| Last Action | 04/12/24: delivered to Secretary of State (Acts Ch. 174) |
|---|---|
| Title | AN ACT relating to crimes and punishments. |
| Bill Documents |
Acts Chapter 174
Current/Final Introduced |
| Fiscal Impact Statements |
Corrections Impact
Fiscal Note Local Mandate Additional Fiscal Impact Statements Exist |
| Bill Request Number | 128 |
| Sponsors | J. Bauman, S. Baker, D. Bentley, J. Blanton, K. Bratcher, S. Bratcher, E. Callaway, M. Clines, J. Decker, S. Dietz, M. Dossett, R. Dotson, R. Duvall, D. Fister, P. Flannery, K. Fleming, C. Freeland, C. Fugate, J. Gooch Jr., D. Hale, R. Heath, J. Hodgson, T. Huff, M. Imes, K. Jackson, DJ Johnson, J. Justice, K. King, S. Lewis, M. Lockett, S. McPherson, A. Neighbors, J. Nemes, D. Osborne, M. Pollock, P. Pratt, S. Rawlings, R. Raymer, S. Riley, S. Sharp, N. Tate, W. Thomas, J. Tipton, T. Truett, B. Wesley, R. White, W. Williams, N. Wilson, S. Witten |
| Summary of Enacted Version | Creates a new section of KRS Chapter 15A to require a local juvenile restorative justice advisory committee in each county or judicial district and to establish membership and duties; amends KRS 16.220 to allow purchase of a confiscated firearm by a person under the condition that the person leaves the firearm with the Department of Kentucky State Police for destruction, to prohibit government agencies from purchasing the firearm, and to make technical corrections; creates new sections of KRS Chapters 65, 198A, and 511, to establish the offense of criminal street camping and provides exceptions; amends KRS 158.155 to require that school employees report certain enumerated crimes to law enforcement; amends KRS 186.417 to include felony offenders released from county jails and local correctional facilities among those who may be issued personal identification cards or operator’s licenses under certain conditions; amends KRS 196.031 to require that the annual report include the percentage of offenders who commit new offenses within two years; amends KRS 202C.050 to reduce requirements for finding a person subject to involuntary commitment pursuant to KRS Chapter 202C; amends KRS 218A.1412 to provide increased penalties for certain trafficking offenses; amends KRS 431.510 to define terms, to prohibit any charitable bail organization from posting bail of $5,000 or more, to prohibit any charitable bail organization from posting bail for any offense of domestic violence and abuse or dating violence and abuse or for any offense under a civil court order or warrant under KRS 222.430 to 222.437 or for a person who has previously received bail from a charitable bail organization, to establish that any bond ordered forfeited following a new criminal offense shall be distributed to the victim of the new offense, and to require publication of records and annual reporting to the General Assembly; amends KRS 433.236 to limit liability for shopkeepers; amends KRS 439.320 to provide that members of the Parole Board shall serve at the pleasure of the Governor, that panels of the board shall consist of not less than three and not more than six members, and that all members of the panel must agree on a decision or the matter shall be referred to the full board; amends KRS 439.330 to require that parole be granted upon a two-thirds vote of the full board; amends KRS 439.340 to allow the Parole Board to order participation in a specific violence reduction program as a condition of parole; amends KRS 439.3401 to add to the definition of “violent offender” persons convicted of or entering a plea of guilty to the attempted commission of a capital or Class A felony offense, or the commission of robbery in the first degree, robbery in the second degree, arson in the first degree, strangulation in the first degree, carjacking, promoting contraband under certain circumstances, wanton endangerment under certain circumstances, burglary in the first degree under certain circumstances, or any felony resulting in death or serious injury, to require all violent offenders to serve 85 percent of their sentence before being eligible for parole, and to eliminate all earned sentence credits for violent offenders; amends KRS 500.080 to define “fentanyl derivative,” and to include family members, members of an unmarried couple, and persons in a dating relationship in application of a particular definition of serious physical injury; amends KRS 506.010 to establish higher penalties for attempted murder of a first responder; amends KRS 506.040 to provide increased penalty for a person over 18 years of age who engages in a criminal conspiracy with a minor; creates a new section of KRS Chapter 507 to create the offense of murder of a first responder and to establish penalties; amends KRS 507.030 to expand offense of manslaughter in the first degree; amends KRS 507.040 to expand offense of manslaughter in the second degree; amends KRS 508.060 to make wanton endangerment in the first degree a Class C felony when it involves the discharge of a firearm; amends KRS 508.075 and 508.078, relating to terroristic threatening, to include any workplace or any gathering of three or more persons; amends KRS 512.020 and 512.030 to lower the threshold for criminal mischief in the first degree to $500; amends KRS 514.020 to reduce the time required to establish prima facie evidence of theft by deception of rented or leased property that is not returned to the owner from 10 days to four days; amends KRS 514.030 to lengthen the time period for aggregating theft offenses and to establish venue; creates a new section of KRS Chapter 515 for a new offense of carjacking; creates a new section