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AN ACT relating to crimes and punishments.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO

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READ AS FOLLOWS:

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(1)

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As used in this section, "violent felony" means a felony that would classify aperson as a violent offender under Section 32 of this Act.

(2)

Notwithstanding any other provision of this chapter, a person convicted of a8

violent felony who has previously been convicted of two (2) separate violent

9felonies shall be sentenced to:

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(a)

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felony is not a capital offense; or

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(b)

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A term of imprisonment for life without benefit of probation or parole, if the

Death, or a term of imprisonment for life without benefit of probation orparole, if the felony is a capital offense.

(3)

For the purpose of determining whether a person has two (2) or more separate

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violent felony convictions, two (2) or more convictions for which the person

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served concurrent or uninterrupted consecutive terms of imprisonment shall be17deemed to be only one (1) conviction, unless one (1) of the convictions was for an

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offense committed while that person was imprisoned.

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SECTION 2. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO

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READ AS FOLLOWS:

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Notwithstanding any other provision of this chapter, or Section 32 of this Act, a person

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shall not be eligible for probation, parole, conditional discharge, conditional release, or

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any other form of release prior to the completion of his or her sentence if, in the24

commission of the offense, he or she utilized a firearm in furtherance of the crime,

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and:

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(1)

Was previously convicted of a felony;

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(2)

Knew or should have known that the firearm was stolen; orPage 1 of 78

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(3)

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Was on probation, parole, conditional discharge, conditional release, or any

2other form of release after conviction of a violent felony offense as defined in3

KRS 532.200.

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Section 3. KRS 610.070 is amended to read as follows:5(1)

All cases involving children brought before the court whose cases are under the6jurisdiction of the court shall be granted a speedy hearing and shall be dealt with by7

the court without a jury.

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(2)

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The hearings shall be conducted in a formal manner, unless specified to the contraryby other provisions of KRS Chapters 600 to 645.

(3)

The general public shall be excluded and only the immediate families or guardians

11of the parties before the court, witnesses necessary for the prosecution and defense

12of the case, the probation worker with direct interest in the case, a representative

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from the Department of Juvenile Justice, the victim, his or her parent or legal

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guardian, or if emancipated, his or her spouse, or a legal representative of either,15such persons admitted as the judge shall find have a direct interest in the case or in16

the work of the court, and such other persons as agreed to by the child and his or17

her attorney may be admitted to the hearing. A parent, legal guardian, or spouse if a18

witness shall be admitted to the hearing only during and after his or her testimony

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at the hearing, and witnesses shall be admitted to the hearing only for the duration

20of their testimony. The court may order the exclusion of a parent, legal guardian, or21

spouse, if it is shown to the satisfaction of the court that the parent, legal guardian,22or spouse may physically disrupt the proceedings or may do violence to any

23participant therein. The mere presence of a parent, legal guardian, or spouse shall24

not be deemed to be a disruption of the proceedings merely because their presence25

may make the defendant uncomfortable; the court shall find a potential for actual26

physical disruption of the proceedings before an exclusion may be granted for this27

reason.
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The court shall[may] order at least one (1) parent, guardian, or person[the2parents, guardians, or persons] exercising custodial control over the child to be3

present at any hearing or other proceeding involving the child. The court shall4

make accommodations necessary to allow the person to attend, including but not5limited to allowing remote attendance or holding hearings outside the court's

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normal operating hours.

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SECTION 4. A NEW SECTION OF KRS CHAPTER 610 IS CREATED TO

8READ AS FOLLOWS:

9(1)

At any hearing or other proceeding under KRS Chapters 630 to 645, at least one

10(1) person ordered by the court, pursuant to subsection (4) of Section 3 of this

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Act, to attend hearings or proceedings involving the child shall be present. The

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court shall make reasonable accommodations to allow the person to attend.

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(2)

A person who has been excluded from a hearing pursuant to subsection (3) of

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Section 3 of this Act and has not subsequently been ordered by the court to be15

present at future proceedings shall not be charged under this section.

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(3)

If a violation of subsection (1) of this section occurs, any parent, guardian, or17other person who was ordered, pursuant to subsection (4) of Section 3 of this Act,18

to attend hearings or proceedings involving the child shall be fined not more than

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five hundred dollars ($500) or ordered to participate in up to forty (40) hours of

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community service.

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Section 5. KRS 507.030 is amended to read as follows:

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(1)

A person is guilty of manslaughter in the first degree when:
(a)

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With intent to cause serious physical injury to another person, he or she
causes the death of such person or of a third person;(b)With intent to cause the death of another person, he or she causes the death of

26such person or of a third person under circumstances which do not constitute27

murder because he or she acts under the influence of extreme emotional
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disturbance, as defined in subsection (1)(a) of KRS 507.020; [or]2(c)Through circumstances not otherwise constituting the offense of murder, he or3

she intentionally abuses another person or knowingly permits another person4of whom he or she has actual custody to be abused and thereby causes death5

to a person twelve (12) years of age or less, or who is physically helpless or6

mentally helpless; or

7(d)He or she knowingly sells fentanyl or a fentanyl derivative to another8

person, and the injection, ingestion, inhalation, or other introduction of the9fentanyl or fentanyl derivative causes the death of the person.

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(2)

Section 6. KRS 507.040 is amended to read as follows:

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Manslaughter in the first degree is a Class B felony.

(1)

A person is guilty of manslaughter in the second degree when he or she wantonly

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causes the death of another person, including but not limited to situations where the14

death results from the person's:

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(a)

Operation of a motor vehicle;

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(b)

Leaving a child under the age of eight (8) years in a motor vehicle under17

circumstances which manifest an extreme indifference to human life and18

which create a grave risk of death to the child, thereby causing the death of19

the child; [or]

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(c)

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Unlawful distribution for remuneration of a Schedule I or II controlled
substance when the controlled substance is the proximate cause of death; or

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(d)

Knowing distribution of fentanyl or a fentanyl derivative to another person

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without remuneration, and the injection, ingestion, inhalation, or other24

introduction of the fentanyl or fentanyl derivative causes the death of the25

person.

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(2)

Manslaughter in the second degree is a Class C felony.
Section 7. KRS 218A.133 is amended to read as follows:
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(1)

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As used in this section:(a)"Drug overdose" means an acute condition of physical illness, coma, mania,

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hysteria, seizure, cardiac arrest, cessation of breathing, or death which

4reasonably appears to be the result of consumption or use of a controlled

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substance, or another substance with which a controlled substance was

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combined, and that a layperson would reasonably believe requires medical

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assistance; and

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(b)

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"Good faith" does not include seeking medical assistance during the course of
the execution of an arrest warrant, or search warrant, or a lawful search.

(2)

A person shall not be charged with or prosecuted for a criminal offense prohibiting

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the possession of a controlled substance or the possession of drug paraphernalia, for12

a violation of subsection (1)(d) of Section 5 of this Act or subsection (1)(d) of

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Section 6 of this Act, or for an offense punishable under subsection (3)(c) of

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Section 8 of this Act if:

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(a)

In good faith, medical assistance with a drug overdose is sought from a public

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safety answering point, emergency medical services, a law enforcement

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officer, or a health practitioner because the person:

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1.

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person;

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2.

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3.

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Appears to be in need of emergency medical assistance and is theindividual for whom the request was made;

(b)

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Acts in concert with another person who requests emergency medical
assistance; or22

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Requests emergency medical assistance for himself or herself or another

The person remains with, or is, the individual who appears to be experiencing
a drug overdose until the requested assistance is provided; and(c)

The evidence for the charge or prosecution is obtained as a result of the drug
overdose and the need for medical assistance.
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(3)

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The provisions of subsection (2) of this section shall not extend to the investigation2and prosecution of any other crimes committed by a person who otherwise qualifies

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under this section.

4(4)

When contact information is available for the person who requested emergency

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medical assistance, it shall be reported to the local health department. Health6

department personnel shall make contact with the person who requested emergency

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medical assistance in order to offer referrals regarding substance abuse treatment, if

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appropriate.

9(5)

A law enforcement officer who makes an arrest in contravention of this section

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shall not be criminally or civilly liable for false arrest or false imprisonment if the

11arrest was based on probable cause.

12Section 8. KRS 218A.1412 is amended to read as follows:

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(1)

A person is guilty of trafficking in a controlled substance in the first degree when14

he or she knowingly and unlawfully traffics in:

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(a)

Four (4) grams or more of cocaine;

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(b)

Two (2) grams or more of methamphetamine;

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(c)

Ten (10) or more dosage units of a controlled substance that is classified in

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Schedules I or II and is a narcotic drug, or a controlled substance analogue;

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(d)

Any quantity of heroin, fentanyl, carfentanil, or fentanyl derivatives; lysergic

20acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB),

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including its salts, isomers, salts of isomers, and analogues; or flunitrazepam,

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including its salts, isomers, and salts of isomers; or

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(e)

Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of

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this subsection in an amount less than the amounts specified in those25

paragraphs.

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(2)

The amounts specified in subsection (1) of this section may occur in a single
transaction or may occur in a series of transactions over a period of time not toPage 6 of 78

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1exceed ninety (90) days that cumulatively result in the quantities specified in this2

section.

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(3)

(a)

Any person who violates the provisions of subsection (1)(a), (b), (c), or (d) of

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this section shall be guilty of a Class C felony for the first offense and a Class

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B felony for a second or subsequent offense.

6(b)

Any person who violates the provisions of subsection (1)(e) of this section

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shall be guilty of a Class D felony for the first offense and a Class C felony

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for a second or subsequent offense.

9(c)

If the substance is fentanyl or a fentanyl derivative, and the injection,

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ingestion, inhalation, or other introduction of the fentanyl or fentanyl

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derivative causes the death of a person, the penalty for the offense shall be

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one (1) level higher than the level otherwise specified in this section.

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(d)

Any person convicted of a Class C felony offense or higher under this section

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shall not be released on probation, shock probation, parole, conditional

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discharge, or other form of early release until he or she has served at least fifty

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percent (50%) of the sentence imposed in cases where the trafficked substance17

was heroin, fentanyl, carfentanil, or fentanyl derivatives.
SECTION 9. A NEW SECTION OF KRS CHAPTER 515 IS CREATED TO

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READ AS FOLLOWS:

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(1)

A person is guilty of carjacking when he or she takes a motor vehicle in the21

possession of another without lawful authority or ownership, from the possessor's

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person or immediate presence, or from the person or immediate presence of a23

passenger of the motor vehicle, against the possessor's or passenger's will and24

with the intent to either permanently or temporarily deprive the possessor of the25

motor vehicle of his or her possession, accomplished by means of force or26

intimidation.

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(2)

Carjacking is a Class B felony.
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(3)

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A person shall not be convicted of a violation of this section and a violation of2

KRS 515.020 or KRS Chapter 514 arising from the same act.

3Section 10. KRS 512.020 is amended to read as follows:

4(1)

A person is guilty of criminal mischief in the first degree when, having no right to5

do so or any reasonable ground to believe that he or she has such right, he or she

6intentionally or wantonly:

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(a)

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Defaces, destroys, or damages any property causing pecuniary loss of five
hundred dollars ($500)[one thousand dollars ($1,000)] or more;

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(b)

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Tampers with the operations of a key infrastructure asset, as defined in KRS
511.100, in a manner that renders the operations harmful or dangerous; or

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(c)

As a tenant, intentionally or wantonly defaces, destroys, or damages

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residential rental property causing pecuniary loss of five hundred dollars

13($500)[one thousand dollars ($1,000)] or more.

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(2)

Criminal mischief in the first degree is a Class D felony, unless:(a)

The offense occurs during a declared emergency as defined by KRS 39A.020

16arising from a natural or man-made disaster, within the area covered by the17

emergency declaration, and within the area impacted by the disaster, in which

18case it is a Class C felony;

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(b)

For the first offense, if the defendant at any time prior to trial effects repair

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or replacement of the defaced, destroyed, or damaged property, makes

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complete restitution in the amount of the damage, or performs community

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service as required by the court, in which case it is a Class B misdemeanor.

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The court shall determine the number of hours of community service

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commensurate with the total amount of monetary damage caused by or25

incidental to the commission of the crime, of not less than sixty (60) hours;

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or

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(c)

For the second or subsequent offense, if the defendant at any time prior to
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trial effects repair or replacement of the defaced, destroyed, or damaged

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property, makes complete restitution in the amount of the damage, or3

performs community service as required by the court, in which case it is a

4Class A misdemeanor. The court shall determine the number of hours of

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community service commensurate with the total amount of monetary6damage caused by or incidental to the commission of the crime, of not less7than sixty (60) hours.
Section 11. KRS 512.030 is amended to read as follows:

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(1)

A person is guilty of criminal mischief in the second degree when, having no right10

to do so or any reasonable ground to believe that he or she has such right, he or she:

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(a)

Intentionally or wantonly defaces, destroys, or damages any property causing

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pecuniary loss of [five hundred dollars ($500) or more but ]less than five13

hundred dollars ($500)[one thousand dollars ($1,000)]; or

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(b)

As a tenant, intentionally or wantonly defaces, destroys, or damages

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residential rental property causing pecuniary loss of [five hundred dollars

16($500) or more but ]less than five hundred dollars ($500)[one thousand

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dollars ($1,000)].

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(2)

Criminal mischief in the second degree is a Class A misdemeanor, unless:(a)

The offense occurs during a declared emergency as defined by KRS 39A.020

20arising from a natural or man-made disaster, within the area covered by the21

emergency declaration, and within the area impacted by the disaster, in which

22case it is a Class D felony; or

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(b)

The defendant at any time prior to trial effects repair or replacement of the24

defaced, destroyed, or damaged property, makes complete restitution in the25

amount of the damage, or performs community service as required by the26

court, in which case it is a Class B misdemeanor. The court shall determine27

the number of hours of community service commensurate with the total
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1amount of monetary damage caused by or incidental to the commission of2

the crime, of not less than fifteen (15) hours.

3Section 12. KRS 149.410 is amended to read as follows:

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The Commonwealth's attorney or county attorney shall initiate and prosecute appropriate

5abatement proceedings by injunction or otherwise, for the prevention or correction of any

6condition constituting or threatening to constitute a violation of KRS 149.360 to 149.430.

