Kentucky 2021 Regular Session Status: Passed Senate 4 R cosponsors

SB 211 — AN ACT relating to public safety.

Last action — to Committee on Committees (H)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

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940 added · 1135 removed

940 line(s) added, 1135 removed.

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UNOFFICIAL COPY 21 RS BR 291 AN ACT relating to public safety.
UNOFFICIAL COPY 21 RS SB 211/GA AN ACT relating to public safety.
(6)[(5)] "Felony" means an offense for which a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Corrections may be Page 1 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 imposed;
(6)[(5)] "Felony" means an offense for which a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Corrections may be Page 1 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA imposed;
Page 2 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (16)[(14)] "Possession" means to have actual physical possession or otherwise to exercise actual dominion or control over a tangible object;
Page 2 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA (16)[(14)] "Possession" means to have actual physical possession or otherwise to exercise actual dominion or control over a tangible object;
(17) "Public assistance benefits" means cash assistance received via an electronic benefit transfer card or any other form of cash assistance under Title IV of the federal Social Security Act, the Supplemental Nutrition Assistance Program, or any other public assistance program administered by the Cabinet for Health and Family Services;
(17) "Riot" means a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function;
(18) "Riot" means a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function;
(18)[(15)] "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.
(19)[(15)] "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.
Page 3 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (h) Rib fracture;
(h) Rib fracture;
(l) A concussion that results in the child becoming limp, unresponsive, or results in seizure activity;
(l) A concussion that results in the child becoming limp, unresponsive, or results Page 3 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA in seizure activity;
(20)[(16)] "Unlawful" means contrary to law or, where the context so requires, not permitted by law.
(19)[(16)] "Unlawful" means contrary to law or, where the context so requires, not permitted by law.
(21)[(17)] "Violation" means an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed;
(20)[(17)] "Violation" means an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed;
and (22)[(18)] "Weapon of mass destruction" means:
and (21)[(18)] "Weapon of mass destruction" means:
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is Page 4 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 intended or likely to cause death or great bodily harm to another if:
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle;
The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that Page 4 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA person's will from the dwelling, residence, or occupied vehicle;
The person who uses the defensive force would be justified in a use of defensive force under paragraph (a) of this subsection;
The person who uses defensive force would be justified in a use of defensive force under paragraph (a) of this subsection;
The person against whom the defensive force was used was intentionally blocking or preventing the person from escape.
The person against whom defensive force was used was intentionally blocking or preventing the person from escape.
(c) The person who uses defensive force is engaged in an unlawful activity or is Page 5 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 using the dwelling, residence, or occupied vehicle to further an unlawful activity;
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity;
or (d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer.
or (d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the Page 5 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer.
A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO READ AS FOLLOWS:
A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO READ AS FOLLOWS:
In any conviction for a violation of Section 4, 5, 6, or 7 of this Act, the court shall order full restitution for any pecuniary loss.
(1) A defendant shall be subject to an enhanced sentence under subsection (3) of this section if he or she is convicted of a crime and it is proven beyond a reasonable doubt that the defendant:
Section 4.
(a) Would not have committed the crime but for the riot, and (b) Committed the crime:
KRS 508.010 is amended to read as follows:
1.
(1) A person is guilty of assault in the first degree when:
During the course of a riot;
(a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument;
2.
or (b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to Page 6 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 another and thereby causes serious physical injury to another person.
In reasonable proximity to the riot;
(2) Assault in the first degree is a Class B felony.
and 3.
(3) If the offense is committed during the course of a riot:
With knowledge that a riot was occurring.
(a) The minimum term of imprisonment shall be fifteen (15) years, notwithstanding KRS Chapter 532;
(2) Unless a jury trial has been waived, when a defendant is convicted of a crime and the defendant is charged with committing the underlying offense as described in subsection (1) of this section:
and (b) A fine of ten thousand dollars ($10,000) shall be assessed, notwithstanding KRS 534.040.
(a) The court shall conduct a hearing, separate from the proceeding that resulted in the defendant's conviction for the underlying offense, to Page 6 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA determine whether the person committed the underlying offense as described in subsection (1) of this section;
(b) The hearing shall be conducted by the same court and jury that convicted the defendant of the underlying offense, unless the court for good cause discharges that jury and impanels a new jury for that purpose;
and (c) The jury shall determine whether, beyond a reasonable doubt, the person committed the underlying offense as described in subsection (1) of this section.
(3) When a defendant has been found to have committed an offense as described in subsection (1) of this section, his or her sentence for the underlying offense shall be enhanced as follows:
(a) If the underlying offense is a Class B misdemeanor:
1.
The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of twenty percent (20%) of the imposed sentence;
and 2.
A fine of two hundred fifty dollars ($250) shall be assessed, notwithstanding KRS 534.040;
(b) If the underlying offense is a Class A misdemeanor:
1.
The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of twenty percent (20%) of the imposed sentence;
and 2.
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A fine of five hundred dollars ($500) shall be assessed, notwithstanding KRS 534.040;
(c) If the underlying offense is a Class D felony:
1.
