AN ACT relating to crimes and punishments.
Summary
Create new sections of KRS Chapter 533 to define terms; require the court, upon conviction of the defendant, to consider the defendant's status as a primary caretaker of a dependent child unless the defendant is a violent offender, the victim is a child, or a statute prohibits an alternative sentence; require the court, upon a finding that the defendant is a primary caretaker of a dependent child, to consider an alternative sentence; provide that the defendant shall have the right to present an alternative sentencing plan and a family impact statement to the court; provide that in issuing an alternative sentence, the court may require the defendant to participate in programs and services that support the parent-child relationship; provide that the court may modify or revoke the alternative sentence and commit the defendant to an institution if the defendant fails to adhere to or complete the conditions of an alternative sentence; require the Administrative Office of the Court to report annually, beginning in 2026, to the Kentucky State Corrections Commission and to the Legislative Research Commission on the number, percentage, and demographics of parents and children impacted under this Act; provide that the Act may be cited as the Primary Caretaker Consideration Act.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
House Passage
Feb 2025
Senate Passage
Governor
Introduced Feb 4, 2025
Last action Mar 4, 2025
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
Current/Final
·
5 edits
MODERATE
The bill was renumbered from a bill reference (BR 1355) to a House Bill (HB 291) and underwent significant restructuring of definitions and sentencing procedures. The most substantive change is the replacement of the term 'primary caretaker' with 'caretaker' and the expansion of the age range for dependent children from under 21 to under 25, with specific provisions for those under guardianship. The court's consideration of alternative sentences for parents facing incarceration was also modified to include additional factors such as administrative findings of child abuse or neglect and registered sex offender status.
Scope change
The bill's scope expanded by broadening the age definition of dependent children and adding specific disqualifying factors for alternative sentencing consideration.
DEFINITION
Changed the term 'primary caretaker of a dependent child' to simply 'caretaker of a dependent child' throughout the bill.
Changed 'Family impact statement' from potentially oral or written to specifically written documentation.
ELIGIBILITY
Expanded the age range for dependent children from under 21 to under 25 years old, with specific provisions for those under guardianship.
REQUIREMENT
Added new disqualifying factors for alternative sentencing, including administrative findings of child abuse or neglect and registered sex offender status.
Modified the court's consideration process to require findings about caretaker status before imposing sentences for felony offenses.
Floor votes · House Feb 26, 2025
How they voted
97–0
Passed · 7 other
Total votes 104
Feb 26, 2025
D
Democratic21
85% Yea
R
Republican83
95% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
10
Key actions
2
Committee
5
Mar 4, 2025
Committee
to Families & Children (S)
upper
Feb 27, 2025
Committee
to Committee on Committees (S)
upper
Feb 26, 2025
Lower · Passed
3rd reading, passed 93-0 with Committee Substitute (1)
lower
Feb 20, 2025
Lower · Passed
reported favorably, 1st reading, to Calendar with Committee Substitute (1)
lower
Feb 7, 2025
Committee
to Families & Children (H)
lower
Feb 4, 2025
Committee
to Committee on Committees (H)
lower
Feb 4, 2025
Introduced
introduced in House
lower
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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