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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "violent felony" means a felony that would classify a 5
person as a violent offender under Section 32 of this Act. 6
(2) Notwithstanding any other provision of this chapter, a person convicted of a 7
violent felony who has previously been convicted of two (2) separate violent 8
felonies shall be sentenced to: 9
(a) A term of imprisonment for life without benefit of probation or parole, if the 10
felony is not a capital offense; or 11
(b) Death, or a term of imprisonment for life without benefit of probation or 12
parole, if the felony is a capital offense. 13
(3) For the purpose of determining whether a person has two (2) or more separate 14
violent felony convictions, two (2) or more convictions for which the person 15
served concurrent or uninterrupted consecutive terms of imprisonment shall be 16
deemed to be only one (1) conviction, unless one (1) of the convictions was for an 17
offense committed while that person was imprisoned. 18
SECTION 2. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO 19
READ AS FOLLOWS: 20
Notwithstanding any other provision of this chapter, or Section 32 of this Act, a person 21
shall not be eligible for probation, parole, conditional discharge, conditional release, or 22
any other form of release prior to the completion of his or her sentence if, in the 23
commission of the offense, he or she utilized a firearm in furtherance of the crime, 24
and: 25
(1) Was previously convicted of a felony; 26
(2) Knew or should have known that the firearm was stolen; or 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(3) Was on probation, parole, conditional discharge, conditional release, or any 1
other form of release after conviction of a violent felony offense as defined in 2
KRS 532.200. 3
Section 3. KRS 610.070 is amended to read as follows: 4
(1) All cases involving children brought before the court whose cases are under the 5
jurisdiction of the court shall be granted a speedy hearing and shall be dealt with by 6
the court without a jury. 7
(2) The hearings shall be conducted in a formal manner, unless specified to the contrary 8
by other provisions of KRS Chapters 600 to 645. 9
(3) The general public shall be excluded and only the immediate families or guardians 10
of the parties before the court, witnesses necessary for the prosecution and defense 11
of the case, the probation worker with direct interest in the case, a representative 12
from the Department of Juvenile Justice, the victim, his or her parent or legal 13
guardian, or if emancipated, his or her spouse, or a legal representative of either, 14
such persons admitted as the judge shall find have a direct interest in the case or in 15
the work of the court, and such other persons as agreed to by the child and his or 16
her attorney may be admitted to the hearing. A parent, legal guardian, or spouse if a 17
witness shall be admitted to the hearing only during and after his or her testimony 18
at the hearing, and witnesses shall be admitted to the hearing only for the duration 19
of their testimony. The court may order the exclusion of a parent, legal guardian, or 20
spouse, if it is shown to the satisfaction of the court that the parent, legal guardian, 21
or spouse may physically disrupt the proceedings or may do violence to any 22
participant therein. The mere presence of a parent, legal guardian, or spouse shall 23
not be deemed to be a disruption of the proceedings merely because their presence 24
may make the defendant uncomfortable; the court shall find a potential for actual 25
physical disruption of the proceedings before an exclusion may be granted for this 26
reason. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(4) The court shall[may] order at least one (1) parent, guardian, or person[the 1
parents, guardians, or persons] exercising custodial control over the child to be 2
present at any hearing or other proceeding involving the child. The court shall 3
make accommodations necessary to allow the person to attend, including but not 4
limited to allowing remote attendance or holding hearings outside the court's 5
normal operating hours. 6
SECTION 4. A NEW SECTION OF KRS CHAPTER 610 IS CREATED TO 7
READ AS FOLLOWS: 8
(1) At any hearing or other proceeding under KRS Chapters 630 to 645, at least one 9
(1) person ordered by the court, pursuant to subsection (4) of Section 3 of this 10
Act, to attend hearings or proceedings involving the child shall be present. The 11
court shall make reasonable accommodations to allow the person to attend. 12
(2) A person who has been excluded from a hearing pursuant to subsection (3) of 13
Section 3 of this Act and has not subsequently been ordered by the court to be 14
present at future proceedings shall not be charged under this section. 15
(3) If a violation of subsection (1) of this section occurs, any parent, guardian, or 16
other person who was ordered, pursuant to subsection (4) of Section 3 of this Act, 17
to attend hearings or proceedings involving the child shall be fined not more than 18
five hundred dollars ($500) or ordered to participate in up to forty (40) hours of 19
community service. 20
Section 5. KRS 507.030 is amended to read as follows: 21
(1) A person is guilty of manslaughter in the first degree when: 22
(a) With intent to cause serious physical injury to another person, he or she 23
causes the death of such person or of a third person; 24
(b) With intent to cause the death of another person, he or she causes the death of 25
such person or of a third person under circumstances which do not constitute 26
murder because he or she acts under the influence of extreme emotional 27 UNOFFICIAL COPY 24 RS HB 5/VO
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disturbance, as defined in subsection (1)(a) of KRS 507.020; [or] 1
(c) Through circumstances not otherwise constituting the offense of murder, he or 2
she intentionally abuses another person or knowingly permits another person 3
of whom he or she has actual custody to be abused and thereby causes death 4
to a person twelve (12) years of age or less, or who is physically helpless or 5
mentally helpless; or 6
(d) He or she knowingly sells fentanyl or a fentanyl derivative to another 7
person, and the injection, ingestion, inhalation, or other introduction of the 8
fentanyl or fentanyl derivative causes the death of the person. 9
(2) Manslaughter in the first degree is a Class B felony. 10
Section 6. KRS 507.040 is amended to read as follows: 11
(1) A person is guilty of manslaughter in the second degree when he or she wantonly 12
causes the death of another person, including but not limited to situations where the 13
death results from the person's: 14
(a) Operation of a motor vehicle; 15
(b) Leaving a child under the age of eight (8) years in a motor vehicle under 16
circumstances which manifest an extreme indifference to human life and 17
which create a grave risk of death to the child, thereby causing the death of 18
the child; [or] 19
(c) Unlawful distribution for remuneration of a Schedule I or II controlled 20
substance when the controlled substance is the proximate cause of death; or 21
(d) Knowing distribution of fentanyl or a fentanyl derivative to another person 22
without remuneration, and the injection, ingestion, inhalation, or other 23
introduction of the fentanyl or fentanyl derivative causes the death of the 24
person. 25
(2) Manslaughter in the second degree is a Class C felony. 26
Section 7. KRS 218A.133 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(1) As used in this section: 1
(a) "Drug overdose" means an acute condition of physical illness, coma, mania, 2
hysteria, seizure, cardiac arrest, cessation of breathing, or death which 3
reasonably appears to be the result of consumption or use of a controlled 4
substance, or another substance with which a controlled substance was 5
combined, and that a layperson would reasonably believe requires medical 6
assistance; and 7
(b) "Good faith" does not include seeking medical assistance during the course of 8
the execution of an arrest warrant, or search warrant, or a lawful search. 9
(2) A person shall not be charged with or prosecuted for a criminal offense prohibiting 10
the possession of a controlled substance or the possession of drug paraphernalia, for 11
a violation of subsection (1)(d) of Section 5 of this Act or subsection (1)(d) of 12
Section 6 of this Act, or for an offense punishable under subsection (3)(c) of 13
Section 8 of this Act if: 14
(a) In good faith, medical assistance with a drug overdose is sought from a public 15
safety answering point, emergency medical services, a law enforcement 16
officer, or a health practitioner because the person: 17
1. Requests emergency medical assistance for himself or herself or another 18
person; 19
2. Acts in concert with another person who requests emergency medical 20
assistance; or 21
3. Appears to be in need of emergency medical assistance and is the 22
individual for whom the request was made; 23
(b) The person remains with, or is, the individual who appears to be experiencing 24
a drug overdose until the requested assistance is provided; and 25
(c) The evidence for the charge or prosecution is obtained as a result of the drug 26
overdose and the need for medical assistance. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(3) The provisions of subsection (2) of this section shall not extend to the investigation 1
and prosecution of any other crimes committed by a person who otherwise qualifies 2
under this section. 3
(4) When contact information is available for the person who requested emergency 4
medical assistance, it shall be reported to the local health department. Health 5
department personnel shall make contact with the person who requested emergency 6
medical assistance in order to offer referrals regarding substance abuse treatment, if 7
appropriate. 8
(5) A law enforcement officer who makes an arrest in contravention of this section 9
shall not be criminally or civilly liable for false arrest or false imprisonment if the 10
arrest was based on probable cause. 11
Section 8. KRS 218A.1412 is amended to read as follows: 12
(1) A person is guilty of trafficking in a controlled substance in the first degree when 13
he or she knowingly and unlawfully traffics in: 14
(a) Four (4) grams or more of cocaine; 15
(b) Two (2) grams or more of methamphetamine; 16
(c) Ten (10) or more dosage units of a controlled substance that is classified in 17
Schedules I or II and is a narcotic drug, or a controlled substance analogue; 18
(d) Any quantity of heroin, fentanyl, carfentanil, or fentanyl derivatives; lysergic 19
acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), 20
including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, 21
including its salts, isomers, and salts of isomers; or 22
(e) Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of 23
this subsection in an amount less than the amounts specified in those 24
paragraphs. 25
(2) The amounts specified in subsection (1) of this section may occur in a single 26
transaction or may occur in a series of transactions over a period of time not to 27 UNOFFICIAL COPY 24 RS HB 5/VO
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exceed ninety (90) days that cumulatively result in the quantities specified in this 1
section. 2
(3) (a) Any person who violates the provisions of subsection (1)(a), (b), (c), or (d) of 3
this section shall be guilty of a Class C felony for the first offense and a Class 4
B felony for a second or subsequent offense. 5
(b) Any person who violates the provisions of subsection (1)(e) of this section 6
shall be guilty of a Class D felony for the first offense and a Class C felony 7
for a second or subsequent offense. 8
(c) If the substance is fentanyl or a fentanyl derivative, and the injection, 9
ingestion, inhalation, or other introduction of the fentanyl or fentanyl 10
derivative causes the death of a person, the penalty for the offense shall be 11
one (1) level higher than the level otherwise specified in this section. 12
(d) Any person convicted of a Class C felony offense or higher under this section 13
shall not be released on probation, shock probation, parole, conditional 14
discharge, or other form of early release until he or she has served at least fifty 15
percent (50%) of the sentence imposed in cases where the trafficked substance 16
was heroin, fentanyl, carfentanil, or fentanyl derivatives. 17
SECTION 9. A NEW SECTION OF KRS CHAPTER 515 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) A person is guilty of carjacking when he or she takes a motor vehicle in the 20
possession of another without lawful authority or ownership, from the possessor's 21
person or immediate presence, or from the person or immediate presence of a 22
passenger of the motor vehicle, against the possessor's or passenger's will and 23
with the intent to either permanently or temporarily deprive the possessor of the 24
motor vehicle of his or her possession, accomplished by means of force or 25
intimidation. 26
(2) Carjacking is a Class B felony. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(3) A person shall not be convicted of a violation of this section and a violation of 1
KRS 515.020 or KRS Chapter 514 arising from the same act. 2
Section 10. KRS 512.020 is amended to read as follows: 3
(1) A person is guilty of criminal mischief in the first degree when, having no right to 4
do so or any reasonable ground to believe that he or she has such right, he or she 5
intentionally or wantonly: 6
(a) Defaces, destroys, or damages any property causing pecuniary loss of five 7
hundred dollars ($500)[one thousand dollars ($1,000)] or more; 8
(b) Tampers with the operations of a key infrastructure asset, as defined in KRS 9
511.100, in a manner that renders the operations harmful or dangerous; or 10
(c) As a tenant, intentionally or wantonly defaces, destroys, or damages 11
residential rental property causing pecuniary loss of five hundred dollars 12
($500)[one thousand dollars ($1,000)] or more. 13
(2) Criminal mischief in the first degree is a Class D felony, unless: 14
(a) The offense occurs during a declared emergency as defined by KRS 39A.020 15
arising from a natural or man-made disaster, within the area covered by the 16
emergency declaration, and within the area impacted by the disaster, in which 17
case it is a Class C felony; 18
(b) For the first offense, if the defendant at any time prior to trial effects repair 19
or replacement of the defaced, destroyed, or damaged property, makes 20
complete restitution in the amount of the damage, or performs community 21
service as required by the court, in which case it is a Class B misdemeanor. 22
The court shall determine the number of hours of community service 23
commensurate with the total amount of monetary damage caused by or 24
incidental to the commission of the crime, of not less than sixty (60) hours; 25
or 26
(c) For the second or subsequent offense, if the defendant at any time prior to 27 UNOFFICIAL COPY 24 RS HB 5/VO
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trial effects repair or replacement of the defaced, destroyed, or damaged 1
property, makes complete restitution in the amount of the damage, or 2
performs community service as required by the court, in which case it is a 3
Class A misdemeanor. The court shall determine the number of hours of 4
community service commensurate with the total amount of monetary 5
damage caused by or incidental to the commission of the crime, of not less 6
than sixty (60) hours. 7
Section 11. KRS 512.030 is amended to read as follows: 8
(1) A person is guilty of criminal mischief in the second degree when, having no right 9
to do so or any reasonable ground to believe that he or she has such right, he or she: 10
(a) Intentionally or wantonly defaces, destroys, or damages any property causing 11
pecuniary loss of [five hundred dollars ($500) or more but ]less than five 12
hundred dollars ($500)[one thousand dollars ($1,000)]; or 13
(b) As a tenant, intentionally or wantonly defaces, destroys, or damages 14
residential rental property causing pecuniary loss of [five hundred dollars 15
($500) or more but ]less than five hundred dollars ($500)[one thousand 16
dollars ($1,000)]. 17
(2) Criminal mischief in the second degree is a Class A misdemeanor, unless: 18
(a) The offense occurs during a declared emergency as defined by KRS 39A.020 19
arising from a natural or man-made disaster, within the area covered by the 20
emergency declaration, and within the area impacted by the disaster, in which 21
case it is a Class D felony; or 22
(b) The defendant at any time prior to trial effects repair or replacement of the 23
defaced, destroyed, or damaged property, makes complete restitution in the 24
amount of the damage, or performs community service as required by the 25
court, in which case it is a Class B misdemeanor. The court shall determine 26
the number of hours of community service commensurate with the total 27 UNOFFICIAL COPY 24 RS HB 5/VO
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amount of monetary damage caused by or incidental to the commission of 1
the crime, of not less than fifteen (15) hours. 2
Section 12. KRS 149.410 is amended to read as follows: 3
The Commonwealth's attorney or county attorney shall initiate and prosecute appropriate 4
abatement proceedings by injunction or otherwise, for the prevention or correction of any 5
condition constituting or threatening to constitute a violation of KRS 149.360 to 149.430. 6
The institution or pendency of a proceeding pursuant to this section shall not bar the 7
imposition of any penalties or the securing of any other relief provided by KRS 149.360 8
to 149.430, 149.991, 277.990, 512.020, or Section 11 of this Act[ to 512.040], or 9
administrative regulations promulgated thereunder. 10
Section 13. KRS 506.160 is amended to read as follows: 11
(1) If a defendant is alleged by the prosecuting attorney to have been a member of a 12
criminal gang as defined in KRS 506.135, at the time of the commission of the 13
offense, upon conviction of the offense there shall be a separate proceeding from 14
that proceeding which resulted in the defendant's conviction if the defendant was 15
convicted of: 16
(a) Assault in the fourth degree under KRS 508.030; 17
(b) Menacing under KRS 508.050; 18
(c) Wanton endangerment in the second degree under KRS 508.070; 19
(d) Terroristic threatening in the third degree under KRS 508.080; 20
(e) Stalking in the second degree under KRS 508.150; 21
(f) Unlawful imprisonment in the second degree under KRS 509.030; 22
(g) Criminal coercion under KRS 509.080; 23
(h) Criminal mischief in the second degree under KRS 512.030; 24