The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the person's initial parole eligibility date consistent with Page 7 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA administrative regulations promulgated pursuant to KRS 439.340;
and 2.
A fine of five thousand dollars ($5,000) shall be assessed, notwithstanding KRS 534.040;
(d) If the underlying offense is a Class C felony:
1.
The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the person's initial parole eligibility date consistent with administrative regulations promulgated pursuant to KRS 439.340;
and 2.
A fine of seven thousand five hundred dollars ($7,500) shall be assessed, notwithstanding KRS 534.040;
(e) If the underlying offense is a Class B felony:
1.
The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the person's initial parole eligibility date consistent with administrative regulations promulgated pursuant to KRS 439.340;
and 2.
A fine of ten thousand dollars ($10,000) shall be assessed, notwithstanding KRS 534.040;
(f) If the underlying offense is a Class A felony:
1.
The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the person's initial parole eligibility date consistent with administrative regulations promulgated pursuant to KRS 439.340;
and 2.
A fine of ten thousand dollars ($10,000) shall be assessed, notwithstanding KRS 534.040.
SECTION 4.
A NEW SECTION OF KRS CHAPTER 431 IS CREATED TO READ AS FOLLOWS:
Notwithstanding KRS 431.066 and 431.520, a person who has been charged with an Page 8 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA offense during the course of a riot shall not be released until forty-eight (48) hours have passed since the time of arrest and the person appears before a judge.
KRS 508.020 is amended to read as follows:
(1) A person is guilty of assault in the second degree when:
(a) He intentionally causes serious physical injury to another person;
or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument;
or (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
(2) Assault in the second degree is a Class C felony.
(3) If the offense is committed during the course of a riot:
(a) The minimum term of imprisonment shall be seven and one-half (7-1/2) years, notwithstanding KRS Chapter 532;
and (b) A fine of seven thousand five hundred dollars ($7,500) shall be assessed, notwithstanding KRS 534.040.
Section 6.
An employee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for Page 7 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender;
An employee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender;
A transportation officer appointed by a county fiscal court or legislative body of a consolidated local government, urban-county government, or charter government to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties;
A transportation officer appointed by a county fiscal court or legislative Page 9 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA body of a consolidated local government, urban-county government, or charter government to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties;
A public or private elementary or secondary school or school district Page 8 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 volunteer acting in the course and scope of that person's volunteer service for the school or school district;
A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district;
If the offense is committed during the course of a riot:
1.
The minimum term of imprisonment shall be four (4) years, notwithstanding KRS Chapter 532;
2.
A fine of five thousand dollars ($5,000) shall be assessed, notwithstanding KRS 534.040;
and 3.
Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for one (1) year.
For violations of subsection (1)(c) of this section, assault in the third degree is a Class B misdemeanor, unless committed during the course of a riot, in which case it is a Class A misdemeanor, subject to the Page 9 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 following conditions:
For violations of subsection (1)(c) of this section, assault in the third degree is a Class B misdemeanor, unless committed during the course Page 10 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA of a riot, in which case it is a Class A misdemeanor.
a.
The minimum term of imprisonment shall be six (6) months, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of three (3) months;
b.
A fine of five hundred dollars ($500) shall be assessed, notwithstanding KRS 534.040;
and c.
Any person convicted under this subparagraph shall be disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card for six (6) months.
If the assault is with saliva, vomit, mucus, blood, seminal fluid, urine, or feces from an adult who knows that he or she has a serious communicable disease and competent medical or epidemiological evidence demonstrates that the specific type of contact caused by the actor is likely to cause transmission of the disease or condition[, in which case] it is a Class A misdemeanor, unless committed during the course of a riot, in which case it is a Class D felony, subject to the following provisions:
If the assault is with saliva, vomit, mucus, blood, seminal fluid, urine, or feces from an adult who knows that he or she has a serious communicable disease and competent medical or epidemiological evidence demonstrates that the specific type of contact caused by the actor is likely to cause transmission of the disease or condition[, in which case] it is a Class A misdemeanor, unless committed during the course of a riot, in which case it is a Class D felony.
a.
The minimum term of imprisonment shall be four (4) years, notwithstanding KRS Chapter 532;
b.
A fine of five thousand dollars ($5,000) shall be assessed, notwithstanding KRS 534.040;
and c.
Any person convicted under this subparagraph shall be disqualified from receiving public assistance benefits by means of direct case payment or an electronic benefits transfer access Page 10 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 card for one (1) year.
Section 7.
Section 6.
(3) If the offense is committed during the course of a riot:
SECTION 7.
(a) The minimum term of imprisonment shall be six (6) months, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of three (3) months;
(b) A fine of five hundred dollars ($500) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for six (6) months.
Page 11 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 SECTION 8.
(1) A person is guilty of unlawful camping on property owned by the Commonwealth when he or she knowingly camps on an area which is not specifically designated for use as a camping area by the department or agency responsible for the land.
(1) As used in this section, "camping" means, at any time between 10 p.m.
A person shall not be guilty of a violation of this section unless the person received a warning not to engage in camping from an official responsible for the protection of the property in question and continued to engage in camping or returned within twenty-four (24) hours of the warning to continue to engage in camping.
and 7 Page 11 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA a.m.:
(2) As used in this section, "camping" means, at any time between 10 p.m.
and 7 a.m.:
(3) Any items used to commit a violation of this section, including items abandoned at the location of the offense, are subject to confiscation, seizure, and claiming in accordance with subsection (4) of this section.
(2) (a) A person is guilty of unlawful camping on property owned by the Commonwealth when:
Page 12 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (4) (a) Any property subject to confiscation or seizure under subsection (3) of this section, or left unattended after arrest or issuance of a citation for camping in violation of subsection (1) of this section, and taken into custody shall be held in a secure location for a period of ninety (90) days.
1.
He or she knowingly camps on an area which is not specifically designated for use as a camping area by the department or agency responsible for the land;
and 2.
He or she camps during the course of a riot or within twenty four (24) hours following a riot.
(b) A person shall not be guilty of a violation of this section unless the person received a warning not to engage in camping from an official responsible for the protection of the property in question and continued to engage in camping or returned within twenty-four (24) hours of the warning to continue to engage in camping.
(3) Any items used to commit a violation of this section, including items abandoned at the location of the offense, are subject to confiscation, seizure, and claiming in Page 12 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA accordance with subsection (4) of this section.
(4) (a) Any property subject to confiscation or seizure under subsection (3) of this section, or left unattended after arrest or issuance of a citation for camping in violation of subsection (2) of this section, and taken into custody shall be held in a secure location for a period of ninety (90) days.
The state and state employees, agents, and contractors are immune from liability for confiscation of property in compliance with this subsection.
The state and state employees, agents, and contractors shall be immune from liability for confiscation of property in compliance with this subsection.
(5) (a) Unlawful camping on property owned by the Commonwealth is a Class A misdemeanor.
(5) Unlawful camping on property owned by the Commonwealth is a Class A misdemeanor.
If the offense is committed during a riot:
Upon a second or subsequent offense, unlawful camping is a Class D felony.
1.
(6) No person shall be convicted of unlawful camping on property owned by the Page 13 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA Commonwealth when he or she is a homeless individual as defined in KRS 198A.700.
The minimum term of imprisonment shall be six (6) months, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, Page 13 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 or any other form of early release prior to the expiration of three (3) months;
Section 8.
2.
A fine of five hundred dollars ($500) shall be assessed, notwithstanding KRS 534.040;
and 3.
Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for six (6) months.
(b) Upon a second or subsequent offense, unlawful camping is a Class D felony.
If the offense is committed during a riot:
1.
The minimum term of imprisonment shall be four (4) years, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the person's initial parole eligibility date consistent with administrative regulations promulgated pursuant to KRS 439.340;
2.
A fine of five thousand dollars ($5,000) shall be assessed, notwithstanding KRS 534.040;
and 3.
Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for one (1) year.
(c) In any conviction for a violation of this section, the court shall order full restitution for any pecuniary loss.
SECTION 9.
A NEW SECTION OF KRS CHAPTER 512 IS CREATED TO READ AS FOLLOWS:
In any conviction for a violation of Sections 10, 11, and 12 of this Act, the court shall order full restitution for any pecuniary loss.
Section 10.
KRS 512.020 is amended to read as follows:
Page 14 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (1) A person is guilty of criminal mischief in the first degree when, having no right to do so or any reasonable ground to believe that he or she has such right, he or she intentionally or wantonly:
(a) Defaces, destroys, or damages any property causing pecuniary loss of $1,000 or more;
or (b) Tampers with the operations of a key infrastructure asset, as defined in KRS 511.100, in a manner that renders the operations harmful or dangerous.
(2) Criminal mischief in the first degree is a Class D felony.
(3) If the offense is committed during the course of a riot:
(a) The minimum term of imprisonment shall be four (4) years, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the person's initial parole eligibility date consistent with administrative regulations promulgated pursuant to KRS 439.340;
(b) A fine of five thousand dollars ($5,000) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for one (1) year.
Section 11.
KRS 512.030 is amended to read as follows:
(1) A person is guilty of criminal mischief in the second degree when, having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property causing pecuniary loss of $500 or more.
(2) Criminal mischief in the second degree is a Class A misdemeanor.
(3) If the offense is committed during the course of a riot:
Page 15 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (a) The minimum term of imprisonment shall be six (6) months, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of three (3) months;
(b) A fine of five hundred dollars ($500) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for six (6) months.
Section 12.
KRS 512.040 is amended to read as follows:
(1) A person is guilty of criminal mischief in the third degree when:
(a) Having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property;
or (b) He tampers with property so as knowingly to endanger the person or property of another.
(2) Criminal mischief in the third degree is a Class B misdemeanor.
(3) If the offense is committed during the course of a riot:
(a) The minimum term of imprisonment shall be three (3) months, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of forty five (45) days;
(b) A fine of two hundred fifty dollars ($250) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for three (3) months.
Page 16 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 Section 13.
(2) Resisting arrest is a Class A misdemeanor unless committed during the course of a riot, in which case it is a Class D felony, subject to the following provisions:
(2) Resisting arrest is a Class A misdemeanor unless committed during the course of a riot, in which case it is a Class D felony.
(a) The minimum term of imprisonment shall be four (4) years, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the person's initial parole eligibility date consistent with administrative regulations promulgated pursuant to KRS 439.340;
Section 9.
(b) A fine of five thousand dollars ($5,000) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for one (1) year.
Section 14.
(2) No person shall intentionally obstruct or disrupt an emergency responder from Page 17 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 performing his or her official duties.