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The institution or pendency of a proceeding pursuant to this section shall not bar the8

imposition of any penalties or the securing of any other relief provided by KRS 149.360

9to 149.430, 149.991, 277.990, 512.020, or Section 11 of this Act[ to 512.040], or

10administrative regulations promulgated thereunder.
Section 13. KRS 506.160 is amended to read as follows:

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(1)

If a defendant is alleged by the prosecuting attorney to have been a member of a13

criminal gang as defined in KRS 506.135, at the time of the commission of the14

offense, upon conviction of the offense there shall be a separate proceeding from

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that proceeding which resulted in the defendant's conviction if the defendant was

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convicted of:

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(a)

Assault in the fourth degree under KRS 508.030;

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(b)

Menacing under KRS 508.050;

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(c)

Wanton endangerment in the second degree under KRS 508.070;

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(d)

Terroristic threatening in the third degree under KRS 508.080;

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(e)

Stalking in the second degree under KRS 508.150;

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(f)

Unlawful imprisonment in the second degree under KRS 509.030;

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(g)

Criminal coercion under KRS 509.080;

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(h)

Criminal mischief in the second degree under KRS 512.030;

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(i)

[Criminal mischief in the third degree under KRS 512.040;

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(j)

]Obstructing governmental operations under KRS 519.020;

27(j)[(k)]Resisting arrest under KRS 520.090;
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1(k)[(l)]Riot in the second degree under KRS 525.030;

2(l)[(m)]Inciting to riot under KRS 525.040;

3(m)[(n)]Harassment under KRS 525.070;

4(n)[(o)]Harassing communications under KRS 525.080;

5(o)[(p)]

The misdemeanor offense of carrying a concealed deadly weapon in

6violation of KRS 527.020; or

7(p)[(q)]89Possession of a handgun by a minor as a first offense under KRS

527.100.
(2)

The proceeding described in subsection (1) of this section shall be conducted before

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the court sitting with the jury that found the defendant guilty of the offense unless11

the court for good cause discharges that jury and impanels a new jury for that

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purpose. If the jury determines beyond a reasonable doubt that the defendant is or13

was a member of a criminal gang, acting for the purpose of benefitting, promoting,14

or furthering the interest of a criminal gang at the time he or she committed the15

offense, he or she shall not be released for a minimum of seventy-six (76) to ninety16(90) days of the sentence imposed if the offense he or she is convicted of is17classified as a Class B misdemeanor, or for a minimum of three hundred eleven18(311) to three hundred sixty-five (365) days if the offense he or she is convicted of19

is classified as a Class A misdemeanor.

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(3)

This section shall not apply to a juvenile unless he or she has been transferred to21

Circuit Court as a youthful offender pursuant to KRS 640.010 and has on at least22

one (1) prior separate occasion been adjudicated a public offender for a felony

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offense.

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Section 14. KRS 525.220 is amended to read as follows:25

No person shall be convicted of assault on a service animal when he or she has:

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(1)

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[He has ]Also been convicted of a violation of KRS 525.125, 525.130, 512.020, or
512.030[, or 512.040] arising out of the same incident;[ or]Page 11 of 78

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(2)

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[He has ]Destroyed or treated a service animal that is injured, diseased, or sufferingor that constitutes a hazard to public safety if not destroyed;[ or]

(3)

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[He has ]Used physical force against the service animal in protection of himself,
herself, or a third person; or(4)[He has ]Used physical force without knowledge that the animal was a service

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animal.

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Section 15. KRS 520.050 is amended to read as follows:

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(1)

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A person is guilty of promoting contraband in the first degree when:(a)10

facility or a penitentiary; or

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(b)

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He or she knowingly introduces dangerous contraband into a detention

Being a person confined in a detention facility or a penitentiary, he or she
knowingly makes, obtains, or possesses dangerous contraband.

(2)

Promoting contraband in the first degree is a Class D felony, unless the dangerous

14

contraband is fentanyl, carfentanil, or a fentanyl derivative, in which case it is a

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Class C felony.

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Section 16. KRS 16.220 is amended to read as follows:

17

(1)

Subject to the duty to return confiscated firearms to innocent owners pursuant to18

KRS 500.090, all firearms confiscated by the Department of Kentucky State Police

19

and not retained for official use pursuant to KRS 500.090 shall be sold at public

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auction to:

21

(a)

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Federally licensed firearms dealers holding a license appropriate for the typeof firearm sold; or(b)

For a firearm which was used in a homicide, any person who certifies on a24

form provided by the Department of Kentucky State Police prior to placing a

25

bid that he or she will, upon completion of the auction, leave the firearm

26

with the Department of Kentucky State Police for destruction. A state or27

local government or agency thereof shall not purchase a firearm under thisPage 12 of 78
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paragraph.
(2)

Any provision of KRS Chapter 45 or 45A relating to disposition of property to the3contrary notwithstanding, the Department of Kentucky State Police shall:

4(a)Conduct any auction specified by this section;

5(b)

Retain for departmental use twenty percent (20%) of the gross proceeds from67

any auction specified by this section;[ and](c)Transfer remaining proceeds of the sale to the account of the Kentucky Office8

of Homeland Security for use as provided in subsection (5)[(4)] of this9

section; and

10

(d)

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For any sale pursuant to subsection (1)(b) of this section, destroy thefirearm.

(3)[(2)]

Prior to the sale of any firearm, the Department of Kentucky State Police shall13

make an attempt to determine if the firearm to be sold has been stolen or otherwise

14

unlawfully obtained from an innocent owner and return the firearm to its lawful

15

innocent owner, unless that person is ineligible to purchase a firearm under federal

16

law.

17

(4)[(3)]

The Department of Kentucky State Police shall receive firearms and18

ammunition confiscated by or abandoned to every law enforcement agency in

19

Kentucky. The department shall dispose of the firearms received in the manner

20

specified in subsections[subsection] (1) and (2) of this section. However, firearms

21

which are not retained for official use, returned to an innocent lawful owner, or

22transferred to another government agency or public museum shall be sold as

23

provided in subsection[subsections] (1)[ and (3)] of this section.

24(5)[(4)]The proceeds of firearms sales shall be utilized by the Kentucky Office of25

Homeland Security to provide grants to city, county, charter county, unified local

26

government, urban-county government, and consolidated local government police

27

departments; university safety and security departments organized pursuant to KRS
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1

164.950; school districts that employ special law enforcement officers as defined in2

KRS 61.900; and sheriff's departments for the purchase of:

3

(a)

4

Body armor for sworn peace officers of those departments and service
animals, as defined in KRS 525.010, of those departments;

5(b)Firearms or ammunition;

6(c)Electronic control devices, electronic control weapons, or electro-muscular

7

disruption technology; and

8

(d)

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In awarding grants under this section, the Kentucky Office of Homeland Security

10

shall give first priority to providing and replacing body armor and second priority to

11

providing firearms and ammunition, with residual funds available for the purchase12of body-worn cameras, electronic control devices, electronic control weapons, or

13electro-muscular disruption technology. Body armor purchased by the department

14

receiving grant funds shall meet or exceed the standards issued by the National

15

Institute of Justice for body armor. No police or sheriff's department shall apply for16

a grant to replace existing body armor unless that body armor has been in actual use

17

for a period of five (5) years or longer. Any department applying for grant funds for

18

body-worn cameras shall develop a policy for their use and shall submit that policy

19with its application for the grant funds to the Office of Homeland Security as part of20

the application process.

21(6)[(5)]

Body-worn cameras.

The Department of Kentucky State Police may transfer a machine gun, short-22barreled shotgun, short-barreled rifle, silencer, pistol with a shoulder stock, any

23

other weapon, or destructive device as defined by the National Firearms Act which24

is subject to registration under the National Firearms Act and is not properly

25

registered in the national firearms transfer records for those types of weapons, to the26

Bureau of Alcohol, Tobacco, and Firearms of the United States Department of27

Justice, after a reasonable attempt has been made to transfer the firearm to an
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1eligible state or local law enforcement agency or to an eligible museum and no2

eligible recipient will take the firearm or weapon. National Firearms Act firearms

3

and weapons which are properly registered and not returned to an innocent lawful

4owner or retained for official use as provided in this section shall be sold in5accordance with subsection (1)[to properly licensed dealers under subsection (3) ]6of this section.

7

SECTION 17. A NEW SECTION OF KRS CHAPTER 511 IS CREATED TO

8READ AS FOLLOWS:

9

(1)

10

For purposes of this section:(a)11

paraphernalia;

12

(b)

13

"Camp facilities" means structures for the use of camping, including but
not limited to tents, huts, temporary shelters, and vehicles; and

14

(c)

15
16

"Camp" means to pitch, erect, or occupy camp facilities, or to use camp"Camp paraphernalia" means items used for camping purposes, including
but not limited to cots, beds, sleeping bags, and hammocks.

(2)

A person is guilty of unlawful camping when he or she knowingly enters or

17

remains on a public or private street, sidewalk, area under a bridge or underpass,18

path, park, cemetery, or other area designated for use by pedestrians or vehicles,

19

including areas used for ingress or egress to businesses, homes, or public

20

buildings, with the intent to sleep or camp in that area, when the area has not

21

been designated for the purpose of sleeping or camping or the individual lacks

22

authorization to sleep or camp in the area.

23

(3)

Unlawful camping is a:

24

(a)

Violation for the first offense; and

25

(b)

Class B misdemeanor for the second and each subsequent offense, or if26
27

during the first offense the individual refuses to cease the offense.
(4)

Nothing in this section shall be construed to prohibit the customary andPage 15 of 78

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1temporary use of recreational camping areas, rest areas, or other properties that2

are specifically designated for purposes of resting or sleeping.

3(5)

Nothing in this section shall prevent a person from sleeping temporarily in his or4

her vehicle parked lawfully on a public road, street, or parking lot, where the5sleeping and parking of the vehicle at the location occur for a period of less than6

twelve (12) hours.

7

SECTION 18.

8

TO READ AS FOLLOWS:

9(1)

A NEW SECTION OF KRS CHAPTER 198A IS CREATED

Notwithstanding any statute, administrative regulation, or common law to the10contrary, appropriations from the general fund, any restricted fund, or the road11

fund shall not be expended by any state or local officer, official, employee, or

12agency for any initiatives to provide permanent housing to homeless individuals if

13

those initiatives lack behavioral and rehabilitative requirements. Behavioral and14

rehabilitative requirements shall at a minimum include requirements that the15

initiative facilitate appropriate treatment of any mental health conditions or

16

substance use disorders and prohibit criminal activity.

17

(2)

This section shall not apply to statutorily created housing programs or to18

domestic violence shelters as defined in KRS 511.085.

19

SECTION 19. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO

20

READ AS FOLLOWS:

21

A local government may designate indoor or outdoor areas with defined boundaries in22

an area zoned for commercial or industrial use, separate from any area frequently

23

used for public purposes, as a temporary camping location for unsheltered homeless

24

individuals. Any such designated area shall contain potable water and adequate

25

sanitary facilities, such as portable toilets. Any individual utilizing the designated area

26

for a permissible purpose shall not be in violation of Section 17 of this Act.

27

SECTION 20. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO
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1

READ AS FOLLOWS:

2(1)

24 RS HB 5/VO

A government official or governmental body shall not adopt or enforce any policy

3

under which it directly or indirectly prohibits or discourages the enforcement of

4

any law, order, or ordinance prohibiting unlawful camping as set forth in Section

5

17 of this Act.

6

(2)

A government official or governmental body shall not directly or indirectly

7

prohibit or discourage a peace officer or prosecuting attorney who is employed by

8or otherwise under its direction or control from enforcing any law, order, or9ordinance prohibiting unlawful camping as set forth in Section 17 of this Act.

10

(3)

11

This section shall not be interpreted or construed to:(a)12

Prohibit a policy that encourages diversion programs or offering of services
in lieu of citation or arrest;

13

(b)

Prohibit or otherwise interfere with general orders or decisions that involve

14

resource allocation or prioritization made by a governmental official or

15

governmental body;

16

(c)

Create any cause of action; or

17

(d)

Permit a peace officer to disobey an instruction, order, or command from18
19

an officer or official within his or her chain of command.
(4)

The Attorney General may bring a civil action in any court of competent

20

jurisdiction against any government official or governmental body to enjoin it

21

from violating this section.

22

(5)

The Attorney General may recover reasonable expenses incurred in any civil

23

action brought under this section, including court costs, reasonable attorney's

24

fees, investigative costs, witness fees, and deposition costs.

25

Section 21. KRS 503.080 is amended to read as follows:

26
27

(1)

The use of physical force by a defendant upon another person is justifiable when the
defendant believes that such force is immediately necessary to prevent:
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1(a)

24 RS HB 5/VO

The commission of criminal trespass, robbery, burglary, or other felony2

involving the use of force, or under those circumstances permitted pursuant to3

KRS 503.055, in a dwelling, building or upon real property in his or her

4possession or in the possession of another person for whose protection he or5

she acts;[ or]6(b)Theft, criminal mischief, or any trespassory taking of tangible, movable

7

property in his or her possession or in the possession of another person for8

whose protection he or she acts[.]; or

9(c)

The commission of unlawful camping in violation of Section 17 of this Act,

10

when:

11

1.

12

defendant;

13

2.

14

The individual engaged in unlawful camping has been told to cease;
and

15

3.

16
17

The offense is occurring on property owned or leased by the

The individual committing the offense has used force or threatened touse force against the defendant.

(2)

The use of deadly physical force by a defendant upon another person is justifiable

18

under subsection (1) of this section only when the defendant believes that the19

person against whom such force is used is:

20

(a)

21

Attempting to dispossess him or her of his or her dwelling otherwise thanunder a claim of right to its possession; or

22

(b)

Committing or attempting to commit a burglary, robbery, or other felony23

involving the use of force, or under those circumstances permitted pursuant to24

KRS 503.055, of such dwelling; or

25

(c)

26
27

Committing or attempting to commit arson of a dwelling or other building in
his or her possession.

(3)

A person does not have a duty to retreat if the person is in a place where he or she
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1

has a right to be.

2Section 22. KRS 202C.050 is amended to read as follows:3(1)

No respondent shall be involuntarily committed under this chapter unless there is a4

determination that:

5

(a)

6

The respondent presents a danger to self or others as a result of his or her
mental condition;

7

(b)

8

The respondent needs care, training, or treatment in order to mitigate or
prevent substantial physical harm to self or others;

9(c)

The respondent has a demonstrated history or recent manifestation of10

criminal behavior that has endangered or caused injury to others or has a11substantial history of involuntary hospitalizations under KRS Chapter 202A

12

or 202B prior to the commission of the charged crime; or[and]

13

(d)

14
15

A less restrictive alternative mode of treatment would endanger the safety of
the respondent or others.

(2)

When a respondent is involuntarily committed under this chapter, the cabinet shall16

place that respondent in a forensic psychiatric facility designated by the secretary.

17Section 23. KRS 186.417 is amended to read as follows:

18

(1)

The Transportation Cabinet shall issue to any felony offender, if the felony offender19

is eligible, released from the Kentucky Department of Corrections, a county jail or20

other local or regional correctional facility, if and when funds are available, or a21

Federal Bureau of Prisons facility located in Kentucky on home incarceration,

22

parole, completed service of sentence, shock probation, or pardon, a personal23

identification card or, if the felony offender is eligible, an operator's license. An

24

offender who wishes to obtain a personal identification card or operator's license

25

shall provide proper documentation to comply with the provisions of this section.

26
27

(2)

Proper documentation under subsection (1) of this section shall consist of:(a)

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(b)

2

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A copy of the offender's resident record card and parole certificate or notice ofdischarge;

3(c)

A photograph of the offender, printed on plastic card or paper; and4(d)A release letter that shall contain the offender's:

5

1.

Full legal name, subject to the information available to the Kentucky

6

Department of Corrections or a Federal Bureau of Prisons facility

7

located in Kentucky;

8

2.

Discharge/release date;93.

Signature;

104.

Social Security number;

11

5.

Date of birth;

12

6.

Present Kentucky address where he or she resides; and13

7.

Physical description.