(i) [Criminal mischief in the third degree under KRS 512.040; 25
(j) ]Obstructing governmental operations under KRS 519.020; 26
(j)[(k)] Resisting arrest under KRS 520.090; 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(k)[(l)] Riot in the second degree under KRS 525.030; 1
(l)[(m)] Inciting to riot under KRS 525.040; 2
(m)[(n)] Harassment under KRS 525.070; 3
(n)[(o)] Harassing communications under KRS 525.080; 4
(o)[(p)] The misdemeanor offense of carrying a concealed deadly weapon in 5
violation of KRS 527.020; or 6
(p)[(q)] Possession of a handgun by a minor as a first offense under KRS 7
527.100. 8
(2) The proceeding described in subsection (1) of this section shall be conducted before 9
the court sitting with the jury that found the defendant guilty of the offense unless 10
the court for good cause discharges that jury and impanels a new jury for that 11
purpose. If the jury determines beyond a reasonable doubt that the defendant is or 12
was a member of a criminal gang, acting for the purpose of benefitting, promoting, 13
or furthering the interest of a criminal gang at the time he or she committed the 14
offense, he or she shall not be released for a minimum of seventy-six (76) to ninety 15
(90) days of the sentence imposed if the offense he or she is convicted of is 16
classified as a Class B misdemeanor, or for a minimum of three hundred eleven 17
(311) to three hundred sixty-five (365) days if the offense he or she is convicted of 18
is classified as a Class A misdemeanor. 19
(3) This section shall not apply to a juvenile unless he or she has been transferred to 20
Circuit Court as a youthful offender pursuant to KRS 640.010 and has on at least 21
one (1) prior separate occasion been adjudicated a public offender for a felony 22
offense. 23
Section 14. KRS 525.220 is amended to read as follows: 24
No person shall be convicted of assault on a service animal when he or she has: 25
(1) [He has ]Also been convicted of a violation of KRS 525.125, 525.130, 512.020, or 26
512.030[, or 512.040] arising out of the same incident;[ or] 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(2) [He has ]Destroyed or treated a service animal that is injured, diseased, or suffering 1
or that constitutes a hazard to public safety if not destroyed;[ or] 2
(3) [He has ]Used physical force against the service animal in protection of himself, 3
herself, or a third person; or 4
(4) [He has ]Used physical force without knowledge that the animal was a service 5
animal. 6
Section 15. KRS 520.050 is amended to read as follows: 7
(1) A person is guilty of promoting contraband in the first degree when: 8
(a) He or she knowingly introduces dangerous contraband into a detention 9
facility or a penitentiary; or 10
(b) Being a person confined in a detention facility or a penitentiary, he or she 11
knowingly makes, obtains, or possesses dangerous contraband. 12
(2) Promoting contraband in the first degree is a Class D felony, unless the dangerous 13
contraband is fentanyl, carfentanil, or a fentanyl derivative, in which case it is a 14
Class C felony. 15
Section 16. KRS 16.220 is amended to read as follows: 16
(1) Subject to the duty to return confiscated firearms to innocent owners pursuant to 17
KRS 500.090, all firearms confiscated by the Department of Kentucky State Police 18
and not retained for official use pursuant to KRS 500.090 shall be sold at public 19
auction to: 20
(a) Federally licensed firearms dealers holding a license appropriate for the type 21
of firearm sold; or 22
(b) For a firearm which was used in a homicide, any person who certifies on a 23
form provided by the Department of Kentucky State Police prior to placing a 24
bid that he or she will, upon completion of the auction, leave the firearm 25
with the Department of Kentucky State Police for destruction. A state or 26
local government or agency thereof shall not purchase a firearm under this 27 UNOFFICIAL COPY 24 RS HB 5/VO
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paragraph. 1
(2) Any provision of KRS Chapter 45 or 45A relating to disposition of property to the 2
contrary notwithstanding, the Department of Kentucky State Police shall: 3
(a) Conduct any auction specified by this section; 4
(b) Retain for departmental use twenty percent (20%) of the gross proceeds from 5
any auction specified by this section;[ and] 6
(c) Transfer remaining proceeds of the sale to the account of the Kentucky Office 7
of Homeland Security for use as provided in subsection (5)[(4)] of this 8
section; and 9
(d) For any sale pursuant to subsection (1)(b) of this section, destroy the 10
firearm. 11
(3)[(2)] Prior to the sale of any firearm, the Department of Kentucky State Police shall 12
make an attempt to determine if the firearm to be sold has been stolen or otherwise 13
unlawfully obtained from an innocent owner and return the firearm to its lawful 14
innocent owner, unless that person is ineligible to purchase a firearm under federal 15
law. 16
(4)[(3)] The Department of Kentucky State Police shall receive firearms and 17
ammunition confiscated by or abandoned to every law enforcement agency in 18
Kentucky. The department shall dispose of the firearms received in the manner 19
specified in subsections[subsection] (1) and (2) of this section. However, firearms 20
which are not retained for official use, returned to an innocent lawful owner, or 21
transferred to another government agency or public museum shall be sold as 22
provided in subsection[subsections] (1)[ and (3)] of this section. 23
(5)[(4)] The proceeds of firearms sales shall be utilized by the Kentucky Office of 24
Homeland Security to provide grants to city, county, charter county, unified local 25
government, urban-county government, and consolidated local government police 26
departments; university safety and security departments organized pursuant to KRS 27 UNOFFICIAL COPY 24 RS HB 5/VO
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164.950; school districts that employ special law enforcement officers as defined in 1
KRS 61.900; and sheriff's departments for the purchase of: 2
(a) Body armor for sworn peace officers of those departments and service 3
animals, as defined in KRS 525.010, of those departments; 4
(b) Firearms or ammunition; 5
(c) Electronic control devices, electronic control weapons, or electro-muscular 6
disruption technology; and 7
(d) Body-worn cameras. 8
In awarding grants under this section, the Kentucky Office of Homeland Security 9
shall give first priority to providing and replacing body armor and second priority to 10
providing firearms and ammunition, with residual funds available for the purchase 11
of body-worn cameras, electronic control devices, electronic control weapons, or 12
electro-muscular disruption technology. Body armor purchased by the department 13
receiving grant funds shall meet or exceed the standards issued by the National 14
Institute of Justice for body armor. No police or sheriff's department shall apply for 15
a grant to replace existing body armor unless that body armor has been in actual use 16
for a period of five (5) years or longer. Any department applying for grant funds for 17
body-worn cameras shall develop a policy for their use and shall submit that policy 18
with its application for the grant funds to the Office of Homeland Security as part of 19
the application process. 20
(6)[(5)] The Department of Kentucky State Police may transfer a machine gun, short-21
barreled shotgun, short-barreled rifle, silencer, pistol with a shoulder stock, any 22
other weapon, or destructive device as defined by the National Firearms Act which 23
is subject to registration under the National Firearms Act and is not properly 24
registered in the national firearms transfer records for those types of weapons, to the 25
Bureau of Alcohol, Tobacco, and Firearms of the United States Department of 26
Justice, after a reasonable attempt has been made to transfer the firearm to an 27 UNOFFICIAL COPY 24 RS HB 5/VO
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eligible state or local law enforcement agency or to an eligible museum and no 1
eligible recipient will take the firearm or weapon. National Firearms Act firearms 2
and weapons which are properly registered and not returned to an innocent lawful 3
owner or retained for official use as provided in this section shall be sold in 4
accordance with subsection (1)[to properly licensed dealers under subsection (3) ] 5
of this section. 6
SECTION 17. A NEW SECTION OF KRS CHAPTER 511 IS CREATED TO 7
READ AS FOLLOWS: 8
(1) For purposes of this section: 9
(a) "Camp" means to pitch, erect, or occupy camp facilities, or to use camp 10
paraphernalia; 11
(b) "Camp facilities" means structures for the use of camping, including but 12
not limited to tents, huts, temporary shelters, and vehicles; and 13
(c) "Camp paraphernalia" means items used for camping purposes, including 14
but not limited to cots, beds, sleeping bags, and hammocks. 15
(2) A person is guilty of unlawful camping when he or she knowingly enters or 16
remains on a public or private street, sidewalk, area under a bridge or underpass, 17
path, park, cemetery, or other area designated for use by pedestrians or vehicles, 18
including areas used for ingress or egress to businesses, homes, or public 19
buildings, with the intent to sleep or camp in that area, when the area has not 20
been designated for the purpose of sleeping or camping or the individual lacks 21
authorization to sleep or camp in the area. 22
(3) Unlawful camping is a: 23
(a) Violation for the first offense; and 24
(b) Class B misdemeanor for the second and each subsequent offense, or if 25
during the first offense the individual refuses to cease the offense. 26
(4) Nothing in this section shall be construed to prohibit the customary and 27 UNOFFICIAL COPY 24 RS HB 5/VO
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temporary use of recreational camping areas, rest areas, or other properties that 1
are specifically designated for purposes of resting or sleeping. 2
(5) Nothing in this section shall prevent a person from sleeping temporarily in his or 3
her vehicle parked lawfully on a public road, street, or parking lot, where the 4
sleeping and parking of the vehicle at the location occur for a period of less than 5
twelve (12) hours. 6
SECTION 18. A NEW SECTION OF KRS CHAPTER 198A IS CREATED 7
TO READ AS FOLLOWS: 8
(1) Notwithstanding any statute, administrative regulation, or common law to the 9
contrary, appropriations from the general fund, any restricted fund, or the road 10
fund shall not be expended by any state or local officer, official, employee, or 11
agency for any initiatives to provide permanent housing to homeless individuals if 12
those initiatives lack behavioral and rehabilitative requirements. Behavioral and 13
rehabilitative requirements shall at a minimum include requirements that the 14
initiative facilitate appropriate treatment of any mental health conditions or 15
substance use disorders and prohibit criminal activity. 16
(2) This section shall not apply to statutorily created housing programs or to 17
domestic violence shelters as defined in KRS 511.085. 18
SECTION 19. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 19
READ AS FOLLOWS: 20
A local government may designate indoor or outdoor areas with defined boundaries in 21
an area zoned for commercial or industrial use, separate from any area frequently 22
used for public purposes, as a temporary camping location for unsheltered homeless 23
individuals. Any such designated area shall contain potable water and adequate 24
sanitary facilities, such as portable toilets. Any individual utilizing the designated area 25
for a permissible purpose shall not be in violation of Section 17 of this Act. 26
SECTION 20. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 27 UNOFFICIAL COPY 24 RS HB 5/VO
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READ AS FOLLOWS: 1
(1) A government official or governmental body shall not adopt or enforce any policy 2
under which it directly or indirectly prohibits or discourages the enforcement of 3
any law, order, or ordinance prohibiting unlawful camping as set forth in Section 4
17 of this Act. 5
(2) A government official or governmental body shall not directly or indirectly 6
prohibit or discourage a peace officer or prosecuting attorney who is employed by 7
or otherwise under its direction or control from enforcing any law, order, or 8
ordinance prohibiting unlawful camping as set forth in Section 17 of this Act. 9
(3) This section shall not be interpreted or construed to: 10
(a) Prohibit a policy that encourages diversion programs or offering of services 11
in lieu of citation or arrest; 12
(b) Prohibit or otherwise interfere with general orders or decisions that involve 13
resource allocation or prioritization made by a governmental official or 14
governmental body; 15
(c) Create any cause of action; or 16
(d) Permit a peace officer to disobey an instruction, order, or command from 17
an officer or official within his or her chain of command. 18
(4) The Attorney General may bring a civil action in any court of competent 19
jurisdiction against any government official or governmental body to enjoin it 20
from violating this section. 21
(5) The Attorney General may recover reasonable expenses incurred in any civil 22
action brought under this section, including court costs, reasonable attorney's 23
fees, investigative costs, witness fees, and deposition costs. 24
Section 21. KRS 503.080 is amended to read as follows: 25
(1) The use of physical force by a defendant upon another person is justifiable when the 26
defendant believes that such force is immediately necessary to prevent: 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(a) The commission of criminal trespass, robbery, burglary, or other felony 1
involving the use of force, or under those circumstances permitted pursuant to 2
KRS 503.055, in a dwelling, building or upon real property in his or her 3
possession or in the possession of another person for whose protection he or 4
she acts;[ or] 5
(b) Theft, criminal mischief, or any trespassory taking of tangible, movable 6
property in his or her possession or in the possession of another person for 7
whose protection he or she acts[.]; or 8
(c) The commission of unlawful camping in violation of Section 17 of this Act, 9
when: 10
1. The offense is occurring on property owned or leased by the 11
defendant; 12
2. The individual engaged in unlawful camping has been told to cease; 13
and 14
3. The individual committing the offense has used force or threatened to 15
use force against the defendant. 16
(2) The use of deadly physical force by a defendant upon another person is justifiable 17
under subsection (1) of this section only when the defendant believes that the 18
person against whom such force is used is: 19
(a) Attempting to dispossess him or her of his or her dwelling otherwise than 20
under a claim of right to its possession; or 21
(b) Committing or attempting to commit a burglary, robbery, or other felony 22
involving the use of force, or under those circumstances permitted pursuant to 23
KRS 503.055, of such dwelling; or 24
(c) Committing or attempting to commit arson of a dwelling or other building in 25
his or her possession. 26
(3) A person does not have a duty to retreat if the person is in a place where he or she 27 UNOFFICIAL COPY 24 RS HB 5/VO
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has a right to be. 1
Section 22. KRS 202C.050 is amended to read as follows: 2
(1) No respondent shall be involuntarily committed under this chapter unless there is a 3
determination that: 4
(a) The respondent presents a danger to self or others as a result of his or her 5
mental condition; 6
(b) The respondent needs care, training, or treatment in order to mitigate or 7
prevent substantial physical harm to self or others; 8
(c) The respondent has a demonstrated history or recent manifestation of 9
criminal behavior that has endangered or caused injury to others or has a 10
substantial history of involuntary hospitalizations under KRS Chapter 202A 11
or 202B prior to the commission of the charged crime; or[and] 12
(d) A less restrictive alternative mode of treatment would endanger the safety of 13
the respondent or others. 14
(2) When a respondent is involuntarily committed under this chapter, the cabinet shall 15
place that respondent in a forensic psychiatric facility designated by the secretary. 16
Section 23. KRS 186.417 is amended to read as follows: 17
(1) The Transportation Cabinet shall issue to any felony offender, if the felony offender 18
is eligible, released from the Kentucky Department of Corrections, a county jail or 19
other local or regional correctional facility, if and when funds are available, or a 20
Federal Bureau of Prisons facility located in Kentucky on home incarceration, 21
parole, completed service of sentence, shock probation, or pardon, a personal 22
identification card or, if the felony offender is eligible, an operator's license. An 23
offender who wishes to obtain a personal identification card or operator's license 24
shall provide proper documentation to comply with the provisions of this section. 25
(2) Proper documentation under subsection (1) of this section shall consist of: 26
(a) The offender's certificate of birth; 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(b) A copy of the offender's resident record card and parole certificate or notice of 1
discharge; 2
(c) A photograph of the offender, printed on plastic card or paper; and 3
(d) A release letter that shall contain the offender's: 4
1. Full legal name, subject to the information available to the Kentucky 5
Department of Corrections or a Federal Bureau of Prisons facility 6
located in Kentucky; 7
2. Discharge/release date; 8
3. Signature; 9
4. Social Security number; 10
5. Date of birth; 11
6. Present Kentucky address where he or she resides; and 12
7. Physical description. 13
(3) The Transportation Cabinet shall issue to any felony offender, if the felony offender 14
is eligible, probated or conditionally discharged by the court and under the 15
supervision of the Division of Probation and Parole or the United States Probation 16
Office, a personal identification card or, if the felony offender is eligible, an 17
operator's license. An offender who wishes to obtain a personal identification card 18
or operator's license shall provide proper documentation to comply with the 19
provisions of this section. 20
(4) Proper documentation under subsection (3) of this section shall consist of: 21
(a) The offender's certificate of birth; 22
(b) The offender's sentencing order; 23
(c) A photograph of the offender, printed on plastic card or paper; and 24
