HB 249 clears KY Senate, expected to be signed into law this week

82nd House District Representative Nick Wilson’s first major legislation as a lawmaker was passed through the Kentucky Senate last week and is expected to be signed into law by the governor in the coming days.

HB 249, also known as Kimber’s Law, easily passed the Senate by a vote of 32-4 late Thursday night before the General Assembly left for a nearly two-week veto recess.

Despite the overwhelming support, Wilson said prior to its passage he was anxious that the bill wouldn’t even make it to the Senate floor before the recess as time was running out for it to be brought up for a vote.

“It was 8:30 at night and the Senate still hadn’t called it. I had to go over there on the Senate floor—and I didn’t even know we were allowed on the Senate floor first off, to show you how much of a rookie I am—and then [Senate President Robert] Stivers saw me and I asked him if he was going to take it up. He said, ‘I don’t know. I am trying, but time is running out,’” said Wilson.

As Wilson continued to wait, Senator John Schickel, who was part of the Senate Judiciary Committee that the bill was presented to after its passage in the Kentucky House, approached him to provide praise for the bill.

“He said, ‘Son, I love that bill. That’s a great bill. I’m so glad that someone is finally standing up for stuff like this.’ I told him I didn’t think it was going to get called and he said, ‘You want me to carry it?’ And I said ‘Yes, please!’” said Wilson.

The bill has now been sent to Governor Andy Beshear’s desk for signing. Wilson said Tuesday morning that he has been in contact with the governor’s office and expects the bill to be scheduled for signature sometime Wednesday or Thursday.

HB 249 would amend state law to include the intentional killing of a child under 12 years old as an aggravating circumstance for which the death penalty may be authorized by a prosecutor.

Under existing state law, there are eight aggravating circumstances relating to murder that can allow prosecutors to seek the death penalty in a case, such as if the defendant committed the crime while also committing another violent act (robbery, rape, etc.) or the defendant killed or created a great risk of death to more than one person. Without one of those aggravating circumstances, prosecutors cannot even attempt to seek a possible sentence of life without the possibility of parole.

The bill stems from a case Wilson worked on in McCreary County as an Assistant Commonwealth’s Attorney. That case involved the murder of two-year-old Kimber Collins, the namesake of the bill, who was beaten over the course of three hours by her mother’s boyfriend before being taken to the hospital. Collins was kept alive by a ventilator for three days before her mother was forced to make the decision to cease life support.

In that case, the defendant, Michael Cody Huff, received a 35-year sentence, which Wilson has described as “not enough.”

Wilson called HB 249 his biggest priority coming into his first year as a legislator, making it one of his key goals to work toward becoming law. But seeing it come to fruition in his first session has been nothing short of special.

“It feels amazing to achieve this goal. I’m so incredulous—like, I can’t believe it actually happened. It was a difficult process, and it all happened so quickly within a week or so,” said Wilson. “The bill’s success is a testament to hard work and the power of prayer. I want to thank everyone for their support.”

There’s still two days left in the General Assembly’s schedule—March 29 and 30—for lawmakers to reconvene and consider any overrides of bills Beshear may veto, but Wilson is already considering what more he can do to effect change in his new role.

“My next goals involve the parks and bringing tourism to our area. First, I think that Kentucky citizens should receive discounts at Kentucky owned parks and facilities, such as campgrounds and golf courses. I hope to tackle this next session,” said Wilson. “My next big dream, however, is bringing an accessible and convenient kayaking and tubing attraction to Williamsburg. We have the beautiful Cumberland River and the proper access points to do so. We have a great opportunity for tourism and business if we provide rental kayaks, tubes, coolers, parking, transportation, and facilities. It would be a huge success for our State Parks Department.”