Rep. Richard White

Create new sections of KRS Chapter 532 to define "violent felony" and enhance sentencing for a person convicted of a third violent felony; prohibit probation, parole, or other form of release for a person who commits a crime using a weapon that is stolen, defaced, loaded with restricted ammunition, or otherwise violates state law; amend KRS 610.070 to require a parent, legal guardian, or custodian to be present at court proceedings involving a child in the juvenile justice system; create a new section of KRS Chapter 610 to establish penalty; amend KRS 507.020 to expand offense of murder; amend KRS 507.030 to expand offense of manslaughter in the first degree; amend KRS 507.040 to expand offense of manslaughter in the second degree; amend KRS 218A.1412 to provide increased penalties for certain trafficking offenses; create a new section of KRS Chapter 515 to create a new offense of carjacking; amend KRS 512.020 and 512.030 to lower the threshold for criminal mischief in the first degree to $500; amend KRS 149.410, 506.160, and 525.220 to conform; amend KRS 520.050 to enhance promoting contraband to a Class B felony if the dangerous contraband is fentanyl, carfentanil, or a fentanyl derivative; amend KRS 16.220 to allow purchase of a confiscated firearm by a person who bids under the condition that they not take possession of the firearm, but instead leave it with the Department of Kentucky State Police for destruction; prohibit government agencies from purchasing the firearm; make technical corrections; create new sections of KRS Chapters 511, 198A, and 65 to establish the offense of criminal street camping and provide exceptions; amend KRS 503.080 to conform; amend KRS 202C.050 to reduce requirements to find a person subject to involuntary commitment pursuant to KRS Chapter 202C; amend KRS 186.417 to include felony offenders released from county jails and local correctional facilities among those who may be issued personal identification cards or operator's licenses under certain conditions; amend KRS 431.510 to define terms; prohibit any charitable bail organization from posting bail in excess of $5,000; prohibit any charitable bail organization from posting bail for any offense of domestic violence and abuse or dating violence and abuse, and for any offense under a civil court order or warrant under KRS 222.430 to 222.437; establish that any bond ordered forfeited following a new criminal offense shall be distributed to the victim of the new offense; require publication of records and annual reporting to the General Assembly; create new section of KRS Chapter 507 to create the offense of murder of a first responder and establish penalties; amend KRS 506.010 to conform; amend KRS 532.025 to include the murder of first responders as an aggravating circumstance for the death penalty; amend KRS 532.036 to allow restitution following a conviction for Murder of a first responder; amend KRS 439.320 to provide that members of the Parole Board shall serve at the pleasure of the Governor, that panels of the board shall consist of not less than three and not more than six members, and that all members of the panel must agree on a decision or the matter shall be referred to the full board; amend KRS 439.330 to require that parole be granted upon a two-thirds vote of the full board; amend KRS 433.236 to limit liability for shopkeepers; amend KRS 439.3401 to add a person who has been convicted of or entered a plea of guilty to a Class B felony violation of KRS 520.050 to the definition of "violent offender" and to include carjacking and attempted murder in the list of violent offenses; amend KRS 508.075 and 508.078, relating to terroristic threatening, to include any workplace or any gathering of 3 or more persons; amend KRS 524.040 to include harassing communications as conduct constituting intimidation of a participant in the legal process; amend KRS 439.340 to allow the Parole Board to order participation in a specific violence reduction program as a condition of parole; amend KRS 533.030 to allow a court to require participationin a specific violence reduction program as a condition of probation or conditional discharge; amend KRS 403.763 and 456.180 to enhance a second or subsequent violation of an order of protection within a five-year period to a Class D felony; amend KRS 500.080 to include family members, members of an unmarried couple, and persons in a dating relationship, in application of a particular definition of serious physical injury; amend KRS 514.020 to reduce the time required to establish prima facie evidence of theft by deception of rented or leased property that is not returned to the owner from 10 days to four days; amend KRS 196.031 to require the annual report to also include the percentage of offenders who commit new offenses within two years; amend KRS 520.095 to enhance fleeing or evading police in the first degree to a Class C felony; provide that the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least 50 percent of the sentence imposed; amend KRS 520.100 to enhance fleeing or evading police in the second degree to a Class D felony; amend KRS 532.110 to provide sentences for two or more felony sex crimes shall run consecutively; provide that the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least 50 percent of the sentence imposed; amend KRS 158.155 to require school employees to report certain enumerated crimes to law enforcement; repeal KRS 512.040, which establishes the crime of criminal mischief in the third degree and KRS 158.154, which deals with discipline in schools; EFFECTIVE, in part, August 1, 2025.

