The Safer Kentucky Act
This graphic shows a listing of the various legislation addressed in this Act. Image courtesy of X.com
By PJ Martin
Editor
The Herald-News
The Safer Kentucky Act or HB 5 is 68 pages of legislation that changes bits and pieces of several current Kentucky Revised Statutes (KRS). There are a few items in the act that are specifically effective in August; however, the following items were effective on July 15th.
The bill adds several offenses to the list of crimes considered “violent offenses” which should give local law enforcement better ways to deal with the small portion of the population that is responsible for the majority of the crimes in their area.
Added to the violent offender list is a person convicted of or pleading guilty to the attempted commission of a capital or Class A felony offense as follows: the committing of robbery in the 1st and 2nd degree, arson in the 1st degree, strangulation in the 1st degree, carjacking, promoting contraband, wanton endangerment, burglary in the 1st degree (under certain circumstances), or any felony resulting in death or serious injury. The changes require all violent offenders to serve 85% of their sentence before being eligible for parole and eliminate all earned sentence credits for violent offenders.
HB 5 makes wanton endangerment in the 1st degree a Class C felony when it involves the discharge of a firearm and/or if it concerns terroristic threatening to include any workplace or any gathering of three or more people.
The Act increases the class of felony for fleeing or evading police in the 1st degree to a Class C felony and the defendant cannot be released on probation, shock probation, conditional discharge, or parole without serving at least 50% of the sentence they receive.
One section establishes an updated three-strikes law. A person convicted of a 3rd violent felony who has previously been convicted of two separate violent felonies shall be sentenced to a term of imprisonment for life without the benefit of probation or parole if the felony is not a capital offense. If the felony is a capital offense the sentence of death, or a term of imprisonment for life without the benefit of probation or parole.
Amendments to KRS 439.330 require that parole be granted upon a two-thirds vote of the full Parole Board and amends KRS 439.340 to allow the Parole Board to order participation in specific violence reduction programs as a condition of parole.
Sections of the Act allow a person to purchase a confiscated firearm, but only under the condition, that the person leaves the firearm with the Department of Kentucky State Police for destruction. It also prohibits government agencies from purchasing these firearms.
A person is guilty of criminal mischief in the 1st degree when he/she intentionally or wantonly defaces, destroys, or damages any property causing the loss of $500 up to $1,000; a tenant, intentionally or wantonly defaces, destroys, or damages residential rental property causing damages equaling $500 up to $1,000. Criminal mischief in the 1st degree is a Class D felony unless it occurs during a declared emergency or disaster then it is a Class C felony.
KRS 610.070 amendments require that a parent, legal guardian, or custodian be present at court proceedings involving a child in the juvenile justice system. If the designated parent, legal guardian, or custodian is not present this is a violation and carries a fine of no more than $500 and 40 hours of community service.
Amendments to KRS 158.155 requires that school employees report specific crimes to law enforcement.
Also amended is KRS 196.031, requiring the percentage of offenders who commit new offenses within two years to be included in the require the annual report
The Act creates new sections of KRS Chapters 65, 198A, and 511, to establish the offense of criminal street camping (homeless). A person is guilty of unlawful camping when he /she knowingly enters or remains on a public or private street, sidewalk, area under a bridge or underpass, path, park, or other area designated for use by pedestrians or vehicles, including areas of traffic in/out of businesses, homes, or public buildings, with the intent to sleep or camp in that area, without authorization or it being a designated camping area.
Unlawful camping is a violation for the 1st offense; a Class B misdemeanor for the 2nd and $250 for each further offense. This does not apply to recreational camping areas, rest areas, or property designated for resting or sleeping.
There are many more amendments to sections of KRS concerning stronger penalties for fleeing or evading police; carjacking; theft by deception of rented or leased property; harassing communications; selling narcotics; and manslaughter.
HB5 also provides for much stricter laws on the distribution of schedule I and II substances (except fentanyl or its derivatives) drugs especially when linked to death (Manslaughter 2nd Degree). Fentanyl or its derivatives are specifically singled out with the charges being one level higher.
To read the entire 68-page Safer Kentucky Act document go to: https://apps.legislature.ky.gov/CommitteeDocuments/8/28195/6.%20Safer%20Kentucky%20Act.pdf.