of KRS Chapter 520 to create the offense of fleeing or evading police in the third degree; amends KRS 520.015 to expand the offense of attempting to escape from the penitentiary; amends KRS 520.050 to enhance promoting contraband to a Class C felony if the contraband is fentanyl, carfentanil, or a fentanyl derivative; amends KRS 520.095 to enhance fleeing or evading police in the first degree to a Class C felony and to provide that a defendant shall not be released on probation, shock probation, conditional discharge, or parole without serving at least 50 percent of the sentence imposed; amends KRS 520.100 to enhance fleeing or evading police in the second degree to a Class D felony; amends KRS 524.040 to include harassing communications as conduct constituting intimidation of a participant in the legal process; creates new sections of KRS Chapter 532 to define “violent felony,” to enhance sentencing for a person convicted of a third violent felony, and to prohibit probation, parole, or other form of release for a person who commits a crime using a stolen firearm, or a firearm possessed after having been convicted of a felony; amends KRS 532.025 to include the murder of first responders as an aggravating circumstance for the death penalty; amends KRS 532.036 to allow restitution following a conviction for murder of a first responder; amends KRS 532.110 to provide that sentences for two or more felony sex crimes shall run consecutively and to provide that the defendant shall not be released on probation, shock probation, conditional discharge, or parole without serving at least 50 percent of the sentence imposed; amends KRS 533.030 to allow a court to require participation in a specific violence reduction program as a condition of probation or conditional discharge; creates a new section of KRS Chapter 610 to establish penalty; amends KRS 610.070 to require that a parent, legal guardian, or custodian be present at court proceedings involving a child in the juvenile justice system; amends KRS 149.410, 158.148, 218A.133, 218A.1402, 503.080, 506.160, 525.045, and 525.220 to conform; and repeals KRS 158.154, which deals with discipline in schools, and KRS 512.040, which establishes the crime of criminal mischief in the third degree; EFFECTIVE, in part, August 1, 2025. |
| Summary of Original Version | Create new sections of KRS Chapter 532 to define "violent felony" and enhance sentencing for a person convicted of a third violent felony; prohibit probation, parole, or other form of release for a person who commits a crime using a weapon that is stolen, defaced, loaded with restricted ammunition, or otherwise violates state law; amend KRS 610.070 to require a parent, legal guardian, or custodian to be present at court proceedings involving a child in the juvenile justice system; create a new section of KRS Chapter 610 to establish penalty; amend KRS 507.020 to expand offense of murder; amend KRS 507.030 to expand offense of manslaughter in the first degree; amend KRS 507.040 to expand offense of manslaughter in the second degree; amend KRS 218A.1412 to provide increased penalties for certain trafficking offenses; create a new section of KRS Chapter 515 to create a new offense of carjacking; amend KRS 512.020 and 512.030 to lower the threshold for criminal mischief in the first degree to $500; amend KRS 149.410, 506.160, and 525.220 to conform; amend KRS 520.050 to enhance promoting contraband to a Class B felony if the dangerous contraband is fentanyl, carfentanil, or a fentanyl derivative; amend KRS 16.220 to allow purchase of a confiscated firearm by a person who bids under the condition that they not take possession of the firearm, but instead leave it with the Department of Kentucky State Police for destruction; prohibit government agencies from purchasing the firearm; make technical corrections; create new sections of KRS Chapters 511, 198A, and 65 to establish the offense of criminal street camping and provide exceptions; amend KRS 503.080 to conform; amend KRS 202C.050 to reduce requirements to find a person subject to involuntary commitment pursuant to KRS Chapter 202C; amend KRS 186.417 to include felony offenders released from county jails and local correctional facilities among those who may be issued personal identification cards or operator's licenses under certain conditions; amend KRS 431.510 to define terms; prohibit any charitable bail organization from posting bail in excess of $5,000; prohibit any charitable bail organization from posting bail for any offense of domestic violence and abuse or dating violence and abuse, and for any offense under a civil court order or warrant under KRS 222.430 to 222.437; establish that any bond ordered forfeited following a new criminal offense shall be distributed to the victim of the new offense; require publication of records and annual reporting to the General Assembly; create new section of KRS Chapter 507 to create the offense of murder of a first responder and establish penalties; amend KRS 506.010 to conform; amend KRS 532.025 to include the murder of first responders as an aggravating circumstance for the death penalty; amend KRS 532.036 to allow restitution following a conviction for Murder of a first responder; amend KRS 439.320 to provide that members of the Parole Board shall serve at the pleasure of the Governor, that panels of the board shall consist of not less than three and not more than six members, and that all members of the panel must agree on a decision or the matter shall be referred to the full board; amend KRS 439.330 to require that parole be granted upon a two-thirds vote of