(d) A notarized release letter, signed by the supervising officer verifying the 25
offender's status on supervision, that shall contain the offender's: 26
1. Full legal name, subject to the information available to the Division of 27 UNOFFICIAL COPY 24 RS HB 5/VO
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Probation and Parole or the United States Probation Office; 1
2. Signature; 2
3. Social Security number; 3
4. Date of birth; 4
5. Present Kentucky address where he or she resides; and 5
6. Physical description. 6
(5) The offender shall present the documentation identified in subsection (2) or (4) of 7
this section to the cabinet within thirty (30) calendar days from the date of the 8
release letter and shall be responsible for paying the fee for the personal 9
identification card or operator's license pursuant to KRS 186.531. 10
(6) The Transportation Cabinet shall promulgate administrative regulations in 11
accordance with KRS Chapter 13A to establish procedures for current inmates in 12
state and federal prisons, who are deemed eligible by prison officials, to be issued 13
operator's licenses to engage in work release activities or reentry initiatives. The 14
administrative regulations shall address, at a minimum: 15
(a) The information required for application, which shall include all information 16
in paragraph (b) of this subsection which is germane to a current inmate. For 17
purposes of this paragraph, the facility in which the inmate is housed shall be 18
considered the inmate's residence; 19
(b) Required documentation from the Department of Corrections or the Federal 20
Bureau of Prisons that the inmate meets the security criteria to be eligible for 21
work outside of the facility; 22
(c) Procedures for license issuance; and 23
(d) Restrictions on use of the license, including a requirement that the inmate 24
shall surrender the license to prison officials when the inmate is not engaged 25
in work outside the facility. 26
(7) The cabinet shall process applications for operator's licenses and personal 27 UNOFFICIAL COPY 24 RS HB 5/VO
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identification cards under this section in the same manner as in KRS 186.412 and 1
186.4122. 2
(8) The Transportation Cabinet may enter into an agreement with the Kentucky 3
Department of Corrections, the United States Probation Office, or the Federal 4
Bureau of Prisons to use a mobile unit to begin the issuance process in this section. 5
Section 24. KRS 431.510 is amended to read as follows: 6
(1) As used in this section: 7
(a) 1. "Bail bondsman" means any person, partnership, or corporation 8
engaged for profit in the business of: 9
a. Furnishing bail, making bonds, or entering into undertakings, as 10
surety, for the appearance of persons charged with any criminal 11
offense or violation of law or ordinance punishable by fine, 12
imprisonment, or death, before any of the courts of this state; or 13
b. Securing the payment of fines imposed and of costs assessed by 14
those courts upon final disposition thereof. 15
2. The business of a bail bondsman is limited to the acts, transactions, 16
and undertakings described in this paragraph and to no other; and 17
(b) "Charitable bail organization" means an organization, including but not 18
limited to an organization exempt under Section 501(c)(3) of the Internal 19
Revenue Code, that solicits or accepts donations from the public for the 20
purpose of: 21
1. Furnishing bail, making bonds, or entering into undertakings, as 22
surety, whether through direct payment or by payment through a third 23
party, for the appearance of persons charged with any criminal 24
offense or violation of law or ordinance punishable by fine, 25
imprisonment, or death before any of the courts of this state; or 26
2. Securing the payment of fines imposed and of costs assessed by any of 27 UNOFFICIAL COPY 24 RS HB 5/VO
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the courts of this state upon final disposition thereof. 1
(2) It shall be unlawful for any person to engage in the business of bail bondsman[ as 2
defined in subsection (3) of this section,] or to otherwise for compensation or other 3
consideration: 4
(a) Furnish bail or funds or property to serve as bail; or 5
(b) Make bonds or enter into undertakings as surety; 6
for the appearance of persons charged with any criminal offense or violation of law 7
or ordinance punishable by fine, imprisonment, or death, before any of the courts of 8
this state[, including city courts], or to secure the payment of fines imposed and of 9
costs assessed by such courts upon a final disposition. 10
(3) It shall be unlawful for any charitable bail organization to: 11
(a) Furnish bail or funds or property to serve as bail in an amount of five 12
thousand dollars ($5,000) or more; or 13
(b) Make bonds or enter into undertakings as surety in an amount of five 14
thousand dollars ($5,000) or more; 15
for the appearance of persons charged with any criminal offense or violation of 16
law or ordinance punishable by fine or imprisonment before any of the courts of 17
this state, or to secure the payment of fines imposed and of costs assessed by those 18
courts upon a final disposition. 19
(4) Notwithstanding subsection (3) of this section, it shall be unlawful for any 20
charitable bail organization to furnish bail or funds or property to serve as bail, 21
or to make bonds or enter into undertakings as surety, regardless of amount, for 22
any person: 23
(a) Alleged to have committed an offense: 24
1. Of domestic violence and abuse as defined in KRS 403.720; 25
2. Of dating violence and abuse as defined in KRS 456.010; or 26
3. That would classify the person as a violent offender under Section 32 27 UNOFFICIAL COPY 24 RS HB 5/VO
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of this Act; 1
(b) Held under a civil court order or warrant issued under KRS 222.430 to 2
222.437; or 3
(c) Who has previously received bail or funds or property to serve as bail from 4
a charitable bail organization. 5
(5) Any person who posts bail or bond on behalf of any organization under this 6
section shall provide a photo identification. 7
(6) A charitable bail organization shall maintain and annually report the following 8
information to the Legislative Research Commission for referral to the Interim 9
Joint Committee on Judiciary no later than October 31 of each year, and shall 10
make publicly available on the organization's website, or by publishing in a 11
newspaper of general circulation that complies with the requirements of KRS 12
424.120 if the organization does not maintain a website: 13
(a) The expenditures of the organization, including a separate reporting of the 14
amount furnished for bail, or funds or property to serve as bail; and 15
(b) The number of individuals and classification of offenses for those 16
individuals for which any bail, or funds or property to serve as bail, has 17
been provided. 18
(7) Any bond posted by a charitable organization under this section that is ordered 19
forfeited as a result of the commission of a new criminal offense shall be 20
distributed to the victim of the new criminal offense, if a victim is identified. 21
(8)[(2)] Nothing contained in this section[herein] shall serve to release any bail 22
bondsman previously[heretofore] licensed by this state from the obligation of 23
undischarged bail bond liability existing on June 19, 1976. 24
[(3) "Bail bondsman" shall mean any person, partnership, or corporation engaged for 25
profit in the business of furnishing bail, making bonds or entering into 26
undertakings, as surety, for the appearance of persons charged with any criminal 27 UNOFFICIAL COPY 24 RS HB 5/VO
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offense or violation of law or ordinance punishable by fine, imprisonment, or death, 1
before any of the courts of this state, or securing the payment of fines imposed and 2
of costs assessed by such courts upon final disposition thereof, and the business of a 3
bail bondsman shall be limited to the acts, transactions, and undertakings described 4
in this subsection and to no other.] 5
(9)[(4)] KRS 431.510 to 431.550 shall not be construed to limit or repeal KRS 6
431.021 or to prevent licensed insurers providing security required by Subtitle 39 of 7
KRS Chapter 304 and nonprofit associations from posting or causing to be posted 8
by licensed insurers security or acting as surety for their insureds or members for an 9
offense arising from the operation of a motor vehicle, provided that such posting of 10
security or acting as surety is merely incidental to the terms and conditions of an 11
insurance contract or a membership agreement and provided further that no separate 12
premium or charge therefor is required from the insureds or members. 13
SECTION 25. A NEW SECTION OF KRS CHAPTER 507 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) As used in this section, "first responder" means: 16
(a) A peace officer; 17
(b) Paid or volunteer emergency medical services or rescue personnel; 18
(c) A paid or volunteer member of an organized fire department; or 19
(d) Personnel of a private nonprofit organization providing fire, rescue, or 20
emergency medical services; 21
engaged at the time of the act in the lawful performance of his or her duties. 22
(2) A person is guilty of murder of a first responder when, with the intent to cause 23
the death of a first responder, he or she causes the death of a first responder. 24
(3) Notwithstanding KRS Chapter 532, murder of a first responder is a capital 25
offense and the person shall be sentenced to death or imprisonment for life 26
without benefit of probation or parole. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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Section 26. KRS 506.010 is amended to read as follows: 1
(1) A person is guilty of criminal attempt to commit a crime when, acting with the kind 2
of culpability otherwise required for commission of the crime, he or she: 3
(a) Intentionally engages in conduct which would constitute the crime if the 4
attendant circumstances were as he or she believes them to be; or 5
(b) Intentionally does or omits to do anything which, under the circumstances as 6
he or she believes them to be, is a substantial step in a course of conduct 7
planned to culminate in his commission of the crime. 8
(2) Conduct shall not be held to constitute a substantial step under subsection (1)(b) of 9
this section unless it is an act or omission which leaves no reasonable doubt as to 10
the defendant's intention to commit the crime which he or she is charged with 11
attempting. 12
(3) A person is guilty of criminal attempt to commit a crime when he engages in 13
conduct intended to aid another person to commit that crime, although the crime is 14
not committed or attempted by the other person, provided that his or her conduct 15
would establish complicity under KRS 502.020 if the crime were committed by the 16
other person. 17
(4) A criminal attempt is a: 18
(a) Class C felony when the crime attempted is a violation of KRS 521.020 or 19
521.050; 20
(b) Class B felony when the crime attempted is a Class A felony or capital 21
offense; 22
(c) Class C felony when the crime attempted is a Class B felony; 23
(d) Class A misdemeanor when the crime attempted is a Class C or D felony; or 24
(e) Class B misdemeanor when the crime attempted is a misdemeanor. 25
(5) Notwithstanding KRS Chapter 532, a person who has been convicted of, or 26
entered a plea of guilty or nolo contendere to, criminal attempt to commit murder 27 UNOFFICIAL COPY 24 RS HB 5/VO
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of a first responder shall be sentenced to imprisonment for: 1
(a) At least twenty (20) years; 2
(b) Life; or 3
(c) Life without benefit of probation or parole until the person has served a 4
minimum of twenty-five (25) years. 5
Section 27. KRS 532.025 is amended to read as follows: 6
(1) (a) Upon conviction of a defendant in cases where the death penalty may be 7
imposed, a hearing shall be conducted. In such hearing, the judge shall hear 8
additional evidence in extenuation, mitigation, and aggravation of 9
punishment, including the record of any prior criminal convictions and pleas 10
of guilty or pleas of nolo contendere of the defendant, or the absence of any 11
prior conviction and pleas; provided, however, that only such evidence in 12
aggravation as the state has made known to the defendant prior to his or her 13
trial shall be admissible. Subject to the Kentucky Rules of Evidence, juvenile 14
court records of adjudications of guilt of a child for an offense that would be a 15
felony if committed by an adult shall be admissible in court at any time the 16
child is tried as an adult, or after the child becomes an adult, at any 17
subsequent criminal trial relating to that same person. Juvenile court records 18
made available pursuant to this section may be used for impeachment 19
purposes during a criminal trial and may be used during the sentencing phase 20
of a criminal trial; however, the fact that a juvenile has been adjudicated 21
delinquent of an offense that would be a felony if the child had been an adult 22
shall not be used in finding the child to be a persistent felony offender based 23
upon that adjudication. Release of the child's treatment, medical, mental, or 24
psychological records is prohibited unless presented as evidence in Circuit 25
Court. Release of any records resulting from the child's prior abuse and 26
neglect under Title IV-E or IV-B of the Federal Social Security Act is also 27 UNOFFICIAL COPY 24 RS HB 5/VO
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prohibited. The judge shall also hear argument by the defendant or his or her 1
counsel and the prosecuting attorney, as provided by law, regarding the 2
punishment to be imposed. The prosecuting attorney shall open and the 3
defendant shall conclude the argument. In cases in which the death penalty 4
may be imposed, the judge when sitting without a jury shall follow the 5
additional procedure provided in subsection (2) of this section. Upon the 6
conclusion of the evidence and arguments, the judge shall impose the sentence 7
or shall recess the trial for the purpose of taking the sentence within the limits 8
prescribed by law. If the trial court is reversed on appeal because of error only 9
in the presentence hearing, the new trial which may be ordered shall apply 10
only to the issue of punishment. 11
(b) In all cases in which the death penalty may be imposed and which are tried by 12
a jury, upon a return of a verdict of guilty by the jury, the court shall resume 13
the trial and conduct a presentence hearing before the jury. Such hearing shall 14
be conducted in the same manner as presentence hearings conducted before 15
the judge as provided in paragraph (a) of this subsection, including the record 16
of any prior criminal convictions and pleas of guilty or pleas of nolo 17
contendere of the defendant. Upon the conclusion of the evidence and 18
arguments, the judge shall give the jury appropriate instructions, and the jury 19
shall retire to determine whether any mitigating or aggravating circumstances, 20
as defined in subsection (2) of this section, exist and to recommend a sentence 21
for the defendant. Upon the findings of the jury, the judge shall fix a sentence 22
within the limits prescribed by law. 23
(2) In all cases of offenses for which the death penalty may be authorized, the judge 24
shall consider, or[ he or she shall] include in his or her instructions to the jury for it 25
to consider, any mitigating circumstances or aggravating circumstances otherwise 26
authorized by law and any of the following statutory aggravating or mitigating 27 UNOFFICIAL COPY 24 RS HB 5/VO
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circumstances which may be supported by the evidence: 1
(a) Aggravating circumstances: 2
1. The offense of murder or kidnapping was committed by a person with a 3
prior record of conviction for a capital offense, or the offense of murder 4
was committed by a person who has a substantial history of serious 5
assaultive criminal convictions; 6
2. The offense of murder or kidnapping was committed while the offender 7
was engaged in the commission of arson in the first degree, robbery in 8
the first degree, burglary in the first degree, rape in the first degree, or 9
sodomy in the first degree; 10
3. The offender by his or her act of murder, armed robbery, or kidnapping 11
knowingly created a great risk of death to more than one (1) person in a 12
public place by means of a weapon of mass destruction, weapon, or 13
other device which would normally be hazardous to the lives of more 14
than one (1) person; 15
4. The offender committed the offense of murder for himself, herself, or 16
another, for the purpose of receiving money or any other thing of 17
monetary value, or for other profit; 18
5. The offense of murder was committed by a person who was a prisoner 19
and the victim was a prison employee engaged at the time of the act in 20
the performance of his or her duties; 21
6. The offender's act or acts of killing were intentional and resulted in 22
multiple deaths; 23
7. The offender's act of killing was intentional and the victim was: 24
a. A state or local public official; or 25
b. A first responder, as defined in Section 25 of this Act[ police 26
officer, sheriff, or deputy sheriff engaged at the time of the act in 27 UNOFFICIAL COPY 24 RS HB 5/VO
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the lawful performance of his or her duties]; 1
8. The offender murdered the victim when an emergency protective order 2
or a domestic violence order was in effect, or when any other order 3
designed to protect the victim from the offender, such as an order issued 4
as a condition of a bond, conditional release, probation, parole, or 5
pretrial diversion, was in effect; and 6
9. The offender's act of killing was intentional and resulted in the death of 7
a child under twelve (12) years old. 8
(b) Mitigating circumstances: 9
1. The defendant has no significant history of prior criminal activity; 10
2. The capital offense was committed while the defendant was under the 11
influence of extreme mental or emotional disturbance even though the 12
influence of extreme mental or emotional disturbance is not sufficient to 13
constitute a defense to the crime; 14
3. The victim was a participant in the defendant's criminal conduct or 15
consented to the criminal act; 16
4. The capital offense was committed under circumstances which the 17
defendant believed to provide a moral justification or extenuation for his 18
or her conduct even though the circumstances which the defendant 19
believed to provide a moral justification or extenuation for his or her 20