(2) No person shall intentionally obstruct or disrupt an emergency responder from performing his or her official duties.
(3) Obstructing an emergency responder is a violation for a first offense, and a Class B misdemeanor for a second or subsequent offense unless committed during the course of a riot, in which case it is a Class D felony, subject to the following provisions:
(3) Obstructing an emergency responder is a violation for a first offense, and a Class B misdemeanor for a second or subsequent offense unless committed during the course of a riot, in which case it is a Class D felony.
(a) The minimum term of imprisonment shall be four (4) years, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the person's initial parole eligibility date consistent with administrative regulations promulgated pursuant to KRS 439.340;
Section 10.
(b) A fine of five thousand dollars ($5,000) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for one (1) year.
Section 15.
and (b) In the course of and as a result of such riot a person other than one (1) of the participants suffers physical injury or substantial property damage occurs.
and Page 14 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA (b) In the course of and as a result of such riot a person other than one (1) of the participants suffers physical injury or substantial property damage occurs.
(2) Riot in the first degree is a Class D felony subject to the following provisions:
(2) Riot in the first degree is a Class D felony.
(a) The minimum term of imprisonment shall be four (4) years, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other Page 18 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 form of early release prior to the person's initial parole eligibility date consistent with administrative regulations promulgated pursuant to KRS 439.340;
Section 11.
(b) A fine of five thousand dollars ($5,000) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for one (1) year.
Section 16.
(2) Riot in the second degree is a Class A misdemeanor subject to the following provisions:
(2) Riot in the second degree is a Class A misdemeanor.
(a) The minimum term of imprisonment shall be six (6) months, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of three (3) months;
Section 12.
(b) A fine of five hundred dollars ($500) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for six (6) months.
Section 17.
KRS 525.040 is amended to read as follows:
(1) A person is guilty of inciting to riot when he incites or urges five (5) or more persons to create or engage in a riot.
Page 19 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (2) Inciting to riot is a Class A misdemeanor subject to the following provisions:
(a) The minimum term of imprisonment shall be six (6) months, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of three (3) months;
(b) A fine of five hundred dollars ($500) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for six (6) months.
Section 18.
(3) If the offense is committed during the course of a riot:
Section 13.
(a) The minimum term of imprisonment shall be three (3) months, Page 20 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of forty five (45) days;
(b) A fine of two hundred fifty dollars ($250) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for three (3) months.
Section 19.
(a) When having no legal privilege to do so he, alone or with other persons, intentionally or wantonly renders any highway or public passage impassable without unreasonable inconvenience or hazard;
(a) When having no legal privilege to do so he, alone or with other persons, Page 15 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA intentionally or wantonly renders any highway or public passage impassable without unreasonable inconvenience or hazard;
(4) Obstructing a highway or other public passage is a Class B misdemeanor unless committed during the course of a riot, in which case it is a Class D felony, subject to the following provisions:
(4) Obstructing a highway or other public passage is a Class B misdemeanor unless committed during the course of a riot, in which case it is a Class D felony.
Page 21 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (a) The minimum term of imprisonment shall be four (4) years, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the person's initial parole eligibility date consistent with administrative regulations promulgated pursuant to KRS 439.340;
Section 14.
(b) A fine of five thousand dollars ($5,000) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card for one (1) year.
Section 20.
KRS 525.160 is amended to read as follows:
(1) A person is guilty of failure to disperse if he participates with two (2) or more persons in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, and intentionally refuses to disperse when ordered to do so by a peace officer or other public servant engaged in executing or enforcing the law.
(2) Failure to disperse is a Class B misdemeanor.
(3) If the offense is committed during the course of a riot:
(a) The minimum term of imprisonment shall be three (3) months, notwithstanding KRS Chapter 532, and the person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release prior to the expiration of forty five (45) days;
(b) A fine of two hundred fifty dollars ($250) shall be assessed, notwithstanding KRS 534.040;
and (c) Any person convicted under this subsection shall be disqualified from receiving public assistance benefits by means of a direct cash payment or an Page 22 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 electronic benefits transfer access card for three (3) months.
SECTION 21.
A NEW SECTION OF KRS 205.010 TO 205.350 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section, "public assistance benefits" means cash assistance received via an electronic benefit transfer card or any other form of cash assistance under Title IV of the federal Social Security Act, the Supplemental Nutrition Assistance Program, or any other public assistance program administered by the Cabinet for Health and Family Services.
(2) Any person disqualified under Section 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, or 20 of this Act from receiving public assistance benefits by means of a direct cash payment or an electronic benefits transfer access card shall lose one hundred percent (100%) of those benefits unless:
(a) The person can establish that he or she is married, in which case he or she shall lose fifty percent (50%) of those benefits;
or (b) The person can establish that he or she provides primary support to one (1) or more dependent children, in which case he or she shall lose twenty-five percent (25%) of those benefits.
SECTION 22.
A NEW SECTION OF KRS CHAPTER 431 IS CREATED TO READ AS FOLLOWS:
Notwithstanding KRS 431.066 and 431.520, a person who has been charged with a violation of Section 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 18, 19, or 20 of this Act committed during the course of a riot or Section 15, 16, or 17 of this Act shall not be released until forty-eight (48) hours have passed since the time of arrest and the person appears before a judge.
Section 23.
Page 23 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (a) A capital offense;