the full board; amend KRS 433.236 to limit liability for shopkeepers; amend KRS 439.3401 to add a person who has been convicted of or entered a plea of guilty to a Class B felony violation of KRS 520.050 to the definition of "violent offender" and to include carjacking and attempted murder in the list of violent offenses; amend KRS 508.075 and 508.078, relating to terroristic threatening, to include any workplace or any gathering of 3 or more persons; amend KRS 524.040 to include harassing communications as conduct constituting intimidation of a participant in the legal process; amend KRS 439.340 to allow the Parole Board to order participation in a specific violence reduction program as a condition of parole; amend KRS 533.030 to allow a court to require participationin a specific violence reduction program as a condition of probation or conditional discharge; amend KRS 403.763 and 456.180 to enhance a second or subsequent violation of an order of protection within a five-year period to a Class D felony; amend KRS 500.080 to include family members, members of an unmarried couple, and persons in a dating relationship, in application of a particular definition of serious physical injury; amend KRS 514.020 to reduce the time required to establish prima facie evidence of theft by deception of rented or leased property that is not returned to the owner from 10 days to four days; amend KRS 196.031 to require the annual report to also include the percentage of offenders who commit new offenses within two years; amend KRS 520.095 to enhance fleeing or evading police in the first degree to a Class C felony; provide that the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least 50 percent of the sentence imposed; amend KRS 520.100 to enhance fleeing or evading police in the second degree to a Class D felony; amend KRS 532.110 to provide sentences for two or more felony sex crimes shall run consecutively; provide that the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least 50 percent of the sentence imposed; amend KRS 158.155 to require school employees to report certain enumerated crimes to law enforcement; repeal KRS 512.040, which establishes the crime of criminal mischief in the third degree and KRS 158.154, which deals with discipline in schools; EFFECTIVE, in part, August 1, 2025. |
| Index Headings of Original Version |
Courts - Carjacking, creation of offense Courts - Charitable bail organizations, prohibition, exceptions Courts - Intimidation, harassing communications Courts - Monetary amount of damage to qualify for criminal mischief offenses, reduction Courts - Parent or guardian, attendance at court hearings, requirement Courts, Circuit - Orders of protection, second or subsequent violation, Class D felony Courts, Circuit - Sentencing for violent felonies, enhancement Domestic Relations - Serious physical injury, definition, inclusion of certain relationships Courts, District - Orders of protection, second or subsequent violation, Class D felony Crime Victims - Orders of protection, second or subsequent violation, Class D felony Crime Victims - Serious physical injury, definition, inclusion of certain relationships Crimes and Punishments - Carjacking, creation of offense Crimes and Punishments - Charitable bail organizations, prohibition, exceptions Crimes and Punishments - Fleeing or evading police in the first degree, penalty enhancement Crimes and Punishments - Fleeing or evading police in the second degree, penalty enhancement Crimes and Punishments - Intimidation, harassing communications Crimes and Punishments - Manslaughter in the first degree, distribution of fentanyl Crimes and Punishments - Manslaughter in the second degree, distribution of controlled substance Crimes and Punishments - Monetary amount of damage to qualify for criminal mischief offenses, reduction Crimes and Punishments - Murder, inclusion of sale of fentanyl Crimes and Punishments - Orders of protection, second or subsequent violation, Class D felony Crimes and Punishments - Parent or guardian, attendance at court hearings, requirement Crimes and Punishments - Parole Board, grant of parole, requirement Crimes and Punishments - Probation and parole, prohibition, crimes committed with illegal firearms Crimes and Punishments - Promoting contraband, fentanyl, penalty enhancement Crimes and Punishments - Sentencing for violent felonies, enhancement Crimes and Punishments - Serious physical injury, definition, inclusion of certain relationships Crimes and Punishments - Terroristic threatening, workplaces and gatherings of 3 or more persons Crimes and Punishments - Theft by deception of rental property, timing requirement Crimes and Punishments - Violence reduction program, participation as a condition of probation or parole Crimes and Punishments - Violent offender, promoting contraband, Class B felony violation Criminal Procedure - Charitable bail organizations, prohibition, certain offenses Criminal Procedure - Fleeing or evading police in the first degree, penalty enhancement Criminal Procedure - Fleeing or evading police in the second degree, penalty enhancement Criminal Procedure - Liability, shopkeepers, limitation Criminal Procedure - Murder, inclusion of sale of fentanyl Criminal Procedure - Parent or guardian, attendance at court hearings, requirement Criminal Procedure - Probation and parole, prohibition, crimes committed with illegal firearms Criminal Procedure - Promoting contraband, fentanyl, penalty enhancement Criminal Procedure - Sentencing for violent felonies, enhancement Criminal Procedure - Violence reduction program, participation as a condition of