conduct are not sufficient to constitute a defense to the crime; 21
5. The defendant was an accomplice in a capital offense committed by 22
another person and his or her participation in the capital offense was 23
relatively minor; 24
6. The defendant acted under duress or under the domination of another 25
person even though the duress or the domination of another person is not 26
sufficient to constitute a defense to the crime; 27 UNOFFICIAL COPY 24 RS HB 5/VO
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7. At the time of the capital offense, the capacity of the defendant to 1
appreciate the criminality of his or her conduct to the requirements of 2
law was impaired as a result of mental illness or an intellectual disability 3
or intoxication even though the impairment of the capacity of the 4
defendant to appreciate the criminality of his or her conduct or to 5
conform the conduct to the requirements of law is insufficient to 6
constitute a defense to the crime; and 7
8. The youth of the defendant at the time of the crime. 8
(3) The instructions as determined by the trial judge to be warranted by the evidence or 9
as required by KRS 532.030(4) shall be given in charge and in writing to the jury 10
for its deliberation. The jury, if its verdict be a recommendation of death, or 11
imprisonment for life without benefit of probation or parole, or imprisonment for 12
life without benefit of probation or parole until the defendant has served a minimum 13
of twenty-five (25) years of his or her sentence, shall designate in writing, signed by 14
the foreman of the jury, the aggravating circumstance or circumstances which it 15
found beyond a reasonable doubt. In nonjury cases, the judge shall make such 16
designation. In all cases unless at least one (1) of the statutory aggravating 17
circumstances enumerated in subsection (2) of this section is so found, the death 18
penalty, or imprisonment for life without benefit of probation or parole, or the 19
sentence to imprisonment for life without benefit of probation or parole until the 20
defendant has served a minimum of twenty-five (25) years of his or her sentence, 21
shall not be imposed. 22
Section 28. KRS 532.036 is amended to read as follows: 23
(1) As used in this section: 24
(a) "Disabled": 25
1. Means a legal disability as is measured by functional inabilities; and 26
2. Includes inabilities caused by psychological, psychiatric, or stress-27 UNOFFICIAL COPY 24 RS HB 5/VO
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related trauma, and refers to any person seventeen (17) years of age or 1
older who is unable to make informed decisions with respect to his or 2
her personal affairs to the extent that he or she lacks the capacity to 3
provide for his or her physical health and safety or the physical health 4
and safety of a minor child, including but not limited to health care, 5
food, shelter, clothing, or personal hygiene; and 6
(b) "Totally and permanently disabled": 7
1. Means the inability to do any substantial gainful activity by reason of 8
any medically determinable physical or mental impairment which can be 9
expected to result in death or which has lasted or can be expected to last 10
for a continuous period of not less than twelve (12) months; and 11
2. Includes a finding of permanent total disability by the Social Security 12
Administration that a person is disabled and qualifies for benefits or a 13
finding by an administrative law judge under KRS Chapter 342. 14
(2) (a) Notwithstanding any law to the contrary, if a defendant is convicted of a 15
violation of KRS 189A.010 or Section 25 of this Act, or an attempt to 16
commit a violation of Section 25 of this Act, and the violation caused the 17
death of a parent or guardian of a minor child or dependent or resulted in a 18
finding by the court that a parent or guardian of a minor child or dependent is 19
disabled or totally and permanently disabled, then the sentencing court may 20
order the defendant to pay restitution in the form of financial support for the 21
child or dependent to each child or dependent of the victim until the child or 22
dependent reaches: 23
1. Eighteen (18) years of age; or 24
2. Nineteen (19) years of age if the child or dependent is still enrolled in 25
high school. 26
(b) In determining an amount that is reasonable and necessary for the financial 27 UNOFFICIAL COPY 24 RS HB 5/VO
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support of the victim's child or dependent, the court shall consider all relevant 1
factors, including the: 2
1. Financial needs and resources of the child or dependent; 3
2. Financial resources and needs of the surviving parent or guardian of the 4
child or dependent; 5
3. Standard of living to which the child or dependent is accustomed; 6
4. Physical and emotional condition of the child or dependent and the 7
child's or dependent's educational needs; 8
5. Child's or dependent's physical and legal custody arrangements; and 9
6. Reasonable child care expenses of the surviving parent or guardian. 10
(3) The court shall order that payments made to financially support the child or 11
dependent be made to the clerk of court as trustee for remittance to the child or 12
dependent's surviving parent or guardian. The clerk shall remit the payments to the 13
surviving parent or guardian within three (3) working days of receipt by the clerk. 14
The clerk shall deposit all payments no later than the next working day after receipt. 15
(4) If a defendant who is ordered to pay restitution in the form of financial support for 16
the child or dependent under this section is incarcerated and unable to pay the 17
required restitution, the defendant shall have up to one (1) year after the release 18
from incarceration to begin payment, including entering into a payment plan to 19
address any arrearage. 20
(5) If a defendant's payments to financially support the child or dependent are set to 21
terminate but the defendant's obligation is not paid in full, the payments to 22
financially support the child or dependent shall continue until the entire arrearage is 23
paid. 24
(6) (a) If the surviving parent or guardian of the child or dependent brings a civil 25
action against the defendant before the sentencing court orders restitution to 26
financially support the child or dependent and the surviving parent or 27 UNOFFICIAL COPY 24 RS HB 5/VO
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guardian obtains a judgment and full satisfaction of damages in the civil suit, 1
restitution shall not be ordered under this section. 2
(b) If the court orders the defendant to pay restitution to financially support the 3
child or dependent under this section and the surviving parent or guardian 4
subsequently brings a civil action and obtains a judgment, the restitution order 5
shall be offset by the amount of the judgment awarded and paid by the 6
defendant or the defendant's insurance for lost wages or permanent 7
impairment of the power to work and earn money in the civil action. 8
Section 29. KRS 439.320 is amended to read as follows: 9
(1) (a) The Governor shall appoint a Parole Board consisting of nine (9) full-time 10
members to be confirmed by the Senate in accordance with KRS 11.160. 11
(b) The Governor shall make each appointment from a list of three (3) names 12
given to him or her by the Kentucky State Corrections Commission. 13
(c) Each member appointed to the board shall have had at least five (5) years of 14
actual experience in the field of penology, correction work, law enforcement, 15
sociology, law, education, social work, medicine, or a combination thereof, or 16
have served at least five (5) years previously on the Parole Board. 17
(d) No more than six (6) board members shall be of the same political party. 18
(e) The board shall be attached to the Justice and Public Safety Cabinet for 19
administrative purposes only. The Department of Corrections shall provide 20
any clerical, stenographic, administrative, and expert staff assistance the board 21
deems necessary to carry out its duties. 22
(2) The Governor shall designate one (1) member as chairperson of the board. The 23
member designated as chairperson shall serve in that capacity at the pleasure of the 24
Governor or until his or her term expires. 25
(3) (a) The members of the board shall give full time to the duties of their office and 26
shall receive necessary traveling expenses and a salary to be determined 27 UNOFFICIAL COPY 24 RS HB 5/VO
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pursuant to KRS 64.640(2), except the chairperson of the board shall receive 1
additional compensation of one thousand dollars ($1,000) per year for his or 2
her services. 3
(b) The members of the board shall serve at the pleasure of the Governor, but 4
for no more than four (4) years without reappointment[Their terms of office 5
shall be four (4) years and until their successors are appointed and have 6
qualified]. Their successors shall be appointed thereafter as provided in this 7
section.[ for terms of four (4) years, and] A vacancy occurring before 8
expiration of the term of office shall be similarly filled for the unexpired term. 9
(4) The organization of the board shall be determined by the chairperson and shall be 10
consistent with administrative regulations promulgated pursuant to KRS 439.340. 11
For policy and procedural matters, five (5) members shall constitute a quorum. 12
(5) Parole and final parole revocation hearings may be done by panels of the board, 13
subject to the following requirements: 14
(a) A panel shall consist of not less than three (3) and not more than six (6) 15
members[If a two (2) member panel is utilized, both members of the panel 16
shall agree on the decision or the matter shall be referred to the full board]; 17
and 18
(b) All members of the panel shall agree on a decision or the matter shall be 19
referred to the full board[If a three (3) member panel is utilized, two (2) of 20
the three (3) members of the panel shall agree on a decision or the matter shall 21
be referred to the full board; and 22
(c) If a panel of four (4) or more members is utilized, a majority of the panel shall 23
agree on a decision or the matter shall be referred to the full board]. 24
(6)[(5)] The Governor may not remove any member of the board except for disability, 25
inefficiency, neglect of duty, or malfeasance in office. Before removal, he or she 26
shall give the member a written copy of the charges against him or her and shall fix 27 UNOFFICIAL COPY 24 RS HB 5/VO
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the time when he or she can be heard in his or her defense, which shall not be less 1
than ten (10) days thereafter. Upon removal, the Governor shall file in the office of 2
the Secretary of State a complete statement of all charges made against the member 3
and the findings thereupon with a record of the proceedings. 4
Section 30. KRS 439.330 is amended to read as follows: 5
(1) The board shall: 6
(a) Study the case histories of persons eligible for parole, and deliberate on that 7
record; 8
(b) Conduct reviews and hearings on the desirability of granting parole; 9
(c) Impose upon the parolee or conditional releasee such conditions as it sees fit; 10
(d) Order the granting of parole upon a two-thirds (2/3) vote of the membership 11
of the full board, or pursuant to subsection (5) of Section 29 of this Act; 12
(e) Issue warrants for persons charged with violations of parole and 13
postincarceration supervision and conduct hearings on such charges, subject 14
to the provisions of KRS 439.341, 532.043, and 532.400; 15
(f) Determine the period of supervision for parolees, which period may be subject 16
to extension or reduction after recommendation of the cabinet is received and 17
considered; and 18
(g) Grant final discharge to parolees. 19
(2) The board shall adopt an official seal of which the courts shall take judicial notice. 20
(3) The orders of the board shall not be reviewable except as to compliance with the 21
terms of KRS 439.250 to 439.560. 22
(4) The board shall keep a record of its acts, an electronic record of its meetings, a 23
written record of the votes of individual members, and the reasons for denying 24
parole to inmates. These records shall be public records in accordance with KRS 25
61.870 to 61.884. The board shall notify each institution of its decisions relating to 26
the persons who are or have been confined in that institution[therein], and shall 27 UNOFFICIAL COPY 24 RS HB 5/VO
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submit to the Governor a report with statistical and other data of its work at the 1
close of each fiscal year. 2
Section 31. KRS 433.236 is amended to read as follows: 3
(1) A peace officer, security agent of a mercantile establishment, merchant, or 4
merchant's employee who has probable cause to believe[for believing] that goods 5
held for sale by the merchant have been unlawfully taken by a person may take the 6
person into custody and detain him or her in a reasonable manner for a reasonable 7
length of time, on the premises of the mercantile establishment or off the premises 8
of the mercantile establishment, if the persons enumerated in this section are in 9
fresh pursuit, for any[ or all] of the following purposes: 10
(a) To request identification; 11
(b) To verify such identification; 12
(c) To make reasonable inquiry as to whether such person has in his or her 13
possession unpurchased merchandise, and to make reasonable investigation of 14
the ownership of such merchandise; 15
(d) To recover or attempt to recover goods taken from the mercantile 16
establishment by such person, or by others accompanying him or her; or 17
(e) To inform a peace officer or law enforcement agency of the detention of the 18
person and to surrender the person to the custody of a peace officer, and in the 19
case of a minor, to inform the parents, guardian, or other person having 20
custody of that minor of his or her detention, in addition to surrendering the 21
minor to the custody of a peace officer. 22
(2) Any person exercising any authority granted in subsection (1) of this section may 23
use a reasonable amount of force necessary to protect himself or herself and to 24
prevent the escape of the person detained or the loss of goods for sale. Except as 25
provided in KRS Chapter 503, deadly force shall not be justified solely to protect 26
property. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(3) The recovery of goods taken from the mercantile establishment by the person 1
detained or by others shall not limit the right of the persons named in subsection (1) 2
of this section to detain such person for peace officers or otherwise accomplish the 3
purposes of subsection (1) of this section. 4
(4)[(3)] Any person enumerated in subsection (1) of this section shall be immune 5
from criminal liability and shall only be subject to civil liability for failing to 6
exercise reasonable care for any authority granted under this section. 7
(5) Any peace officer may arrest without warrant any person he or she has probable 8
cause to believe[for believing] has committed larceny in retail or wholesale 9
establishments. 10
Section 32. KRS 439.3401 is amended to read as follows: 11
(1) As used in this section, "violent offender" means any person who has been 12
convicted of or pled guilty to: 13
(a) The commission or attempted commission of: 14
1.[(a)] A capital offense; 15
2.[(b)] A Class A felony; or 16
3. A felony sexual offense described in KRS Chapter 510; or 17
(b) Commission of: 18
1.[(c)] A [Class B ]felony involving the death of the victim or serious 19
physical injury to a victim; 20
[(d) An offense described in KRS 507.040 or 507.050 where the offense involves 21
the killing of a peace officer, firefighter, or emergency medical services 22
personnel while the peace officer, firefighter, or emergency medical services 23
personnel was acting in the line of duty; 24
(e) A Class B felony involving criminal attempt to commit murder under KRS 25
506.010 if the victim of the offense is a clearly identifiable peace officer, 26
firefighter, or emergency medical services personnel acting in the line of duty, 27 UNOFFICIAL COPY 24 RS HB 5/VO
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regardless of whether an injury results; 1
(f) The commission or attempted commission of a felony sexual offense 2
described in KRS Chapter 510;] 3
2.[(g)] Use of a minor in a sexual performance as described in KRS 4
531.310; 5
3.[(h)] Promoting a sexual performance by a minor as described in KRS 6
531.320; 7
4.[(i)] Unlawful transaction with a minor in the first degree as described 8
in KRS 530.064(1)(a); 9
5.[(j)] Human trafficking under KRS 529.100 involving commercial 10
sexual activity where the victim is a minor; 11
6.[(k)] Criminal abuse in the first degree as described in KRS 508.100; 12
7.[(l)] Burglary in the first degree accompanied by the commission or 13
attempted commission of an assault as described in KRS 508.010, 14
508.020, 508.032, or 508.060; 15
8.[(m)] Burglary in the first degree accompanied by commission or 16
attempted commission of kidnapping as described in[prohibited by] 17
KRS 509.040; 18
9. Burglary in the first degree as described in KRS 511.020, if a person 19
other than a participant in the crime was present in the building 20
during the commission of the offense; 21
10.[(n)] Robbery in the first degree as described in KRS 515.020;[ or] 22
11.[(o)] Robbery in the second degree as described in KRS 515.030; 23
12. Incest as described in KRS 530.020(2)(b) or (c); 24
13. Arson in the first degree as described in KRS 513.020; 25
14. Strangulation in the first degree as described in KRS 508.170; 26
15. Carjacking as described in Section 9 of this Act; 27 UNOFFICIAL COPY 24 RS HB 5/VO
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16. A Class C felony violation of promoting contraband in the first degree 1
as described in Section 15 of this Act; or 2
17. Wanton endangerment in the first degree as described in Section 40 of 3
this Act involving the discharge of a firearm. 4
(2) The court shall designate in its judgment if: 5
(a) The victim suffered death or serious physical injury; and 6
(b) A person other than a participant in the crime was present in the building 7
during the commission of burglary in the first degree. 8
(3)[(2)] A violent offender who has been convicted of a capital offense and who has 9
received a life sentence [(]and has not been sentenced to twenty-five (25) years 10
without parole or imprisonment for life without benefit of probation or parole[)], or 11
a Class A felony and receives a life sentence, or to death and his or her sentence is 12
