House Bill 38

Actions | Amendments
Last Action 03/12/25: to Rules (H)
Title AN ACT relating to orders of protection.
Bill Documents Current
Introduced
Fiscal Impact Statements Corrections Impact
Fiscal Note
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 58
Sponsor J. Tipton
Summary of Original Version Amend KRS 403.763 and 456.180 to enhance criminal penalties for repeated violations of an order of protection; establish what constitutes a repeated violation.
Index Headings of Original Version Crime Victims - Orders of protection, third violation, penalty, enhancement
Crimes and Punishments - Penalty enhancement, orders of protection, third violation, establishment
Criminal Procedure - Orders of protection, third violation, penalty, enhancement
Domestic Relations - Orders of protection, third violation, penalty, enhancement
Local Mandate - Orders of protection, third violation, penalty, enhancement
Corrections Impact - Orders of protection, third violation, penalty, enhancement
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
Senate Committee Substitute 1 with Fiscal Impact Statements
Senate Floor Amendment 1
Votes Vote History

Actions

Top | Amendments
01/07/25
  • introduced in House
  • to Committee on Committees (H)
02/04/25
  • to Judiciary (H)
02/12/25
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/13/25
  • 2nd reading, to Rules
02/14/25
  • posted for passage in the Regular Orders of the Day for Tuesday, February 18, 2025
02/18/25
  • 3rd reading, passed 92-0 with Committee Substitute (1)
02/19/25
  • received in Senate
  • to Committee on Committees (S)
02/21/25
  • to Judiciary (S)
03/06/25
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
03/07/25
  • 2nd reading, to Rules
03/11/25
  • posted for passage in the Regular Orders of the Day for Wednesday, March 12, 2025
03/12/25
  • 3rd reading, passed 38-0 with Committee Substitute (1) and Floor Amendment (1)
  • received in House
  • to Rules (H)

Proposed Amendments

Top | Actions
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, require that the third or subsequent conviction of a violation of an order of protection under KRS 403.763 or 456.180 to be a Class D felony only if the third or subsequent violation involves the use or attempted use of physical force or threat of physical harm, and the victim of each offense is the same person.
Index Headings Crime Victims - Orders of protection, third violation, penalty, enhancement
Crimes and Punishments - Penalty enhancement, orders of protection, third violation, establishment
Criminal Procedure - Orders of protection, third violation, penalty, enhancement
Domestic Relations - Orders of protection, third violation, penalty, enhancement

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 403.735, relating to continuance of an emergency protective order, to allow the petitioner to be excused from future court appearances until the respondent has been served; amend KRS 456.050, relating to continuance of an interpersonal protective order, to allow the petitioner to be excused from future court appearances until the respondent has been served.
Index Headings Corrections Impact - Protective orders, continuance, court proceedings, excusal of petitioner
Local Mandate - Protective orders, continuance, court proceedings, excusal of petitioner
Crime Victims - Protective orders, continuance, court proceedings, excusal of petitioner
Domestic Relations - Protective orders, continuance, court proceedings, excusal of petitioner
Courts, Family - Protective orders, continuance, court proceedings, excusal of petitioner
Civil Actions - Protective orders, continuance, court proceedings, excusal of petitioner
Civil Procedure - Protective orders, continuance, court proceedings, excusal of petitioner

Amendment Senate Floor Amendment 1
Sponsor B. Storm
Summary Retain original provisions; establish that a violation of an order of protection under KRS 403.763(4)(a), 456.180(4)(a), 508.155, or 510.037 shall provide a basis for the enhanced penalty for a third violation; remove the requirement that the protected person in a third or subsequent violation is the same protected person.
Index Headings Crime Victims - Orders of protection, included violations, penalty, enhancement
Crime Victims - Orders of protection, penalty enhancement, same protected person requirement, removal
Crimes and Punishments - Penalty enhancement, orders of protection, included violations, establishment
Crimes and Punishments - Penalty enhancement, orders of protection, same protected person requirement, removal
Criminal Procedure - Orders of protection, included violations, penalty, enhancement
Criminal Procedure - Penalty enhancement, orders of protection, same protected person requirement, removal
Domestic Relations - Orders of protection, included violations, penalty, enhancement
Domestic Relations - Orders of protection, penalty enhancement, same protected person requirement, removal

Last updated: 3/13/2025 1:08 AM (EDT)