probation or parole Criminal Procedure - Violent offender, promoting contraband, Class B felony violation Domestic Relations - Orders of protection, second or subsequent violation, Class D felony Drugs and Medicines - Murder, inclusion of sale of fentanyl Drugs and Medicines - Promoting contraband, fentanyl, penalty enhancement Effective Dates, Delayed - Technical correction removing reference to KRS 512.040, August 1, 2025 Explosives - Terroristic threatening, workplaces and gatherings of 3 or more persons Firearms and Weapons - Confiscated firearms, destruction after auction Firearms and Weapons - Probation and parole, prohibition, crimes committed with illegal firearms Firearms and Weapons - Terroristic threatening, workplaces and gatherings of 3 or more persons Jails and Jailers - Promoting contraband, fentanyl, penalty enhancement Judges and Court Commissioners - Intimidation, harassing communications Juries and Jurors - Intimidation, harassing communications Landlord and Tenant - Monetary amount of damage to qualify for criminal mischief offenses, reduction Landlord and Tenant - Theft by deception of rental property, timing requirement Motor Vehicles - Carjacking, creation of offense Police, State - Confiscated firearms, destruction after auction Probation and Parole - Crimes committed with illegal firearms Probation and Parole - Parole Board, grant of parole, requirement Probation and Parole - Report, offenders who commit new offenses, requirement Probation and Parole - Violence reduction program, participation as a condition of probation or parole Property - Confiscated firearms, destruction after auction Property - Theft by deception of rental property, timing requirement Prosecutors - Intimidation, harassing communications Courts, Family - Orders of protection, second or subsequent violation, Class D felony Public Safety - Terroristic threatening, workplaces and gatherings of 3 or more persons Bail and Pretrial Release - Charitable bail organizations, prohibition, exceptions Bonds of Surety - Charitable bail organizations, prohibition, exceptions Charitable Organizations and Institutions - Charitable bail organizations, restrictions, required reporting Children and Minors - Parent or guardian, attendance at court hearings, requirement Civil Actions - Liability, shopkeepers, limitation Corrections and Correctional Facilities, State - Promoting contraband, fentanyl, penalty enhancement Corrections and Correctional Facilities, State - Report, offenders who commit new offenses, requirement Boards and Commissions - Parole Board, members, removal Reports Mandated - General Assembly, annually, required information from charitable bail organizations Reports Mandated - Justice and Public Safety Cabinet, annual report, information required Public Protection - Violence reduction program, participation as a condition of probation or parole Corrections Impact - Carjacking, creation of offense Local Mandate - Monetary amount of damage to qualify for criminal mischief offenses, reduction |
| Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 House Floor Amendment 7 House Floor Amendment 8 House Floor Amendment 9 House Floor Amendment 10 House Floor Amendment 11 House Floor Amendment 12 House Floor Amendment 13 House Floor Amendment 14 House Floor Amendment 15 House Floor Amendment 16 House Floor Amendment 17 House Floor Amendment 18 House Floor Amendment 19 House Floor Amendment 20 House Floor Amendment 21 House Floor Amendment 22 House Floor Amendment 23 House Floor Amendment 24 House Floor Amendment 25 House Floor Amendment 26 House Floor Amendment 27 Senate Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 Senate Floor Amendment 5 |
| Votes | Vote History |
| Governor's Veto Message | Veto |
| 01/09/24 |
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| 01/18/24 |
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| 01/19/24 |
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| 01/22/24 |
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| 01/23/24 |
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| 01/24/24 |
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| 01/25/24 |
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| 01/26/24 |
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| 02/07/24 |
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| 03/13/24 |
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| 03/14/24 |
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| 03/15/24 |
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| 03/21/24 |
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| 03/25/24 |
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| 03/28/24 |
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| 04/09/24 |
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| 04/12/24 |
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| Amendment | House Committee Substitute 1 |
|---|---|
| Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1 |
| Summary | Retain original provisions, except Sections 29 and 30, KRS 439.320 and 439.330 related to the Parole Board; change definition of "first responder" in Section 25; create a new section of KRS Chapter 520 to create the offense of fleeing or evading police in the third degree; amend KRS 514.030 to lengthen time period for aggregating theft offenses and establish venue; add severability clause. |
| Index Headings |
