Safer Kentucky Act awaiting Governor’s signature

With only a little more than a week left in this year’s legislative session, the Kentucky General Assembly has sent House Bill 5, also known as the “Safer Kentucky Act,” to the desk of Governor Andy Beshear.

This bill, sponsored by Representative Jared Bauman of Louisville, is a result of nearly a year’s worth of discussions with constituents and stakeholders. Whitley County’s own Representative Nick Wilson has spoken at-length about these efforts in recent months, specifically as it pertains to how the bill approaches punishments for fentanyl-related drug offenses, which he had a good deal of input on. Generally speaking, the measure is designed to tackle crime at many levels and modernize criminal statutes, some of which were written almost 50 years ago.

The Safer Kentucky Act includes:

• Targeting Violent Persistent Felony Offenders, or the “Three Strikes Law,” requiring life without probation or parole for those convicted of their third violent felony.
• Enhancing the Penalty for Fentanyl Delivery Causing Overdose Death. Death by delivery constitutes manslaughter in the first degree for an individual who knowingly sells fentanyl or a fentanyl derivative to another person and leads to death. Distribution of fentanyl or fentanyl derivatives that results in death would be considered manslaughter in the second degree. Amends the “Good Samaritan” statute to provide criminal immunity from a manslaughter charge for someone who is trying to seek help in an overdose situation.
• Increasing the Penalty for Smuggling Contraband into a Detention Facility. Increases the felony class for smuggling contraband substances within a jail, prison, or other type of detention center to a Class C felony. Substances such as fentanyl, carfentanil, and fentanyl derivatives.
• Regulating Bail Funding Organizations, or “Madelynn’s Law,” preventing charitable organizations from furnishing bail of $5,000 or more. Makes it unlawful to furnish bail regardless of the amount for a violent offense or for a person being held under a civil court order or warrant pursuant to Casey’s Law. Requires photo identification for any person who posts bail on behalf of a charitable bail organization. Requires a charitable bail organization to maintain and make an annual report to the legislature and make it publicly available on the organization’s website. The provision is named in remembrance of Madelynn Troutt, a 17-year-old girl killed in a head on collision with a man just hours after he was released from jail on bail posted by a nonprofit bail fund. The man was speeding down the wrong side of the road in a stolen vehicle.
• Cracking Down on a Fleeing the Police, or “Jake’s Law,” increasing the penalty for fleeing or evading the police in the first degree to a Class C felony. Prevents the defendant from being released on probation, shock probation, conditional discharge, or parole until he or she has served a minimum of 50% of their sentence. The provision is named in honor of the life of Jake Luxemburger, a 10-year-old boy who was killed instantly in a collision with a man with a lengthy criminal record, who led the police on a chase while driving a stolen vehicle.
• Strengthening Shopkeeper’s Privilege. Allows employees and business owners to use a reasonable amount of force necessary to protect themselves, to prohibit the escape of a person detained for theft, or to prevent the loss of goods for sale. Provides criminal immunity for the worker and business owner.
• Increasing Penalties for Attempted Murder. Increases the penalties for those who are convicted of attempted murder to require them to serve a minimum of 85% of their sentence before they are eligible for early release. Adds attempted murder to the violent offense statute.
• Requiring Parents to Attend Juvenile Court Hearings. If a violation occurs, a person shall be fined up to $500 or ordered to participate in up to 40 hours of community service.
• Supporting Successful Re-Entry for Those Leaving Incarceration. Requires the Transportation Cabinet, when funds are available, to issue a personal identification card or operator’s license for an eligible felony offender released after serving his or her sentence. Currently, the Transportation Cabinet only does this for those released from state facilities. Requires regular evaluations of state programs designed to support re-entry and reduce recidivism.
• Creating a Kentucky Statute for Carjacking. Establishes the crime of carjacking in the Commonwealth. Makes carjacking a Class B felony. Clarifies that the provision does not apply to legitimate repossession.
• Increasing Penalties for Vandalism. Changes the felony amount of vandalism damage to $500. Allows for charges to be a Class B misdemeanor if the defendant, prior to trial, effects repair or replacement of the damaged property, completes community service or makes complete reimbursement in the amount of the damages.