14

(3)

The Transportation Cabinet shall issue to any felony offender, if the felony offender15

is eligible, probated or conditionally discharged by the court and under the

16

supervision of the Division of Probation and Parole or the United States Probation

17

Office, a personal identification card or, if the felony offender is eligible, an

18

operator's license. An offender who wishes to obtain a personal identification card19

or operator's license shall provide proper documentation to comply with the20

provisions of this section.

21

(4)

Proper documentation under subsection (3) of this section shall consist of:

22

(a)

The offender's certificate of birth;

23

(b)

The offender's sentencing order;

24

(c)

A photograph of the offender, printed on plastic card or paper; and

25

(d)

A notarized release letter, signed by the supervising officer verifying the26

offender's status on supervision, that shall contain the offender's:

27

1.

Full legal name, subject to the information available to the Division ofPage 20 of 78

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Probation and Parole or the United States Probation Office;2

2.

Signature;3

3.

Social Security number;

44.

Date of birth;

55.

Present Kentucky address where he or she resides; and6

6.

Physical description.

7(5)

The offender shall present the documentation identified in subsection (2) or (4) of

8

this section to the cabinet within thirty (30) calendar days from the date of the9release letter and shall be responsible for paying the fee for the personal

10

identification card or operator's license pursuant to KRS 186.531.

11

(6)

The Transportation Cabinet shall promulgate administrative regulations in

12accordance with KRS Chapter 13A to establish procedures for current inmates in13

state and federal prisons, who are deemed eligible by prison officials, to be issued

14

operator's licenses to engage in work release activities or reentry initiatives. The

15

administrative regulations shall address, at a minimum:

16

(a)

The information required for application, which shall include all information17

in paragraph (b) of this subsection which is germane to a current inmate. For

18

purposes of this paragraph, the facility in which the inmate is housed shall be

19considered the inmate's residence;

20

(b)

Required documentation from the Department of Corrections or the Federal

21

Bureau of Prisons that the inmate meets the security criteria to be eligible for22

work outside of the facility;

23

(c)

Procedures for license issuance; and

24

(d)

Restrictions on use of the license, including a requirement that the inmate

25

shall surrender the license to prison officials when the inmate is not engaged

26

in work outside the facility.

27

(7)

The cabinet shall process applications for operator's licenses and personal
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1

identification cards under this section in the same manner as in KRS 186.412 and2

186.4122.

3(8)

The Transportation Cabinet may enter into an agreement with the Kentucky

4

Department of Corrections, the United States Probation Office, or the Federal

5

Bureau of Prisons to use a mobile unit to begin the issuance process in this section.

6

Section 24. KRS 431.510 is amended to read as follows:

7
8

(1)

As used in this section:(a)1.

"Bail bondsman" means any person, partnership, or corporation

9

engaged for profit in the business of:

10a.

Furnishing bail, making bonds, or entering into undertakings, as

11surety, for the appearance of persons charged with any criminal

12

offense or violation of law or ordinance punishable by fine,13

imprisonment, or death, before any of the courts of this state; or

14

b.

15

those courts upon final disposition thereof.

16

2.

17
18

Securing the payment of fines imposed and of costs assessed by

The business of a bail bondsman is limited to the acts, transactions,and undertakings described in this paragraph and to no other; and(b)"Charitable bail organization" means an organization, including but not

19

limited to an organization exempt under Section 501(c)(3) of the Internal

20

Revenue Code, that solicits or accepts donations from the public for the21

purpose of:22

1.

Furnishing bail, making bonds, or entering into undertakings, as

23

surety, whether through direct payment or by payment through a third

24

party, for the appearance of persons charged with any criminal

25

offense or violation of law or ordinance punishable by fine,26

imprisonment, or death before any of the courts of this state; or272.

Securing the payment of fines imposed and of costs assessed by any ofPage 22 of 78

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2

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the courts of this state upon final disposition thereof.
(2)

It shall be unlawful for any person to engage in the business of bail bondsman[ as3defined in subsection (3) of this section,] or to otherwise for compensation or other4

consideration:

5(a)Furnish bail or funds or property to serve as bail; or6(b)Make bonds or enter into undertakings as surety;

7

for the appearance of persons charged with any criminal offense or violation of law

8or ordinance punishable by fine, imprisonment, or death, before any of the courts of

9this state[, including city courts], or to secure the payment of fines imposed and of10

costs assessed by such courts upon a final disposition.

11

(3)

12

It shall be unlawful for any charitable bail organization to:(a)

13

Furnish bail or funds or property to serve as bail in an amount of five
thousand dollars ($5,000) or more; or

14

(b)

15

Make bonds or enter into undertakings as surety in an amount of five
thousand dollars ($5,000) or more;

16

for the appearance of persons charged with any criminal offense or violation of17

law or ordinance punishable by fine or imprisonment before any of the courts of18

this state, or to secure the payment of fines imposed and of costs assessed by those19

courts upon a final disposition.

20

(4)

Notwithstanding subsection (3) of this section, it shall be unlawful for any

21

charitable bail organization to furnish bail or funds or property to serve as bail,22

or to make bonds or enter into undertakings as surety, regardless of amount, for23

any person:

24

(a)

Alleged to have committed an offense:25

1.

Of domestic violence and abuse as defined in KRS 403.720;

26

2.

Of dating violence and abuse as defined in KRS 456.010; or27

3.

That would classify the person as a violent offender under Section 32
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1of this Act;

2

(b)

3
(c)

5

Who has previously received bail or funds or property to serve as bail froma charitable bail organization.

(5)

7
8

Held under a civil court order or warrant issued under KRS 222.430 to222.437; or

4

6

24 RS HB 5/VO

Any person who posts bail or bond on behalf of any organization under thissection shall provide a photo identification.

(6)

A charitable bail organization shall maintain and annually report the following

9

information to the Legislative Research Commission for referral to the Interim

10

Joint Committee on Judiciary no later than October 31 of each year, and shall11

make publicly available on the organization's website, or by publishing in a

12

newspaper of general circulation that complies with the requirements of KRS

13

424.120 if the organization does not maintain a website:

14

(a)

15

The expenditures of the organization, including a separate reporting of theamount furnished for bail, or funds or property to serve as bail; and

16

(b)

The number of individuals and classification of offenses for those

17

individuals for which any bail, or funds or property to serve as bail, has

18been provided.

19

(7)

Any bond posted by a charitable organization under this section that is ordered20

forfeited as a result of the commission of a new criminal offense shall be

21

distributed to the victim of the new criminal offense, if a victim is identified.

22(8)[(2)]

Nothing contained in this section[herein] shall serve to release any bail23

bondsman previously[heretofore] licensed by this state from the obligation of

24

undischarged bail bond liability existing on June 19, 1976.

25[(3) "Bail bondsman" shall mean any person, partnership, or corporation engaged for26

profit in the business of furnishing bail, making bonds or entering into

27

undertakings, as surety, for the appearance of persons charged with any criminal
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1

offense or violation of law or ordinance punishable by fine, imprisonment, or death,2

before any of the courts of this state, or securing the payment of fines imposed and3of costs assessed by such courts upon final disposition thereof, and the business of a4bail bondsman shall be limited to the acts, transactions, and undertakings described5

in this subsection and to no other.]

6(9)[(4)]

KRS 431.510 to 431.550 shall not be construed to limit or repeal KRS

7431.021 or to prevent licensed insurers providing security required by Subtitle 39 of

8

KRS Chapter 304 and nonprofit associations from posting or causing to be posted

9by licensed insurers security or acting as surety for their insureds or members for an

10

offense arising from the operation of a motor vehicle, provided that such posting of

11

security or acting as surety is merely incidental to the terms and conditions of an

12

insurance contract or a membership agreement and provided further that no separate

13

premium or charge therefor is required from the insureds or members.

14

SECTION 25. A NEW SECTION OF KRS CHAPTER 507 IS CREATED TO

15

READ AS FOLLOWS:

16

(1)

As used in this section, "first responder" means:

17

(a)

A peace officer;

18

(b)

Paid or volunteer emergency medical services or rescue personnel;

19

(c)

A paid or volunteer member of an organized fire department; or

20

(d)

Personnel of a private nonprofit organization providing fire, rescue, or

21

emergency medical services;22
23

engaged at the time of the act in the lawful performance of his or her duties.
(2)

24
25

A person is guilty of murder of a first responder when, with the intent to cause
the death of a first responder, he or she causes the death of a first responder.

(3)

Notwithstanding KRS Chapter 532, murder of a first responder is a capital

26

offense and the person shall be sentenced to death or imprisonment for life

27

without benefit of probation or parole.
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Section 26. KRS 506.010 is amended to read as follows:1
2

24 RS HB 5/VO

(1)

A person is guilty of criminal attempt to commit a crime when, acting with the kind3of culpability otherwise required for commission of the crime, he or she:

4

(a)

5

Intentionally engages in conduct which would constitute the crime if theattendant circumstances were as he or she believes them to be; or

6(b)Intentionally does or omits to do anything which, under the circumstances as

7

he or she believes them to be, is a substantial step in a course of conduct

8

planned to culminate in his commission of the crime.

9(2)

Conduct shall not be held to constitute a substantial step under subsection (1)(b) of

10

this section unless it is an act or omission which leaves no reasonable doubt as to11

the defendant's intention to commit the crime which he or she is charged with

12

attempting.

13

(3)

A person is guilty of criminal attempt to commit a crime when he engages in

14

conduct intended to aid another person to commit that crime, although the crime is15

not committed or attempted by the other person, provided that his or her conduct

16

would establish complicity under KRS 502.020 if the crime were committed by the17other person.

18

(4)

19

A criminal attempt is a:(a)20Class C felony when the crime attempted is a violation of KRS 521.020 or
521.050;

21

(b)

22

Class B felony when the crime attempted is a Class A felony or capitaloffense;23(c)Class C felony when the crime attempted is a Class B felony;

24

(d)

Class A misdemeanor when the crime attempted is a Class C or D felony; or

25

(e)

Class B misdemeanor when the crime attempted is a misdemeanor.

26
27

(5)

Notwithstanding KRS Chapter 532, a person who has been convicted of, or
entered a plea of guilty or nolo contendere to, criminal attempt to commit murder
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1of a first responder shall be sentenced to imprisonment for:2(a)

At least twenty (20) years;

3(b)Life; or4(c)Life without benefit of probation or parole until the person has served a5minimum of twenty-five (25) years.
Section 27. KRS 532.025 is amended to read as follows:

6
7

(1)

(a)

Upon conviction of a defendant in cases where the death penalty may be

8

imposed, a hearing shall be conducted. In such hearing, the judge shall hear

9

additional evidence in extenuation, mitigation, and aggravation of

10

punishment, including the record of any prior criminal convictions and pleas

11

of guilty or pleas of nolo contendere of the defendant, or the absence of any

12prior conviction and pleas; provided, however, that only such evidence in

13

aggravation as the state has made known to the defendant prior to his or her

14

trial shall be admissible. Subject to the Kentucky Rules of Evidence, juvenile

15

court records of adjudications of guilt of a child for an offense that would be a16

felony if committed by an adult shall be admissible in court at any time the17child is tried as an adult, or after the child becomes an adult, at any

18subsequent criminal trial relating to that same person. Juvenile court records

19

made available pursuant to this section may be used for impeachment

20

purposes during a criminal trial and may be used during the sentencing phase21

of a criminal trial; however, the fact that a juvenile has been adjudicated22

delinquent of an offense that would be a felony if the child had been an adult

23

shall not be used in finding the child to be a persistent felony offender based

24

upon that adjudication. Release of the child's treatment, medical, mental, or

25

psychological records is prohibited unless presented as evidence in Circuit

26

Court. Release of any records resulting from the child's prior abuse and27

neglect under Title IV-E or IV-B of the Federal Social Security Act is also
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1prohibited. The judge shall also hear argument by the defendant or his or her

2

counsel and the prosecuting attorney, as provided by law, regarding the3punishment to be imposed. The prosecuting attorney shall open and the4defendant shall conclude the argument. In cases in which the death penalty

5

may be imposed, the judge when sitting without a jury shall follow the6

additional procedure provided in subsection (2) of this section. Upon the7

conclusion of the evidence and arguments, the judge shall impose the sentence

8or shall recess the trial for the purpose of taking the sentence within the limits

9

prescribed by law. If the trial court is reversed on appeal because of error only10

in the presentence hearing, the new trial which may be ordered shall apply

11

only to the issue of punishment.

12

(b)

In all cases in which the death penalty may be imposed and which are tried by

13

a jury, upon a return of a verdict of guilty by the jury, the court shall resume

14

the trial and conduct a presentence hearing before the jury. Such hearing shall15

be conducted in the same manner as presentence hearings conducted before

16

the judge as provided in paragraph (a) of this subsection, including the record

17of any prior criminal convictions and pleas of guilty or pleas of nolo

18

contendere of the defendant. Upon the conclusion of the evidence and19arguments, the judge shall give the jury appropriate instructions, and the jury

20

shall retire to determine whether any mitigating or aggravating circumstances,21

as defined in subsection (2) of this section, exist and to recommend a sentence

22

for the defendant. Upon the findings of the jury, the judge shall fix a sentence

23

within the limits prescribed by law.

24

(2)

In all cases of offenses for which the death penalty may be authorized, the judge

25

shall consider, or[ he or she shall] include in his or her instructions to the jury for it26

to consider, any mitigating circumstances or aggravating circumstances otherwise

27

authorized by law and any of the following statutory aggravating or mitigating
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1circumstances which may be supported by the evidence:

2

(a)

3

Aggravating circumstances:1.

The offense of murder or kidnapping was committed by a person with a4prior record of conviction for a capital offense, or the offense of murder5

was committed by a person who has a substantial history of serious

6

assaultive criminal convictions;72.

The offense of murder or kidnapping was committed while the offender8

was engaged in the commission of arson in the first degree, robbery in

9

the first degree, burglary in the first degree, rape in the first degree, or

10sodomy in the first degree;11

3.

The offender by his or her act of murder, armed robbery, or kidnapping

12

knowingly created a great risk of death to more than one (1) person in a

13

public place by means of a weapon of mass destruction, weapon, or

14other device which would normally be hazardous to the lives of more

15

than one (1) person;

164.

The offender committed the offense of murder for himself, herself, or17another, for the purpose of receiving money or any other thing of18

monetary value, or for other profit;

19

5.

The offense of murder was committed by a person who was a prisoner

20

and the victim was a prison employee engaged at the time of the act in21

the performance of his or her duties;

22

6.

23
24

The offender's act or acts of killing were intentional and resulted in
multiple deaths;

7.

The offender's act of killing was intentional and the victim was:25a.

A state or local public official; or26b.

A first responder, as defined in Section 25 of this Act[ police

27

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the lawful performance of his or her duties];2

8.

The offender murdered the victim when an emergency protective order3

or a domestic violence order was in effect, or when any other order4

designed to protect the victim from the offender, such as an order issued

5

as a condition of a bond, conditional release, probation, parole, or6

pretrial diversion, was in effect; and

7

9.

8
9

The offender's act of killing was intentional and resulted in the death ofa child under twelve (12) years old.

(b)

Mitigating circumstances:101.

The defendant has no significant history of prior criminal activity;

11

2.

The capital offense was committed while the defendant was under the

12

influence of extreme mental or emotional disturbance even though the

13

influence of extreme mental or emotional disturbance is not sufficient to14

constitute a defense to the crime;

15

3.

