Kentucky 2024 Regular Session Status: Enacted 45 R cosponsors

HB 5 — AN ACT relating to crimes and punishments.

Last action — delivered to Secretary of State (Acts Ch. 174)

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

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Andy Beshear (Democratic) on April 12, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 66% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 49 sponsors

    49 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (45 R).

  • Mixed recorded votes

    6 passed, 3 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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.

Bill Text

What changed in the latest version

1722 added · 2326 removed

1722 line(s) added, 2326 removed.

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UNOFFICIAL COPY 24 RS HB 5/VO AN ACT relating to crimes and punishments.
CHAPTER 174 1 CHAPTER 174 ( HB 5 ) AN ACT relating to crimes and punishments.
or Page 1 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (3) Was on probation, parole, conditional discharge, conditional release, or any other form of release after conviction of a violent felony offense as defined in KRS 532.200.
or (3) Was on probation, parole, conditional discharge, conditional release, or any other form of release after conviction of a violent felony offense as defined in KRS 532.200.
Page 2 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (4) The court shall[may] order at least one (1) parent, guardian, or person[the parents, guardians, or persons] exercising custodial control over the child to be present at any hearing or other proceeding involving the child.
(4) The court shall[may] order at least one (1) parent, guardian, or person[the parents, guardians, or persons] exercising custodial control over the child to be present at any hearing or other proceeding involving the child.
The court shall make accommodations necessary to allow the person to attend, including but not limited to allowing remote attendance or holding hearings outside the court's normal operating hours.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY The court shall make accommodations necessary to allow the person to attend, including but not limited to allowing remote attendance or holding hearings outside the court's normal operating hours.
(b) With intent to cause the death of another person, he or she causes the death of such person or of a third person under circumstances which do not constitute murder because he or she acts under the influence of extreme emotional Page 3 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO disturbance, as defined in subsection (1)(a) of KRS 507.020;
(b) With intent to cause the death of another person, he or she causes the death of such person or of a third person under circumstances which do not constitute murder because he or she acts under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020;
Page 4 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (1) As used in this section:
(1) As used in this section:
and (b) "Good faith" does not include seeking medical assistance during the course of the execution of an arrest warrant, or search warrant, or a lawful search.
and CHAPTER 174 3 (b) "Good faith" does not include seeking medical assistance during the course of the execution of an arrest warrant, or search warrant, or a lawful search.
Page 5 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (3) The provisions of subsection (2) of this section shall not extend to the investigation and prosecution of any other crimes committed by a person who otherwise qualifies under this section.
(3) The provisions of subsection (2) of this section shall not extend to the investigation and prosecution of any other crimes committed by a person who otherwise qualifies under this section.
(2) The amounts specified in subsection (1) of this section may occur in a single transaction or may occur in a series of transactions over a period of time not to Page 6 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO exceed ninety (90) days that cumulatively result in the quantities specified in this section.
(2) The amounts specified in subsection (1) of this section may occur in a single transaction or may occur in a series of transactions over a period of time not to exceed ninety (90) days that cumulatively result in the quantities specified in this section.
(d) Any person convicted of a Class C felony offense or higher under this section 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 fifty percent (50%) of the sentence imposed in cases where the trafficked substance was heroin, fentanyl, carfentanil, or fentanyl derivatives.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) Any person convicted of a Class C felony offense or higher under this section 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 fifty percent (50%) of the sentence imposed in cases where the trafficked substance was heroin, fentanyl, carfentanil, or fentanyl derivatives.
Page 7 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (3) A person shall not be convicted of a violation of this section and a violation of KRS 515.020 or KRS Chapter 514 arising from the same act.
(3) A person shall not be convicted of a violation of this section and a violation of KRS 515.020 or KRS Chapter 514 arising from the same act.
or (c) For the second or subsequent offense, if the defendant at any time prior to Page 8 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO trial effects repair or replacement of the defaced, destroyed, or damaged property, makes complete restitution in the amount of the damage, or performs community service as required by the court, in which case it is a Class A misdemeanor.
or (c) For the second or subsequent offense, if the defendant at any time prior to trial effects repair or replacement of the defaced, destroyed, or damaged property, makes complete restitution in the amount of the damage, or performs community service as required by the court, in which case it is a Class A misdemeanor.
(a) The offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class D felony;
CHAPTER 174 5 (a) The offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class D felony;
The court shall determine the number of hours of community service commensurate with the total Page 9 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO amount of monetary damage caused by or incidental to the commission of the crime, of not less than fifteen (15) hours.