Courts - Fleeing or evading police in the third degree, creation of offense Courts - Murder of a first responder, creation of offense Crimes and Punishments - Fleeing or evading police in the third degree, creation of offense Crimes and Punishments - Murder of a first responder, creation of offense Crimes and Punishments - Theft by unlawful taking, aggregation Criminal Procedure - Theft by unlawful taking, venue Corrections Impact - Murder of a first responder, creation of offense Local Mandate - Murder of a first responder, creation of offense |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | L. Burke |
| Summary | Remove provisions relating to the offense of unlawful camping; amend various sections to conform. |
| Index Headings |
Civil Procedure - Unlawful camping provisions, deletion Crimes and Punishments - Unlawful camping provisions, deletion Criminal Procedure - Unlawful camping provisions, deletion |
| Amendment | House Floor Amendment 2 |
|---|---|
| Sponsor | R. Roarx |
| Summary | Remove section providing enhanced sentencing for a person convicted for three violent offenses; amend various sections to conform. |
| Index Headings |
Crimes and Punishments - Sentence enhancement for violent felonies, removal Criminal Procedure - Sentence enhancement for violent felonies, removal |
| Amendment | House Floor Amendment 3 |
|---|---|
| Sponsor | R. Roarx |
| Summary | Remove section providing enhanced sentencing for a person convicted for three violent offenses; amend various sections to conform. |
| Index Headings |
Crimes and Punishments - Sentence enhancement for violent felonies, removal Criminal Procedure - Sentence enhancement for violent felonies, removal |
| Amendment | House Floor Amendment 4 |
|---|---|
| Sponsor | J. Petrie |
| Summary | Exempt statutorily created housing programs from limitations on funding. |
| Index Headings |
Housing, Building, and Construction - Statutorily created housing programs, exempt from limitations Local Government - Statutorily created housing programs, exempt from limitations State Agencies - Statutorily created housing programs, exempt from limitations |
| Amendment | House Floor Amendment 5 |
|---|---|
| Sponsor | L. Burke |
| Summary | Remove provisions relating to the offense of unlawful camping; amend various sections to conform. |
| Index Headings |
Crimes and Punishments - Unlawful camping provisions, deletion Criminal Procedure - Unlawful camping provisions, deletion Civil Procedure - Unlawful camping provisions, deletion |
| Amendment | House Floor Amendment 6 |
|---|---|
| Sponsor | R. Roarx |
| Summary | Remove sections relating to criminal mischief; amend various sections to conform. |
| Index Headings |
Crimes and Punishments - Criminal mischief, sections, removal Criminal Procedure - Criminal mischief, sections, removal |
| Amendment | House Floor Amendment 7 |
|---|---|
| Sponsor | R. Roarx |
| Summary | Remove sections relating to criminal mischief; amend various sections to conform. |
| Index Headings |
Crimes and Punishments - Criminal mischief, sections, removal Criminal Procedure - Criminal mischief, sections, removal |
| Amendment | House Floor Amendment 8 |
|---|---|
| Sponsor | K. Herron |
| Summary | Create a new section of KRS Chapter 610 to require that a child not be interrogated without notification being given to the parents; amend KRS 610.200 to require that a parent be notified of how to contact in person a child being held in custody. |
| Index Headings |
Crimes and Punishments - Interrogation of children, requirements Criminal Procedure - Interrogation of children, requirements Children and Minors - Interrogation of children, requirements Civil Rights - Interrogation of children, requirements |
| Amendment | House Floor Amendment 9 |
|---|---|
| Sponsor | K. Herron |
| Summary | Create a new section of KRS Chapter 610 to require that a child not be interrogated without notification being given to the parents; amend KRS 610.200 to require that a parent be notified of how to contact in person a child being held in custody. |
| Index Headings |
Crimes and Punishments - Interrogation of children, requirements Criminal Procedure - Interrogation of children, requirements Children and Minors - Interrogation of children, requirements Civil Rights - Interrogation of children, requirements |
| Amendment | House Floor Amendment 10 |
|---|---|
| Sponsor | K. Herron |
| Summary | Amend KRS 218A.133 to provide that a person who seeks or renders aid to someone experiencing a possible drug overdose or is the person experiencing a possible drug overdose cannot be arrested on a warrant or be subject to revocation of his or her conditions of release if the evidence for the arrest or motion to revoke is obtained as a result of the need for aid for the possible drug overdose; establish that the immunity extends from the time law enforcement or medical personnel respond at the location of a possible overdose until law enforcement or medical personnel leave the scene; exclude certain offenses from immunity; require the Office of Drug Control Policy to conduct an overdose good samaritan education and awareness campaign; appropriate funds in the amount of $500,000 from the opioid abatement trust fund to support the campaign; APPROPRIATION. |
| Index Headings |
Crimes and Punishments - Drug overdose, person seeking help, arrest or probation or parole revocation, prohibition Criminal Procedure - Drug overdose, person seeking help, arrest or probation or parole revocation, prohibition Probation and Parole - Drug overdose, person seeking help, arrest or probation or parole revocation, prohibition Appropriations - Opioid abatement trust fund, appropriation Attorney General - Opioid abatement trust fund, appropriation Budget and Financial Administration - Opioid abatement trust fund, appropriation Opioids - Opioid abatement trust fund, appropriation Substance Abuse - Drug overdose, person seeking help, arrest or probation or parole revocation, prohibition |
