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AN ACT relating to interference with a legislative proceeding. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 519 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 3 of this Act: 5
(1) "Conspire" means to engage in activity constituting a criminal conspiracy as 6
defined in KRS 506.040; 7
(2) "Facilitates" means to engage in activity constituting criminal facilitation as 8
defined in KRS 506.080; 9
(3) "General Assembly" means the Legislative Research Commission, House of 10
Representatives, Senate, or any committee, subcommittee, interim joint 11
committee, working group, or task force thereof; 12
(4) "Legislative building" means the Capitol, Capitol Annex, or other structure used 13
by the General Assembly for conducting its business; and 14
(5) "Person" means any person other than a legislator, legislative staff member, or 15
legislative officer of the House of Representatives or Senate. 16
SECTION 2. A NEW SECTION OF KRS CHAPTER 519 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) A person is guilty of interference with a legislative proceeding in the first degree 19
when, with the intent to disrupt, impede, or prevent the General Assembly from 20
conducting business, he or she: 21
(a) Knowingly engages in, conspires to engage in, or facilitates another person 22
engaging in disorderly or disruptive conduct in any legislative building; and 23
(b) The conduct disrupts, impedes, or prevents the General Assembly from 24
conducting business. 25
(2) Interference with a legislative proceeding in the first degree is: 26
(a) A Class A misdemeanor; and 27 UNOFFICIAL COPY 25 RS HB 399/VO
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(b) A Class D felony for a third or subsequent offense. 1
(3) Nothing in this section shall be construed to prohibit: 2
(a) Assembly in traditional public forums, including but not limited to the 3
Capitol rotunda and outdoor areas of the Capitol grounds; or 4
(b) Attendance at legislative meetings. 5
SECTION 3. A NEW SECTION OF KRS CHAPTER 519 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) A person is guilty of interference with a legislative proceeding in the second 8
degree when, with the intent to disrupt, impede, or prevent the General Assembly 9
from conducting business, he or she knowingly: 10
(a) Enters into or remains inside, conspires to enter into or remain inside, or 11
facilitates another person entering into or remaining inside a chamber or 12
gallery of the General Assembly, or another room inside a legislative 13
building that is set aside or designated for the use of the members of the 14
General Assembly; or 15
(b) Obstructs or impedes, conspires to obstruct or impede, or facilitates another 16
person obstructing or impeding a legislator, legislative officer, or legislative 17
staff member's ingress, egress, or movement within a legislative building. 18
(2) Interference with a legislative proceeding in the second degree is a Class B 19
misdemeanor for the first offense and a Class A misdemeanor for a second or 20
subsequent offense. 21
(3) Nothing in this section shall be construed to prohibit: 22
(a) Assembly in traditional public forums, including but not limited to the 23
Capitol rotunda and outdoor areas of the Capitol grounds; or 24
(b) Attendance at legislative meetings. 25
Section 4. KRS 431.015 is amended to read as follows: 26
(1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in 27 UNOFFICIAL COPY 25 RS HB 399/VO
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paragraphs (b), (c),[ and] (d), and (e) of this subsection, a peace officer shall 1
issue a citation instead of making an arrest for a misdemeanor committed in 2
his or her presence, if there are reasonable grounds to believe that the person 3
being cited will appear to answer the charge. The citation shall provide that 4
the defendant shall appear within a designated time. 5
(b) A peace officer may make an arrest instead of issuing a citation for a 6
misdemeanor committed in his or her presence if the misdemeanor is: 7
1. A violation of KRS Chapter 508, 510, or 527, or KRS 189A.010, 8
511.050, 511.085, 514.110, or 523.110; 9
2. An offense in which the defendant poses a risk of danger to himself, 10
herself, or another person; or 11
3. An offense in which the defendant refuses to follow the peace officer's 12
reasonable instructions. 13
(c) A peace officer shall make an arrest for violations of protective orders issued 14
pursuant to KRS 403.715 to 403.785 or an order of protection as defined in 15
KRS 456.010. 16
(d) A peace officer may make an arrest or may issue a citation for a violation of 17
KRS 508.030 which occurs in a hospital pursuant to KRS 431.005(1)(f). 18
(e) A peace officer: 19
1. May make an arrest for a violation of Section 2 or 3 of this Act; and 20
2. Shall remove a person who violates Section 2 or 3 of this Act from a 21
legislative building as defined in Section 1 of this Act when the 22
removal is requested by the: 23
a. Speaker of the House of Representatives; 24
b. Sergeant-at-Arms of the House or Representatives; 25
c. President of the Senate; 26
d. Sergeant-at-Arms of the Senate; or 27 UNOFFICIAL COPY 25 RS HB 399/VO
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e. Chair of a committee of the General Assembly. 1
(2) A peace officer may issue a citation instead of making an arrest for a violation 2
committed in his or her presence but may not make a physical arrest unless there 3
are reasonable grounds to believe that the defendant, if a citation is issued, will not 4
appear at the designated time or unless the offense charged is a violation of KRS 5
189.223, 189.290, 189.393, 189.520, 189.580, 235.240, 281.600, 511.080, or 6
525.070 committed in his or her presence or a violation of KRS 189A.010, not 7
committed in his or her presence, for which an arrest without a warrant is permitted 8
under KRS 431.005(1)(e). 9
(3) A peace officer may issue a citation when he or she has probable cause to believe 10
that the person being issued the citation has committed a misdemeanor outside of 11
his or her presence, if there are reasonable grounds to believe that the person being 12
cited will appear to answer the charge. The citation shall provide that the defendant 13
shall appear within a designated time. 14
(4) If the defendant fails to appear in response to the citation, or if there are reasonable 15
grounds to believe that he or she will not appear, a complaint may be made before a 16
judge and a warrant shall issue. 17
(5) When a physical arrest is made and a citation is issued in relation to the same 18
offense the officer shall mark on the citation, in the place specified for court 19
appearance date, the word "ARRESTED" in lieu of the date of court appearance. 20