16
17

The victim was a participant in the defendant's criminal conduct orconsented to the criminal act;

4.

The capital offense was committed under circumstances which the18

defendant believed to provide a moral justification or extenuation for his

19

or her conduct even though the circumstances which the defendant

20

believed to provide a moral justification or extenuation for his or her

21

conduct are not sufficient to constitute a defense to the crime;

22

5.

The defendant was an accomplice in a capital offense committed by23another person and his or her participation in the capital offense was24

relatively minor;

25

6.

The defendant acted under duress or under the domination of another26

person even though the duress or the domination of another person is not

27

sufficient to constitute a defense to the crime;
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1

7.

24 RS HB 5/VO

At the time of the capital offense, the capacity of the defendant to2

appreciate the criminality of his or her conduct to the requirements of3

law was impaired as a result of mental illness or an intellectual disability

4

or intoxication even though the impairment of the capacity of the5defendant to appreciate the criminality of his or her conduct or to

6

conform the conduct to the requirements of law is insufficient to7

constitute a defense to the crime; and

8
9

8.
(3)

The youth of the defendant at the time of the crime.

The instructions as determined by the trial judge to be warranted by the evidence or10

as required by KRS 532.030(4) shall be given in charge and in writing to the jury

11for its deliberation. The jury, if its verdict be a recommendation of death, or

12

imprisonment for life without benefit of probation or parole, or imprisonment for

13

life without benefit of probation or parole until the defendant has served a minimum

14of twenty-five (25) years of his or her sentence, shall designate in writing, signed by

15

the foreman of the jury, the aggravating circumstance or circumstances which it

16

found beyond a reasonable doubt. In nonjury cases, the judge shall make such17

designation. In all cases unless at least one (1) of the statutory aggravating

18

circumstances enumerated in subsection (2) of this section is so found, the death19

penalty, or imprisonment for life without benefit of probation or parole, or the20

sentence to imprisonment for life without benefit of probation or parole until the21

defendant has served a minimum of twenty-five (25) years of his or her sentence,

22

shall not be imposed.

23Section 28. KRS 532.036 is amended to read as follows:

24
25

(1)

As used in this section:(a)"Disabled":

26

1.

Means a legal disability as is measured by functional inabilities; and27

2.

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1related trauma, and refers to any person seventeen (17) years of age or2older who is unable to make informed decisions with respect to his or3

her personal affairs to the extent that he or she lacks the capacity to

4

provide for his or her physical health and safety or the physical health5and safety of a minor child, including but not limited to health care,6food, shelter, clothing, or personal hygiene; and

7

(b)

8

"Totally and permanently disabled":
1.

Means the inability to do any substantial gainful activity by reason of9any medically determinable physical or mental impairment which can be10

expected to result in death or which has lasted or can be expected to last11

for a continuous period of not less than twelve (12) months; and122.

Includes a finding of permanent total disability by the Social Security

13

Administration that a person is disabled and qualifies for benefits or a14finding by an administrative law judge under KRS Chapter 342.

15

(2)

(a)

Notwithstanding any law to the contrary, if a defendant is convicted of a16

violation of KRS 189A.010 or Section 25 of this Act, or an attempt to17commit a violation of Section 25 of this Act, and the violation caused the18

death of a parent or guardian of a minor child or dependent or resulted in a19

finding by the court that a parent or guardian of a minor child or dependent is20

disabled or totally and permanently disabled, then the sentencing court may

21order the defendant to pay restitution in the form of financial support for the22child or dependent to each child or dependent of the victim until the child or23

dependent reaches:24

1.

Eighteen (18) years of age; or25

2.

Nineteen (19) years of age if the child or dependent is still enrolled in2627high school.
(b)

In determining an amount that is reasonable and necessary for the financial
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1support of the victim's child or dependent, the court shall consider all relevant

2factors, including the:31.

Financial needs and resources of the child or dependent;

42.

Financial resources and needs of the surviving parent or guardian of the5child or dependent;

63.

Standard of living to which the child or dependent is accustomed;

7

4.

Physical and emotional condition of the child or dependent and the8child's or dependent's educational needs;

95.

Child's or dependent's physical and legal custody arrangements; and10

6.

Reasonable child care expenses of the surviving parent or guardian.

11

(3)

The court shall order that payments made to financially support the child or

12dependent be made to the clerk of court as trustee for remittance to the child or

13

dependent's surviving parent or guardian. The clerk shall remit the payments to the14

surviving parent or guardian within three (3) working days of receipt by the clerk.

15

The clerk shall deposit all payments no later than the next working day after receipt.

16

(4)

If a defendant who is ordered to pay restitution in the form of financial support for17

the child or dependent under this section is incarcerated and unable to pay the18required restitution, the defendant shall have up to one (1) year after the release19

from incarceration to begin payment, including entering into a payment plan to20

address any arrearage.

21

(5)

If a defendant's payments to financially support the child or dependent are set to22terminate but the defendant's obligation is not paid in full, the payments to23

financially support the child or dependent shall continue until the entire arrearage is

24

paid.

25

(6)

(a)

If the surviving parent or guardian of the child or dependent brings a civil

26

action against the defendant before the sentencing court orders restitution to27

financially support the child or dependent and the surviving parent orPage 33 of 78
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1guardian obtains a judgment and full satisfaction of damages in the civil suit,2

restitution shall not be ordered under this section.

3(b)

If the court orders the defendant to pay restitution to financially support the4child or dependent under this section and the surviving parent or guardian5

subsequently brings a civil action and obtains a judgment, the restitution order

6

shall be offset by the amount of the judgment awarded and paid by the7defendant or the defendant's insurance for lost wages or permanent

8

impairment of the power to work and earn money in the civil action.
Section 29. KRS 439.320 is amended to read as follows:

9
10

(1)

(a)

11

The Governor shall appoint a Parole Board consisting of nine (9) full-timemembers to be confirmed by the Senate in accordance with KRS 11.160.

12

(b)

13

The Governor shall make each appointment from a list of three (3) names
given to him or her by the Kentucky State Corrections Commission.

14

(c)

Each member appointed to the board shall have had at least five (5) years of

15

actual experience in the field of penology, correction work, law enforcement,

16

sociology, law, education, social work, medicine, or a combination thereof, or17

have served at least five (5) years previously on the Parole Board.

18

(d)

No more than six (6) board members shall be of the same political party.

19

(e)

The board shall be attached to the Justice and Public Safety Cabinet for20

administrative purposes only. The Department of Corrections shall provide

21

any clerical, stenographic, administrative, and expert staff assistance the board

22

deems necessary to carry out its duties.

23

(2)

The Governor shall designate one (1) member as chairperson of the board. The

24

member designated as chairperson shall serve in that capacity at the pleasure of the25

Governor or until his or her term expires.

26
27

(3)

(a)

The members of the board shall give full time to the duties of their office andshall receive necessary traveling expenses and a salary to be determined
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1pursuant to KRS 64.640(2), except the chairperson of the board shall receive2

additional compensation of one thousand dollars ($1,000) per year for his or3

her services.

4(b)

The members of the board shall serve at the pleasure of the Governor, but

5for no more than four (4) years without reappointment[Their terms of office6

shall be four (4) years and until their successors are appointed and have

7

qualified]. Their successors shall be appointed thereafter as provided in this8

section.[ for terms of four (4) years, and] A vacancy occurring before

9

expiration of the term of office shall be similarly filled for the unexpired term.

10

(4)

The organization of the board shall be determined by the chairperson and shall be

11consistent with administrative regulations promulgated pursuant to KRS 439.340.

12

For policy and procedural matters, five (5) members shall constitute a quorum.

13

(5)

Parole and final parole revocation hearings may be done by panels of the board,

14

subject to the following requirements:

15

(a)

A panel shall consist of not less than three (3) and not more than six (6)16members[If a two (2) member panel is utilized, both members of the panel

17

shall agree on the decision or the matter shall be referred to the full board];

18

and

19

(b)

All members of the panel shall agree on a decision or the matter shall be20

referred to the full board[If a three (3) member panel is utilized, two (2) of21

the three (3) members of the panel shall agree on a decision or the matter shall22

be referred to the full board; and

23

(c)

24
25

If a panel of four (4) or more members is utilized, a majority of the panel shallagree on a decision or the matter shall be referred to the full board].

(6)[(5)]The Governor may not remove any member of the board except for disability,26

inefficiency, neglect of duty, or malfeasance in office. Before removal, he or she

27

shall give the member a written copy of the charges against him or her and shall fix
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1

the time when he or she can be heard in his or her defense, which shall not be less2

than ten (10) days thereafter. Upon removal, the Governor shall file in the office of3

the Secretary of State a complete statement of all charges made against the member

4

and the findings thereupon with a record of the proceedings.

5Section 30. KRS 439.330 is amended to read as follows:

6

(1)

7

The board shall:(a)8Study the case histories of persons eligible for parole, and deliberate on thatrecord;9(b)

Conduct reviews and hearings on the desirability of granting parole;

10

(c)

Impose upon the parolee or conditional releasee such conditions as it sees fit;

11

(d)

Order the granting of parole upon a two-thirds (2/3) vote of the membership12of the full board, or pursuant to subsection (5) of Section 29 of this Act;

13

(e)

Issue warrants for persons charged with violations of parole and14

postincarceration supervision and conduct hearings on such charges, subject

15

to the provisions of KRS 439.341, 532.043, and 532.400;

16

(f)

Determine the period of supervision for parolees, which period may be subject

17

to extension or reduction after recommendation of the cabinet is received and18

considered; and

19

(g)

Grant final discharge to parolees.

20

(2)

The board shall adopt an official seal of which the courts shall take judicial notice.

21

(3)

The orders of the board shall not be reviewable except as to compliance with the2223

terms of KRS 439.250 to 439.560.
(4)

The board shall keep a record of its acts, an electronic record of its meetings, a

24

written record of the votes of individual members, and the reasons for denying

25

parole to inmates. These records shall be public records in accordance with KRS

26

61.870 to 61.884. The board shall notify each institution of its decisions relating to27

the persons who are or have been confined in that institution[therein], and shall
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1submit to the Governor a report with statistical and other data of its work at the2close of each fiscal year.

3Section 31. KRS 433.236 is amended to read as follows:4(1)

A peace officer, security agent of a mercantile establishment, merchant, or

5merchant's employee who has probable cause to believe[for believing] that goods

6

held for sale by the merchant have been unlawfully taken by a person may take the7person into custody and detain him or her in a reasonable manner for a reasonable

8

length of time, on the premises of the mercantile establishment or off the premises

9of the mercantile establishment, if the persons enumerated in this section are in

10

fresh pursuit, for any[ or all] of the following purposes:

11

(a)

To request identification;

12

(b)

To verify such identification;

13

(c)

To make reasonable inquiry as to whether such person has in his or her

14

possession unpurchased merchandise, and to make reasonable investigation of15

the ownership of such merchandise;

16

(d)

17

To recover or attempt to recover goods taken from the mercantile
establishment by such person, or by others accompanying him or her; or

18

(e)

To inform a peace officer or law enforcement agency of the detention of the19

person and to surrender the person to the custody of a peace officer, and in the20case of a minor, to inform the parents, guardian, or other person having

21

custody of that minor of his or her detention, in addition to surrendering the22

minor to the custody of a peace officer.

23

(2)

Any person exercising any authority granted in subsection (1) of this section may

24

use a reasonable amount of force necessary to protect himself or herself and to25

prevent the escape of the person detained or the loss of goods for sale. Except as

26

provided in KRS Chapter 503, deadly force shall not be justified solely to protect

27

property.
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1

(3)

24 RS HB 5/VO

The recovery of goods taken from the mercantile establishment by the person

2detained or by others shall not limit the right of the persons named in subsection (1)3of this section to detain such person for peace officers or otherwise accomplish the4

purposes of subsection (1) of this section.

5(4)[(3)]

Any person enumerated in subsection (1) of this section shall be immune

6

from criminal liability and shall only be subject to civil liability for failing to

7

exercise reasonable care for any authority granted under this section.

8(5)

Any peace officer may arrest without warrant any person he or she has probable9

cause to believe[for believing] has committed larceny in retail or wholesale

10

establishments.

11Section 32. KRS 439.3401 is amended to read as follows:

12

(1)

As used in this section, "violent offender" means any person who has been

13

convicted of or pled guilty to:

14

(a)

The commission or attempted commission of:15

1.[(a)]A capital offense;16

2.[(b)]A Class A felony; or

17

3.

18

(b)

19

A felony sexual offense described in KRS Chapter 510; orCommission of:
1.[(c)]

20

A [Class B ]felony involving the death of the victim or serious

physical injury to a victim;

21[(d) An offense described in KRS 507.040 or 507.050 where the offense involves

22

the killing of a peace officer, firefighter, or emergency medical services

23

personnel while the peace officer, firefighter, or emergency medical services

24

personnel was acting in the line of duty;

25

(e)

A Class B felony involving criminal attempt to commit murder under KRS

26

506.010 if the victim of the offense is a clearly identifiable peace officer,

27

firefighter, or emergency medical services personnel acting in the line of duty,
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1
2

24 RS HB 5/VO

regardless of whether an injury results;(f)

The commission or attempted commission of a felony sexual offense

3

described in KRS Chapter 510;]

42.[(g)]

5
6

531.310;3.[(h)]

7
8

Promoting a sexual performance by a minor as described in KRS

531.320;
4.[(i)]

9
10

Use of a minor in a sexual performance as described in KRS

Unlawful transaction with a minor in the first degree as describedin KRS 530.064(1)(a);5.[(j)]

11

Human trafficking under KRS 529.100 involving commercial

sexual activity where the victim is a minor;

12

6.[(k)]

Criminal abuse in the first degree as described in KRS 508.100;

13

7.[(l)]

Burglary in the first degree accompanied by the commission or

14

attempted commission of an assault as described in KRS 508.010,

15508.020, 508.032, or 508.060;

16

8.[(m)]

Burglary in the first degree accompanied by commission or17

attempted commission of kidnapping as described in[prohibited by]18

KRS 509.040;

19

9.

Burglary in the first degree as described in KRS 511.020, if a person

20

other than a participant in the crime was present in the building

21

during the commission of the offense;22

10.[(n)]Robbery in the first degree as described in KRS 515.020;[ or]23

11.[(o)]Robbery in the second degree as described in KRS 515.030;

24

12.

Incest as described in KRS 530.020(2)(b) or (c);

25

13.

Arson in the first degree as described in KRS 513.020;

26

14.

Strangulation in the first degree as described in KRS 508.170;

27

15.

Carjacking as described in Section 9 of this Act;
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1

16.

2

A Class C felony violation of promoting contraband in the first degree
as described in Section 15 of this Act; or

3

17.

4
5

24 RS HB 5/VO

Wanton endangerment in the first degree as described in Section 40 of
this Act involving the discharge of a firearm.

