HB 182 — AN ACT relating to violent offenders.

Summary

Amend KRS 439.3401 to amend the definition of "violent offender" to include the attempted commission of any offense listed, a felony involving the death of the victim or serious physical injury to a victim, burglary in the first degree as described in KRS 511.020 if a person other than a participant in the crime was present in the building during the commission of the offense, burglary in the second degree as described in KRS 511.030 if a person other than participant in the crime was present in the dwelling during the commission of the offense, robbery in the second degree as described in KRS 515.030, arson in the first degree, arson in the second degree, and strangulation in the first degree; provide that a violent offender shall serve at least 85 percent of the sentence imposed before probation, shock probation, parole, conditional discharge, or other form of early release is permitted; provide that a violent offender shall only recieve credit on their sentence for time spent in custody prior to the commencement of the sentence; amend KRS 525.045 to conform.

Bill Text

• Introduced View text Current pdf

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill expands the definition of 'violent offender' in Kentucky law to include additional felonies and modifies certain release provisions.

• KRS 439.3401

  A Class B felony involving the death of the victim or serious physical injury to a victim; → A Class B felony involving the death of the victim or serious physical injury to a victim;

  Changes the classification of some crimes included in the definition of 'violent offender' to encompass Class B felonies.

• KRS 439.3401

  and has not been sentenced to twenty-five (25) years without parole or imprisonment for life without benefit of probation or parole

  Removes a condition regarding the prior sentencing of violent offenders.

• KRS 439.3401

  A violent offender who has been convicted of a capital offense or Class A felony with a sentence of a term of years shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least eighty-five percent (85%) of the sentence imposed. → A violent offender with a sentence of a term of years shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least eighty-five percent (85%) of the sentence imposed.

  Eliminates specific classifications for violent offenders regarding release conditions based on offense type.

• KRS 439.3401

  or

  Removes conjunction, clarifying the listing of offenses without altering meaning.

• KRS 439.3401

  An offense described in KRS 507.040 or 507.050 where the offense involves the killing of a peace officer, firefighter, or emergency medical services personnel while the peace officer, firefighter, or emergency medical services personnel was acting in the line of duty;

  Removes specific inclusion of certain offenses involving public safety personnel from the definition.

• KRS 439.3401

  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;

  Removes another specific inclusion in the definition regarding attempts to murder law enforcement personnel.

• KRS 439.3401

  where the victim is a minor;

  Clarifies and removes repetitive phrase without changing the intent.

• KRS 439.3401

  A violent offender shall only be awarded credit on his or her sentence authorized by KRS 197.045(1)(a)1. → A violent offender shall not be awarded credit on his or her sentence authorized by KRS 197.045(1)(a)1.

  Changes the wording from granting to denying credit for violent offenders' sentences.

Action History

1. January 08, 2024

   to Committee on Committees (H)

2. January 08, 2024

   introduced in House

Sponsors

• Jennifer Decker · Primary
• Nick Wilson · Primary
• Kim Banta · Primary
• Jared Bauman · Primary
• Stephanie Dietz · Primary
• Kim King · Primary
• Matt Lockett · Primary
• Kimberly Poore Moser · Primary
• Steve Rawlings · Primary

Subjects