The court shall determine the number of hours of community service commensurate with the total amount of monetary damage caused by or incidental to the commission of the crime, of not less than fifteen (15) hours.
Page 10 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (k)[(l)] Riot in the second degree under KRS 525.030;
(k)[(l)] Riot in the second degree under KRS 525.030;
If the jury determines beyond a reasonable doubt that the defendant is or was a member of a criminal gang, acting for the purpose of benefitting, promoting, or furthering the interest of a criminal gang at the time he or she committed the offense, he or she shall not be released for a minimum of seventy-six (76) to ninety (90) days of the sentence imposed if the offense he or she is convicted of is classified as a Class B misdemeanor, or for a minimum of three hundred eleven (311) to three hundred sixty-five (365) days if the offense he or she is convicted of is classified as a Class A misdemeanor.
If the jury determines beyond a reasonable doubt that the defendant is or was a member of a criminal gang, acting for the purpose of benefitting, promoting, or furthering the interest of a criminal gang at the time he or she committed the offense, he or she shall not be released for a minimum of seventy-six (76) to ninety (90) days of the sentence imposed if the offense he or she is convicted of is classified as a Class B misdemeanor, or for a minimum of three hundred eleven (311) to three hundred sixty- five (365) days if the offense he or she is convicted of is classified as a Class A misdemeanor.
(3) This section shall not apply to a juvenile unless he or she has been transferred to Circuit Court as a youthful offender pursuant to KRS 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) This section shall not apply to a juvenile unless he or she has been transferred to Circuit Court as a youthful offender pursuant to KRS 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense.
(1) [He has ]Also been convicted of a violation of KRS 525.125, 525.130, 512.020, or 512.030[, or 512.040] arising out of the same incident;[ or] Page 11 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (2) [He has ]Destroyed or treated a service animal that is injured, diseased, or suffering or that constitutes a hazard to public safety if not destroyed;[ or] (3) [He has ]Used physical force against the service animal in protection of himself, herself, or a third person;
(1) [He has ]Also been convicted of a violation of KRS 525.125, 525.130, 512.020, or 512.030[, or 512.040] arising out of the same incident;[ or] (2) [He has ]Destroyed or treated a service animal that is injured, diseased, or suffering or that constitutes a hazard to public safety if not destroyed;[ or] (3) [He has ]Used physical force against the service animal in protection of himself, herself, or a third person;
A state or local government or agency thereof shall not purchase a firearm under this Page 12 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO paragraph.
A state or local government or agency thereof shall not purchase a firearm under this paragraph.
(5)[(4)] The proceeds of firearms sales shall be utilized by the Kentucky Office of Homeland Security to provide grants to city, county, charter county, unified local government, urban-county government, and consolidated local government police departments;
(5)[(4)] The proceeds of firearms sales shall be utilized by the Kentucky Office of Homeland Security to provide grants to city, county, charter county, unified local government, urban-county government, and CHAPTER 174 7 consolidated local government police departments;
university safety and security departments organized pursuant to KRS Page 13 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO 164.950;
university safety and security departments organized pursuant to KRS 164.950;
(6)[(5)] The Department of Kentucky State Police may transfer a machine gun, short- barreled shotgun, short-barreled rifle, silencer, pistol with a shoulder stock, any other weapon, or destructive device as defined by the National Firearms Act which is subject to registration under the National Firearms Act and is not properly registered in the national firearms transfer records for those types of weapons, to the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of Justice, after a reasonable attempt has been made to transfer the firearm to an Page 14 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO eligible state or local law enforcement agency or to an eligible museum and no eligible recipient will take the firearm or weapon.
(6)[(5)] The Department of Kentucky State Police may transfer a machine gun, short-barreled shotgun, short- barreled rifle, silencer, pistol with a shoulder stock, any other weapon, or destructive device as defined by the National Firearms Act which is subject to registration under the National Firearms Act and is not properly registered in the national firearms transfer records for those types of weapons, to the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of Justice, after a reasonable attempt has been made to transfer the firearm to an eligible state or local law enforcement agency or to an eligible museum and no eligible recipient will take the firearm or weapon.
(4) Nothing in this section shall be construed to prohibit the customary and Page 15 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO temporary use of recreational camping areas, rest areas, or other properties that are specifically designated for purposes of resting or sleeping.
(4) Nothing in this section shall be construed to prohibit the customary and temporary use of recreational camping areas, rest areas, or other properties that are specifically designated for purposes of resting or sleeping.
SECTION 18.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY SECTION 18.
A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO Page 16 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO READ AS FOLLOWS:
A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO READ AS FOLLOWS:
Page 17 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his or her possession or in the possession of another person for whose protection he or she acts;[ or] (b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his or her possession or in the possession of another person for whose protection he or she acts[.];
(a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his or her possession or in the possession of another person for whose protection he or she acts;[ or] (b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his or her possession or in the possession of another person for whose protection he or she acts[.];
and 3.