| Amendment | House Floor Amendment 11 |
|---|---|
| Sponsor | K. Herron |
| Summary | Amend KRS 218A.133 to provide that a person who seeks or renders aid to someone experiencing a possible drug overdose or is the person experiencing a possible drug overdose cannot be arrested on a warrant or be subject to revocation of his or her conditions of release if the evidence for the arrest or motion to revoke is obtained as a result of the need for aid for the possible drug overdose; establish that the immunity extends from the time law enforcement or medical personnel respond at the location of a possible overdose until law enforcement or medical personnel leave the scene; exclude certain offenses from immunity; require the Office of Drug Control Policy to conduct an overdose good samaritan education and awareness campaign; appropriate funds in the amount of $500,000 from the opioid abatement trust fund to support the campaign; APPROPRIATION. |
| Index Headings |
Crimes and Punishments - Drug overdose, person seeking help, arrest or probation or parole revocation, prohibition Criminal Procedure - Drug overdose, person seeking help, arrest or probation or parole revocation, prohibition Probation and Parole - Drug overdose, person seeking help, arrest or probation or parole revocation, prohibition Appropriations - Opioid abatement trust fund, appropriation Attorney General - Opioid abatement trust fund, appropriation Budget and Financial Administration - Opioid abatement trust fund, appropriation Opioids - Opioid abatement trust fund, appropriation Substance Abuse - Drug overdose, person seeking help, arrest or probation or parole revocation, prohibition |
| Amendment | House Floor Amendment 12 |
|---|---|
| Sponsor | K. Herron |
| Summary | Make title amendment. |
| Index Headings | Title Amendments - HB 5 |
| Amendment | House Floor Amendment 13 |
|---|---|
| Sponsor | S. Maddox |
| Summary | Remove section relating to sale of firearms; amend various sections to conform. |
| Index Headings |
Police, State - Sale of firearms, remove section Criminal Procedure - Sale of firearms, remove section |
| Amendment | House Floor Amendment 14 |
|---|---|
| Sponsor | S. Maddox |
| Summary | Remove section relating to bail organizations; amend various sections to conform. |
| Index Headings |
Bail and Pretrial Release - Bail organizations, remove section Criminal Procedure - Bail organizations, remove section |
| Amendment | House Floor Amendment 15 |
|---|---|
| Sponsor | L. Willner |
| Summary | Amend section relating to involuntary commitment to restore language of original bill. |
| Index Headings |
Mental Health - Involuntary commitment, restore language from original bill Crimes and Punishments - Involuntary commitment, restore language from original bill Criminal Procedure - Involuntary commitment, restore language from original bill |
| Amendment | House Floor Amendment 16 |
|---|---|
| Sponsor | S. Maddox |
| Summary | Delete section 2 and replace with a new section of KRS Chapter 532 to establish that defendants who meet certain criteria are not eligible for probation or parole; amend section relating to carjacking to require that the defendant act without lawful authority; amend section relating to unlawful camping to exempt temporarily sleeping in an automobile; amend section relating to establishment of areas for temporary camping by unsheltered homeless persons to require that each county designate an area; amend section relating to fleeing and evading in the first degree to require physical injury; amend section relating to fleeing or evading in the second degree to require that the law enforcement officer suspect the defendant to have committed a crime. |
| Index Headings |
Crimes and Punishments - Carjacking, require that person act without lawful authority Crimes and Punishments - Fleeing and evading, amend Criminal Procedure - Unlawful camping, exempt sleeping in automobile Probation and Parole - Eligibility, offenses involving a firearm, limit Counties - Establish areas for temporary camping by unsheltered homeless, require |
| Amendment | House Floor Amendment 17 |
|---|---|
| Sponsor | S. Doan |
| Summary | Amend section relating to fleeing and evading in the first degree to require physical injury. |
| Index Headings |
Crimes and Punishments - Fleeing and evading, amend Criminal Procedure - Fleeing and evading, amend |
| Amendment | House Floor Amendment 18 |
|---|---|
| Sponsor | S. Doan |
| Summary | Amend section relating to carjacking to require that the defendant act without lawful authority; amend section relating to unlawful camping to exempt temporarily sleeping in an automobile. |
| Index Headings |
Crimes and Punishments - Carjacking, require that person act without lawful authority Criminal Procedure - Carjacking, require that person act without lawful authority |
| Amendment | House Floor Amendment 19 |
|---|---|
| Sponsor | S. Doan |
| Summary | Delete section 2 and replace with a new section of KRS Chapter 532 to establish that defendants who meet certain criteria are not eligible for probation or parole. |
| Index Headings |
Crimes and Punishments - Eligibility for probation and parole, offenses involving a firearm, limit Criminal Procedure - Eligibility for probation and parole, offenses involving a firearm, limit Probation and Parole - Eligibility, offenses involving a firearm, limit |
| Amendment | House Floor Amendment 20 |
|---|---|
| Sponsor | S. Doan |
