Criminal Justice

Create a new section of KRS Chapter 500 to remove penalties or prosecutions based on pregnancy outcomes; repeal KRS 530.030 related to concealing the birth of an infant.

This bill amends Kentucky's sentencing laws to remove the 70-year cap on consecutive indeterminate prison terms for certain offenses. It allows judges to impose consecutive sentences for multiple crimes without a maximum limit, except for specific exceptions like when sentences run concurrently for mixed definite and indeterminate terms. The legislation also mandates consecutive sentencing for defendants convicted of multiple felony sex crimes involving multiple victims and clarifies how sentences are calculated when new crimes are committed while a person is already incarcerated. These changes directly affect judges, prosecutors, and defendants by altering how prison time is calculated for repeat offenders and those committing crimes while already in the justice system.

Amend KRS 189A.010, relating to driving under the influence, to provide that a third or subsequent offense within a 10-year period is a Class D felony; provide that if a person is convicted of a third or subsequent offense the minimum term of imprisonment shall be 120 days; establish enhanced penalties for a person under the age of 21 who operates a motor vehicle with an alcohol concentration of 0.02 or more; allow a violation of KRS 189A.010 by a person under the age of 21 who operates a motor vehicle with an alcohol concentration of 0.02 or more to be included as a prior offense for enhancement purposes; amend KRS 189A.070 to create enhanced periods of license suspension for a person under the age of 21 who operates a motor vehicle with an alcohol concentration of 0.02 or more; amend various KRS sections to conform.

Amend KRS 525.080 to enhance the penalty for a harassing communications second offense to a Class A misdemeanor; enhance the penalty for a harassing communications third or subsequent offense and an offense where a person conceals his or her identity to a Class D felony.

Amend KRS 508.090 to define "controlled substance" and "abuse or neglect"; amend KRS 508.100 and 508.110 to conform; amend KRS 508.120 to enhance the penalty of abuse in the third degree if the victim is under 13 years old and suffered serious physical injury as a result of ingesting or inhaling a controlled substance; amend KRS 15.440 to require law enforcement agencies to possess a policies and procedures manual related to pediatric ingestion or inhalation of controlled substances; amend KRS 620.055 to allow the child fatality and near fatality review panel to compel the attendance of members from an investigating agency to discuss cases in closed session; amend various sections to require continuing education on pediatric ingestion or inhalation of controlled substances for certain professionals; amend KRS 620.050 to allow medical professionals to administer comprehensive urine drug screens on children when they suspect abuse or neglect; amend various sections to conform.

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.

Amend KRS 525.010 to define "religious organization" and "religious service"; make technical corrections to existing definitions; create a new section of KRS Chapter 525 to establish the crime of interference with a religious service as a Class A misdemeanor; create a new section of KRS Chapter 411 to establish a civil cause of action for interference with a religious service; amend KRS 525.200 to conform.

Amend KRS 507.060 to establish the crime of vehicular homicide when a person is traveling in excess of 25 miles per hour over the speed limit resulting in the death of another; establish the crime of vehicular homicide for a violation of KRS 189.580(1)(a) resulting in the death of another; provide that the Act may be cited as Daniels Law.

Create a new section of KRS 17.500 to 17.580, relating to the sex offender registry, to define "costume" and "Halloween-related activity"; prohibit sex offenders who have committed a criminal offense against a victim who is a minor from participating in any Halloween-related activity; establish penalties.

Amend KRS 189A.010 to provide that a person who is convicted of a fourth or subsequent violation of this section shall be prohibited from purchasing alcohol for his or her period of license suspension and for 2 years after; make technical corrections; create a new section of KRS Chapter 189A to require that any ignition interlock license or hardship license issued to a person who has been convicted of a fourth or subsequent offense of driving under the influence contain the language "No Alcohol Sale" and a prominent red stripe; create a new section of KRS Chapter 507 to provide that any person who is convicted of an offense in which a death resulted from the person's operation of a motor vehicle while under the influence shall be prohibited from purchasing alcohol during any period of supervision and for 2 years following any period of supervision; require the defendant to surrender his or her license; require the court to notify the Transportation Cabinet; create a new section of KRS 186.400 to 186.640 to require that any operator's license issued to a person convicted of a fourth or subsequent offense of driving under the influence or of an offense in which a death resulted from the person's operation of a motor vehicle while under the influence contain the language "No Alcohol Sale" and a prominent red stripe; create a new section of KRS Chapter 244 to prohibit the sale or distribution of alcohol to any person who is prohibited from purchasing alcohol issued to a person convicted of a fourth or subsequent offense of driving under the influence or of an offense in which a death resulted from the person's operation of a motor vehicle while under the influence.