
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 Local Mandate - Robbery in the second degree, enhanced penalty during a declared emergency Corrections Impact - Robbery in the second degree, enhanced penalty during a declared emergency Public Protection - Robbery in the second degree, 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 |
| 02/16/22 |
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| 02/18/22 |
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| 03/03/22 |
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| 03/04/22 |
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| 03/07/22 |
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| 03/08/22 |
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| 03/22/22 |
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| 03/23/22 |
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| 03/24/22 |
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| 03/29/22 |
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| 03/30/22 |
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| 04/08/22 |
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| 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: 2/8/2023 2:57 PM (EST)