| Summary | Amend section relating to unlawful camping to exempt temporarily sleeping in an automobile. |
| Index Headings |
Crimes and Punishments - Unlawful camping, exempt sleeping in automobile Criminal Procedure - Unlawful camping, exempt sleeping in automobile |
| Amendment | House Floor Amendment 21 |
|---|---|
| Sponsor | S. Doan |
| Summary | Amend sections relating to violation of an order of protection to require that subsequent violations, in order to be punishable as Class D felony, be violent. |
| Index Headings |
Crimes and Punishments - Violation of order of protection, enhanced penalty, require violent conduct Criminal Procedure - Violation of order of protection, enhanced penalty, require violent conduct |
| Amendment | House Floor Amendment 22 |
|---|---|
| Sponsor | S. Doan |
| Summary | Amend section relating to establishment of areas for temporary camping by unsheltered homeless persons to require that each county designate an area. |
| Index Headings |
Land Use - Establish areas for temporary camping by unsheltered homeless, require Counties - Establish areas for temporary camping by unsheltered homeless, require |
| Amendment | House Floor Amendment 23 |
|---|---|
| Sponsor | S. Doan |
| Summary | Amend section relating to fleeing or evading in the second degree to require that the law enforcement officer suspect the defendant to have committed a crime. |
| Index Headings |
Crimes and Punishments - Fleeing and evading, amend Criminal Procedure - Fleeing and evading, amend |
| Amendment | House Floor Amendment 24 |
|---|---|
| Sponsor | S. Doan |
| Summary | Delete section 2 and replace with a new section of KRS Chapter 532 to establish that defendants who meet certain criteria are not eligible for probation or parole; amend section relating to carjacking to require that the defendant act without lawful authority; amend section relating to unlawful camping to exempt temporarily sleeping in an automobile; amend section relating to establishment of areas for temporary camping by unsheltered homeless persons to require that each county designate an area; amend sections relating to violation of an order of protection to require that subsequent violations, in order to be punishable as Class D felony, be violent; amend section relating to fleeing and evading in the first degree to require physical injury; amend section relating to fleeing or evading in the second degree to require that the law enforcement officer suspect the defendant to have committed a crime. |
| Index Headings |
Counties - Areas for temporary camping by unsheltered homeless, require Crimes and Punishments - Carjacking, require that person act without lawful authority Crimes and Punishments - Fleeing and evading, amend Crimes and Punishments - Violation of order of protection, enhanced penalty, require violent conduct Criminal Procedure - Unlawful camping, exempt sleeping in automobile Probation and Parole - Eligibility, offenses involving a firearm, limit |
| Amendment | House Floor Amendment 25 |
|---|---|
| Sponsor | F. Rabourn |
| Summary | Delete section 2 and replace with a new section of KRS Chapter 532 to establish that defendants who meet certain criteria are not eligible for probation or parole. |
| Index Headings |
Crimes and Punishments - Eligibility for probation and parole, offenses involving a firearm, limit Criminal Procedure - Eligibility for probation and parole, offenses involving a firearm, limit Probation and Parole - Eligibility, offenses involving a firearm, limit |
| Amendment | House Floor Amendment 26 |
|---|---|
| Sponsor | F. Rabourn |
| Summary | Amend section relating to unlawful camping to exempt temporarily sleeping in an automobile. |
| Index Headings |
Crimes and Punishments - Unlawful camping, exempt sleeping in automobile Criminal Procedure - Unlawful camping, exempt sleeping in automobile |
| Amendment | House Floor Amendment 27 |
|---|---|
| Sponsor | J. Bauman |
| Summary | Delete section 2 and replace with a new section of KRS Chapter 532 to establish that defendants who meet certain criteria are not eligible for probation or parole; amend section relating to carjacking to require that the defendant act without lawful authority; amend section relating to unlawful camping to exempt temporarily sleeping in an automobile; exempt statutorily created housing programs from limitations on funding; amend section relating to involuntary commitment; amend KRS 439.3401 to amend the definition of "violent offender" to include the attempted commission of any offense listed, a felony involving the death of the victim or serious physical injury to a victim, burglary in the first degree as described in KRS 511.020 if a person other than a participant in the crime was present in the building during the commission of the offense, robbery in the second degree as described in KRS 515.030, arson in the first degree, and strangulation in the first degree; provide that a violent offender shall serve at least 85 percent of the sentence imposed before probation, shock probation, parole, conditional discharge, or other form of early release is permitted; provide that a violent offender shall only recieve credit on their sentence for time spent in custody prior to the commencement of the sentence; amend KRS 525.045 to conform; amend sections relating to violation of an order of protection to require that subsequent violations, in order to be punishable as Class D felony, be intentional, in-person violations; amend section relating to notfication required by school personnel to make uniform; delete section relating to murder; amend KRS 218.133 to conform with provisions of the bill; limit application of new requirements for issuance of identifying documents, based on availability of funds; clarify civil liability in shopkeeper's statute. |
