Criminal Justice

Amend KRS 70.280 to authorize certified court security officers to transport individuals being detained or in custody as ordered by the court and to go outside the immediate area of the court facility to provide the transport; authorize arrest powers for certified court security officers while engaged in transporting, monitoring, or supervising prisoners or other individuals ordered transported by the court; amend KRS 202A.028 and 202A.101 to permit certified court security officers to transport individuals under specified circumstances.

Amend KRS 197.020 to establish that the Department of Corrections shall not be required to promulgate administrative regulations regarding the death penalty; establish that execution protocols and procedures may be prescribed by internal policy, memorandum, or another form of action; amend KRS 13A.105 to conform; make technical corrections.

Create a new section of KRS Chapter 29A to establish that a person present at any part of a grand jury proceeding shall not knowingly record the proceeding or disclose any information gathered while present during a proceeding; amend KRS 29A.990 to establish the penalty for knowingly recording or disclosing information gathered at a grand jury proceeding as a Class A misdemeanor unless the person is a public servant as defined in KRS 519.010, in which case it is a Class D felony; amend KRS 500.050 to provide that a misdemeanor violation of knowingly recording or disclosing information gathered at a grand jury proceeding shall be prosecuted within 10 years after the act is committed.

Amend KRS 531.335, relating to possession or viewing of matter portraying a sexual performance by a minor, to provide that the sexual performance may be by a computer-generated image of a minor; provide that any person convicted of possession or viewing of matter portraying a sexual performance by a minor shall not be released on probation or parole without serving 85% of the sentence imposed.

SB 104 creates a new crime in Kentucky law for approaching or remaining within 25 feet of a first responder (including police, probation officers, campus police, and airport officers) after being verbally warned not to, when the person intends to impede duties, threaten harm, or harass the responder. It defines "harass" as causing substantial emotional distress through intentional conduct with no legitimate purpose. Violations are classified as a misdemeanor for first offenses, escalating to a felony for repeated offenses. The bill directly affects individuals who confront first responders during their duties, establishing specific penalties based on the number of prior offenses.

Create new sections of KRS Chapter 610 to establish a pilot program to be known as the Supporting Opportunities for Accountability and Restoration Program for children who are truant; require the pilot program to be established in no less than 10 public school districts; establish the responsive interventions to support and empower teams; establish criteria for participation and procedure for the program; create a new section of KRS Chapter 159 to establish the duties of the director of pupil personnel in school districts that are participating in the pilot program; amend KRS 159.140 to conform; create a new section of KRS Chapter 160 to require schools to collect certain data relating to habitual truancy and require the Kentucky Department of Education to annually report data relating to habitual truancy to the Legislative Research Commission for referral to the Interim Joint Committee on Education and the Interim Joint Committee on Judiciary; amend KRS 610.030 to require the use of an evidence-based family screening tool to identify family strengths, needs, and risks; create family diversion plans and require a child's parent to participate; amend KRS 605.030 to require a court-designated worker to coordinate the pilot program in the school districts that participate; amend KRS 17.125 to allow responsive interventions to support and empower teams to access information on juveniles involved with the juvenile justice system; amend KRS 600.020 to amend the definition of "habitual truant" and define "Supporting Opportunities for Accountability and Restoration Program" or "SOAR Program" and "Responsive Interventions to Support and Empower Teams" or "RISE teams"; create a new section of KRS Chapter 630 to provide that a child who is alleged to be a status offender, adjudicated a status offender, or is a status offender alleged or found to have violated a valid court order shall not be detained in a secure detention facility until the child is at least 16 years old; amend various sections to conform; repeal KRS 630.100.

Create a new section of KRS Chapter 189 to define terms related to automated license plate readers; restrict use of automated license plate readers; establish limitations on use and sale of data captured by automated license plate readers; provide that captured license plate data may be retained longer than 90 days only if it is being used in a criminal or insurance investigation or has become subject to a preservation of evidence notification; require law enforcement agencies to adopt and make public a written policy governing use of automated license plate readers; provide that any recorded images or data captured by an automated license plate reader may be made available to the National Insurance Crime Bureau or its successor organization; require the Transportation Cabinet to establish a permit process for installation of automated license plate readers on highway rights-of-way and to promulgate administrative regulations; amend KRS 189.990 to establish penalty for violation.

­Create a new section of KRS Chapter 510 to establish the offense of grooming a minor; amend KRS 510.010 to define "course of conduct," "grooming behavior," and "sexual conduct"; amend various sections to conform; make technical corrections.

Amend KRS 439.3401 to provide that a violent offender who has received a life sentence and has not been sentenced to 35 years without probation or parole or imprisonment for life without the benefit of probation or parole shall not be released on probation or parole until he or she has served at least 30 years; amend KRS 439.3406 to prohibit a person who has been convicted of a Class B felony or a person who is a violent offender who has been unanimously denied discretionary parole from qualifying for mandatory reentry supervisions; provide that the Department of Corrections shall provide an annual report on the results of the mandatory reentry supervision program to the Legislative Research Commission by February 1 of each year; amend KRS 504.150 to require a treating professional for a defendant who has received a sentence of guilty but mentally ill to file a petition for involuntary hospitalization under KRS Chapter 202A or 202B; amend KRS 532.025 to provide that if a defendant has been found guilty of intentional murder, the jury or court does not have to find any aggravating circumstance to sentence a defendant to imprisonment for life without benefit of probation or parole or imprisonment for life without benefit of probation or parole for 35 years; amend KRS 532.030 to enhance the sentence of imprisonment for life without benefit of probation or parole for 25 years to 35 years; amend KRS 532.110 to provide that sentences of a defendant convicted of 2 or more capital offenses, Class A felonies, Class B felonies, or a combination of those offenses or 2 or more violent offenses involving 2 or more victims shall run consecutively; amend various KRS sections to conform; repeal KRS 504.020 and 504.030; provide that the Act may be cited as Logan's Law.

Propose to amend Section 77 of the Constitution of Kentucky to prohibit the Governor's ability to grant pardons or commute sentences beginning 60 days prior to a gubernatorial election and ending at that gubernatorial inauguration; amend Section 240 of the Constitution of Kentucky to conform; provide ballot language; submit to voters for ratification or rejection.