(a) A capital offense;
(e) A Class B felony involving criminal attempt to commit murder under KRS 506.010 if the victim of the offense is a clearly identifiable peace officer, firefighter, or emergency medical services personnel acting in the line of duty, regardless of whether an injury results;
(e) A Class B felony involving criminal attempt to commit murder under KRS Page 16 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA 506.010 if the victim of the offense is a clearly identifiable peace officer, firefighter, or emergency medical services personnel acting in the line of duty, regardless of whether an injury results;
Page 24 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (o) Assault in the second degree committed during the course of a riot as described in Section 5 of this Act;
(o) Assault in the second degree committed during the course of a riot as described in KRS 508.020;
or (p) A Class D felony violation of assault in the third degree committed during the course of a riot as described in Section 6 of this Act.
or (p) A Class D felony violation of assault in the third degree committed during the course of a riot as described in Section 5 of this Act.
(2) A violent offender who has been convicted of a capital offense and who has received a life sentence (and has not been sentenced to twenty-five (25) years without parole or imprisonment for life without benefit of probation or parole), or a Class A felony and receives a life sentence, or to death and his or her sentence is commuted to a life sentence shall not be released on probation or parole until he or she has served at least twenty (20) years in the penitentiary.
(2) A violent offender who has been convicted of a capital offense and who has received a life sentence (and has not been sentenced to twenty-five (25) years without parole or imprisonment for life without benefit of probation or parole), or a Page 17 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA Class A felony and receives a life sentence, or to death and his or her sentence is commuted to a life sentence shall not be released on probation or parole until he or she has served at least twenty (20) years in the penitentiary.
(c) A violent offender who has been convicted of a violation of KRS 507.040 or 507.050 where the victim of the offense was a peace officer, a firefighter, or emergency medical services personnel, and the victim was acting in the line of duty shall not be released on probation or parole until he or she has served at Page 25 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 least fifty percent (50%) of the sentence imposed.
(c) A violent offender who has been convicted of a violation of KRS 507.040 or 507.050 where the victim of the offense was a peace officer, a firefighter, or emergency medical services personnel, and the victim was acting in the line of duty shall not be released on probation or parole until he or she has served at least fifty percent (50%) of the sentence imposed.
(e) A violent offender who has been convicted of a violation of Section 5 of this Act or a Class D felony violation of Section 6 of this Act during the course of a riot shall not be released on probation or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed.
(e) A violent offender who has been convicted of a violation of KRS 508.020 or Page 18 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA a Class D felony violation of Section 5 of this Act during the course of a riot shall not be released on probation or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed.
(8) The provisions of subsection (1) of this section extending the definition of "violent offender" to persons convicted of or pleading guilty to robbery in the first degree Page 26 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 shall apply only to persons whose crime was committed after July 15, 2002.
(8) The provisions of subsection (1) of this section extending the definition of "violent offender" to persons convicted of or pleading guilty to robbery in the first degree shall apply only to persons whose crime was committed after July 15, 2002.
SECTION 24.
Section 15.
KRS 532.032 is amended to read as follows:
(1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any offense under this chapter.
The provisions of this section shall not be subject to suspension or nonimposition.
(2) If pretrial diversion is granted, restitution shall be a part of the diversion agreement.
(3) If probation, shock probation, conditional discharge, or other alternative sentence is Page 19 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA granted, restitution shall be a condition of the sentence.
(4) If a person is sentenced to incarceration and paroled, restitution shall be made a condition of parole.
(5) If a person is convicted of any offense subject to enhanced penalties under Section 3 of this Act, restitution for any pecuniary loss shall be ordered by the court.
(6)[(5)] Restitution payments ordered under this section shall be paid by the defendant to the clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney of the county.
SECTION 16.
Section 25.
Section 17.
(2) If, within any city, any church, convent, chapel, dwelling house, house used or designed for the transaction of lawful business, vessel or shipyard, railroad or property of any kind belonging to any street or other railroad company, or any article of personal property is damaged, or if any property is taken away or damaged by any riotous or tumultuous assemblage of people, the full amount of the damage done may be recovered by the person injured by action against the local government[city], if the local government[city authorities themselves, or with the aid of their own citizens, ]could have prevented the damage.
(2) If, within any city, any church, convent, chapel, dwelling house, house used or designed for the transaction of lawful business, vessel or shipyard, railroad or Page 20 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA property of any kind belonging to any street or other railroad company, or any article of personal property is damaged, or if any property is taken away or damaged by any riotous or tumultuous assemblage of people, the full amount of the damage done may be recovered by the person injured by action against the local government[city], if the local government[city authorities themselves, or with the aid of their own citizens, ]could have prevented the damage.
(3) However, no such liability shall be incurred by the local government[city] unless the local government[city] authorities had notice or good reason to believe that a Page 27 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 riot or tumultuous assemblage was about to take place and were grossly negligent in[ time to]preventing [prevent ]the destruction[, either by their own force or by the aid of the citizens of the city].
(3) However, no such liability shall be incurred by the local government[city] unless the local government[city] authorities had notice or good reason to believe that a riot or tumultuous assemblage was about to take place and were grossly negligent in[ time to]preventing [prevent ]the destruction[, either by their own force or by the aid of the citizens of the city].