• Removing Early Release for Criminals Using Guns in Crimes. Prevents a person from being eligible for probation, parole, conditional discharge, conditional release, or any other form of release prior to the completion of their sentence if the crime is committed in the following three circumstances: Possessed a firearm while being a convicted felon, possessed a firearm that was knowingly stolen, possessed a firearm while on probation, parole, or early release after conviction of a violent offense.
• Improving Protocol for Involuntary Commitment for the Mentally Ill. Eases requirements to enable mentally ill accused criminals to receive treatment.
• Modifying Rules on Auction of Confiscated Murder Weapons. Allows ordinary citizens (without federal firearms license) to bid at Kentucky State Police (KSP) auctions with the provision that any murder weapon they purchase will be destroyed by KSP. Prevents the use of any taxpayer funds in bidding on confiscated murder weapons.
• Combating Street Camping to Improve Rights of Property Owners. Imposes a ban on street camping on public streets, sidewalks, paths, or public areas normally used by pedestrians and/or vehicles, private property, homes, or businesses in any way. Allows for an exemption to the offense of unlawful camping in order to protect someone who sleeps temporarily in their lawfully parked vehicle. Provides that property owners shall not be held criminally liable for any actions taken to defend themselves from the aggressive actions of a person refusing to vacate an illegal street camp, and any such aggression by the camper can be prosecuted as assault. Authorizes local control by allowing local governments to designate indoor or outdoor areas separate from public areas for camping. They must provide for basic sanitation needs.
• Enhancing the Penalty for the Murder of a First Responder. Allows a prosecutor to seek the death penalty or life in prison if there is evidence to show that a first responder was intentionally killed while in lawful performance of their duties. Requires offender to pay compensation to family of the victim.
• Hardening Sentences for Adults Using Juveniles as Criminal Accomplices. Provides that any person over the age of 18 years of age who engages in a criminal conspiracy with a minor shall be charged one level higher than the level provided for the offense.
• Cracking Down on Drive-By Shooters. Increases the penalty for wanton endangerment in the first degree to a Class C felony, if the person discharges a firearm in the commission of the offense. Adds this provision to the violent offense statute.
• Protecting Places of Business from Threats of Mass Violence. Broadening the terroristic threatening statute to include the workplace.
• Addressing Threats or Plans of Violence Intended to Target Schools. Requires a school employee who knows or has reasonable cause to believe that a person has made threats or plans of violence which are intended to target a school or students or who knows that a firearm is present on school property to immediately report the matter to any law enforcement agency created by the local board of education and local or state law enforcement.
• Updating Witness Intimidation Statute. Adding harassing communications to the witness intimidation statute. Harassing communications such as telephone, mail, or any form of electronic or written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication.
• Reducing Recidivism. Requiring those granted parole to participate in group violence intervention.
• Improving Protections for Victims of Domestic and Dating Violence. Increasing penalties for people who repeatedly violate orders of protection to a Class D felony when they occur within five years and are done intentionally and in person.
• Putting the Brakes on Rampant Theft. Allows for offenses from different counties to be combined and prosecuted in any of those counties.
• Enhancing the Violent Offender Statute. Updating the violent offender statute to include the following: Burglary in the first degree if someone other than the criminal is present in the building, robbery in the second degree, arson in the first degree, strangulation in the first degree, carjacking, and wanton endangerment in the first degree which involves the discharge of a firearm. Enhancing the parole eligibility requirements for violent offenders to ensure that they serve at least 85% of their sentence before being eligible for probation or parole. Provides that a violent offender shall only receive credit on their sentence for the time spent in custody prior to the commencement of the sentence.

For more information on the measure, visit legislature.ky.gov.