| Index Headings |
Crimes and Punishments - Eligibility for probation and parole, offenses involving a firearm, limit Crimes and Punishments - Carjacking, require that person act without lawful authority Crimes and Punishments - Unlawful camping, exempt sleeping in automobile Crimes and Punishments - Involuntary commitment, restore language from original bill Crimes and Punishments - Violent offender, arson offenses Crimes and Punishments - Violent offender, attempted commission of violent offense Crimes and Punishments - Violent offender, burglary offenses Crimes and Punishments - Violent offender, felony that causes death or serious physical injury Crimes and Punishments - Violent offender, strangulation in the first degree Crimes and Punishments - Violation of order of protection, enhanced penalty, require violent conduct Criminal Procedure - Eligibility for probation and parole, offenses involving a firearm, limit Criminal Procedure - Carjacking, require that person act without lawful authority Criminal Procedure - Unlawful camping, exempt sleeping in automobile Criminal Procedure - Involuntary commitment, restore language from original bill Criminal Procedure - Violent offender, arson offenses Criminal Procedure - Violent offender, attempted commission of violent offense Criminal Procedure - Violent offender, burglary offenses Criminal Procedure - Violent offender, felony that causes death or serious physical inury Criminal Procedure - Violent offender, strangulation in the first degree Criminal Procedure - Violation of order of protection, enhanced penalty, require violent conduct Probation and Parole - Eligibility, offenses involving a firearm, limit Housing, Building, and Construction - Statutorily created housing programs, exempt from limitations Local Government - Statutorily created housing programs, exempt from limitations State Agencies - Statutorily created housing programs, exempt from limitations Mental Health - Involuntary commitment, restore language from original bill |
| 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, except remove sections relating to violation of a protective order; amend KRS 429.320 and 429.330 relating to the parole board; create a new section of KRS Chapter 15A to require a local juvenile restorative justice advisory committee in each county or judicial district; establish membership and duties; make technical corrections. |
| Index Headings |
Crimes and Punishments - Local juvenile restorative justice advisory committee, requirement Crimes and Punishments - Violation of a protective order, removal from bill Criminal Procedure - Local juvenile restorative justice advisory committee, requirement Criminal Procedure - Violation of a protective order, removal from bill Children and Minors - Local juvenile restorative justice advisory committee, requirement Technical Corrections - SCS 1 to HB 5 Corrections Impact - Murder of a first, creation of offense Local Mandate - Local juvenile restorative justice advisory committee, requirement |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | W. Westerfield |
| Summary | Amend KRS 16.220 to require destruction of weapons used in a homicide at request of the family of a victim. |
| Index Headings |
Crimes and Punishments - Destruction of confiscated firearms used in a homicide, require upon request of victim's family Firearms and Weapons - Destruction of confiscated firearms used in a homicide, require upon request of victim's family Police, State - Destruction of confiscated firearms used in a homicide, require upon request of victim's family |
| Amendment | Senate Floor Amendment 2 |
|---|---|
| Sponsor | W. Westerfield |
| Summary | Delete section creating the offense of fleeing or evading in the third degree; amend KRS 520.095 and 520.100 to provide elevated penalties with certain aggravating circumstances. |
| Index Headings |
Crimes and Punishments - Fleeing or evading, aggravated Police, City and County - Fleeing or evading, aggravated Police, State - Fleeing or evading, aggravated |
| Amendment | Senate Floor Amendment 3 |
|---|---|
| Sponsor | W. Westerfield |
| Summary | Amend KRS 431.3401 to include additional offenses. |
| Index Headings |
Crimes and Punishments - Violent offender, add qualifying offenses Criminal Procedure - Violent offender, add qualifying offenses Probation and Parole - Violent offender, add qualifying offenses |
| Amendment | Senate Floor Amendment 4 |
|---|---|
| Sponsor | W. Westerfield |
| Summary | Amend new section of KRS Chapter 511 to include requirement that law enforcement officers provide referrals to homeless shelters, mental health resources, and to the pilot program stablished under KRS 533.272. |
| Index Headings |
Crimes and Punishments - Law enforcement referrals to services, require Mental Health - Law enforcement referrals to services, require Public Health - Law enforcement referrals to services, require |
| Amendment | Senate Floor Amendment 5 |
|---|---|
| Sponsor | W. Westerfield |
| Summary | Amend new section of KRS Chapter 511 to require law enforcement to inform the person of, and offer trtansportation to, a homeless shelter or other lawful place. |
| Index Headings |
Crimes and Punishments - Notification of homeless shelter or other lawful place, require Police, City and County - Notification of homeless shelter or other lawful place, require Police, State - Notification of homeless shelter or other lawful place, require |
Last updated: 9/26/2024 1:37 PM (EDT)