Criminal Justice

Create a new section of KRS Chapter 218A to establish the criminal offense of unlawful possession of a controlled substance on hospital property as a Class D felony unless a higher penalty applies; require hospitals to display signs regarding unlawful possession; amend KRS 218A.1415 to change the name of the crime of possession of a controlled substance to unlawful possession of a controlled substance; remove controlled substance analogues, methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutric acid, and flunitrazepam from unlawful possession of a controlled substance in the first degree; establish possession of a controlled substance on hospital property as a Class D felony unless a higher penalty applies; amend KRS 218A.1416 to add controlled substance analogues, methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyric acid, and flunitrazepam to unlawful possession of a controlled substance in the second degree; amend KRS 218A.133, 218A.1417, 218A.202, 218A.205, 218A.275, and 218A.500 to conform.

Amend KRS 31.010 and 31.020 to make technical corrections; amend KRS 31.030 to require the annual report filed by the Department of Public Advocacy to inform the LRC and the public of the work of all divisions of the department; amend KRS 31.110 to provide that the Department shall provide legal representation to a person who is accused of being in contempt of court for noncompliance with a court-ordered obligation only when the obligation arises out of a criminal prosecution or conviction or an action or adjudication for a public or status offense; create a new section of KRS Chapter 31 to provide that the Department of Public Advocacy shall not be appointed by a court to provide legal representation unless specifically authorized by KRS 31.110; amend KRS 31.211 to provide that any attorney providing legal representation under KRS Chapter 31 shall forward all information that indicates payment or reimbursement for services to the public advocate; amend KRS 31.215 to provide that any attorney providing legal representation under KRS Chapter 31 shall not accept fees for legal representation; create an exception for unsolicited gifts of de minimis value; amend KRS 31.219 to provide that any attorney providing legal representation under KRS Chapter 31 shall file a notice of appeal after trial if requested by his or her client; amend KRS 202A.121 to provide that an attorney appointed under KRS Chapter 202A shall be paid a fee fixed by the court not to exceed $500; direct the secretary of the Personnel Cabinet to work with the Department of Public Advocacy to develop and implement a new classification series for Department of Public Advocacy Trial Attorneys; make technical corrections.

HB 602 amends Kentucky's criminal code (KRS 501.030) to replace gender-specific language like "he or she" with gender-neutral terms in the definition of criminal liability. This change directly affects all individuals and legal proceedings under Kentucky's criminal statutes by updating how criminal responsibility is described. The key provision modifies the requirement that a person must have engaged in conduct "intentionally, knowingly, wantonly or recklessly" to be liable, ensuring the language applies equally regardless of gender. The bill makes a technical, non-substantive update to existing law without altering criminal penalties or procedures.

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 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.

Amend KRS 337.415, relating to court-ordered appearances by employees, to define terms; prohibit employers from discharging or retaliating against an employee who is a crime victim when the employee takes leave to attend proceedings associated with the prosecution of the crime; require an employee to give an employer reasonable notice to take leave when practicable; provide guidelines for use of paid leave; require the employer to maintain confidentiality of records and communication with employee crime victim; create a civil cause of action for improper discharge, discrimination, retaliation, and failing to maintain confidentiality; amend KRS 337.990 to establish a civil penalty for employer violations.

HB 630 creates a new Class A misdemeanor offense for individuals who witness a serious crime (like one causing serious injury or death) but fail to immediately report it to police under specific conditions. It directly affects ordinary citizens who observe such crimes, requiring them to report if a reasonable person would believe the crime hasn’t been reported and reporting wouldn’t endanger them. The law specifies that failure to report is only punishable if the person could have reported without risk and reasonably believed the crime hadn’t already been reported. This bill changes the legal consequences for non-reporting in these circumstances, making it a punishable offense.

Create a new section of KRS Chapter 600 to enumerate the rights of incarcerated minors; provide that the Act may be cited as the Incarcerated Minor's Bill of Rights.

Amend KRS 189A.010 to create enhanced penalties for a person under the age of 21 who operates a motor vehicle with an alcohol concentration of 0.02 or more; amend KRS 189A.070 to create enhanced periods of license suspenion for a person under the age of 21 who operates a motor vehicle with an alcohol concentration of 0.02 or more; amend KRS 189A.340 to conform.

Create new sections of KRS Chapter 197 to establish the Kentucky Community and Technical College System Prison Education Program within the Department of Corrections in partnership with the Kentucky Community and Technical College System (KCTCS) to provide inmates with job training; require KCTCS to construct a facility to house the program at Northpoint Training Center; establish convictions that preclude participation in the program; require the parties to enter into a memorandum of agreement establishing the responsibilities of each party; amend KRS 196.281 to establish entitlement to a certificate of employability upon successful completion of the program and require reporting by the department; amend KRS 335B.020 to establish that a person shall not be disqualified from public employment or obtaining an occupational license solely because of previous criminal conviction and obtaining a certificate of employment from the department shall constitute rebuttable evidence of rehabilitation and fitness for the occupation; amend KRS 355B.030 to remove a conviction of a Class A felony, Class B felony, or any other felony offense other than a conviction that would qualify the individual as a registrant as defined in KRS 17.500 as supportive of a rebuttable presumption of a connection between that conviction and a license issuance request.