(2)

The court shall designate in its judgment if:

6(a)

The victim suffered death or serious physical injury; and7(b)A person other than a participant in the crime was present in the building

8
9

during the commission of burglary in the first degree.
(3)[(2)]A violent offender who has been convicted of a capital offense and who has

10received a life sentence [(]and has not been sentenced to twenty-five (25) years

11

without parole or imprisonment for life without benefit of probation or parole[)], or

12a Class A felony and receives a life sentence, or to death and his or her sentence is

13

commuted to a life sentence shall not be released on probation or parole until he or

14

she has served at least twenty (20) years in the penitentiary. Violent offenders may

15

have a greater minimum parole eligibility date than other offenders who receive

16

longer sentences, including a sentence of life imprisonment.

17(4)[(3)][(a) ]A violent offender [who has been convicted of a capital offense or

18

Class A felony ]with a sentence of a term of years [or Class B felony ]shall not be

19

released on probation, shock probation, [or ]parole, conditional discharge, or other20

form of early release until he or she has served at least eighty-five percent (85%)

21of the sentence imposed.

22[(b) A violent offender who has been convicted of a violation of KRS 507.040

23

where the victim of the offense was clearly identifiable as a peace officer, a24

firefighter, or emergency medical services personnel, and the victim was25

acting in the line of duty shall not be released on probation or parole until he

26

or she has served at least eighty-five percent (85%) of the sentence imposed.

27

(c)

A violent offender who has been convicted of a violation of KRS 507.040 orPage 40 of 78

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1

507.050 where the victim of the offense was a peace officer, a firefighter, or2emergency medical services personnel, and the victim was acting in the line3of duty shall not be released on probation or parole until he or she has served4

at least fifty percent (50%) of the sentence imposed.

5(d)

Any offender who has been convicted of a homicide or fetal homicide offense

6

under KRS Chapter 507 or 507A in which the victim of the offense died as

7

the result of an overdose of a Schedule I controlled substance and who is not8otherwise subject to paragraph (a), (b), or (c) of this subsection shall not be

9released on probation, shock probation, parole, conditional discharge, or other10

form of early release until he or she has served at least fifty percent (50%) of11

the sentence imposed.]12(5)[(4)]A violent offender shall only[not] be awarded [any ]credit on his or her

13

sentence authorized by KRS 197.045(1)(a)1.[(b)1. In no event shall a violent

14

offender be given credit on his or her sentence if the credit reduces the term of

15

imprisonment to less than eighty-five percent (85%) of the sentence.]

16(6)[(5)]This section shall not apply to a person who has been determined by a court to17

have been a victim of domestic violence or abuse pursuant to KRS 533.060 with18

regard to the offenses involving the death of the victim or serious physical injury to

19

the victim. The provisions of this subsection shall not extend to rape in the first20

degree or sodomy in the first degree by the defendant.

21
22
23
24
25

(7)[(6)]This section shall apply only to those persons who commit offenses after July

15, 1998.
(8)[(7)]For offenses committed prior to July 15, 1998, the version of this statute ineffect immediately prior to that date shall continue to apply.
(9)[(8)]The provisions of subsection (1) of this section extending the definition of26"violent offender" to persons convicted of or pleading guilty to robbery in the first27

degree shall apply only to persons whose crime was committed after July 15, 2002.
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Section 33. KRS 525.045 is amended to read as follows:1
2

24 RS HB 5/VO

(1)

A person is guilty of the separate offense of terrorism if conviction of the3

underlying offense committed would classify the person as a violent offender under4

KRS 439.3401(1)(a)[,] or (b)[, (c), or (d)], or the underlying offense was an offense

5

under KRS 527.200, 527.205, or 527.210 and the person had the intent to:

6

(a)

7

Intimidate the civilian population at large, or an identifiable group of thecivilian population; or8(b)Influence, through intimidation, the conduct or activities of the government of

9

the United States, the Commonwealth, any other state, or any unit of local

10

government.

11

(2)

A conviction of terrorism shall be punishable by a term of imprisonment for life

12

without benefit of probation or parole. An offense under this section is a separate

13

offense from the underlying offense and shall not merge with other offenses.

14

(3)

15
16

A person convicted under this section shall not be released on probation, shockprobation, parole, conditional discharge, or any other form of conditional release.

(4)

(a)

All real and personal property used or intended for use in the course of,17

derived from, or realized through an offense punishable pursuant to this18

section shall be subject to lawful seizure and forfeiture to the Commonwealth19

as set forth in KRS 218A.405 to 218A.460, except that any property seized20

and forfeited to the Commonwealth under this section that was used in an act

21

of terror, as defined in KRS 411.025, shall be held for at least five (5) years

22

for the purposes of paying any damages awarded under KRS 411.025.

23

(b)

Notwithstanding paragraph (a) of this subsection, any real or personal

24

property:

25

1.

26
27

Taken by a lender in good faith as collateral for the extension of credit
and recorded as provided by law;2.

Of an owner who made a bona fide purchase of the property; orPage 42 of 78

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1

3.

2

shall not be subject to forfeiture unless the lender, owner, or person had

3knowledge of an offense under this section.

4(5)

Of a person with rightful possession of the property;

Damages awarded pursuant to a successful claim under KRS 411.025 may be paid

5by property lawfully seized and forfeited under this section.

6

Section 34. KRS 508.075 is amended to read as follows:

7

(1)

8

A person is guilty of terroristic threatening in the first degree when he or she:(a)Intentionally makes false statements that he or she or another person has

9placed a weapon of mass destruction on:

10

1.

The real property or any building of any public or private elementary or

11secondary school, vocational school, or institution of postsecondary

12

education;

13

2.

A school bus or other vehicle owned, operated, or leased by a school;

14

3.

The real property or any building public or private that is the site of an

15

official school-sanctioned function;

16

4.

17

The real property or any building owned or leased by a government
agency;[ or]

18

5.

19

The real property or any building owned or leased by a domestic
violence shelter as defined in KRS 511.085;[ or]20

6.

Any workplace; or

21

7.

The real property or any building public or private that is the site of22

any gathering of three (3) or more persons; or

23

(b)

Intentionally and without lawful authority, places a counterfeit weapon of24

mass destruction at any location or on any object specified in paragraph (a) of

25

this subsection.

26
27

(2)

A counterfeit weapon of mass destruction is placed with lawful authority if it isplaced, with the written permission of the chief officer of the school or other
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1institution, as a part of an official training exercise and is placed by a public

2

servant, as defined in KRS 522.010.

3(3)

A person is not guilty of commission of an offense under this section if he or she,4

innocently and believing the information to be true, communicates a threat made by5another person to school personnel, domestic violence shelter personnel, a peace

6

officer, a law enforcement agency, a public agency involved in emergency

7

response, or a public safety answering point and identifies the person from whom8

the threat was communicated, if known.

9(4)

Section 35. KRS 508.078 is amended to read as follows:

10
11

Terroristic threatening in the first degree is a Class C felony.

(1)

A person is guilty of terroristic threatening in the second degree when, other than as

12provided in KRS 508.075, he or she intentionally:

13

(a)

With respect to any scheduled, publicly advertised event open to the public,14

any place of worship,[ or] any school function, any workplace, or any

15gathering of three (3) or more persons, threatens to commit by any means,

16

including by use of a firearm, any act likely to result in death or serious

17

physical injury to any person[ at a scheduled, publicly advertised event open

18

to the public, any person at a place of worship, or any student group, teacher,

19

volunteer worker, or employee of a public or private elementary or secondary

20

school, vocational school, or institution of postsecondary education, or to any

21other person reasonably expected to lawfully be on school property or at a22

school-sanctioned activity, if the threat is related to their employment by a23

school, or work or attendance at school, or a school function]. A threat24

directed at a person or persons at a scheduled, publicly advertised event open

25

to the public, place of worship,[ or] school, workplace, or gathering of three26(3) or more persons does not need to identify a specific person or persons or

27school in order for a violation of this section to occur;
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1

(b)

Makes

24 RS HB 5/VO

false

statements

by

any

means,

includingbyelectronic

2

communication, indicating that an act likely to result in death or serious

3physical injury is occurring or will occur for the purpose of:

4

1.

5

Causing evacuation of a school building, school property, or schoolsanctioned activity;

6

2.

Causing cancellation of school classes or school-sanctioned activity; or73.

Creating fear of death or serious physical injury among students,

8parents, or school personnel;

9

(c)

10

at any location other than one specified in KRS 508.075; or

11

(d)

12
13

Makes false statements that he or she has placed a weapon of mass destruction

Without lawful authority places a counterfeit weapon of mass destruction at
any location other than one specified in KRS 508.075.

(2)

A counterfeit weapon of mass destruction is placed with lawful authority if it is14

placed as part of an official training exercise by a public servant, as defined in KRS

15

522.010.

16(3)

A person is not guilty of commission of an offense under this section if he or she,17

innocently and believing the information to be true, communicates a threat made by18

another person to school personnel, a peace officer, a law enforcement agency, a19

public agency involved in emergency response, or a public safety answering point

20

and identifies the person from whom the threat was communicated, if known.

21

(4)

22
23

Except as provided in subsection (5) of this section, terroristic threatening in thesecond degree is a Class D felony.

(5)

Terroristic threatening in the second degree is a Class C felony when, in addition to24

violating subsection (1) of this section, the person intentionally engages in25

substantial conduct required to prepare for or carry out the threatened act, including

26

but not limited to gathering weapons, ammunition, body armor, vehicles, or27materials required to manufacture a weapon of mass destruction.
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Section 36. KRS 158.155 is amended to read as follows:1
2

24 RS HB 5/VO

(1)

Any school employee who knows or has reasonable cause to believe that a person

3

has made threats or plans of violence which are intended to target a school or4students or who knows that a firearm is present on school property in violation of5

KRS 527.070 shall immediately cause a report to be made pursuant to subsection

6(10) of this section.

7(2)

Any school employee shall immediately report pursuant to subsection (10) of this8

section any act which the employee has a reasonable cause to believe has

9occurred on school property or at a school-sponsored or sanctioned event

10

involving:

11

(a)

Assault resulting in serious physical injury;

12

(b)

A sexual offense;

13

(c)

Kidnapping;

14

(d)

Assault with the use of a weapon;

15

(e)

Possession of a firearm or deadly weapon in violation of the law;

16

(f)

The use, possession, or sale of a controlled substance in violation of the17law; or

18
19

(g)
(3)

Damage to property.

Any school employee who receives information from a student or other person of20

conduct which is required to be reported under subsection (1) or (2) of this21

section shall report the conduct pursuant to subsection (10) of this section.

22

(4)

If a student has been adjudicated guilty of an offense specified in this subsection or23

has been expelled from school for an offense specified in this subsection, prior to a24

student's admission to any school, the parent, guardian, principal, or other person or

25

agency responsible for a student shall provide to the school a sworn statement or26

affirmation indicating on a form provided by the Kentucky Board of Education that27

the student has been adjudicated guilty or expelled from school attendance at a
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24 RS HB 5/VO

1public or private school in this state or another state for homicide, assault, or an

2

offense in violation of state law or school regulations relating to weapons, alcohol,

3

or drugs. The sworn statement or affirmation shall be sent to the receiving school

4

within five (5) working days of the time when the student requests enrollment in the5

new school.

6(5)[(2)]

If any student who has been expelled from attendance at a public or private

7

school in this state for homicide, assault, or an offense in violation of state law or

8school regulations relating to weapons, alcohol, or drugs requests transfer of his

9records, those records shall reflect the charges and final disposition of the expulsion

10

proceedings.

11(6)[(3)]

If any student who is subject to an expulsion proceeding at a public or private

12

school in this state for homicide, assault, or an offense in violation of state law or

13school regulations relating to weapons, alcohol, or drugs requests transfer of his

14records to a new school, the records shall not be transferred until that proceeding

15

has been terminated and shall reflect the charges and any final disposition of the16

expulsion proceedings.

17[(4) A person who is an administrator, teacher, or other employee of a public or private

18

school shall promptly make a report to the local police department, sheriff, or the19

Department of Kentucky State Police, by telephone or otherwise, if:

20

(a)

The person knows or has reasonable cause to believe that conduct has

21

occurred which constitutes:

22

1.

A misdemeanor or violation offense under the laws of this23

Commonwealth and relates to:24a.

Carrying, possession, or use of a deadly weapon; or25b.

Use, possession, or sale of controlled substances; or

26
27

2.
(b)

Any felony offense under the laws of this Commonwealth; andThe conduct occurred on the school premises or within one thousand (1,000)
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24 RS HB 5/VO

1feet of school premises, on a school bus, or at a school-sponsored or2sanctioned event.

3(5)

A person who is an administrator, teacher, supervisor, or other employee of a public

4

or private school who receives information from a student or other person of

5

conduct which is required to be reported under subsection (1) of this section shall6

report the conduct in the same manner as required by that subsection.]7(7)[(6)]Neither the husband-wife privilege of KRE 504 nor any professional-client8

privilege, including those set forth in KRE 506 and 507, shall be a ground for9refusing to make a report required under this section or for excluding evidence in a10

judicial proceeding of the making of a report and of the conduct giving rise to the11

making of a report. However, the attorney-client privilege of KRE 503 and the12

religious privilege of KRE 505 are grounds for refusing to make a report or for

13

excluding evidence as to the report and the underlying conduct.

14(8)[(7)]

Nothing in this section shall be construed as to require self-incrimination.

15(9)[(8)]A person acting upon reasonable cause in the making of a report under this16

section in good faith shall be immune from any civil or criminal liability that might17

otherwise be incurred or imposed from:

18

(a)

Making the report; and

19

(b)

Participating in any judicial proceeding that resulted from the report.

20(10) Notice required pursuant to this section shall be given to any law enforcement21

agency created by the local board of education, and to:

22

(a)

23
24
25

A local law enforcement agency not created by the local board of education;or(b)

The Department of Kentucky State Police.

(11) Any person who intentionally violates the provisions of this section shall be guilty

26

of a:

27

(a)

Class B misdemeanor for the first offense;
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1(b)Class A misdemeanor for the second offense; and2(c)Class D felony for the third or subsequent offense.

3Section 37. KRS 158.148 is amended to read as follows:

4

(1)

(a)

As used in this section, "bullying" means any unwanted verbal, physical, or5social behavior among students that involves a real or perceived power imbalance

6

and is repeated or has the potential to be repeated:

7

1.

8

That occurs on school premises, on school-sponsored transportation, orat a school-sponsored event; or

9

2.

10

(b)

That disrupts the education process.

This definition shall not be interpreted to prohibit civil exchange of opinions

11

or debate or cultural practices protected under the state or federal Constitution

12

where the opinion expressed does not otherwise materially or substantially13

disrupt the education process.

14

(2)

In cooperation with the Kentucky Education Association, the Kentucky School

15

Boards Association, the Kentucky Association of School Administrators, the16

Kentucky Association of Professional Educators, the Kentucky Association of

17

School Superintendents, the Parent-Teachers Association, the Kentucky Chamber18

of Commerce, the Farm Bureau, members of the Interim Joint Committee on

19

Education, and other interested groups, and in collaboration with the Center for

20

School Safety, the Department of Education shall develop or update as needed and21

distribute to all districts by August 31 of each even-numbered year, beginning

22

August 31, 2008:

23

(a)

Statewide student discipline guidelines to ensure safe schools, including the24

definition of serious incident for the reporting purposes as identified in KRS

25

158.444;

26
27

(b)

Recommendations designed to improve the learning environment and school
climate, parental and community involvement in the schools, and student
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1achievement; and

2

(c)

3
4

24 RS HB 5/VO

A model policy to implement the provisions of this section and KRS 158.156,
158.444, 525.070, and 525.080.