(5) It is the intention of the General Assembly to provide the means to enable a person injured by the Commonwealth;
(5) Notwithstanding KRS 65.2003(3), it is the intention of the General Assembly to provide the means to enable a person injured by the Commonwealth;
or the officers, agents, or employees of its political or civil subdivisions while acting within the scope of their employment to be able to bring an action under this section.
or the officers, agents, or employees of its political or civil subdivisions while acting within the scope of their employment to be able to bring an action for personal injury or property damage resulting from circumstances presented under subsection (3) of this section.
The Commonwealth thereby waives the sovereign immunity defense only in the limited situations as set forth in this section.
Such claims shall proceed only as provided in KRS 65.200 to 65.2006 or KRS Chapter 49.
Section 26.
(6) No officers, agents, or employees shall be held liable for following an order or directive from a supervisor to not act to prevent damage caused by a riot or tumultuous assemblage.
Section 18.
Any duly commissioned special law enforcement officer shall, while performing law enforcement duties upon the public property he is hired to protect, be empowered to arrest:
Page 21 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA Any duly commissioned special law enforcement officer shall, while performing law enforcement duties upon the public property he is hired to protect, be empowered to arrest:
Section 27.
Section 19.
Duly commissioned special law enforcement officers shall have the power to issue tickets for parking violations committed upon the public property in their presence and the power Page 28 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 of peace officers under KRS 431.015 to issue citations for misdemeanors, and other violations as defined by KRS 500.080[(17),] committed in their presence upon the public property.
Duly commissioned special law enforcement officers shall have the power to issue tickets for parking violations committed upon the public property in their presence and the power of peace officers under KRS 431.015 to issue citations for misdemeanors, and other violations as defined by KRS 500.080[(17),] committed in their presence upon the public property.
Section 28.
Section 20.
(c) "Personal representative" means a court-appointed guardian, attorney, or agent possessing written authorization to act on behalf of a person that is involved in an incident contained in a body-worn camera recording, a person holding a power of attorney for a person that is involved in an incident contained in a body-worn camera recording, or the parent or guardian of a minor child depicted in a body-worn camera recording.
(c) "Personal representative" means a court-appointed guardian, attorney, or agent possessing written authorization to act on behalf of a person that is involved in an incident contained in a body-worn camera recording, a person holding a Page 22 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA power of attorney for a person that is involved in an incident contained in a body-worn camera recording, or the parent or guardian of a minor child depicted in a body-worn camera recording.
and Page 29 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (f) "Use of force" means any action by a public safety officer that results in death, physical injury as defined in KRS 500.080(15)[(13)], discharge of a personal body weapon, chemical agent, impact weapon, extended range impact weapon, sonic weapon, sensory weapon, conducted energy weapon, or a firearm, or involves the intentional pointing of a public safety officer's firearm at a member of the public.
and (f) "Use of force" means any action by a public safety officer that results in death, physical injury as defined in KRS 500.080(15)[(13)], discharge of a personal body weapon, chemical agent, impact weapon, extended range impact weapon, sonic weapon, sensory weapon, conducted energy weapon, or a firearm, or involves the intentional pointing of a public safety officer's firearm at a member of the public.
(a) Includes the interior of a place of a private residence where there is a reasonable expectation of privacy, unless the legal owner or lessee with legal possession of the residence requests in writing that the release be governed solely under the provisions of KRS 61.870 to 61.884;
Page 23 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA (a) Includes the interior of a place of a private residence where there is a reasonable expectation of privacy, unless the legal owner or lessee with legal possession of the residence requests in writing that the release be governed solely under the provisions of KRS 61.870 to 61.884;
(d) Includes the areas inside of a correctional facility when disclosure would Page 30 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 reveal details of the facility that would jeopardize the safety, security, or well- being of those in custody, the staff of the correctional facility, or law enforcement officers;
(d) Includes the areas inside of a correctional facility when disclosure would reveal details of the facility that would jeopardize the safety, security, or well- being of those in custody, the staff of the correctional facility, or law enforcement officers;
(j) Would reveal information related to schools, colleges, and universities that is protected by the federal Family Educational Rights and Privacy Act;
(j) Would reveal information related to schools, colleges, and universities that is Page 24 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA protected by the federal Family Educational Rights and Privacy Act;
or (n) Includes footage made in conjunction with a law enforcement exercise that includes special response team actions, hostage negotiations, or training events, but only where the public release of tactics, operational protocol, or methodology would disadvantage the capability of public safety officers to Page 31 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 successfully respond in emergency or other dangerous situations.
or (n) Includes footage made in conjunction with a law enforcement exercise that includes special response team actions, hostage negotiations, or training events, but only where the public release of tactics, operational protocol, or methodology would disadvantage the capability of public safety officers to successfully respond in emergency or other dangerous situations.
or (d) Is requested by a person or other entity or the personal representative of a person or entity that is directly involved in the incident contained in the body- worn camera recording, it shall be made available by the public agency to the requesting party for viewing on the premises of the public agency, but the public agency shall not be required to make a copy of the recording except as provided in KRS 61.169.
