Last Action | 04/05/24: signed by Governor |
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Title | AN ACT relating to the protection of children. |
Bill Documents |
Current/Final
Introduced |
Fiscal Impact Statements |
Corrections Impact
Local Mandate Additional Fiscal Impact Statements Exist |
Bill Request Number | 868 |
Sponsors | M. Lockett, D. Fister, S. Baker, J. Bauman, S. Bratcher, E. Callaway, J. Decker, S. Doan, R. Duvall, D. Elliott, C. Fugate, D. Hale, M. Hart, J. Hodgson, M. Imes, K. King, C. Massaroni, R. Palumbo, S. Rawlings, W. Thomas, T. Truett, R. White |
Summary of Original Version | Amend KRS 15A.190 to require the Justice and Public Safety Cabinet to include crimes involving childhood sexual assault or abuse in the JC-3 form; amend KRS 17.500 to include distribution of matter portraying a sexual performance by a minor in the definition of "sex crime"; amend KRS 413.249 to remove the statute of limitations for civil actions arising from childhood sexual assault or abuse; require every civil action arising from childhood sexual assault or abuse to be accompanied by a motion to seal the record; amend KRS 439.3401 to include possession or viewing of matter portraying a sexual performance by a minor and distribution of matter portraying a sexual performance by a minor in the definition of "violent offender"; amend KRS 510.060 to enhance the penalty to a Class C felony if the person is in a position of authority or position of special trust and the victim is under 12 years old; amend KRS 510.090 to enhance the penalty to a Class C felony if the person is in a position of authority or position of special trust and the victim is under 12 years old; amend KRS 510.155 to enhance the penalty of unlawful use of electronic means to induce a minor to a Class C felony; enhance the penalty to a Class B felony if the minor or perceived minor is under 12 years old, the offender is a person is in a position of authority or position of special trust, the offender is a registered sex offender, or a person travels into the Commonwealth for the purpose of procuring or promoting the use of a minor; amend KRS 529.100 to enhance the penalty for human trafficking to a Class B felony, unless the victim is a minor, in which case it is a Class A felony; amend KRS 529.110 to enhance the penalty for promoting human trafficking to a Class C felony unless the victim is a minor, in which case it is a Class B felony; amend KRS 531.010 to include computer-generated image, picture, or motion picture in the definition of "matter"; make technical corrections; amend KRS 531.300 to define "child sex doll" and "traffic"; create new sections of KRS 531.310 to 531.370 to prohibit the possession, trafficking, importing, and advancing of a child sex doll; amend KRS 531.340 to enhance the penalty for distribution of matter portraying a sexual performance by a minor to a Class C felony if the victim is under 18 years old and a Class B felony if the victim is under 12 years old; amend KRS 532.060 to require a person who has been convicted of a violation of KRS 529.100, 529.110, 531.320, 531.335, or 531.340 to serve five years of postincarceration supervision; amend KRS 532.200 to redefine "violent felony offense" as an offense that would classify a person as a violent offender under KRS 439.3401; make technical corrections. |
Index Headings of Original Version |
Crimes and Punishments - Child sex dolls, prohibition Crimes and Punishments - Human trafficking, penalty enhancement Crimes and Punishments - Promoting human trafficking, penalty enhancement Crimes and Punishments - Rape in the third degree, position of authority or special trust, victim under 12, Class C felony Crimes and Punishments - Sexual offenses, procuring minors through communications systems, penalty enhancement Crimes and Punishments - Sodomy in the third degree, position of authority or special trust, victim under 12, Class C felony Crimes and Punishments - Violent offender, conviction for child pornography offense Crimes and Punishments - Postincarceration supervision, conviction for child pornography offenses Criminal Procedure - Child sex dolls, prohibition Criminal Procedure - Human trafficking, penalty enhancement Criminal Procedure - Postincarceration supervision, conviction for child pornography offenses Criminal Procedure - Promoting human trafficking, penalty enhancement Criminal Procedure - Rape in the third degree, position of authority or special trust, victim under 12, Class C felony Criminal Procedure - Sexual offenses, procuring minors through communications systems, penalty enhancement Criminal Procedure - Sodomy in the third degree, position of authority or special trust, victim under 12, Class C felony Criminal Procedure - Violent offender, conviction for child pornography offense Probation and Parole - Postincarceration supervision, conviction for child pornography offenses State Agencies - Justice and Public Safety Cabinet, updated JC-3 form Children and Minors - Postincarceration supervision, conviction for child pornography offenses Children and Minors - Statute of limitations, civil actions, childhood sexual assault or abuse Children and Minors - Child pornography, distribution, sex crime, sex offender registration Civil Actions - Statute of limitations, childhood sexual assault or abuse Corrections Impact - Sexual offenses Local Mandate - Sexual offenses |
Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 |
Votes | Vote History |
01/16/24 |
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02/06/24 |
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02/14/24 |
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02/15/24 |
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02/21/24 |