(3)

The department shall obtain statewide data on major discipline problems and5reasons why students drop out of school. In addition, the department, in

6

collaboration with the Center for School Safety, shall identify successful strategies

7

currently being used in programs in Kentucky and in other states and shall8

incorporate those strategies into the statewide guidelines and the recommendations

9

under subsection (2) of this section.

10

(4)

Copies of the discipline guidelines shall be distributed to all school districts. The

11statewide guidelines shall contain broad principles and legal requirements to guide12

local districts in developing their own discipline code and school councils in the13

selection of discipline and classroom management techniques under KRS

14

158.155[158.154]; and in the development of the district-wide safety plan.

15

(5)

(a)

Each local board of education shall be responsible for formulating a code of16

acceptable behavior and discipline to apply to the students in each school

17

operated by the board. The code shall be updated no less frequently than every

18

two (2) years, with the first update being completed by November 30, 2008.

19

(b)

The superintendent, or designee, shall be responsible for overall

20

implementation and supervision, and each school principal shall be

21

responsible for administration and implementation within each school. Each22

school council shall select and implement the appropriate discipline and23classroom management techniques necessary to carry out the code. The board

24

shall establish a process for a two-way communication system for teachers

25

and other employees to notify a principal, supervisor, or other administrator of26

an existing emergency.

27

(c)

The code shall prohibit bullying.
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1(d)

24 RS HB 5/VO

The code shall contain the type of behavior expected from each student, the2consequences of failure to obey the standards, and the importance of the

3standards to the maintenance of a safe learning environment where orderly

4learning is possible and encouraged.

5

(e)

6

The code shall contain:
1.

Procedures for identifying, documenting, and reporting incidents of7bullying, incidents of violations of the code, and incidents for which

8reporting is required under KRS 158.156;

92.

Procedures for investigating and responding to a complaint or a report of10

bullying or a violation of the code, or of an incident for which reporting11

is required under KRS 158.156, including reporting incidents to the12parents, legal guardians, or other persons exercising custodial control or

13supervision of the students involved;

14

3.

A strategy or method of protecting from retaliation a complainant or

15

person reporting an incident of bullying, a violation of the code, or an

16

incident for which reporting is required under KRS 158.156;

17

4.

A process for informing students, parents, legal guardians, or other18

persons exercising custodial control or supervision, and school

19

employees of the requirements of the code and the provisions of this20

section and KRS 158.156, 158.444, 525.070, and 525.080, including

21

training for school employees; and22

5.

Information regarding the consequences of bullying and violating the23

code and violations reportable under KRS 158.155[158.154], 158.156,

24

or 158.444.

25

(f)

The principal of each school shall apply the code of behavior and discipline

26

uniformly and fairly to each student at the school without partiality or

27

discrimination.
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1(g)

24 RS HB 5/VO

A copy of the code of behavior and discipline adopted by the board of2

education shall be posted at each school. Guidance counselors shall be

3provided copies for discussion with students. The code shall be referenced in4

all school handbooks. All school employees and parents, legal guardians, or5other persons exercising custodial control or supervision shall be provided

6

copies of the code.
Section 38. KRS 506.040 is amended to read as follows:

7
8

(1)

A person having the intention of promoting or facilitating the commission of a9crime is guilty of criminal conspiracy when he:

10

(a)

Agrees with one (1) or more persons that at least one (1) of them will engage

11

in conduct constituting that crime or an attempt or solicitation to commit such

12

a crime; or

13

(b)

14
15

Agrees to aid one or more persons in the planning or commission of thatcrime or an attempt or solicitation to commit such a crime.

(2)

Except as provided in subsection (3) of this section, or in a specific statute to the16contrary, a criminal conspiracy is a:

17

(a)

18

521.020 or 521.050;

19

(b)

20

Class B felony when the object of the conspiratorial agreement is a Class A
felony or capital offense;

21

(c)

22

Class C felony when the object of the conspiratorial agreement is a Class B
felony;

23

(d)

24

Class A misdemeanor when the object of the conspiratorial agreement is aClass C or D felony;

25

(e)

26
27

Class C felony when the conspiratorial agreement is a violation of KRS

Class B misdemeanor when the object of the conspiratorial agreement is amisdemeanor.

(3)

Any person who is eighteen (18) years of age or older who engages in a criminal
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1conspiracy with a minor shall be charged one (1) level higher than the level2

provided for the offense which is the object of the conspiratorial agreement.

3Section 39. KRS 218A.1402 is amended to read as follows:4

Except as provided in subsection (3) of Section 38 of this Act, any person who commits

5

a criminal conspiracy as defined in KRS 506.040 to commit any offense in this chapter

6

shall be subject to the same penalties as provided for the underlying offense as specified

7

in this chapter.
Section 40. KRS 508.060 is amended to read as follows:

8
9

(1)

A person is guilty of wanton endangerment in the first degree when, under10

circumstances manifesting extreme indifference to the value of human life, he or

11

she wantonly engages in conduct which creates a substantial danger of death or

12serious physical injury to another person.

13

(2)

Wanton endangerment in the first degree is a Class D felony, unless the person

14discharges a firearm in the commission of the offense, in which case it is a Class

15

C felony.

16Section 41. KRS 524.040 is amended to read as follows:

17

(1)

A person is guilty of intimidating a participant in the legal process when, by use of18

harassing communications as described in KRS 525.080, physical force, or a19

threat directed to a person he or she believes to be a participant in the legal process,20

he or she:

21

(a)

22
23

of that person;
(b)

24
25

Induces, or attempts to induce, that person to avoid legal process summoning
him or her to testify;

(c)

26
27

Influences, or attempts to influence, the testimony, vote, decision, or opinion

Induces, or attempts to induce, that person to absent himself or herself froman official proceeding to which he has been legally summoned;(d)

Induces, or attempts to induce, that person to withhold a record, document, orPage 53 of 78

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1

24 RS HB 5/VO

other object from an official proceeding;2(e)Induces, or attempts to induce, that person to alter, destroy, mutilate, or3

conceal an object with intent to impair the object's integrity or availability for4

use in an official proceeding; or5(f)Hinders, delays, or prevents the communication to a law enforcement officer

6or judge of information relating to the possible commission of an offense or a7violation of conditions of probation, parole or release pending judicial

8

proceedings.

9

(2)

10

For purposes of this section:(a)11

An official proceeding need not be pending or about to be instituted at thetime of the offense; and

12

(b)

13

The testimony, record, document, or other object need not be admissible inevidence or free of a claim of privilege.

14

(3)

Intimidating a participant in the legal process is a Class D felony.

15

(4)

In order for a person to be convicted of a violation of this section, the act against a16

participant in the legal process or the immediate family of a participant in the legal

17

process shall be related to the performance of a duty or role played by the18

participant in the legal process.

19Section 42. KRS 439.340 is amended to read as follows:

20

(1)

The board may release on parole persons confined in any adult state penal or21

correctional institution of Kentucky or sentenced felons incarcerated in county jails

22

eligible for parole. All paroles shall issue upon order of the board duly adopted. As

23soon as practicable after his or her admission to an adult state penal or correctional

24

institution or county jail if he or she is a sentenced felon, and at such intervals

25

thereafter as it may determine, the Department of Corrections shall obtain all

26

pertinent information regarding each prisoner, except those not eligible for parole.

27

The information shall include the results of his or her most recent risk and needs
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1assessment, his or her criminal record, his or her conduct, employment, and the2reports of physical and mental examinations that have been made. The Department

3of Corrections shall furnish the circumstances of his or her offense, the results of

4

his or her most recent risk and needs assessment, and his or her previous social

5

history to the board. The Department of Corrections shall prepare a report on any

6information it obtains. It shall be the duty of the Department of Corrections to

7

supplement this report with any material the board may request and submit the8report to the board.

9(2)

Before granting the parole of any prisoner, the board shall consider the pertinent

10

information regarding the prisoner, including the results of his or her most recent

11risk and needs assessment, and shall have him or her appear before it for interview

12and hearing. The board in its discretion may hold interviews and hearings for

13

prisoners convicted of Class C felonies not included within the definition of

14"violent offender" in KRS 439.3401 and Class D felonies not included within the15

definition of "sex crime" in KRS 17.500. The board in its discretion may request the16parole board of another state confining prisoners pursuant to KRS 196.610 to

17

interview eligible prisoners and make a parole recommendation to the board. A

18

parole shall be ordered only for the best interest of society and not as an award of19

clemency, and it shall not be considered a reduction of sentence or pardon. A

20

prisoner shall be placed on parole only when arrangements have been made for his

21

or her proper employment or for his or her maintenance and care, and when the22board believes he or she is able and willing to fulfill the obligations of a law abiding

23

citizen. Notwithstanding any statute to the contrary, including KRS 440.330, when24

a prisoner is otherwise eligible for parole and the board has recommended parole

25

for that prisoner for the reasons set forth in this subsection, the board may grant

26

parole to any prisoner wanted as a fugitive by any other jurisdiction, and the27

prisoner shall be released to the detainer from that jurisdiction. Such parole shall
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1

not constitute a relinquishment of jurisdiction over the prisoner, and the board in all

2cases expressly reserves the right to return the prisoner to confinement in a3

correctional institution of the Commonwealth if the prisoner violates the terms of

4

his or her parole.

5

(3)

(a)

A nonviolent offender convicted of a Class D felony with an aggregate

6

sentence of one (1) to five (5) years who is confined to a state penal institution

7

or county jail shall have his or her case reviewed by the Parole Board after

8

serving fifteen percent (15%) or two (2) months of the original sentence,

9

whichever is longer.

10

(b)

Except as provided in this section, the board shall adopt administrative

11

regulations with respect to the eligibility of prisoners for parole, the conduct

12of parole and parole revocation hearings and all other matters that come13

before it, or conditions to be imposed upon parolees. Regulations governing

14

the eligibility of prisoners for parole shall be in accordance with15

professionally accepted ideas of correction and reform and may utilize in part

16

objective, performance-based criteria and risk and needs assessment

17

information; however, nothing herein contained shall preclude the board from18

utilizing its present regulations in conjunction with other factors involved that

19

would relate to the inmate's needs and the safety of the public.

20

(4)

The board shall ensure[insure] that all sentenced felons who have longer than

21

ninety (90) days to serve in state penal institutions, halfway houses, reentry centers,

22

and county jails are considered for parole not less than sixty (60) days prior to their

23parole eligibility date, and the Department of Corrections shall provide the24necessary assistance and information to the board in order for it to conduct timely

25

parole reviews.

26
27

(5)

In addition to or in conjunction with each hearing conducted under subsection (2) ofthis section for any prisoner convicted of a Class A, B, or C felony or a Class D
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1felony included within the definition of "sex crime" in KRS 17.500 and prior to the2

granting of a parole to any such prisoner, the Parole Board shall conduct a hearing

3of which the following persons shall receive not less than forty-five (45) nor more

4

than ninety (90) days' notice: the Commonwealth's attorney who shall notify the5sheriff of every county and the chief of police of every city and county in which the6prisoner committed any Class A, B, or C felony or a Class D felony included within

7

the definition of "sex crime" in KRS 17.500 for which he or she is imprisoned, and8

all identified victims of the crimes or the next of kin of any victim who is deceased.

9

Notice to the Commonwealth's attorney shall be by mail, fax, or electronic means at10

the discretion of the board, and shall be in a manner that ensures receipt at the11

Commonwealth's[Commonwealth] attorney's business office. Notices received by

12

chiefs of police and sheriffs shall be posted in a conspicuous location where police

13

employed by the department may see it. Notices shall be posted in a manner and at

14

a time that will allow officers to make comment thereon to the Parole Board. Notice15

to victims or their next of kin shall be made, for prisoners incarcerated prior to July

16

15, 1986, by mail, fax, or electronic means at the discretion of the board, and shall17

be in a manner that ensures receipt by the Commonwealth's attorney, who shall18

forward the notice promptly to the victims or their next of kin at their last known

19

address. For prisoners incarcerated on or after July 15, 1986, notice to the victims

20or their next of kin shall be by mail from the Parole Board to their last known

21

address as provided by the Commonwealth's attorney to the Parole Board at the

22time of incarceration of the prisoner. For prisoners incarcerated prior to April 1,

232021, for a Class D felony included within the definition of "sex crime" in KRS

24

17.500, notice to the victims or their next of kin shall be in a manner that ensures25

receipt by the Commonwealth's attorney, who shall forward the notice promptly to

26

the victims or their next of kin at their last known address. For prisoners

27

incarcerated on or after April 1, 2021, for a Class D felony included within the
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1definition of "sex crime" in KRS 17.500, notice to the victims or their next of kin

2shall be by mail from the Parole Board to their last known address as provided by

3

the Commonwealth's attorney to the Parole Board at the time of incarceration of the4

prisoner. Notice to the victim or the next of kin of subsequent considerations for5parole after the initial consideration shall not be sent if the victim or the next of kin

6gives notice to the board that he or she no longer wants to receive such notices. The

7

notice shall include the time, date, and place of the hearing provided for in this8

subsection, and the name and address of a person to write if the recipient of the9

notice desires to attend the hearing or to submit written comments.

10

(6)

Persons receiving notice as provided for in subsection (5) of this section may

11submit comments, in person or in writing, to the board upon all issues relating to12

the parole of the prisoner. The board shall read and consider all comments prior to

13

making its parole decision, if they are received by the board not less than seven (7)14days before the date for the hearing. The board shall retain all comments in the15

prisoner's permanent Parole Board file, and shall consider them in conjunction with16

any subsequent parole decisions affecting the prisoner. In addition to officers listed

17

in subsection (5) of this section, the crime victims or the next of kin of any victim

18

who is deceased or who is disabled and cannot attend the hearing or the parent or

19legal guardian of any victim who is a minor may attend the hearing provided for in

20

subsection (5) of this section and present oral and written comments upon all issues

21

relating to the parole of the prisoner, if they have advised the board, in writing

22

received by the board not less than seven (7) days prior to the date set for the23

hearing, of their intention to attend the hearing. The board shall receive and24

consider all comments, shall make a record of them which it shall retain in the25

prisoner's permanent Parole Board file, and shall consider them in conjunction with26

any subsequent parole decision affecting the prisoner. Persons appearing before the27

Parole Board pursuant to this subsection may elect to make their presentations
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1
2

24 RS HB 5/VO

outside of the presence of the prisoner.
(7)

Victims of Class D felonies not included within the definition of "sex crime" in3

KRS 17.500 may submit comments in person or in writing to the board upon all

4

issues relating to the parole of a prisoner.

5(8)

Any hearing provided for in subsections (5), (6), and (7) of this section shall be

6open to the public unless the persons having a right to appear before the board as

7

specified in those subsections request closure of hearing for reasons of personal8

safety, in which event the hearing shall be closed. The time, date, and location of

9closed hearings shall not be disclosed to the public.

10

(9)

Except as specifically set forth in this section, nothing in this section shall be

11deemed to expand or abridge any existing rights of persons to contact and12communicate with the Parole Board or any of its members, agents, or employees.