commuted to a life sentence shall not be released on probation or parole until he or 13
she has served at least twenty (20) years in the penitentiary. Violent offenders may 14
have a greater minimum parole eligibility date than other offenders who receive 15
longer sentences, including a sentence of life imprisonment. 16
(4)[(3)] [(a) ]A violent offender [who has been convicted of a capital offense or 17
Class A felony ]with a sentence of a term of years [or Class B felony ]shall not be 18
released on probation, shock probation, [or ]parole, conditional discharge, or other 19
form of early release until he or she has served at least eighty-five percent (85%) 20
of the sentence imposed. 21
[(b) A violent offender who has been convicted of a violation of KRS 507.040 22
where the victim of the offense was clearly identifiable as a peace officer, a 23
firefighter, or emergency medical services personnel, and the victim was 24
acting in the line of duty shall not be released on probation or parole until he 25
or she has served at least eighty-five percent (85%) of the sentence imposed. 26
(c) A violent offender who has been convicted of a violation of KRS 507.040 or 27 UNOFFICIAL COPY 24 RS HB 5/VO
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507.050 where the victim of the offense was a peace officer, a firefighter, or 1
emergency medical services personnel, and the victim was acting in the line 2
of duty shall not be released on probation or parole until he or she has served 3
at least fifty percent (50%) of the sentence imposed. 4
(d) Any offender who has been convicted of a homicide or fetal homicide offense 5
under KRS Chapter 507 or 507A in which the victim of the offense died as 6
the result of an overdose of a Schedule I controlled substance and who is not 7
otherwise subject to paragraph (a), (b), or (c) of this subsection shall not be 8
released on probation, shock probation, parole, conditional discharge, or other 9
form of early release until he or she has served at least fifty percent (50%) of 10
the sentence imposed.] 11
(5)[(4)] A violent offender shall only[not] be awarded [any ]credit on his or her 12
sentence authorized by KRS 197.045(1)(a)1.[(b)1. In no event shall a violent 13
offender be given credit on his or her sentence if the credit reduces the term of 14
imprisonment to less than eighty-five percent (85%) of the sentence.] 15
(6)[(5)] This section shall not apply to a person who has been determined by a court to 16
have been a victim of domestic violence or abuse pursuant to KRS 533.060 with 17
regard to the offenses involving the death of the victim or serious physical injury to 18
the victim. The provisions of this subsection shall not extend to rape in the first 19
degree or sodomy in the first degree by the defendant. 20
(7)[(6)] This section shall apply only to those persons who commit offenses after July 21
15, 1998. 22
(8)[(7)] For offenses committed prior to July 15, 1998, the version of this statute in 23
effect immediately prior to that date shall continue to apply. 24
(9)[(8)] The provisions of subsection (1) of this section extending the definition of 25
"violent offender" to persons convicted of or pleading guilty to robbery in the first 26
degree shall apply only to persons whose crime was committed after July 15, 2002. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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Section 33. KRS 525.045 is amended to read as follows: 1
(1) A person is guilty of the separate offense of terrorism if conviction of the 2
underlying offense committed would classify the person as a violent offender under 3
KRS 439.3401(1)(a)[,] or (b)[, (c), or (d)], or the underlying offense was an offense 4
under KRS 527.200, 527.205, or 527.210 and the person had the intent to: 5
(a) Intimidate the civilian population at large, or an identifiable group of the 6
civilian population; or 7
(b) Influence, through intimidation, the conduct or activities of the government of 8
the United States, the Commonwealth, any other state, or any unit of local 9
government. 10
(2) A conviction of terrorism shall be punishable by a term of imprisonment for life 11
without benefit of probation or parole. An offense under this section is a separate 12
offense from the underlying offense and shall not merge with other offenses. 13
(3) A person convicted under this section shall not be released on probation, shock 14
probation, parole, conditional discharge, or any other form of conditional release. 15
(4) (a) All real and personal property used or intended for use in the course of, 16
derived from, or realized through an offense punishable pursuant to this 17
section shall be subject to lawful seizure and forfeiture to the Commonwealth 18
as set forth in KRS 218A.405 to 218A.460, except that any property seized 19
and forfeited to the Commonwealth under this section that was used in an act 20
of terror, as defined in KRS 411.025, shall be held for at least five (5) years 21
for the purposes of paying any damages awarded under KRS 411.025. 22
(b) Notwithstanding paragraph (a) of this subsection, any real or personal 23
property: 24
1. Taken by a lender in good faith as collateral for the extension of credit 25
and recorded as provided by law; 26
2. Of an owner who made a bona fide purchase of the property; or 27 UNOFFICIAL COPY 24 RS HB 5/VO
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3. Of a person with rightful possession of the property; 1
shall not be subject to forfeiture unless the lender, owner, or person had 2
knowledge of an offense under this section. 3
(5) Damages awarded pursuant to a successful claim under KRS 411.025 may be paid 4
by property lawfully seized and forfeited under this section. 5
Section 34. KRS 508.075 is amended to read as follows: 6
(1) A person is guilty of terroristic threatening in the first degree when he or she: 7
(a) Intentionally makes false statements that he or she or another person has 8
placed a weapon of mass destruction on: 9
1. The real property or any building of any public or private elementary or 10
secondary school, vocational school, or institution of postsecondary 11
education; 12
2. A school bus or other vehicle owned, operated, or leased by a school; 13
3. The real property or any building public or private that is the site of an 14
official school-sanctioned function; 15
4. The real property or any building owned or leased by a government 16
agency;[ or] 17
5. The real property or any building owned or leased by a domestic 18
violence shelter as defined in KRS 511.085;[ or] 19
6. Any workplace; or 20
7. The real property or any building public or private that is the site of 21
any gathering of three (3) or more persons; or 22
(b) Intentionally and without lawful authority, places a counterfeit weapon of 23
mass destruction at any location or on any object specified in paragraph (a) of 24
this subsection. 25
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is 26
placed, with the written permission of the chief officer of the school or other 27 UNOFFICIAL COPY 24 RS HB 5/VO
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institution, as a part of an official training exercise and is placed by a public 1
servant, as defined in KRS 522.010. 2
(3) A person is not guilty of commission of an offense under this section if he or she, 3
innocently and believing the information to be true, communicates a threat made by 4
another person to school personnel, domestic violence shelter personnel, a peace 5
officer, a law enforcement agency, a public agency involved in emergency 6
response, or a public safety answering point and identifies the person from whom 7
the threat was communicated, if known. 8
(4) Terroristic threatening in the first degree is a Class C felony. 9
Section 35. KRS 508.078 is amended to read as follows: 10
(1) A person is guilty of terroristic threatening in the second degree when, other than as 11
provided in KRS 508.075, he or she intentionally: 12
(a) With respect to any scheduled, publicly advertised event open to the public, 13
any place of worship,[ or] any school function, any workplace, or any 14
gathering of three (3) or more persons, threatens to commit by any means, 15
including by use of a firearm, any act likely to result in death or serious 16
physical injury to any person[ at a scheduled, publicly advertised event open 17
to the public, any person at a place of worship, or any student group, teacher, 18
volunteer worker, or employee of a public or private elementary or secondary 19
school, vocational school, or institution of postsecondary education, or to any 20
other person reasonably expected to lawfully be on school property or at a 21
school-sanctioned activity, if the threat is related to their employment by a 22
school, or work or attendance at school, or a school function]. A threat 23
directed at a person or persons at a scheduled, publicly advertised event open 24
to the public, place of worship,[ or] school, workplace, or gathering of three 25
(3) or more persons does not need to identify a specific person or persons or 26
school in order for a violation of this section to occur; 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(b) Makes false statements by any means, including by electronic 1
communication, indicating that an act likely to result in death or serious 2
physical injury is occurring or will occur for the purpose of: 3
1. Causing evacuation of a school building, school property, or school-4
sanctioned activity; 5
2. Causing cancellation of school classes or school-sanctioned activity; or 6
3. Creating fear of death or serious physical injury among students, 7
parents, or school personnel; 8
(c) Makes false statements that he or she has placed a weapon of mass destruction 9
at any location other than one specified in KRS 508.075; or 10
(d) Without lawful authority places a counterfeit weapon of mass destruction at 11
any location other than one specified in KRS 508.075. 12
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is 13
placed as part of an official training exercise by a public servant, as defined in KRS 14
522.010. 15
(3) A person is not guilty of commission of an offense under this section if he or she, 16
innocently and believing the information to be true, communicates a threat made by 17
another person to school personnel, a peace officer, a law enforcement agency, a 18
public agency involved in emergency response, or a public safety answering point 19
and identifies the person from whom the threat was communicated, if known. 20
(4) Except as provided in subsection (5) of this section, terroristic threatening in the 21
second degree is a Class D felony. 22
(5) Terroristic threatening in the second degree is a Class C felony when, in addition to 23
violating subsection (1) of this section, the person intentionally engages in 24
substantial conduct required to prepare for or carry out the threatened act, including 25
but not limited to gathering weapons, ammunition, body armor, vehicles, or 26
materials required to manufacture a weapon of mass destruction. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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Section 36. KRS 158.155 is amended to read as follows: 1
(1) Any school employee who knows or has reasonable cause to believe that a person 2
has made threats or plans of violence which are intended to target a school or 3
students or who knows that a firearm is present on school property in violation of 4
KRS 527.070 shall immediately cause a report to be made pursuant to subsection 5
(10) of this section. 6
(2) Any school employee shall immediately report pursuant to subsection (10) of this 7
section any act which the employee has a reasonable cause to believe has 8
occurred on school property or at a school-sponsored or sanctioned event 9
involving: 10
(a) Assault resulting in serious physical injury; 11
(b) A sexual offense; 12
(c) Kidnapping; 13
(d) Assault with the use of a weapon; 14
(e) Possession of a firearm or deadly weapon in violation of the law; 15
(f) The use, possession, or sale of a controlled substance in violation of the 16
law; or 17
(g) Damage to property. 18
(3) Any school employee who receives information from a student or other person of 19
conduct which is required to be reported under subsection (1) or (2) of this 20
section shall report the conduct pursuant to subsection (10) of this section. 21
(4) If a student has been adjudicated guilty of an offense specified in this subsection or 22
has been expelled from school for an offense specified in this subsection, prior to a 23
student's admission to any school, the parent, guardian, principal, or other person or 24
agency responsible for a student shall provide to the school a sworn statement or 25
affirmation indicating on a form provided by the Kentucky Board of Education that 26
the student has been adjudicated guilty or expelled from school attendance at a 27 UNOFFICIAL COPY 24 RS HB 5/VO
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public or private school in this state or another state for homicide, assault, or an 1
offense in violation of state law or school regulations relating to weapons, alcohol, 2
or drugs. The sworn statement or affirmation shall be sent to the receiving school 3
within five (5) working days of the time when the student requests enrollment in the 4
new school. 5
(5)[(2)] If any student who has been expelled from attendance at a public or private 6
school in this state for homicide, assault, or an offense in violation of state law or 7
school regulations relating to weapons, alcohol, or drugs requests transfer of his 8
records, those records shall reflect the charges and final disposition of the expulsion 9
proceedings. 10
(6)[(3)] If any student who is subject to an expulsion proceeding at a public or private 11
school in this state for homicide, assault, or an offense in violation of state law or 12
school regulations relating to weapons, alcohol, or drugs requests transfer of his 13
records to a new school, the records shall not be transferred until that proceeding 14
has been terminated and shall reflect the charges and any final disposition of the 15
expulsion proceedings. 16
[(4) A person who is an administrator, teacher, or other employee of a public or private 17
school shall promptly make a report to the local police department, sheriff, or the 18
Department of Kentucky State Police, by telephone or otherwise, if: 19
(a) The person knows or has reasonable cause to believe that conduct has 20
occurred which constitutes: 21
1. A misdemeanor or violation offense under the laws of this 22
Commonwealth and relates to: 23
a. Carrying, possession, or use of a deadly weapon; or 24
b. Use, possession, or sale of controlled substances; or 25
2. Any felony offense under the laws of this Commonwealth; and 26
(b) The conduct occurred on the school premises or within one thousand (1,000) 27 UNOFFICIAL COPY 24 RS HB 5/VO
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feet of school premises, on a school bus, or at a school-sponsored or 1
sanctioned event. 2
(5) A person who is an administrator, teacher, supervisor, or other employee of a public 3
or private school who receives information from a student or other person of 4
conduct which is required to be reported under subsection (1) of this section shall 5
report the conduct in the same manner as required by that subsection.] 6
(7)[(6)] Neither the husband-wife privilege of KRE 504 nor any professional-client 7
privilege, including those set forth in KRE 506 and 507, shall be a ground for 8
refusing to make a report required under this section or for excluding evidence in a 9
judicial proceeding of the making of a report and of the conduct giving rise to the 10
making of a report. However, the attorney-client privilege of KRE 503 and the 11
religious privilege of KRE 505 are grounds for refusing to make a report or for 12
excluding evidence as to the report and the underlying conduct. 13
(8)[(7)] Nothing in this section shall be construed as to require self-incrimination. 14
(9)[(8)] A person acting upon reasonable cause in the making of a report under this 15
section in good faith shall be immune from any civil or criminal liability that might 16
otherwise be incurred or imposed from: 17
(a) Making the report; and 18
(b) Participating in any judicial proceeding that resulted from the report. 19
(10) Notice required pursuant to this section shall be given to any law enforcement 20
agency created by the local board of education, and to: 21
(a) A local law enforcement agency not created by the local board of education; 22
or 23
(b) The Department of Kentucky State Police. 24
(11) Any person who intentionally violates the provisions of this section shall be guilty 25
of a: 26
(a) Class B misdemeanor for the first offense; 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(b) Class A misdemeanor for the second offense; and 1
(c) Class D felony for the third or subsequent offense. 2
Section 37. KRS 158.148 is amended to read as follows: 3
(1) (a) As used in this section, "bullying" means any unwanted verbal, physical, or 4
social behavior among students that involves a real or perceived power imbalance 5
and is repeated or has the potential to be repeated: 6
1. That occurs on school premises, on school-sponsored transportation, or 7
at a school-sponsored event; or 8
2. That disrupts the education process. 9
(b) This definition shall not be interpreted to prohibit civil exchange of opinions 10
or debate or cultural practices protected under the state or federal Constitution 11
where the opinion expressed does not otherwise materially or substantially 12
disrupt the education process. 13
(2) In cooperation with the Kentucky Education Association, the Kentucky School 14
Boards Association, the Kentucky Association of School Administrators, the 15
Kentucky Association of Professional Educators, the Kentucky Association of 16
School Superintendents, the Parent-Teachers Association, the Kentucky Chamber 17
of Commerce, the Farm Bureau, members of the Interim Joint Committee on 18
Education, and other interested groups, and in collaboration with the Center for 19
School Safety, the Department of Education shall develop or update as needed and 20
distribute to all districts by August 31 of each even-numbered year, beginning 21
August 31, 2008: 22
(a) Statewide student discipline guidelines to ensure safe schools, including the 23
definition of serious incident for the reporting purposes as identified in KRS 24
158.444; 25
(b) Recommendations designed to improve the learning environment and school 26
climate, parental and community involvement in the schools, and student 27 UNOFFICIAL COPY 24 RS HB 5/VO
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achievement; and 1