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02/26/24 |
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02/27/24 |
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03/08/24 |
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03/21/24 |
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03/22/24 |
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03/25/24 |
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03/26/24 |
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03/27/24 |
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03/28/24 |
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04/05/24 |
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Amendment | House Committee Substitute 1 |
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Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1 |
Summary | Retain original provisions, except remove KRS 17.500, 439.3401, 531.010, and 531.300 in their entirety; remove new sections of KRS 531.310 to 531.370 prohibiting the possession, trafficking, importing, and advancing of a child sex doll; amend KRS 160.380 to provide that a superintendent shall not employ any person who has been convicted of an offense that would classify the person as a violent offender, a sex crime, a misdemeanor offense under KRS Chapter 510, or who is required to register as a sex offender; make technical corrections; amend KRS 510.050 and 510.080 to provide an enhanced penalty when the defendant is a person in a position of authority or position of special trust; amend KRS 510.155 to provide enhanced penalties when the child procured or promoted is for human trafficking where the offense involves commercial sexual activity; amend KRS 531.340 to provide that any person convicted of distribution of matter portraying a sexual performance by a minor shall not be released on probation or parole until he or she serves 85 percent of the sentence imposed. |
Index Headings |
Criminal Procedure - Rape, person in position of authority or special trust, enhanced penalty Criminal Procedure - Sodomy, person in position of authority or special trust, enhanced penalty Education, Elementary and Secondary - Misdemeanor sex crimes, hiring by school superintendent, prohibition Education, Elementary and Secondary - Sex offender, hiring by school superintendent, prohibition Technical Corrections - HB 278/HCS 1 Corrections Impact - Sex crimes, penalties Local Mandate - Sex crimes, penalties Crimes and Punishments - Communications system to procure a minor for prohibited activities, enhanced penalties Crimes and Punishments - Distribution of matter portraying a sexual performance by a minor, parole eligibility Crimes and Punishments - Rape, person in position of authority or special trust, enhanced penalty Crimes and Punishments - Sodomy, person in position of authority or special trust, enhanced penalty Criminal Procedure - Communications system to procure a minor for prohibited activities, enhanced penalties Criminal Procedure - Distribution of matter portraying a sexual performance by a minor, parole eligibility |
Amendment | Senate Floor Amendment 1 |
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Sponsor | J. Turner |
Summary | Retain original provisions, except amend KRS 413.249 to provide that a civil action arising from childhood sexual assault or abuse shall be brought within 10 years of the victim attaining the age of 18 years. |
Index Headings |
Children and Minors - Statute of limitations, civil actions, childhood sexual assault or abuse Civil Actions - Statute of limitations, childhood sexual assault or abuse |
Amendment | Senate Floor Amendment 2 |
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Sponsor | G. Williams |
Summary | Retain original provisions except , new sections of KRS Chapter 436 to declare legislative findings relating to pornography; define terms; establish a civil cause of action against any commercial entity that publishes matter harmful to minors on the internet without obtaining age verification; require removal of personal data following review for access; establish civil causes of action for violations; establish limitations on applicability and liability. |
Index Headings |
Obscenity and Pornography - Age verification requirement, denial of access, minors Children and Minors - Internet pornography and obscenity, age verification requirement, denial of access Civil Actions - Age verification of minors, damages for violation Civil Actions - Retention of personal information, damages for violation Civil Procedure - Age verification of minors, damages for violation Civil Procedure - Retention of personal information, damages for violation |
Amendment | Senate Floor Amendment 3 |
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Sponsor | G. Williams |
Summary | Retain original provisions except, create new sections of KRS Chapter 436 to declare legislative findings relating to pornography; define terms; establish a civil cause of action against any commercial entity that publishes matter harmful to minors on the internet without obtaining age verification; require removal of personal data following review for access; establish civil causes of action for violations; establish limitations on applicability and liability. |
Index Headings |
Obscenity and Pornography - Age verification requirement, denial of access, minors Children and Minors - Internet pornography and obscenity, age verification requirement, denial of access Civil Actions - Age verification of minors, damages for violation Civil Actions - Retention of personal information, damages for violation Civil Procedure - Age verification of minors, damages for violation Civil Procedure - Retention of personal information, damages for violation |
Last updated: 4/22/2024 3:57 PM (EDT)