Amend KRS 15A.190 to require the Justice and Public Safety Cabinet to include crimes involving childhood sexual assault or abuse in the JC-3 form; amend KRS 17.500 to include distribution of matter portraying a sexual performance by a minor in the definition of "sex crime"; amend KRS 413.249 to remove the statute of limitations for civil actions arising from childhood sexual assault or abuse; require every civil action arising from childhood sexual assault or abuse to be accompanied by a motion to seal the record; amend KRS 439.3401 to include possession or viewing of matter portraying a sexual performance by a minor and distribution of matter portraying a sexual performance by a minor in the definition of "violent offender"; amend KRS 510.060 to enhance the penalty to a Class C felony if the person is in a position of authority or position of special trust and the victim is under 12 years old; amend KRS 510.090 to enhance the penalty to a Class C felony if the person is in a position of authority or position of special trust and the victim is under 12 years old; amend KRS 510.155 to enhance the penalty of unlawful use of electronic means to induce a minor to a Class C felony; enhance the penalty to a Class B felony if the minor or perceived minor is under 12 years old, the offender is a person is in a position of authority or position of special trust, the offender is a registered sex offender, or a person travels into the Commonwealth for the purpose of procuring or promoting the use of a minor; amend KRS 529.100 to enhance the penalty for human trafficking to a Class B felony, unless the victim is a minor, in which case it is a Class A felony; amend KRS 529.110 to enhance the penalty for promoting human trafficking to a Class C felony unless the victim is a minor, in which case it is a Class B felony; amend KRS 531.010 to include computer-generated image, picture, or motion picture in the definition of "matter"; make technical corrections; amend KRS 531.300 to define "child sex doll" and "traffic"; create new sections of KRS 531.310 to 531.370 to prohibit the possession, trafficking, importing, and advancing of a child sex doll; amend KRS 531.340 to enhance the penalty for distribution of matter portraying a sexual performance by a minor to a Class C felony if the victim is under 18 years old and a Class B felony if the victim is under 12 years old; amend KRS 532.060 to require a person who has been convicted of a violation of KRS 529.100, 529.110, 531.320, 531.335, or 531.340 to serve five years of postincarceration supervision; amend KRS 532.200 to redefine "violent felony offense" as an offense that would classify a person as a violent offender under KRS 439.3401; make technical corrections.

Amend KRS 211.190 to make water fluoridation programs optional; allow the governing bodies of water systems subject to regulation by the Cabinet for Health and Family Services to decide whether they participate in water fluoridation programs; provide that a water fluoridation program in place on the effective date of the Act continues until action is taken by its governing body to end its participation; provide that any decision regarding participation in a water fluoridation program made by the governing body of a water system shall be binding on all water systems it supplies.

Propose a new section of the Constitution of Kentucky to authorize the General Assembly to provide for a financial support for the education of students outside of the public school system; provide ballot language; submit to voters for ratification or rejection.

Create a new section of Subtitle17A of KRS Chapter 304 to require insurers and any exchange to provide a special enrollment period for pregnant individuals; specify requirements for coverage; require group plan insurers to provide notice of special enrollment rights; amend KRS 304.17A-145 to require health benefit plans that provide coverage for dependents to provide coverage for maternity care; amend KRS 304.17A-220 and 194A.099 to conform with the special enrollment requirement; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured state postsecondary education institution group health plans to comply with the special enrollment and maternity coverage requirements; create a new section of KRS Chapter 194A to define terms and provide for the payment of coverage premiums to eligible individuals; amend KRS 205.522 to require Medicaid coverage for maternity services; amend KRS 205.592 to allow the Medicaid income limit for certain women and children to be increased under certain circumstances; amend KRS 205.6485 to require Kentucky Children's Health Insurance Program to provide maternity coverage; amend KRS 164.2847 to provide for a waiver of tuition and mandatory fees for a child conceived and born as a result of sexual assault; amend KRS 164.2849 to declare the interests of the Commonwealth in protecting the unborn and supporting a child conceived and born as a result of sexual assault within established parameters; amend KRS 199.011 to define a child conceived and delivered as a result of sexual assault; amend KRS 199.473 to waive certain fees related to adoption proceedings; amend KRS 199.502 to include a conviction for specified criminal acts for an adoption without consent of the biological living parents; create a new section of KRS Chapter 199 to establish entitlement to nonrecurring adoption expenses under specified circumstances; amend KRS 199.894 to define terms; create a new section of KRS 199.892 to 199.8996 to establish the Child Care Assistance Program and establish eligibility requirements; create a new section of KRS Chapter 211 to direct the Cabinet to provide informational material on benefits available to a victim of sexual assault and a child conceived as a result of the sexual assault; amend KRS 216B.400 to establish requirements for receipt of specified benefits related to sexual assault that results in pregnancy; create a new section of KRS Chapter 49 to establish benefits available to a child born as a result of sexual assault; amend KRS 49.310 to conform; amend KRS 625.090 to add a conviction or guilty plea to any degree of rape, sexual abuse, or sexual misconduct as a basis to terminate parental rights; require the Cabinet for Health and Family Services to apply for a Medicaid waiver if potential cost defrayment or loss of federal funds is identified; provide that the Act may be cited as the Love Them Both Act; EFFECTIVE, in part, January 1, 2025.