13(10) The unintentional failure by the Parole Board, sheriff, chief of police, or any of its

14

members, agents, or employees or by a Commonwealth's attorney or any of his or15

her agents or employees to comply with any of the provisions of subsections (5),16(6), and (8) of this section shall not affect the validity of any parole decision or give17

rise to any right or cause of action by the crime victim, the prisoner, or any other18

person.

19(11) No eligible sexual offender within the meaning of KRS 197.400 to 197.440 shall be

20

granted parole unless he or she has successfully completed the Sexual Offender

21

Treatment Program.

22(12) Any prisoner who is granted parole after completion of the Sexual Offender

23

Treatment Program shall be required, as a condition of his or her parole, to24participate in regular treatment in a mental health program approved or operated by25

the Department of Corrections.

26(13) When the board grants parole contingent upon completion of a program, the27commissioner, or his or her designee, shall determine the most appropriate
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1placement in a program operated by the department or a residential or2nonresidential program within the community approved by the department. If the3

department releases a parolee to a nonresidential program, the department shall4

release the parolee only if he or she will have appropriate community housing

5

pursuant to KRS 439.3408.

6(14) If the Parole Board does not grant parole to a prisoner, the maximum deferment for7

a prisoner convicted of a non-violent, non-sexual Class C or Class D felony shall be8twenty-four (24) months. For all other prisoners who are eligible for parole:

9

(a)

10

No parole deferment greater than five (5) years shall be ordered unlessapproved by a majority vote of the full board; and

11

(b)

No deferment shall exceed ten (10) years, except for life sentences.

12(15) When an order for parole is issued, it shall recite the conditions thereof, which may

13

include requiring the person to participate in a specific evidence-based program

14

designed to reduce violence.

15

Section 43. KRS 533.030 is amended to read as follows:

16

(1)

The conditions of probation and conditional discharge shall be such as the court, in17

its discretion, deems reasonably necessary to ensure that the defendant will lead a

18

law-abiding life or to assist him or her to do so. The court shall provide as an

19

explicit condition of every sentence to probation or conditional discharge that the20

defendant not commit another offense during the period for which the sentence

21

remains subject to revocation.

22

(2)

When imposing a sentence of probation or conditional discharge, the court may, in

23

addition to any other reasonable condition, require that the defendant:

24

(a)

Avoid injurious or vicious habits;

25

(b)

Avoid persons or places of disreputable or harmful character;

26

(c)

Work faithfully at suitable employment as far as possible;

27

(d)

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2

24 RS HB 5/VO

institution as required for that purpose;(e)3

Post a bond, without surety, conditioned on performance of any of theprescribed conditions;4(f)Support his or her dependents and meet other family responsibilities;

5(g)

Pay the cost of the proceeding as set by the court;

6(h)Remain within a specified area;

7(i)

Report to the probation officer as directed;

8(j)Permit the probation officer to visit him or her at his or her home or910

elsewhere;
(k)

11
12

Answer all reasonable inquiries by the probation officer and promptly notify
the probation officer of any change in address or employment;(l)Submit to periodic testing for the use of controlled substances or alcohol, if

13

the defendant's record indicates a controlled substance or alcohol problem,

14

and to pay a reasonable fee, as determined by the court, which fee shall not

15

exceed the actual cost of the test and analysis and shall be paid directly to the16

agency or agencies responsible for testing and analysis as compensation for17

the cost of the testing and analysis, as specified by written order of the court,

18

performed under this subsection. For good cause shown, the testing fee may

19

be waived by the court;

20(m) Use an alcohol monitoring device, as defined in KRS 431.068. All costs

21

associated with the device, including administrative and operating costs, shall22

be paid by the defendant. If the court determines that the defendant is23

indigent, and a person, county, or other organization has not agreed to pay the24

costs for the defendant in an attempt to reduce incarceration expenses and25

increase public safety, the court shall consider other conditions of probation or26

conditional discharge provided for in this section;[ or]

27

(n)

During all or part of the period of probation or conditional discharge,
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1participate in a global positioning monitoring system program operated by a2

county pursuant to KRS 67.372 and 67.374 under the same terms and3conditions as provided in KRS 431.517; or

4

(o)

5
6

Participate in a specific evidence-based program designed to reduce
violence.

(3)

When imposing a sentence of probation or conditional discharge in a case where a7

victim of a crime has suffered monetary damage as a result of the crime due to his

8or her property having been converted, stolen, or unlawfully obtained, or its value

9

substantially decreased as a result of the crime, or where the victim suffered actual

10

medical expenses, direct out-of-pocket losses, or loss of earning as a direct result of11

the crime, or where the victim incurred expenses in relocating for the purpose of the12

victim's safety or the safety of a member of the victim's household, or if as a direct13

result of the crime the victim incurred medical expenses that were paid by the14

Cabinet for Health and Family Services, the Crime Victims Compensation Board,15

or any other governmental entity, the court shall order the defendant to make16

restitution in addition to any other penalty provided for the commission of the17

offense. Payment of restitution to the victim shall have priority over payment of

18

restitution to any government agency. Restitution shall be ordered in the full

19

amount of the damages, unless the damages exceed one hundred thousand dollars

20($100,000) or twice the amount of the gain from the commission of the offense,

21

whichever is greater, in which case the higher of these two (2) amounts shall be

22awarded. The court may, in lieu of ordering monetary restitution, order the23

defendant to make restitution by working for or on behalf of the victim. The court

24

shall determine the number of hours of work necessary by applying the then-25

prevailing federal minimum wage to the total amount of monetary damage caused

26

by or incidental to the commission of the crime. The court may, with the consent of27

the agency, order the defendant to work as specified in KRS 533.070. Any work
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1ordered pursuant to this section shall not be deemed employment for any purpose,2

nor shall the person performing the work be deemed an employee for any purpose.

3

Where there is more than one (1) defendant or more than one (1) victim, restitution

4

may be apportioned. Restitution shall be subject to the following additional terms

5and conditions:6(a)Where property which is unlawfully in the possession of the defendant is in

7

substantially undamaged condition from its condition at the time of the taking,8

return of the property shall be ordered in lieu of monetary restitution;

9(b)

The circuit clerk shall assess an additional fee of five percent (5%) to defray

10

the administrative costs of collection of payments or property. This fee shall11

be paid by the defendant and shall inure to a trust and agency account which

12

shall not lapse and which shall be used to hire additional deputy clerks and13

office personnel or increase deputy clerk or office personnel salaries, or

14

combination thereof;

15

(c)

When a defendant fails to make restitution ordered to be paid through the16

circuit clerk or a court-authorized program run by the county attorney or the17

Commonwealth's attorney, the circuit clerk or court-authorized program shall18

notify the court; and

19

(d)

An order of restitution shall not preclude the owner of property or the victim

20

who suffered personal physical or mental injury or out-of-pocket loss of21

earnings or support or other damages from proceeding in a civil action to22

recover damages from the defendant. A civil verdict shall be reduced by the23

amount paid under the criminal restitution order.

24

(4)

When requiring fees for controlled substances or alcohol tests, or other fees and25

payments authorized by this section or other statute, except restitution, to be paid by

26

the defendant, the court shall not order the payments to be paid through the circuit

27

clerk.
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(5)24 RS HB 5/VO

When a defendant is sentenced to probation or conditional discharge, he or she shall2

be given a written statement explicitly setting forth the conditions under which he3or she is being released.

4(6)

When imposing a sentence of probation or conditional discharge, the court, in

5addition to conditions imposed under this section, may require as a condition of the

6sentence that the defendant submit to a period of imprisonment in the county jail or7

to a period of home incarceration at whatever time or intervals, consecutive or

8nonconsecutive, the court shall determine. The time actually spent in confinement

9or home incarceration pursuant to this provision shall not exceed twelve (12)10months or the maximum term of imprisonment assessed pursuant to KRS Chapter

11532, whichever is the shorter. Time spent in confinement or home incarceration

12

under this subsection shall be credited against the maximum term of imprisonment

13

assessed for the defendant pursuant to KRS Chapter 532, if probation or conditional

14discharge is revoked and the defendant is sentenced to imprisonment. Any

15prohibitions against probation, shock probation, or conditional discharge under16

KRS 533.060(2) or 532.045 shall not apply to persons convicted of a misdemeanor

17

or Class D felony and sentenced to a period of confinement or home incarceration

18

under this section.

19

Section 44. KRS 500.080 is amended to read as follows:

20

As used in the Kentucky Penal Code, unless the context otherwise requires:

21

(1)

22

"Actor" means any natural person and, where relevant, a corporation or anunincorporated association;

23

(2)

"Crime" means a misdemeanor or a felony;

24

(3)

"Dangerous instrument" means any instrument, including parts of the human body25

when a serious physical injury is a direct result of the use of that part of the human26

body, article, or substance which, under the circumstances in which it is used,27

attempted to be used, or threatened to be used, is readily capable of causing death orPage 64 of 78
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2

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serious physical injury. "Dangerous instrument" may include a laser;(4)"Deadly weapon" means any of the following:3(a)

A weapon of mass destruction;

4(b)

Any weapon from which a shot, readily capable of producing death or other5

serious physical injury, may be discharged;

6(c)

Any knife other than an ordinary pocket knife or hunting knife;

7(d)Billy, nightstick, or club;

8(e)Blackjack or slapjack;

9(f)Nunchaku karate sticks;

10

(g)

Shuriken or death star; or

11

(h)

Artificial knuckles made from metal, plastic, or other similar hard material;

12

(5)

13

"Felony" means an offense for which a sentence to a term of imprisonment of atleast one (1) year in the custody of the Department of Corrections may be imposed;

14

(6)

"Fentanyl derivative" has the same meaning as in KRS 218A.010;

15(7)[(6)]"Government" means the United States, any state, county, municipality, or

16other political unit, or any department, agency, or subdivision of any of the17

foregoing, or any corporation or other association carrying out the functions of18

government;

19
20
21

(8)[(7)]"He" means any natural person and, where relevant, a corporation or anunincorporated association;(9)[(8)]"Impacted by the disaster" means the location or in reasonable proximity to

22

the location where a natural or man-made disaster has caused physical injury,

23

serious physical injury, death, or substantial damage to property or infrastructure;24(10)[(9)]"Laser" means any device designed or used to amplify electromagnetic

25

radiation by stimulated emission that emits a beam, other than a medical laser when

26

used in medical treatment or surgery;

27(11)[(10)] "Law" includes statutes, ordinances, and properly adopted regulatory
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1provisions. Unless the context otherwise clearly requires, "law" also includes the2common law;34(12)[(11)] "Minor" means any person who has not reached the age of majority as definedin KRS 2.015;

5(13)[(12)] "Misdemeanor" means an offense, other than a traffic infraction, for which a6sentence to a term of imprisonment of not more than twelve (12) months can be

7

imposed;8(14)[(13)] "Natural or man-made disaster" means a tornado, storm, or other severe

9weather, earthquake, flood, or fire that poses a significant threat to human health10

and safety, property, or critical infrastructure;11(15)[(14)] "Offense" means conduct for which a sentence to a term of imprisonment or

12

to a fine is provided by any law of this state or by any law, local law, or ordinance13

of a political subdivision of this state or by any law, order, rule, or regulation of any

14

governmental instrumentality authorized by law to adopt the same;15(16)[(15)] "Person" means a human being, and where appropriate, a public or private

16

corporation, an unincorporated association, a partnership, a government, or a17

governmental authority;

18
19
20
21

(17)[(16)] "Physical injury" means substantial physical pain or any impairment ofphysical condition;(18)[(17)] "Possession" means to have actual physical possession or otherwise to
exercise actual dominion or control over a tangible object;22(19)[(18)] "Serious physical injury" means physical injury which creates a substantial

23

risk of death, or which causes serious and prolonged disfigurement, prolonged

24

impairment of health, prolonged loss or impairment of the function of any bodily

25

organ, or eye damage or visual impairment. For a child twelve (12) years of age or26less at the time of the injury, or for any person if the relationship between the27

perpetrator and the victim meets the definition of a family member or member ofPage 66 of 78
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1

an unmarried couple as defined in KRS 403.720, or a dating relationship as2

defined in KRS 456.010, a serious physical injury includes but is not limited to the3following:

4

(a)

5
6

kidneys;(b)

7
8

Bruising near the eyes, or on the head, neck, or lower back overlying the

Any bruising severe enough to cause underlying muscle damage as
determined by elevated creatine kinase levels in the blood;(c)

9

Any bruising or soft tissue injury to the genitals that affects the ability tourinate or defecate;

10

(d)

Any testicular injury sufficient to put fertility at risk;

11

(e)

Any burn near the eyes or involving the mouth, airway, or esophagus;

12

(f)

Any burn deep enough to leave scarring or dysfunction of the body;

13

(g)

Any burn requiring hospitalization, debridement in the operating room, IV

14

fluids, intubation, or admission to a hospital's intensive care unit;

15

(h)

Rib fracture;

16

(i)

Scapula or sternum fractures;

17

(j)

Any broken bone that requires surgery;

18

(k)

Head injuries that result in intracranial bleeding, skull fracture, or brain

19
20

injury;(l)21
22

A concussion that results in the child becoming limp, unresponsive, or results
in seizure activity;(m) Abdominal injuries that indicate internal organ damage regardless of whether

23

surgery is required;

24

(n)

Any injury requiring surgery;

25

(o)

Any injury that requires a blood transfusion; and

26

(p)

Any injury requiring admission to a hospital's critical care unit;

27(20)[(19)] "Unlawful" means contrary to law or, where the context so requires, notPage 67 of 78
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permitted by law. It does not mean wrongful or immoral;(21)[(20)] "Violation" means an offense, other than a traffic infraction, for which a3sentence to a fine only can be imposed; and4(22)[(21)] "Weapon of mass destruction" means:

5

(a)

6

Any destructive device as defined in KRS 237.030, but not fireworks as
defined in KRS 227.700;

7(b)

Any weapon that is designed or intended to cause death or serious physical8

injury through the release, dissemination, or impact of toxic or poisonous

9

chemicals or their precursors;

10

(c)

Any weapon involving a disease organism; or

11

(d)

Any weapon that is designed to release radiation or radioactivity at a level

12

dangerous to human life.
Section 45. KRS 514.020 is amended to read as follows:

13
14

(1)

It is a defense to prosecution for theft that the actor:

15

(a)

Was unaware that the property or service was that of another; or

16

(b)

Acted under a claim of right to the property or service involved or a claim that17

he or she had a right to acquire or dispose of it as he or she did; or

18

(c)

19
20

Took property exposed for sale, intending to purchase and pay for it promptly,or reasonably believing that the owner, if present, would have consented.

(2)

It is no defense that theft was from the actor's spouse, except that misappropriation

21

of household and personal effects or other property normally accessible to both

22

spouses is theft only if it involves the property of the other spouse and only if it23

occurs after the parties have ceased living together.