(c) A model policy to implement the provisions of this section and KRS 158.156, 2
158.444, 525.070, and 525.080. 3
(3) The department shall obtain statewide data on major discipline problems and 4
reasons why students drop out of school. In addition, the department, in 5
collaboration with the Center for School Safety, shall identify successful strategies 6
currently being used in programs in Kentucky and in other states and shall 7
incorporate those strategies into the statewide guidelines and the recommendations 8
under subsection (2) of this section. 9
(4) Copies of the discipline guidelines shall be distributed to all school districts. The 10
statewide guidelines shall contain broad principles and legal requirements to guide 11
local districts in developing their own discipline code and school councils in the 12
selection of discipline and classroom management techniques under KRS 13
158.155[158.154]; and in the development of the district-wide safety plan. 14
(5) (a) Each local board of education shall be responsible for formulating a code of 15
acceptable behavior and discipline to apply to the students in each school 16
operated by the board. The code shall be updated no less frequently than every 17
two (2) years, with the first update being completed by November 30, 2008. 18
(b) The superintendent, or designee, shall be responsible for overall 19
implementation and supervision, and each school principal shall be 20
responsible for administration and implementation within each school. Each 21
school council shall select and implement the appropriate discipline and 22
classroom management techniques necessary to carry out the code. The board 23
shall establish a process for a two-way communication system for teachers 24
and other employees to notify a principal, supervisor, or other administrator of 25
an existing emergency. 26
(c) The code shall prohibit bullying. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(d) The code shall contain the type of behavior expected from each student, the 1
consequences of failure to obey the standards, and the importance of the 2
standards to the maintenance of a safe learning environment where orderly 3
learning is possible and encouraged. 4
(e) The code shall contain: 5
1. Procedures for identifying, documenting, and reporting incidents of 6
bullying, incidents of violations of the code, and incidents for which 7
reporting is required under KRS 158.156; 8
2. Procedures for investigating and responding to a complaint or a report of 9
bullying or a violation of the code, or of an incident for which reporting 10
is required under KRS 158.156, including reporting incidents to the 11
parents, legal guardians, or other persons exercising custodial control or 12
supervision of the students involved; 13
3. A strategy or method of protecting from retaliation a complainant or 14
person reporting an incident of bullying, a violation of the code, or an 15
incident for which reporting is required under KRS 158.156; 16
4. A process for informing students, parents, legal guardians, or other 17
persons exercising custodial control or supervision, and school 18
employees of the requirements of the code and the provisions of this 19
section and KRS 158.156, 158.444, 525.070, and 525.080, including 20
training for school employees; and 21
5. Information regarding the consequences of bullying and violating the 22
code and violations reportable under KRS 158.155[158.154], 158.156, 23
or 158.444. 24
(f) The principal of each school shall apply the code of behavior and discipline 25
uniformly and fairly to each student at the school without partiality or 26
discrimination. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(g) A copy of the code of behavior and discipline adopted by the board of 1
education shall be posted at each school. Guidance counselors shall be 2
provided copies for discussion with students. The code shall be referenced in 3
all school handbooks. All school employees and parents, legal guardians, or 4
other persons exercising custodial control or supervision shall be provided 5
copies of the code. 6
Section 38. KRS 506.040 is amended to read as follows: 7
(1) A person having the intention of promoting or facilitating the commission of a 8
crime is guilty of criminal conspiracy when he: 9
(a) Agrees with one (1) or more persons that at least one (1) of them will engage 10
in conduct constituting that crime or an attempt or solicitation to commit such 11
a crime; or 12
(b) Agrees to aid one or more persons in the planning or commission of that 13
crime or an attempt or solicitation to commit such a crime. 14
(2) Except as provided in subsection (3) of this section, or in a specific statute to the 15
contrary, a criminal conspiracy is a: 16
(a) Class C felony when the conspiratorial agreement is a violation of KRS 17
521.020 or 521.050; 18
(b) Class B felony when the object of the conspiratorial agreement is a Class A 19
felony or capital offense; 20
(c) Class C felony when the object of the conspiratorial agreement is a Class B 21
felony; 22
(d) Class A misdemeanor when the object of the conspiratorial agreement is a 23
Class C or D felony; 24
(e) Class B misdemeanor when the object of the conspiratorial agreement is a 25
misdemeanor. 26
(3) Any person who is eighteen (18) years of age or older who engages in a criminal 27 UNOFFICIAL COPY 24 RS HB 5/VO
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conspiracy with a minor shall be charged one (1) level higher than the level 1
provided for the offense which is the object of the conspiratorial agreement. 2
Section 39. KRS 218A.1402 is amended to read as follows: 3
Except as provided in subsection (3) of Section 38 of this Act, any person who commits 4
a criminal conspiracy as defined in KRS 506.040 to commit any offense in this chapter 5
shall be subject to the same penalties as provided for the underlying offense as specified 6
in this chapter. 7
Section 40. KRS 508.060 is amended to read as follows: 8
(1) A person is guilty of wanton endangerment in the first degree when, under 9
circumstances manifesting extreme indifference to the value of human life, he or 10
she wantonly engages in conduct which creates a substantial danger of death or 11
serious physical injury to another person. 12
(2) Wanton endangerment in the first degree is a Class D felony, unless the person 13
discharges a firearm in the commission of the offense, in which case it is a Class 14
C felony. 15
Section 41. KRS 524.040 is amended to read as follows: 16
(1) A person is guilty of intimidating a participant in the legal process when, by use of 17
harassing communications as described in KRS 525.080, physical force, or a 18
threat directed to a person he or she believes to be a participant in the legal process, 19
he or she: 20
(a) Influences, or attempts to influence, the testimony, vote, decision, or opinion 21
of that person; 22
(b) Induces, or attempts to induce, that person to avoid legal process summoning 23
him or her to testify; 24
(c) Induces, or attempts to induce, that person to absent himself or herself from 25
an official proceeding to which he has been legally summoned; 26
(d) Induces, or attempts to induce, that person to withhold a record, document, or 27 UNOFFICIAL COPY 24 RS HB 5/VO
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other object from an official proceeding; 1
(e) Induces, or attempts to induce, that person to alter, destroy, mutilate, or 2
conceal an object with intent to impair the object's integrity or availability for 3
use in an official proceeding; or 4
(f) Hinders, delays, or prevents the communication to a law enforcement officer 5
or judge of information relating to the possible commission of an offense or a 6
violation of conditions of probation, parole or release pending judicial 7
proceedings. 8
(2) For purposes of this section: 9
(a) An official proceeding need not be pending or about to be instituted at the 10
time of the offense; and 11
(b) The testimony, record, document, or other object need not be admissible in 12
evidence or free of a claim of privilege. 13
(3) Intimidating a participant in the legal process is a Class D felony. 14
(4) In order for a person to be convicted of a violation of this section, the act against a 15
participant in the legal process or the immediate family of a participant in the legal 16
process shall be related to the performance of a duty or role played by the 17
participant in the legal process. 18
Section 42. KRS 439.340 is amended to read as follows: 19
(1) The board may release on parole persons confined in any adult state penal or 20
correctional institution of Kentucky or sentenced felons incarcerated in county jails 21
eligible for parole. All paroles shall issue upon order of the board duly adopted. As 22
soon as practicable after his or her admission to an adult state penal or correctional 23
institution or county jail if he or she is a sentenced felon, and at such intervals 24
thereafter as it may determine, the Department of Corrections shall obtain all 25
pertinent information regarding each prisoner, except those not eligible for parole. 26
The information shall include the results of his or her most recent risk and needs 27 UNOFFICIAL COPY 24 RS HB 5/VO
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assessment, his or her criminal record, his or her conduct, employment, and the 1
reports of physical and mental examinations that have been made. The Department 2
of Corrections shall furnish the circumstances of his or her offense, the results of 3
his or her most recent risk and needs assessment, and his or her previous social 4
history to the board. The Department of Corrections shall prepare a report on any 5
information it obtains. It shall be the duty of the Department of Corrections to 6
supplement this report with any material the board may request and submit the 7
report to the board. 8
(2) Before granting the parole of any prisoner, the board shall consider the pertinent 9
information regarding the prisoner, including the results of his or her most recent 10
risk and needs assessment, and shall have him or her appear before it for interview 11
and hearing. The board in its discretion may hold interviews and hearings for 12
prisoners convicted of Class C felonies not included within the definition of 13
"violent offender" in KRS 439.3401 and Class D felonies not included within the 14
definition of "sex crime" in KRS 17.500. The board in its discretion may request the 15
parole board of another state confining prisoners pursuant to KRS 196.610 to 16
interview eligible prisoners and make a parole recommendation to the board. A 17
parole shall be ordered only for the best interest of society and not as an award of 18
clemency, and it shall not be considered a reduction of sentence or pardon. A 19
prisoner shall be placed on parole only when arrangements have been made for his 20
or her proper employment or for his or her maintenance and care, and when the 21
board believes he or she is able and willing to fulfill the obligations of a law abiding 22
citizen. Notwithstanding any statute to the contrary, including KRS 440.330, when 23
a prisoner is otherwise eligible for parole and the board has recommended parole 24
for that prisoner for the reasons set forth in this subsection, the board may grant 25
parole to any prisoner wanted as a fugitive by any other jurisdiction, and the 26
prisoner shall be released to the detainer from that jurisdiction. Such parole shall 27 UNOFFICIAL COPY 24 RS HB 5/VO
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not constitute a relinquishment of jurisdiction over the prisoner, and the board in all 1
cases expressly reserves the right to return the prisoner to confinement in a 2
correctional institution of the Commonwealth if the prisoner violates the terms of 3
his or her parole. 4
(3) (a) A nonviolent offender convicted of a Class D felony with an aggregate 5
sentence of one (1) to five (5) years who is confined to a state penal institution 6
or county jail shall have his or her case reviewed by the Parole Board after 7
serving fifteen percent (15%) or two (2) months of the original sentence, 8
whichever is longer. 9
(b) Except as provided in this section, the board shall adopt administrative 10
regulations with respect to the eligibility of prisoners for parole, the conduct 11
of parole and parole revocation hearings and all other matters that come 12
before it, or conditions to be imposed upon parolees. Regulations governing 13
the eligibility of prisoners for parole shall be in accordance with 14
professionally accepted ideas of correction and reform and may utilize in part 15
objective, performance-based criteria and risk and needs assessment 16
information; however, nothing herein contained shall preclude the board from 17
utilizing its present regulations in conjunction with other factors involved that 18
would relate to the inmate's needs and the safety of the public. 19
(4) The board shall ensure[insure] that all sentenced felons who have longer than 20
ninety (90) days to serve in state penal institutions, halfway houses, reentry centers, 21
and county jails are considered for parole not less than sixty (60) days prior to their 22
parole eligibility date, and the Department of Corrections shall provide the 23
necessary assistance and information to the board in order for it to conduct timely 24
parole reviews. 25
(5) In addition to or in conjunction with each hearing conducted under subsection (2) of 26
this section for any prisoner convicted of a Class A, B, or C felony or a Class D 27 UNOFFICIAL COPY 24 RS HB 5/VO
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felony included within the definition of "sex crime" in KRS 17.500 and prior to the 1
granting of a parole to any such prisoner, the Parole Board shall conduct a hearing 2
of which the following persons shall receive not less than forty-five (45) nor more 3
than ninety (90) days' notice: the Commonwealth's attorney who shall notify the 4
sheriff of every county and the chief of police of every city and county in which the 5
prisoner committed any Class A, B, or C felony or a Class D felony included within 6
the definition of "sex crime" in KRS 17.500 for which he or she is imprisoned, and 7
all identified victims of the crimes or the next of kin of any victim who is deceased. 8
Notice to the Commonwealth's attorney shall be by mail, fax, or electronic means at 9
the discretion of the board, and shall be in a manner that ensures receipt at the 10
Commonwealth's[Commonwealth] attorney's business office. Notices received by 11
chiefs of police and sheriffs shall be posted in a conspicuous location where police 12
employed by the department may see it. Notices shall be posted in a manner and at 13
a time that will allow officers to make comment thereon to the Parole Board. Notice 14
to victims or their next of kin shall be made, for prisoners incarcerated prior to July 15
15, 1986, by mail, fax, or electronic means at the discretion of the board, and shall 16
be in a manner that ensures receipt by the Commonwealth's attorney, who shall 17
forward the notice promptly to the victims or their next of kin at their last known 18
address. For prisoners incarcerated on or after July 15, 1986, notice to the victims 19
or their next of kin shall be by mail from the Parole Board to their last known 20
address as provided by the Commonwealth's attorney to the Parole Board at the 21
time of incarceration of the prisoner. For prisoners incarcerated prior to April 1, 22
2021, for a Class D felony included within the definition of "sex crime" in KRS 23
17.500, notice to the victims or their next of kin shall be in a manner that ensures 24
receipt by the Commonwealth's attorney, who shall forward the notice promptly to 25
the victims or their next of kin at their last known address. For prisoners 26
incarcerated on or after April 1, 2021, for a Class D felony included within the 27 UNOFFICIAL COPY 24 RS HB 5/VO
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definition of "sex crime" in KRS 17.500, notice to the victims or their next of kin 1
shall be by mail from the Parole Board to their last known address as provided by 2
the Commonwealth's attorney to the Parole Board at the time of incarceration of the 3
prisoner. Notice to the victim or the next of kin of subsequent considerations for 4
parole after the initial consideration shall not be sent if the victim or the next of kin 5
gives notice to the board that he or she no longer wants to receive such notices. The 6
notice shall include the time, date, and place of the hearing provided for in this 7
subsection, and the name and address of a person to write if the recipient of the 8
notice desires to attend the hearing or to submit written comments. 9
(6) Persons receiving notice as provided for in subsection (5) of this section may 10
submit comments, in person or in writing, to the board upon all issues relating to 11
the parole of the prisoner. The board shall read and consider all comments prior to 12
making its parole decision, if they are received by the board not less than seven (7) 13
days before the date for the hearing. The board shall retain all comments in the 14
prisoner's permanent Parole Board file, and shall consider them in conjunction with 15
any subsequent parole decisions affecting the prisoner. In addition to officers listed 16
in subsection (5) of this section, the crime victims or the next of kin of any victim 17
who is deceased or who is disabled and cannot attend the hearing or the parent or 18
legal guardian of any victim who is a minor may attend the hearing provided for in 19
subsection (5) of this section and present oral and written comments upon all issues 20
relating to the parole of the prisoner, if they have advised the board, in writing 21
received by the board not less than seven (7) days prior to the date set for the 22
hearing, of their intention to attend the hearing. The board shall receive and 23
consider all comments, shall make a record of them which it shall retain in the 24
prisoner's permanent Parole Board file, and shall consider them in conjunction with 25
any subsequent parole decision affecting the prisoner. Persons appearing before the 26
Parole Board pursuant to this subsection may elect to make their presentations 27 UNOFFICIAL COPY 24 RS HB 5/VO
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outside of the presence of the prisoner. 1
(7) Victims of Class D felonies not included within the definition of "sex crime" in 2
KRS 17.500 may submit comments in person or in writing to the board upon all 3
issues relating to the parole of a prisoner. 4
(8) Any hearing provided for in subsections (5), (6), and (7) of this section shall be 5