Amend KRS 304.17A-600 to define "health care provider"; make conforming amendments; create new sections of KRS 304.17A-600 to 304.17A-633 to establish eligibility criteria and requirements for prior authorization exemptions; establish requirements for rescinding prior authorization exemptions; set forth requirements for external reviews of prior authorization exemption denials and rescissions; establish requirements for sending forms and notices to health care providers; provide that nothing shall be construed to authorize a health care provider to act outside the provider's scope of practice or require an insurer or private review agent to pay for a health care service performed in violation of law; require the commissioner of the Department of Insurance to establish forms; amend KRS 304.17A-605 to establish applicability of provisions relating to prior authorization exemptions to certain insurers and private review agents; amend KRS 304.17A-607 to establish requirements for prior authorizations; amend KRS 304.17A-611 to prohibit the retrospective denial, reduction in payment, and review of health care services for which a health care provider has a prior authorization exemption and establish exceptions; amend KRS 304.17A-621 to conform; amend KRS 304.17A-627 to prohibit conflicts of interest with independent review entities and reviewers of prior authorization exemption denials and rescissions; require independent review entities and reviewers of prior authorization exemption denials and rescissions to submit an annual report to the Department of Insurance; amend KRS 304.17A-633 to require the commissioner of the Department of Insurance to report on external reviews of prior authorization exemptions denials and rescissions; amend KRS 304.17A-706 to conform; amend KRS 205.536 to require managed care organizations contracted to provide Medicaid benefits to comply with the sections on prior authorization exemptions; apply the provisions to contracts delivered, entered, renewed, extended, or amended on or after the effective date of the Act; require the Cabinet for Health and Family Services to seek approval if it is determined that such approval is necessary; EFFECTIVE, in part, January 1, 2025.

Create a new section of KRS Chapter 189 to define terms related to automated license plate readers; establish limitations on use and sale of data captured by automated license plate readers; create a new section of KRS Chapter 183 to define terms and establish limitations on the use of an unmanned aircraft system; create a new section of KRS Chapter 411 to establish a cause of action for the unauthorized use of an unmanned aircraft system; create a new section of KRS Chapter 413 to establish a statute of limitations for an action filed for the unauthorized use of an unmanned aircraft system; create a new section of KRS Chapter 411 to define terms and establish limitations on "deep fakes"; create a new section of KRS Chapter 413 to establish a statute of limitations for an action filed for the unlawful dissemination of a deep fake; create a new section of KRS Chapter 411 to define terms and establish limitations on the introduction of identification devices on or within the human body; create a new section of KRS Chapter 413 to establish a statute of limitations for an action filed for introduction of an identification device; create a new section of KRS Chapter 519 to establish a criminal penalty for illegally disseminating a deep fake; amend KRS 508.152, relating to the unlawful use of tracking devices, to include the installation of a tracking device on the person or property of another without their consent and exempt parental tracking of minors from the prohibition.

Create a new section of KRS Chapter 315 to define terms, prohibit discrimination against 340B covered entities by pharmaceutical manufacturers, and authorize the Attorney General to investigation violations.

Direct local school districts to provide a one-time payment of $2,000 to certified employees, excluding superintendents, in each year of the 2024-2026 biennium, and a one-time payment of $1,000 to classified employees in each year of the 2024-2026 biennium; appropriate $153 million from the Budget Reserve Trust Fund in each year of the 2024-2026 biennium to the Department of Education to provide the payments; APPROPRIATION.

Amend KRS 164.295 to permit Eastern Kentucky University to offer doctor's degrees required for professional practice and licensure in osteopathic medicine.