24

(3)

It shall be prima facie evidence of intent to commit theft by deception when one

25

who has leased or rented the personal property of another fails to return the personal

26

property to its owner within four (4)[ten (10)] days after the lease or rental

27

agreement has expired. It shall also be prima facie evidence of intent to commit
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1theft by deception when one presents to the owner identification which is false,2

fictitious or not current as to name, address, place of employment or other items of

3

identification for the purpose of obtaining the lease or rental agreement. Nothing4

herein contained shall relieve the owner from making demand for return of property

5

so leased or rented. Notice addressed and mailed to the lessee or renter at the6

address given at the time of the making of the lease or rental agreement shall7

constitute proper demand.

8Section 46. KRS 196.031 is amended to read as follows:

9

(1)

10
11

The cabinet shall employ the personnel and operate and maintain data collection
and processing systems necessary to comply with the provisions of this section.

(2)

The cabinet shall annually on July 1 of each year report to the Governor, the12Legislative Research Commission, and the Kentucky State Corrections Commission

13

on:

14

(a)

The placement of prisoners within the Commonwealth's correctional system

15

by institution, whether imprisoned in a state prison or other institution,

16

including county jails, on probation, paroled, housed in halfway houses,

17

housed in reentry centers, sentenced to community service or otherwise;

18

(b)

Numbers of prisoners by type of offense;

19

(c)

Numbers of prisoners by number and type of prior convictions;

20

(d)

Numbers of prisoners paroled by type of offense and by length of time served;

21

(e)

Numbers of prisoners released through shock probation by type of offense and22

by length of time served;

23

(f)

Numbers of prisoners serving their full sentence by type of offense;

24

(g)

The percentage of felony offenders on parole or some form of post-release25

supervision who are participating or completing treatment consistent with26

assessment results, in prison and in the community;

27

(h)

The percentage of felony offenders whose reassessment results demonstrate
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1
2

reductions in criminal risk factors;
(i)

3
4

24 RS HB 5/VO

The percentage of programs that demonstrate their effectiveness in reducing
recidivism;(j)

The percentage of felony offenders on parole or some form of post-release5

supervision, by supervision type, who:

6

1.

7

Are employed or in school within thirty (30) days, six (6) months, andone (1) year of the start of supervision;

8

2.

Have had part-time employment for a minimum of six (6) months, and9

the percentage of offenders who have had full-time employment for a10

minimum of six (6) months;

11

3.

Have housing upon release from incarceration;

124.

Had stable housing for at least six (6) months; and13

5.

Are arrested, convicted, or returned to custody[incarcerated] within six

1415(6) months, one (1) year, and three (3) years;(k)

The percentage of admissions to prison by offenders under supervision at the

16time of admission, including information regarding whether the violations

17

were criminal or technical;

18

(l)

The percentage of offenders participating in each reentry program operated

19

by, or operated under contract with, the department who were arrested,

20

convicted, or returned to custody within three (3) years of their release from21

custody, including whether they participated in the program while in22

custody, upon release, or both, and the offense that led to the arrest,

23

conviction, or return to custody;

24(m) The percentage of offenders who did not participate in any programs under25

paragraph (l) of this subsection who were arrested, convicted, or returned to26

custody within three (3) years of their release from custody. including the27

offense that led to the arrest, conviction, or return to custody; andPage 70 of 78
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1(n)[(l)]24 RS HB 5/VO

Any other data that provides information on state-funded crime2

reduction and recidivism reduction efforts, including caseload sizes by risk

3

level, participation in treatment and intervention programming, public safety

4outcomes, and cost effectiveness.

5(3)

The cabinet shall annually report to the Governor and to the Legislative Research

6

Commission on:

7

(a)

8

and six (6) year projections of those needs;

9

(b)

10
(c)

12

A six (6) year projection of needed capital construction, program
development, and anticipated requests for appropriations.

Section 47. KRS 520.095 is amended to read as follows:

13

15

Current personnel needs of the cabinet and five (5) year projections of theneeds; and11

14

Numbers and types of prison beds necessary to meet current population needs(1)

A person is guilty of fleeing or evading police in the first degree:(a)When, while operating a motor vehicle with intent to elude or flee, the person

16knowingly or wantonly disobeys a direction to stop his or her motor vehicle,

17

given by a person recognized to be a police officer, and at least one (1) of the18

following conditions exists:

19

1.

20

violence as defined in KRS 403.720;

21

2.

22

The person is driving under the influence of alcohol or any othersubstance or combination of substances in violation of KRS 189A.010;

23

3.

24

The person is driving while his or her driver's license is suspended forviolating KRS 189A.010; or

25

4.

26
27

The person is fleeing immediately after committing an act of domestic

By fleeing or eluding, the person is the cause, or creates substantial risk,of serious physical injury or death to any person or property; or(b)When, as a pedestrian, and with intent to elude or flee, the person knowingly
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1or wantonly disobeys an order to stop, given by a person recognized to be a2

peace officer, and at least one (1) of the following conditions exists:

3

1.

4

violence as defined in KRS 403.720; or

5

2.

6
7

The person is fleeing immediately after committing an act of domestic

By fleeing or eluding, the person is the cause of[, or creates a substantial
risk of,] serious physical injury or death to any person or property.

(2)Fleeing or evading police in the first degree is a Class C[Class D] felony and the8defendant shall not be released on probation, shock probation, conditional

9discharge, or parole until he or she has served at least fifty percent (50%) of the10

sentence imposed.

11Section 48. KRS 520.100 is amended to read as follows:

12

(1)

13

A person is guilty of fleeing or evading police in the second degree when:(a)

As a pedestrian, and with intent to elude or flee[,] the person knowingly or

14

wantonly disobeys a direction to stop[,] given by a person recognized to be a15

peace officer who has an articulable reasonable suspicion that a crime has

16

been committed by the person fleeing, and in fleeing or eluding the person is17

the cause of[, or creates a substantial risk of,] physical injury to any person; or

18

(b)

While operating a motor vehicle with intent to elude or flee, the person

19knowingly or wantonly disobeys a recognized direction to stop his or her

20

vehicle, given by a person recognized to be a peace officer.

21

(2)

22
23

No offense is committed under this section when the conduct involved constitutes a
failure to comply with a directive of a traffic control officer.

(3)

Fleeing or evading police in the second degree is a Class D felony[Class A

24

misdemeanor] and the defendant shall not be released on probation, shock

25

probation, conditional discharge, or parole until he or she has served at least fifty

26

percent (50%) of the sentence imposed.

27

SECTION 49. A NEW SECTION OF KRS CHAPTER 520 IS CREATED TO
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1

READ AS FOLLOWS:

2(1)

24 RS HB 5/VO

A person is guilty of fleeing or evading police in the third degree when, as a3pedestrian and with intent to elude or flee, the person knowingly or wantonly

4

disobeys a direction to stop given by a person recognized to be a peace officer,

5and in fleeing or eluding the person creates a substantial risk of physical injury

6

to any person.

7

(2)

8
9

a failure to comply with a directive of a traffic control officer.
(3)

Fleeing or evading police in the third degree is a Class A misdemeanor.
Section 50. KRS 532.110 is amended to read as follows:

1011

No offense is committed under this section when the conduct involved constitutes(1)

When multiple sentences of imprisonment are imposed on a defendant for more

12

than one (1) crime, including a crime for which a previous sentence of probation or

13

conditional discharge has been revoked, the multiple sentences shall run

14

concurrently or consecutively as the court shall determine at the time of sentence,15

except that:

16

(a)

17

A definite and an indeterminate term shall run concurrently and bothsentences shall be satisfied by service of the indeterminate term;

18

(b)

The aggregate of consecutive definite terms shall not exceed one (1) year;

19

(c)

1.

Except as provided in paragraph (d) of this subsection, the aggregate

20

of consecutive indeterminate terms shall not exceed in maximum length

21

the longest extended term which would be authorized by KRS 532.080

22

for the highest class of crime for which any of the sentences is imposed.

23

2.

24
25

In no event shall the aggregate of consecutive indeterminate terms
exceed seventy (70) years; and(d)The sentences of a defendant convicted of two (2) or more felony sex crimes,

26

as defined in KRS 17.500, involving two (2) or more victims shall run

27

consecutively.
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1

(2)

24 RS HB 5/VO

If the court does not specify the manner in which a sentence imposed by it is to run,2

the sentence shall run concurrently with any other sentence which the defendant3

must serve unless the sentence is required by subsection (3) of this section or KRS

4

533.060 to run consecutively.

5(3)

Notwithstanding any provision in this section to the contrary, if a person is

6

convicted of an offense that is committed while he is imprisoned in a penal or

7

reformatory institution, during an escape from imprisonment, or while he awaits

8

imprisonment, the sentence imposed for that offense may be added to the portion of9

the term which remained unserved at the time of the commission of the offense.

10

The sentence imposed upon any person convicted of an escape or attempted escape11

offense shall run consecutively with any other sentence which the defendant must

12

serve.

13(4)

Notwithstanding any provision in this chapter to the contrary, if a person is

14

convicted of an offense that is committed while he is imprisoned in a penal or

15

reformatory institution, the sentence imposed for that offense may, upon order of16

the trial court, be served in that institution. The person may be transferred to17another institution pursuant to administrative regulations of the Department of18

Corrections.

19Section 51. KRS 514.030 is amended to read as follows:

20

(1)

Except as otherwise provided in KRS 217.181, a person is guilty of theft by

21

unlawful taking or disposition when he or she unlawfully:

22

(a)

23

deprive him or her thereof; or

24

(b)

25
26
27

Takes or exercises control over movable property of another with intent toObtains immovable property of another or any interest therein with intent tobenefit himself or herself or another not entitled thereto.

(2)

Theft by unlawful taking or disposition is a Class B misdemeanor unless:(a)

The property is a firearm (regardless of the value of the firearm), in which
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1
2

24 RS HB 5/VO

case it is a Class D felony;(b)

The property is anhydrous ammonia (regardless of the value of the ammonia),

3

in which case it is a Class D felony unless it is proven that the person violated

4

this section with the intent to manufacture methamphetamine in violation of5

KRS 218A.1432, in which case it is a Class B felony for the first offense and6

a Class A felony for each subsequent offense;

7

(c)

8
9

less than ten thousand dollars ($10,000), in which case it is a Class D felony;
(d)

10
11

The value of the property is five hundred dollars ($500) or more but less than
one thousand dollars ($1,000), in which case it is a Class A misdemeanor;

(e)

12
13

The property is one (1) or more controlled substances valued collectively at

The value of the property is one thousand dollars ($1,000) or more but lessthan ten thousand dollars ($10,000), in which case it is a Class D felony;(f)

The person has three (3) or more convictions under paragraph (d) of this14

subsection within the last five (5) years, in which case it is a Class D felony.

15

The five (5) year period shall be measured from the dates on which the16

offenses occurred for which the judgments of conviction were entered;

17

(g)

18
19

than one million dollars ($1,000,000), in which case it is a Class C felony;
(h)

20
21

The value of the property is one million dollars ($1,000,000) or more but lessthan ten million dollars ($10,000,000), in which case it is a Class B felony;

(i)

22
23

The value of the property is ten thousand dollars ($10,000) or more but less

The value of the property is ten million dollars ($10,000,000) or more, inwhich case it is a Class B felony; or(j)The offense occurs during a declared emergency as defined by KRS 39A.020

24arising from a natural or man-made disaster, within the area covered by the25

emergency declaration, and within the area impacted by the disaster, in which

26

case the person shall be charged one (1) level higher than the level otherwise

27

specified in this subsection.
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(3)

24 RS HB 5/VO

Any person convicted under subsection (2)(i) of this section shall not be released on

2

probation or parole until he or she has served at least fifty percent (50%) of the3

sentence imposed, any statute to the contrary notwithstanding.

4(4)

If any person commits two (2) or more separate offenses of theft by unlawful taking

5or disposition within one (1) year[ninety (90) days], the offenses may be combined

6

and treated as a single offense, and the value of the property in each offense may be

7aggregated for the purpose of determining the appropriate charge. Offenses

8committed in different jurisdictions within the Commonwealth may be combined

9

pursuant to this subsection and tried in any jurisdiction in which venue would be

10proper for at least one (1) of the offenses. A defendant shall not be tried in more

11than one (1) jurisdiction for the same offense or offenses.

12Section 52. KRS 520.015 is amended to read as follows:

13

(1)

A person is guilty of attempting to escape from the penitentiary when he or she:

14

(a)

Conceals himself or herself within the walls of the penitentiary;[ or ]

15

(b)

Attempts to scale the enclosure surrounding the penitentiary;[ or ]

16

(c)

Flees from whatever bounds he or she may be assigned, whether under guard

17

or as a trusty;[ or ]

18

(d)

19

Escapes from a locked cell, dormitory, hospital or other lockup in the
penitentiary;[ or ]

20

(e)

Escapes from one part of the penitentiary to another;[ or ]

21

(f)

Does any other act in furtherance of an escape from the penitentiary; [or ]

22

(g)

Obstructs, disables, tampers with, removes, damages, or destroys any video

23

recording or monitoring device within the penitentiary; or

24

(h)

Does any act or omission constituting criminal attempt under KRS 506.010.

25

(2)

Attempting to escape from the penitentiary is a Class D felony.

26

(3)

No penalty provision of KRS 506.010 shall apply to an offense committed under27

this section.
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SECTION 53. A NEW SECTION OF KRS CHAPTER 15A IS CREATED TO

1
2

READ AS FOLLOWS:

3(1)

The Department of Juvenile Justice shall establish in each county, or assign to4

an existing body the responsibilities of, a local juvenile restorative justice advisory5

committee. For counties within the same judicial district, the requirements of this6

subsection may be satisfied through a joint committee.

7(2)

The membership of each committee shall include the following:

8(a)

The Chief District Judge;

9(b)

The county attorney;

10

(c)

An assistant public advocate;

11

(d)

A representative from the Department for Community Based Services;

12

(e)

A representative from the Department of Juvenile Justice;

13

(f)

A representative from a local law enforcement agency;

14

(g)

A representative from each local school district;

15

(h)

Community members reflecting the racial, socioeconomic, and other16

diversity of the county or, in the case of a joint committee, the counties; and

17
18
19

(i)
(3)

A representative from a victims advocacy group.

Each committee shall:(a)Establish sustainable programs that employ restorative practices to identify

20

the underlying causes of negative behavior and empower children, families,

21

and communities to address and prevent issues surrounding incidents of

22

negative behavior; and

23

(b)

Develop and implement local restorative justice programs with an

24

established organization to serve children, youth, and families through25

referrals from the court, the court-designated worker, the Department of

26

Juvenile Justice, public schools, or other social service agencies, or upon27

request of a child or family.
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(4)24 RS HB 5/VO

Restorative justice programs established pursuant to this section shall not allow

2

participation by a child accused or adjudicated of an offense which would classify

3

him or her as a violent offender under Section 32 of this Act.

4

(5)

Each committee shall meet at least quarterly, and shall report to the Department

5of Juvenile Justice, Office of Community and Mental Health Services.

6Section 54. The following KRS sections are repealed:7512.040 Criminal mischief in the third degree.

8

158.154 Principal's duty to report certain acts to local law enforcement agency.

9Section 55. If any provision of this Act or the application thereof to any person

10or circumstance is held invalid, the invalidity shall not affect other provisions or

11applications of the Act that can be given effect without the invalid provision or

12

application, and to this end the provisions of this Act are severable.

13Section 56. Sections 12 and 13 of this Act take effect August 1, 2025.

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