and CHAPTER 174 9 3.
(3) A person does not have a duty to retreat if the person is in a place where he or she Page 18 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO has a right to be.
(3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
Page 19 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (b) A copy of the offender's resident record card and parole certificate or notice of discharge;
(b) A copy of the offender's resident record card and parole certificate or notice of discharge;
(3) The Transportation Cabinet shall issue to any felony offender, if the felony offender is eligible, probated or conditionally discharged by the court and under the supervision of the Division of Probation and Parole or the United States Probation Office, a personal identification card or, if the felony offender is eligible, an operator's license.
(3) The Transportation Cabinet shall issue to any felony offender, if the felony offender is eligible, probated or conditionally discharged by the court and under the supervision of the Division of Probation and Parole or the United States Probation Office, a personal identification card or, if the felony offender is eligible, an operator's Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY license.
Full legal name, subject to the information available to the Division of Page 20 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO Probation and Parole or the United States Probation Office;
Full legal name, subject to the information available to the Division of Probation and Parole or the United States Probation Office;
(7) The cabinet shall process applications for operator's licenses and personal Page 21 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO identification cards under this section in the same manner as in KRS 186.412 and 186.4122.
(7) The cabinet shall process applications for operator's licenses and personal identification cards under this section in the same manner as in KRS 186.412 and 186.4122.
2.
CHAPTER 174 11 2.
Securing the payment of fines imposed and of costs assessed by any of Page 22 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO the courts of this state upon final disposition thereof.
Securing the payment of fines imposed and of costs assessed by any of the courts of this state upon final disposition thereof.
That would classify the person as a violent offender under Section 32 Page 23 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO of this Act;
That would classify the person as a violent offender under Section 32 of this Act;
(7) Any bond posted by a charitable organization under this section that is ordered forfeited as a result of the commission of a new criminal offense shall be distributed to the victim of the new criminal offense, if a victim is identified.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) Any bond posted by a charitable organization under this section that is ordered forfeited as a result of the commission of a new criminal offense shall be distributed to the victim of the new criminal offense, if a victim is identified.
[(3) "Bail bondsman" shall mean any person, partnership, or corporation engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, for the appearance of persons charged with any criminal Page 24 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO offense or violation of law or ordinance punishable by fine, imprisonment, or death, before any of the courts of this state, or securing the payment of fines imposed and of costs assessed by such courts upon final disposition thereof, and the business of a bail bondsman shall be limited to the acts, transactions, and undertakings described in this subsection and to no other.] (9)[(4)] KRS 431.510 to 431.550 shall not be construed to limit or repeal KRS 431.021 or to prevent licensed insurers providing security required by Subtitle 39 of KRS Chapter 304 and nonprofit associations from posting or causing to be posted by licensed insurers security or acting as surety for their insureds or members for an offense arising from the operation of a motor vehicle, provided that such posting of security or acting as surety is merely incidental to the terms and conditions of an insurance contract or a membership agreement and provided further that no separate premium or charge therefor is required from the insureds or members.
[(3) "Bail bondsman" shall mean any person, partnership, or corporation engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment, or death, before any of the courts of this state, or securing the payment of fines imposed and of costs assessed by such courts upon final disposition thereof, and the business of a bail bondsman shall be limited to the acts, transactions, and undertakings described in this subsection and to no other.] (9)[(4)] KRS 431.510 to 431.550 shall not be construed to limit or repeal KRS 431.021 or to prevent licensed insurers providing security required by Subtitle 39 of KRS Chapter 304 and nonprofit associations from posting or causing to be posted by licensed insurers security or acting as surety for their insureds or members for an offense arising from the operation of a motor vehicle, provided that such posting of security or acting as surety is merely incidental to the terms and conditions of an insurance contract or a membership agreement and provided further that no separate premium or charge therefor is required from the insureds or members.
Page 25 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO Section 26.
Section 26.
(d) Class A misdemeanor when the crime attempted is a Class C or D felony;
CHAPTER 174 13 (d) Class A misdemeanor when the crime attempted is a Class C or D felony;
(5) Notwithstanding KRS Chapter 532, a person who has been convicted of, or entered a plea of guilty or nolo contendere to, criminal attempt to commit murder Page 26 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO of a first responder shall be sentenced to imprisonment for:
(5) Notwithstanding KRS Chapter 532, a person who has been convicted of, or entered a plea of guilty or nolo contendere to, criminal attempt to commit murder of a first responder shall be sentenced to imprisonment for:
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Release of any records resulting from the child's prior abuse and neglect under Title IV-E or IV-B of the Federal Social Security Act is also Page 27 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO prohibited.
Release of any records resulting from the child's prior abuse and neglect under Title IV-E or IV-B of the Federal Social Security Act is also prohibited.