or Page 25 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA (d) Is requested by a person or other entity or the personal representative of a person or entity that is directly involved in the incident contained in the body- worn camera recording, it shall be made available by the public agency to the requesting party for viewing on the premises of the public agency, but the public agency shall not be required to make a copy of the recording except as provided in KRS 61.169.
(b) The law and rules governing discovery or the submission and display of Page 32 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 evidence in any court proceeding, whether criminal or civil, or any administrative proceeding;
(b) The law and rules governing discovery or the submission and display of evidence in any court proceeding, whether criminal or civil, or any administrative proceeding;
Section 29.
Section 21.
An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.
An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a Page 26 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA public place.
Page 33 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 (b) "Narcotic detection dog," which means a dog that is trained to locate narcotics by scent;
(b) "Narcotic detection dog," which means a dog that is trained to locate narcotics by scent;
or (j) "Police horse," which means any horse that is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in detection of criminal activity, enforcement of laws, and apprehension of offenders.
or Page 27 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA (j) "Police horse," which means any horse that is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in detection of criminal activity, enforcement of laws, and apprehension of offenders.
Section 30.
Section 22.
(3) When a definite term of imprisonment is imposed, the court shall commit the defendant to a jail for the term of his or her sentence and until released in Page 34 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 accordance with the law.
(3) When a definite term of imprisonment is imposed, the court shall commit the defendant to a jail for the term of his or her sentence and until released in accordance with the law.
(b) The provisions of KRS 500.080(6)[(5)] notwithstanding, a Class D felon who received a sentence of more than five (5) years for nonviolent, nonsexual offenses, but who currently has less than five (5) years remaining to be served, may serve the remainder of his or her term in a jail in a county in which the fiscal court has agreed to house state prisoners.
(b) The provisions of KRS 500.080(6)[(5)] notwithstanding, a Class D felon who received a sentence of more than five (5) years for nonviolent, nonsexual Page 28 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA offenses, but who currently has less than five (5) years remaining to be served, may serve the remainder of his or her term in a jail in a county in which the fiscal court has agreed to house state prisoners.
Halfway house beds are being utilized at the contract level as of Page 35 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 July 15, 2000.
Halfway house beds are being utilized at the contract level as of July 15, 2000.
(e) Before housing any female state inmate, a jail shall be certified pursuant to KRS 197.020.
Page 29 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA (e) Before housing any female state inmate, a jail shall be certified pursuant to KRS 197.020.
State prisoners who are approved for transfer to a Department of Page 36 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 Corrections facility for necessary medical treatment and care pursuant to KRS 441.560 shall not be transferred to another jail.
State prisoners who are approved for transfer to a Department of Corrections facility for necessary medical treatment and care pursuant to KRS 441.560 shall not be transferred to another jail.
3.
Page 30 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA 3.
If the jailer refuses to transfer the state Page 37 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 prisoner to the vacant bed, the Department of Corrections shall reduce the per diem for the jail for an amount equal to the per diem of that prisoner for each day the jailer refuses to comply with the direction.
If the jailer refuses to transfer the state prisoner to the vacant bed, the Department of Corrections shall reduce the per diem for the jail for an amount equal to the per diem of that prisoner for each day the jailer refuses to comply with the direction.
(6) The jailer of a county in which a Class D felon or a Class C felon is incarcerated may request the commissioner of the Department of Corrections to incarcerate the felon in a state corrections institution if the jailer has reasons to believe that the felon is an escape risk, a danger to himself or herself or other inmates, an extreme security risk, or needs protective custody beyond that which can be provided in a jail.
(6) The jailer of a county in which a Class D felon or a Class C felon is incarcerated may request the commissioner of the Department of Corrections to incarcerate the Page 31 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA felon in a state corrections institution if the jailer has reasons to believe that the felon is an escape risk, a danger to himself or herself or other inmates, an extreme security risk, or needs protective custody beyond that which can be provided in a jail.
(7) Class D felons and Class C felons serving their time in a jail shall be considered state prisoners, and, except as provided in subsection (5)(f) of this section, the Department of Corrections shall pay the jail in which the prisoner is incarcerated a Page 38 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 per diem amount determined according to KRS 431.215(2).
(7) Class D felons and Class C felons serving their time in a jail shall be considered state prisoners, and, except as provided in subsection (5)(f) of this section, the Department of Corrections shall pay the jail in which the prisoner is incarcerated a per diem amount determined according to KRS 431.215(2).
(c) The warden or jailer may require an inmate participating in the program to pay a fee to reimburse the warden or jailer for the cost of operating the community work program or any other work release program.
Page 32 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA (c) The warden or jailer may require an inmate participating in the program to pay a fee to reimburse the warden or jailer for the cost of operating the community work program or any other work release program.
Has a maximum or close security classification as defined by administrative regulations promulgated by the Department of Page 39 of 40 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 291 Corrections;
Has a maximum or close security classification as defined by administrative regulations promulgated by the Department of Corrections;
Section 31.
Section 23.
(3) Assault on a service animal in the first degree is a Class D felony.
Page 33 of 34 SB021110.100 - 291 - XXXX GA UNOFFICIAL COPY 21 RS SB 211/GA (3) Assault on a service animal in the first degree is a Class D felony.
Section 32.
Section 24.
Page 40 of 40 XXXX Jacketed
Page 34 of 34 SB021110.100 - 291 - XXXX GA
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Action History