open to the public unless the persons having a right to appear before the board as 6
specified in those subsections request closure of hearing for reasons of personal 7
safety, in which event the hearing shall be closed. The time, date, and location of 8
closed hearings shall not be disclosed to the public. 9
(9) Except as specifically set forth in this section, nothing in this section shall be 10
deemed to expand or abridge any existing rights of persons to contact and 11
communicate with the Parole Board or any of its members, agents, or employees. 12
(10) The unintentional failure by the Parole Board, sheriff, chief of police, or any of its 13
members, agents, or employees or by a Commonwealth's attorney or any of his or 14
her agents or employees to comply with any of the provisions of subsections (5), 15
(6), and (8) of this section shall not affect the validity of any parole decision or give 16
rise to any right or cause of action by the crime victim, the prisoner, or any other 17
person. 18
(11) No eligible sexual offender within the meaning of KRS 197.400 to 197.440 shall be 19
granted parole unless he or she has successfully completed the Sexual Offender 20
Treatment Program. 21
(12) Any prisoner who is granted parole after completion of the Sexual Offender 22
Treatment Program shall be required, as a condition of his or her parole, to 23
participate in regular treatment in a mental health program approved or operated by 24
the Department of Corrections. 25
(13) When the board grants parole contingent upon completion of a program, the 26
commissioner, or his or her designee, shall determine the most appropriate 27 UNOFFICIAL COPY 24 RS HB 5/VO
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placement in a program operated by the department or a residential or 1
nonresidential program within the community approved by the department. If the 2
department releases a parolee to a nonresidential program, the department shall 3
release the parolee only if he or she will have appropriate community housing 4
pursuant to KRS 439.3408. 5
(14) If the Parole Board does not grant parole to a prisoner, the maximum deferment for 6
a prisoner convicted of a non-violent, non-sexual Class C or Class D felony shall be 7
twenty-four (24) months. For all other prisoners who are eligible for parole: 8
(a) No parole deferment greater than five (5) years shall be ordered unless 9
approved by a majority vote of the full board; and 10
(b) No deferment shall exceed ten (10) years, except for life sentences. 11
(15) When an order for parole is issued, it shall recite the conditions thereof, which may 12
include requiring the person to participate in a specific evidence-based program 13
designed to reduce violence. 14
Section 43. KRS 533.030 is amended to read as follows: 15
(1) The conditions of probation and conditional discharge shall be such as the court, in 16
its discretion, deems reasonably necessary to ensure that the defendant will lead a 17
law-abiding life or to assist him or her to do so. The court shall provide as an 18
explicit condition of every sentence to probation or conditional discharge that the 19
defendant not commit another offense during the period for which the sentence 20
remains subject to revocation. 21
(2) When imposing a sentence of probation or conditional discharge, the court may, in 22
addition to any other reasonable condition, require that the defendant: 23
(a) Avoid injurious or vicious habits; 24
(b) Avoid persons or places of disreputable or harmful character; 25
(c) Work faithfully at suitable employment as far as possible; 26
(d) Undergo available medical or psychiatric treatment and remain in a specific 27 UNOFFICIAL COPY 24 RS HB 5/VO
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institution as required for that purpose; 1
(e) Post a bond, without surety, conditioned on performance of any of the 2
prescribed conditions; 3
(f) Support his or her dependents and meet other family responsibilities; 4
(g) Pay the cost of the proceeding as set by the court; 5
(h) Remain within a specified area; 6
(i) Report to the probation officer as directed; 7
(j) Permit the probation officer to visit him or her at his or her home or 8
elsewhere; 9
(k) Answer all reasonable inquiries by the probation officer and promptly notify 10
the probation officer of any change in address or employment; 11
(l) Submit to periodic testing for the use of controlled substances or alcohol, if 12
the defendant's record indicates a controlled substance or alcohol problem, 13
and to pay a reasonable fee, as determined by the court, which fee shall not 14
exceed the actual cost of the test and analysis and shall be paid directly to the 15
agency or agencies responsible for testing and analysis as compensation for 16
the cost of the testing and analysis, as specified by written order of the court, 17
performed under this subsection. For good cause shown, the testing fee may 18
be waived by the court; 19
(m) Use an alcohol monitoring device, as defined in KRS 431.068. All costs 20
associated with the device, including administrative and operating costs, shall 21
be paid by the defendant. If the court determines that the defendant is 22
indigent, and a person, county, or other organization has not agreed to pay the 23
costs for the defendant in an attempt to reduce incarceration expenses and 24
increase public safety, the court shall consider other conditions of probation or 25
conditional discharge provided for in this section;[ or] 26
(n) During all or part of the period of probation or conditional discharge, 27 UNOFFICIAL COPY 24 RS HB 5/VO
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participate in a global positioning monitoring system program operated by a 1
county pursuant to KRS 67.372 and 67.374 under the same terms and 2
conditions as provided in KRS 431.517; or 3
(o) Participate in a specific evidence-based program designed to reduce 4
violence. 5
(3) When imposing a sentence of probation or conditional discharge in a case where a 6
victim of a crime has suffered monetary damage as a result of the crime due to his 7
or her property having been converted, stolen, or unlawfully obtained, or its value 8
substantially decreased as a result of the crime, or where the victim suffered actual 9
medical expenses, direct out-of-pocket losses, or loss of earning as a direct result of 10
the crime, or where the victim incurred expenses in relocating for the purpose of the 11
victim's safety or the safety of a member of the victim's household, or if as a direct 12
result of the crime the victim incurred medical expenses that were paid by the 13
Cabinet for Health and Family Services, the Crime Victims Compensation Board, 14
or any other governmental entity, the court shall order the defendant to make 15
restitution in addition to any other penalty provided for the commission of the 16
offense. Payment of restitution to the victim shall have priority over payment of 17
restitution to any government agency. Restitution shall be ordered in the full 18
amount of the damages, unless the damages exceed one hundred thousand dollars 19
($100,000) or twice the amount of the gain from the commission of the offense, 20
whichever is greater, in which case the higher of these two (2) amounts shall be 21
awarded. The court may, in lieu of ordering monetary restitution, order the 22
defendant to make restitution by working for or on behalf of the victim. The court 23
shall determine the number of hours of work necessary by applying the then-24
prevailing federal minimum wage to the total amount of monetary damage caused 25
by or incidental to the commission of the crime. The court may, with the consent of 26
the agency, order the defendant to work as specified in KRS 533.070. Any work 27 UNOFFICIAL COPY 24 RS HB 5/VO
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ordered pursuant to this section shall not be deemed employment for any purpose, 1
nor shall the person performing the work be deemed an employee for any purpose. 2
Where there is more than one (1) defendant or more than one (1) victim, restitution 3
may be apportioned. Restitution shall be subject to the following additional terms 4
and conditions: 5
(a) Where property which is unlawfully in the possession of the defendant is in 6
substantially undamaged condition from its condition at the time of the taking, 7
return of the property shall be ordered in lieu of monetary restitution; 8
(b) The circuit clerk shall assess an additional fee of five percent (5%) to defray 9
the administrative costs of collection of payments or property. This fee shall 10
be paid by the defendant and shall inure to a trust and agency account which 11
shall not lapse and which shall be used to hire additional deputy clerks and 12
office personnel or increase deputy clerk or office personnel salaries, or 13
combination thereof; 14
(c) When a defendant fails to make restitution ordered to be paid through the 15
circuit clerk or a court-authorized program run by the county attorney or the 16
Commonwealth's attorney, the circuit clerk or court-authorized program shall 17
notify the court; and 18
(d) An order of restitution shall not preclude the owner of property or the victim 19
who suffered personal physical or mental injury or out-of-pocket loss of 20
earnings or support or other damages from proceeding in a civil action to 21
recover damages from the defendant. A civil verdict shall be reduced by the 22
amount paid under the criminal restitution order. 23
(4) When requiring fees for controlled substances or alcohol tests, or other fees and 24
payments authorized by this section or other statute, except restitution, to be paid by 25
the defendant, the court shall not order the payments to be paid through the circuit 26
clerk. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(5) When a defendant is sentenced to probation or conditional discharge, he or she shall 1
be given a written statement explicitly setting forth the conditions under which he 2
or she is being released. 3
(6) When imposing a sentence of probation or conditional discharge, the court, in 4
addition to conditions imposed under this section, may require as a condition of the 5
sentence that the defendant submit to a period of imprisonment in the county jail or 6
to a period of home incarceration at whatever time or intervals, consecutive or 7
nonconsecutive, the court shall determine. The time actually spent in confinement 8
or home incarceration pursuant to this provision shall not exceed twelve (12) 9
months or the maximum term of imprisonment assessed pursuant to KRS Chapter 10
532, whichever is the shorter. Time spent in confinement or home incarceration 11
under this subsection shall be credited against the maximum term of imprisonment 12
assessed for the defendant pursuant to KRS Chapter 532, if probation or conditional 13
discharge is revoked and the defendant is sentenced to imprisonment. Any 14
prohibitions against probation, shock probation, or conditional discharge under 15
KRS 533.060(2) or 532.045 shall not apply to persons convicted of a misdemeanor 16
or Class D felony and sentenced to a period of confinement or home incarceration 17
under this section. 18
Section 44. KRS 500.080 is amended to read as follows: 19
As used in the Kentucky Penal Code, unless the context otherwise requires: 20
(1) "Actor" means any natural person and, where relevant, a corporation or an 21
unincorporated association; 22
(2) "Crime" means a misdemeanor or a felony; 23
(3) "Dangerous instrument" means any instrument, including parts of the human body 24
when a serious physical injury is a direct result of the use of that part of the human 25
body, article, or substance which, under the circumstances in which it is used, 26
attempted to be used, or threatened to be used, is readily capable of causing death or 27 UNOFFICIAL COPY 24 RS HB 5/VO
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serious physical injury. "Dangerous instrument" may include a laser; 1
(4) "Deadly weapon" means any of the following: 2
(a) A weapon of mass destruction; 3
(b) Any weapon from which a shot, readily capable of producing death or other 4
serious physical injury, may be discharged; 5
(c) Any knife other than an ordinary pocket knife or hunting knife; 6
(d) Billy, nightstick, or club; 7
(e) Blackjack or slapjack; 8
(f) Nunchaku karate sticks; 9
(g) Shuriken or death star; or 10
(h) Artificial knuckles made from metal, plastic, or other similar hard material; 11
(5) "Felony" means an offense for which a sentence to a term of imprisonment of at 12
least one (1) year in the custody of the Department of Corrections may be imposed; 13
(6) "Fentanyl derivative" has the same meaning as in KRS 218A.010; 14
(7)[(6)] "Government" means the United States, any state, county, municipality, or 15
other political unit, or any department, agency, or subdivision of any of the 16
foregoing, or any corporation or other association carrying out the functions of 17
government; 18
(8)[(7)] "He" means any natural person and, where relevant, a corporation or an 19
unincorporated association; 20
(9)[(8)] "Impacted by the disaster" means the location or in reasonable proximity to 21
the location where a natural or man-made disaster has caused physical injury, 22
serious physical injury, death, or substantial damage to property or infrastructure; 23
(10)[(9)] "Laser" means any device designed or used to amplify electromagnetic 24
radiation by stimulated emission that emits a beam, other than a medical laser when 25
used in medical treatment or surgery; 26
(11)[(10)] "Law" includes statutes, ordinances, and properly adopted regulatory 27 UNOFFICIAL COPY 24 RS HB 5/VO
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provisions. Unless the context otherwise clearly requires, "law" also includes the 1
common law; 2
(12)[(11)] "Minor" means any person who has not reached the age of majority as defined 3
in KRS 2.015; 4
(13)[(12)] "Misdemeanor" means an offense, other than a traffic infraction, for which a 5
sentence to a term of imprisonment of not more than twelve (12) months can be 6
imposed; 7
(14)[(13)] "Natural or man-made disaster" means a tornado, storm, or other severe 8
weather, earthquake, flood, or fire that poses a significant threat to human health 9
and safety, property, or critical infrastructure; 10
(15)[(14)] "Offense" means conduct for which a sentence to a term of imprisonment or 11
to a fine is provided by any law of this state or by any law, local law, or ordinance 12
of a political subdivision of this state or by any law, order, rule, or regulation of any 13
governmental instrumentality authorized by law to adopt the same; 14
(16)[(15)] "Person" means a human being, and where appropriate, a public or private 15
corporation, an unincorporated association, a partnership, a government, or a 16
governmental authority; 17
(17)[(16)] "Physical injury" means substantial physical pain or any impairment of 18
physical condition; 19
(18)[(17)] "Possession" means to have actual physical possession or otherwise to 20
exercise actual dominion or control over a tangible object; 21
(19)[(18)] "Serious physical injury" means physical injury which creates a substantial 22
risk of death, or which causes serious and prolonged disfigurement, prolonged 23
impairment of health, prolonged loss or impairment of the function of any bodily 24
organ, or eye damage or visual impairment. For a child twelve (12) years of age or 25
less at the time of the injury, or for any person if the relationship between the 26
perpetrator and the victim meets the definition of a family member or member of 27 UNOFFICIAL COPY 24 RS HB 5/VO
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an unmarried couple as defined in KRS 403.720, or a dating relationship as 1
defined in KRS 456.010, a serious physical injury includes but is not limited to the 2
following: 3
(a) Bruising near the eyes, or on the head, neck, or lower back overlying the 4
kidneys; 5
(b) Any bruising severe enough to cause underlying muscle damage as 6
determined by elevated creatine kinase levels in the blood; 7
(c) Any bruising or soft tissue injury to the genitals that affects the ability to 8
urinate or defecate; 9
(d) Any testicular injury sufficient to put fertility at risk; 10
(e) Any burn near the eyes or involving the mouth, airway, or esophagus; 11
(f) Any burn deep enough to leave scarring or dysfunction of the body; 12
(g) Any burn requiring hospitalization, debridement in the operating room, IV 13
fluids, intubation, or admission to a hospital's intensive care unit; 14
(h) Rib fracture; 15
(i) Scapula or sternum fractures; 16
(j) Any broken bone that requires surgery; 17
(k) Head injuries that result in intracranial bleeding, skull fracture, or brain 18
injury; 19
(l) A concussion that results in the child becoming limp, unresponsive, or results 20
in seizure activity; 21
(m) Abdominal injuries that indicate internal organ damage regardless of whether 22
surgery is required; 23
(n) Any injury requiring surgery; 24
(o) Any injury that requires a blood transfusion; and 25
(p) Any injury requiring admission to a hospital's critical care unit; 26
(20)[(19)] "Unlawful" means contrary to law or, where the context so requires, not 27 UNOFFICIAL COPY 24 RS HB 5/VO
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permitted by law. It does not mean wrongful or immoral; 1
(21)[(20)] "Violation" means an offense, other than a traffic infraction, for which a 2
sentence to a fine only can be imposed; and 3
(22)[(21)] "Weapon of mass destruction" means: 4
(a) Any destructive device as defined in KRS 237.030, but not fireworks as 5
defined in KRS 227.700; 6
(b) Any weapon that is designed or intended to cause death or serious physical 7
injury through the release, dissemination, or impact of toxic or poisonous 8
chemicals or their precursors; 9
(c) Any weapon involving a disease organism; or 10
(d) Any weapon that is designed to release radiation or radioactivity at a level 11
dangerous to human life. 12
Section 45. KRS 514.020 is amended to read as follows: 13
(1) It is a defense to prosecution for theft that the actor: 14
(a) Was unaware that the property or service was that of another; or 15
(b) Acted under a claim of right to the property or service involved or a claim that 16
he or she had a right to acquire or dispose of it as he or she did; or 17
(c) Took property exposed for sale, intending to purchase and pay for it promptly, 18
or reasonably believing that the owner, if present, would have consented. 19
(2) It is no defense that theft was from the actor's spouse, except that misappropriation 20
of household and personal effects or other property normally accessible to both 21
spouses is theft only if it involves the property of the other spouse and only if it 22
