Criminal Justice

Create new sections of KRS Chapter 411 to establish a cause of action for a person who was wrongfully convicted of a felony in the Commonwealth; specify amounts of damages that may be awarded to claimants; establish the wrongful conviction compensation fund.

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.

Create a new section of KRS Chapter 200 to define terms; establish procedures for a child charged with a public offense to determine if the child is a high acuity youth; establish procedures for securing a treatment plan and dispute resolution through a review process and the court if the parties cannot agree to a plan; require a 24-hour protocol for health facilities, the Cabinet for Health and Family Services, the Department of Juvenile Justice, and the courts to direct care; establish reimbursement rates for inpatient and outpatient psychiatric care of a child by psychiatric hospitals and pediatric teaching hospitals; establish procedures for discharge and transfer of the child from an inpatient admission under specific circumstances; amend KRS 15A.305 to include a mental health facility operated by the Department of Juvenile Justice as an identified facility for the detention and treatment of children; direct the operation of 2 female-only facilities with authority to increase as population increases; direct reimbursement rates for local governments lodging juveniles to be set by administrative regulation; amend KRS 600.020 to remove and add defined terms; amend KRS 610.265 to remove beginning date that is past; amend KRS 610.340 to enable release of information in specific circumstances; amend various sections of KRS to conform; authorize the Justice and Public Safety Cabinet to construct a high acuity youth mental health facility, subject to funding; direct the Cabinet for Health and Family Services to provide clinical services; direct the Department of Juvenile Justice to continue to implement the plan to return to a regional model of detention.

Amend KRS 532.025 to include abuse of a corpse of the victim of kidnapping or murder by engaging in deviate sexual intercourse, sexual intercourse, or sexual contact as an aggravating circumstance; provide that the Act may be cited as Angela's Law.

Amend KRS 510.060, relating to rape in the third degree, to prohibit a school employee from engaging in sexual intercourse with a student enrolled in an elementary or secondary school with whom he or she comes into contact with as a result of that employment; amend KRS 510.090, relating to sodomy in the third degree, to prohibit a school employee from engaging in deviate sexual intercourse with a student enrolled in an elementary or secondary school with whom he or she comes into contact with as a result of that employment; amend KRS 510.110, relating to sexual abuse in the first degree, to prohibit a school employee from subjecting a student to sexual contact, engaging in masturbation in the student's presence, or engaging in masturbation while using the internet, telephone, or other electronic communication with a student who can see or hear the school employee masturbate; amend KRS 510.010 to define "school employee"; amend various sections of the Kentucky Revised Statutes to conform and 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.

Create a new section of KRS Chapter 431 to define terms; provide that a person shall not be eligible for pretrial release until he or she can provide proof of citizenship or that he or she is lawfully permitted to be in the United States; provide that a person shall not be held for longer than 48 hours due to his or her inability to provide proof of citizenship or permission to be in the United States; require a law enforcement agency, jail, or regional jail that has custody of a person who cannot provide proof of citizenship or that he or she is lawfully permitted to be in the United States to immediately notify the United States Department of Homeland Security to determine if the person is a citizen, lawfully permitted to be in the United States, or subject to a United States Immigration and Customs Enforcement detainer; provide that the lack of proof of citizenship or permission to be in the United States shall be considered when completing a pretrial risk assessment.

Amend KRS 186.417 to require that felony offenders released from county jails and local correctional facilities be issued personal identification cards or operator's licenses under certain conditions.

Create a new section of KRS Chapter 532 to allow evidence relevant to sentencing to be introduced by the Commonwealth and evidence in mitigation or support of leniency to be introduced by the defendant during sentencing hearings in non-felony cases.

HB 493 makes it a Class D felony to intentionally alter, disable, or damage video monitoring systems in Kentucky correctional facilities. It expands existing law - which already criminalizes tampering with electronic tracking devices for probation, parole, or pretrial release - to specifically cover video recording or monitoring equipment inside prisons. The bill directly affects anyone who might interfere with these systems, including inmates, staff, or visitors. It creates a clear legal consequence for disrupting surveillance in correctional settings without adding new requirements or exemptions. This is a straightforward criminal code amendment focused on enhancing security for prison monitoring systems.