  1. to Committee on Committees (H)

  2. received in House

  3. 3rd reading, passed 22-11 with Committee Substitute (1) and floor amendments (1) and (2)

  4. posted for passage in the Regular Orders of the Day for Thursday, March 11, 2021

  5. floor amendment (2) filed to Committee Substitute

  6. 2nd reading, to Rules

  7. floor amendment (1) filed to Committee Substitute

  8. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  9. to Veterans, Military Affairs, & Public Protection (S)

  10. to Committee on Committees (S)

  11. introduced in Senate

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 134 not signed on · 5 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (134)

134 members have not signed on to this bill.

Show all 134 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS SB 211 W/ scs1 sfa1 sfa2

Passed 22 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9604
Republican 13300
Democrat 0200
Total 221104
% of votes cast 59%30%0%11%
How each member voted (37)
Member Party Vote
Alvarado — Yea
Thayer — Yea
Buford — Yea
Hornback — Yea
Schickel — Yea
Smith — Yea
Castlen — Yea
Embry — Yea
Meredith — Yea
McGarvey — Nay
Schroder — Nay
Thomas — Nay
Westerfield — Nay
Southworth — Nay
Turner — Nay
Kerr — Not Voting
Parrett — Not Voting
Yates — Not Voting
Harper Angel — Not Voting
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Brandon J. Storm Republican Nay
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Julie Raque Adams Republican Nay
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Nay
Stephen West Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 211?
SB 211 is sponsored by Danny Carroll (Republican) and Michael J. Nemes (Republican).
What is the current status of SB 211?
This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 211?
Track SB 211 free on One Click Politics — get push/email alerts when it moves.

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