occurs after the parties have ceased living together. 23
(3) It shall be prima facie evidence of intent to commit theft by deception when one 24
who has leased or rented the personal property of another fails to return the personal 25
property to its owner within four (4)[ten (10)] days after the lease or rental 26
agreement has expired. It shall also be prima facie evidence of intent to commit 27 UNOFFICIAL COPY 24 RS HB 5/VO
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theft by deception when one presents to the owner identification which is false, 1
fictitious or not current as to name, address, place of employment or other items of 2
identification for the purpose of obtaining the lease or rental agreement. Nothing 3
herein contained shall relieve the owner from making demand for return of property 4
so leased or rented. Notice addressed and mailed to the lessee or renter at the 5
address given at the time of the making of the lease or rental agreement shall 6
constitute proper demand. 7
Section 46. KRS 196.031 is amended to read as follows: 8
(1) The cabinet shall employ the personnel and operate and maintain data collection 9
and processing systems necessary to comply with the provisions of this section. 10
(2) The cabinet shall annually on July 1 of each year report to the Governor, the 11
Legislative Research Commission, and the Kentucky State Corrections Commission 12
on: 13
(a) The placement of prisoners within the Commonwealth's correctional system 14
by institution, whether imprisoned in a state prison or other institution, 15
including county jails, on probation, paroled, housed in halfway houses, 16
housed in reentry centers, sentenced to community service or otherwise; 17
(b) Numbers of prisoners by type of offense; 18
(c) Numbers of prisoners by number and type of prior convictions; 19
(d) Numbers of prisoners paroled by type of offense and by length of time served; 20
(e) Numbers of prisoners released through shock probation by type of offense and 21
by length of time served; 22
(f) Numbers of prisoners serving their full sentence by type of offense; 23
(g) The percentage of felony offenders on parole or some form of post-release 24
supervision who are participating or completing treatment consistent with 25
assessment results, in prison and in the community; 26
(h) The percentage of felony offenders whose reassessment results demonstrate 27 UNOFFICIAL COPY 24 RS HB 5/VO
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reductions in criminal risk factors; 1
(i) The percentage of programs that demonstrate their effectiveness in reducing 2
recidivism; 3
(j) The percentage of felony offenders on parole or some form of post-release 4
supervision, by supervision type, who: 5
1. Are employed or in school within thirty (30) days, six (6) months, and 6
one (1) year of the start of supervision; 7
2. Have had part-time employment for a minimum of six (6) months, and 8
the percentage of offenders who have had full-time employment for a 9
minimum of six (6) months; 10
3. Have housing upon release from incarceration; 11
4. Had stable housing for at least six (6) months; and 12
5. Are arrested, convicted, or returned to custody[incarcerated] within six 13
(6) months, one (1) year, and three (3) years; 14
(k) The percentage of admissions to prison by offenders under supervision at the 15
time of admission, including information regarding whether the violations 16
were criminal or technical; 17
(l) The percentage of offenders participating in each reentry program operated 18
by, or operated under contract with, the department who were arrested, 19
convicted, or returned to custody within three (3) years of their release from 20
custody, including whether they participated in the program while in 21
custody, upon release, or both, and the offense that led to the arrest, 22
conviction, or return to custody; 23
(m) The percentage of offenders who did not participate in any programs under 24
paragraph (l) of this subsection who were arrested, convicted, or returned to 25
custody within three (3) years of their release from custody. including the 26
offense that led to the arrest, conviction, or return to custody; and 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(n)[(l)] Any other data that provides information on state-funded crime 1
reduction and recidivism reduction efforts, including caseload sizes by risk 2
level, participation in treatment and intervention programming, public safety 3
outcomes, and cost effectiveness. 4
(3) The cabinet shall annually report to the Governor and to the Legislative Research 5
Commission on: 6
(a) Numbers and types of prison beds necessary to meet current population needs 7
and six (6) year projections of those needs; 8
(b) Current personnel needs of the cabinet and five (5) year projections of the 9
needs; and 10
(c) A six (6) year projection of needed capital construction, program 11
development, and anticipated requests for appropriations. 12
Section 47. KRS 520.095 is amended to read as follows: 13
(1) A person is guilty of fleeing or evading police in the first degree: 14
(a) When, while operating a motor vehicle with intent to elude or flee, the person 15
knowingly or wantonly disobeys a direction to stop his or her motor vehicle, 16
given by a person recognized to be a police officer, and at least one (1) of the 17
following conditions exists: 18
1. The person is fleeing immediately after committing an act of domestic 19
violence as defined in KRS 403.720; 20
2. The person is driving under the influence of alcohol or any other 21
substance or combination of substances in violation of KRS 189A.010; 22
3. The person is driving while his or her driver's license is suspended for 23
violating KRS 189A.010; or 24
4. By fleeing or eluding, the person is the cause, or creates substantial risk, 25
of serious physical injury or death to any person or property; or 26
(b) When, as a pedestrian, and with intent to elude or flee, the person knowingly 27 UNOFFICIAL COPY 24 RS HB 5/VO
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or wantonly disobeys an order to stop, given by a person recognized to be a 1
peace officer, and at least one (1) of the following conditions exists: 2
1. The person is fleeing immediately after committing an act of domestic 3
violence as defined in KRS 403.720; or 4
2. By fleeing or eluding, the person is the cause of[, or creates a substantial 5
risk of,] serious physical injury or death to any person or property. 6
(2) Fleeing or evading police in the first degree is a Class C[Class D] felony and the 7
defendant shall not be released on probation, shock probation, conditional 8
discharge, or parole until he or she has served at least fifty percent (50%) of the 9
sentence imposed. 10
Section 48. KRS 520.100 is amended to read as follows: 11
(1) A person is guilty of fleeing or evading police in the second degree when: 12
(a) As a pedestrian, and with intent to elude or flee[,] the person knowingly or 13
wantonly disobeys a direction to stop[,] given by a person recognized to be a 14
peace officer who has an articulable reasonable suspicion that a crime has 15
been committed by the person fleeing, and in fleeing or eluding the person is 16
the cause of[, or creates a substantial risk of,] physical injury to any person; or 17
(b) While operating a motor vehicle with intent to elude or flee, the person 18
knowingly or wantonly disobeys a recognized direction to stop his or her 19
vehicle, given by a person recognized to be a peace officer. 20
(2) No offense is committed under this section when the conduct involved constitutes a 21
failure to comply with a directive of a traffic control officer. 22
(3) Fleeing or evading police in the second degree is a Class D felony[Class A 23
misdemeanor] and the defendant shall not be released on probation, shock 24
probation, conditional discharge, or parole until he or she has served at least fifty 25
percent (50%) of the sentence imposed. 26
SECTION 49. A NEW SECTION OF KRS CHAPTER 520 IS CREATED TO 27 UNOFFICIAL COPY 24 RS HB 5/VO
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READ AS FOLLOWS: 1
(1) A person is guilty of fleeing or evading police in the third degree when, as a 2
pedestrian and with intent to elude or flee, the person knowingly or wantonly 3
disobeys a direction to stop given by a person recognized to be a peace officer, 4
and in fleeing or eluding the person creates a substantial risk of physical injury 5
to any person. 6
(2) No offense is committed under this section when the conduct involved constitutes 7
a failure to comply with a directive of a traffic control officer. 8
(3) Fleeing or evading police in the third degree is a Class A misdemeanor. 9
Section 50. KRS 532.110 is amended to read as follows: 10
(1) When multiple sentences of imprisonment are imposed on a defendant for more 11
than one (1) crime, including a crime for which a previous sentence of probation or 12
conditional discharge has been revoked, the multiple sentences shall run 13
concurrently or consecutively as the court shall determine at the time of sentence, 14
except that: 15
(a) A definite and an indeterminate term shall run concurrently and both 16
sentences shall be satisfied by service of the indeterminate term; 17
(b) The aggregate of consecutive definite terms shall not exceed one (1) year; 18
(c) 1. Except as provided in paragraph (d) of this subsection, the aggregate 19
of consecutive indeterminate terms shall not exceed in maximum length 20
the longest extended term which would be authorized by KRS 532.080 21
for the highest class of crime for which any of the sentences is imposed. 22
2. In no event shall the aggregate of consecutive indeterminate terms 23
exceed seventy (70) years; and 24
(d) The sentences of a defendant convicted of two (2) or more felony sex crimes, 25
as defined in KRS 17.500, involving two (2) or more victims shall run 26
consecutively. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(2) If the court does not specify the manner in which a sentence imposed by it is to run, 1
the sentence shall run concurrently with any other sentence which the defendant 2
must serve unless the sentence is required by subsection (3) of this section or KRS 3
533.060 to run consecutively. 4
(3) Notwithstanding any provision in this section to the contrary, if a person is 5
convicted of an offense that is committed while he is imprisoned in a penal or 6
reformatory institution, during an escape from imprisonment, or while he awaits 7
imprisonment, the sentence imposed for that offense may be added to the portion of 8
the term which remained unserved at the time of the commission of the offense. 9
The sentence imposed upon any person convicted of an escape or attempted escape 10
offense shall run consecutively with any other sentence which the defendant must 11
serve. 12
(4) Notwithstanding any provision in this chapter to the contrary, if a person is 13
convicted of an offense that is committed while he is imprisoned in a penal or 14
reformatory institution, the sentence imposed for that offense may, upon order of 15
the trial court, be served in that institution. The person may be transferred to 16
another institution pursuant to administrative regulations of the Department of 17
Corrections. 18
Section 51. KRS 514.030 is amended to read as follows: 19
(1) Except as otherwise provided in KRS 217.181, a person is guilty of theft by 20
unlawful taking or disposition when he or she unlawfully: 21
(a) Takes or exercises control over movable property of another with intent to 22
deprive him or her thereof; or 23
(b) Obtains immovable property of another or any interest therein with intent to 24
benefit himself or herself or another not entitled thereto. 25
(2) Theft by unlawful taking or disposition is a Class B misdemeanor unless: 26
(a) The property is a firearm (regardless of the value of the firearm), in which 27 UNOFFICIAL COPY 24 RS HB 5/VO
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case it is a Class D felony; 1
(b) The property is anhydrous ammonia (regardless of the value of the ammonia), 2
in which case it is a Class D felony unless it is proven that the person violated 3
this section with the intent to manufacture methamphetamine in violation of 4
KRS 218A.1432, in which case it is a Class B felony for the first offense and 5
a Class A felony for each subsequent offense; 6
(c) The property is one (1) or more controlled substances valued collectively at 7
less than ten thousand dollars ($10,000), in which case it is a Class D felony; 8
(d) The value of the property is five hundred dollars ($500) or more but less than 9
one thousand dollars ($1,000), in which case it is a Class A misdemeanor; 10
(e) The value of the property is one thousand dollars ($1,000) or more but less 11
than ten thousand dollars ($10,000), in which case it is a Class D felony; 12
(f) The person has three (3) or more convictions under paragraph (d) of this 13
subsection within the last five (5) years, in which case it is a Class D felony. 14
The five (5) year period shall be measured from the dates on which the 15
offenses occurred for which the judgments of conviction were entered; 16
(g) The value of the property is ten thousand dollars ($10,000) or more but less 17
than one million dollars ($1,000,000), in which case it is a Class C felony; 18
(h) The value of the property is one million dollars ($1,000,000) or more but less 19
than ten million dollars ($10,000,000), in which case it is a Class B felony; 20
(i) The value of the property is ten million dollars ($10,000,000) or more, in 21
which case it is a Class B felony; or 22
(j) The offense occurs during a declared emergency as defined by KRS 39A.020 23
arising from a natural or man-made disaster, within the area covered by the 24
emergency declaration, and within the area impacted by the disaster, in which 25
case the person shall be charged one (1) level higher than the level otherwise 26
specified in this subsection. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(3) Any person convicted under subsection (2)(i) of this section shall not be released on 1
probation or parole until he or she has served at least fifty percent (50%) of the 2
sentence imposed, any statute to the contrary notwithstanding. 3
(4) If any person commits two (2) or more separate offenses of theft by unlawful taking 4
or disposition within one (1) year[ninety (90) days], the offenses may be combined 5
and treated as a single offense, and the value of the property in each offense may be 6
aggregated for the purpose of determining the appropriate charge. Offenses 7
committed in different jurisdictions within the Commonwealth may be combined 8
pursuant to this subsection and tried in any jurisdiction in which venue would be 9
proper for at least one (1) of the offenses. A defendant shall not be tried in more 10
than one (1) jurisdiction for the same offense or offenses. 11
Section 52. KRS 520.015 is amended to read as follows: 12
(1) A person is guilty of attempting to escape from the penitentiary when he or she: 13
(a) Conceals himself or herself within the walls of the penitentiary;[ or ] 14
(b) Attempts to scale the enclosure surrounding the penitentiary;[ or ] 15
(c) Flees from whatever bounds he or she may be assigned, whether under guard 16
or as a trusty;[ or ] 17
(d) Escapes from a locked cell, dormitory, hospital or other lockup in the 18
penitentiary;[ or ] 19
(e) Escapes from one part of the penitentiary to another;[ or ] 20
(f) Does any other act in furtherance of an escape from the penitentiary; [or ] 21
(g) Obstructs, disables, tampers with, removes, damages, or destroys any video 22
recording or monitoring device within the penitentiary; or 23
(h) Does any act or omission constituting criminal attempt under KRS 506.010. 24
(2) Attempting to escape from the penitentiary is a Class D felony. 25
(3) No penalty provision of KRS 506.010 shall apply to an offense committed under 26
this section. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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SECTION 53. A NEW SECTION OF KRS CHAPTER 15A IS CREATED TO 1
READ AS FOLLOWS: 2
(1) The Department of Juvenile Justice shall establish in each county, or assign to 3
an existing body the responsibilities of, a local juvenile restorative justice advisory 4
committee. For counties within the same judicial district, the requirements of this 5
subsection may be satisfied through a joint committee. 6
(2) The membership of each committee shall include the following: 7
(a) The Chief District Judge; 8
(b) The county attorney; 9
(c) An assistant public advocate; 10
(d) A representative from the Department for Community Based Services; 11
(e) A representative from the Department of Juvenile Justice; 12
(f) A representative from a local law enforcement agency; 13
(g) A representative from each local school district; 14
(h) Community members reflecting the racial, socioeconomic, and other 15
diversity of the county or, in the case of a joint committee, the counties; and 16
(i) A representative from a victims advocacy group. 17
(3) Each committee shall: 18
(a) Establish sustainable programs that employ restorative practices to identify 19
the underlying causes of negative behavior and empower children, families, 20
and communities to address and prevent issues surrounding incidents of 21
negative behavior; and 22
(b) Develop and implement local restorative justice programs with an 23
established organization to serve children, youth, and families through 24
referrals from the court, the court-designated worker, the Department of 25
Juvenile Justice, public schools, or other social service agencies, or upon 26
request of a child or family. 27 UNOFFICIAL COPY 24 RS HB 5/VO
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(4) Restorative justice programs established pursuant to this section shall not allow 1
participation by a child accused or adjudicated of an offense which would classify 2
him or her as a violent offender under Section 32 of this Act. 3
(5) Each committee shall meet at least quarterly, and shall report to the Department 4
of Juvenile Justice, Office of Community and Mental Health Services. 5
Section 54. The following KRS sections are repealed: 6
512.040 Criminal mischief in the third degree. 7
158.154 Principal's duty to report certain acts to local law enforcement agency. 8
Section 55. If any provision of this Act or the application thereof to any person 9
or circumstance is held invalid, the invalidity shall not affect other provisions or 10
applications of the Act that can be given effect without the invalid provision or 11
application, and to this end the provisions of this Act are severable. 12
Section 56. Sections 12 and 13 of this Act take effect August 1, 2025. 13