(2) In all cases of offenses for which the death penalty may be authorized, the judge shall consider, or[ he or she shall] include in his or her instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating or mitigating Page 28 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO circumstances which may be supported by the evidence:
(2) In all cases of offenses for which the death penalty may be authorized, the judge shall consider, or[ he or she shall] include in his or her instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating or mitigating circumstances which may be supported by the evidence:
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
A first responder, as defined in Section 25 of this Act[ police officer, sheriff, or deputy sheriff engaged at the time of the act in Page 29 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO the lawful performance of his or her duties];
A first responder, as defined in Section 25 of this Act[ police officer, sheriff, or deputy sheriff engaged at the time of the act in the lawful performance of his or her duties];
Page 30 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO 7.
7.
In all cases unless at least one (1) of the statutory aggravating circumstances enumerated in subsection (2) of this section is so found, the death penalty, or imprisonment for life without benefit of probation or parole, or the sentence to imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his or her sentence, shall not be imposed.
In all cases unless at least one (1) of the statutory aggravating circumstances CHAPTER 174 15 enumerated in subsection (2) of this section is so found, the death penalty, or imprisonment for life without benefit of probation or parole, or the sentence to imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his or her sentence, shall not be imposed.
Includes inabilities caused by psychological, psychiatric, or stress- Page 31 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO related trauma, and refers to any person seventeen (17) years of age or older who is unable to make informed decisions with respect to his or her personal affairs to the extent that he or she lacks the capacity to provide for his or her physical health and safety or the physical health and safety of a minor child, including but not limited to health care, food, shelter, clothing, or personal hygiene;
Includes inabilities caused by psychological, psychiatric, or stress-related trauma, and refers to any person seventeen (17) years of age or older who is unable to make informed decisions with respect to his or her personal affairs to the extent that he or she lacks the capacity to provide for his or her physical health and safety or the physical health and safety of a minor child, including but not limited to health care, food, shelter, clothing, or personal hygiene;
(b) In determining an amount that is reasonable and necessary for the financial Page 32 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO support of the victim's child or dependent, the court shall consider all relevant factors, including the:
(b) In determining an amount that is reasonable and necessary for the financial support of the victim's child or dependent, the court shall consider all relevant factors, including the:
(5) If a defendant's payments to financially support the child or dependent are set to terminate but the defendant's obligation is not paid in full, the payments to financially support the child or dependent shall continue until the entire arrearage is paid.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) If a defendant's payments to financially support the child or dependent are set to terminate but the defendant's obligation is not paid in full, the payments to financially support the child or dependent shall continue until the entire arrearage is paid.
(6) (a) If the surviving parent or guardian of the child or dependent brings a civil action against the defendant before the sentencing court orders restitution to financially support the child or dependent and the surviving parent or Page 33 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO guardian obtains a judgment and full satisfaction of damages in the civil suit, restitution shall not be ordered under this section.
(6) (a) If the surviving parent or guardian of the child or dependent brings a civil action against the defendant before the sentencing court orders restitution to financially support the child or dependent and the surviving parent or guardian obtains a judgment and full satisfaction of damages in the civil suit, restitution shall not be ordered under this section.
(3) (a) The members of the board shall give full time to the duties of their office and shall receive necessary traveling expenses and a salary to be determined Page 34 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO pursuant to KRS 64.640(2), except the chairperson of the board shall receive additional compensation of one thousand dollars ($1,000) per year for his or her services.
(3) (a) The members of the board shall give full time to the duties of their office and shall receive necessary traveling expenses and a salary to be determined pursuant to KRS 64.640(2), except the chairperson of the board shall receive additional compensation of one thousand dollars ($1,000) per year for his or her services.
Before removal, he or she shall give the member a written copy of the charges against him or her and shall fix Page 35 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO the time when he or she can be heard in his or her defense, which shall not be less than ten (10) days thereafter.
Before removal, he or she shall give the member a written copy of the charges CHAPTER 174 17 against him or her and shall fix the time when he or she can be heard in his or her defense, which shall not be less than ten (10) days thereafter.
The board shall notify each institution of its decisions relating to the persons who are or have been confined in that institution[therein], and shall Page 36 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO submit to the Governor a report with statistical and other data of its work at the close of each fiscal year.
The board shall notify each institution of its decisions relating to the persons who are or have been confined in that institution[therein], and shall submit to the Governor a report with statistical and other data of its work at the close of each fiscal year.
Page 37 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (3) The recovery of goods taken from the mercantile establishment by the person detained or by others shall not limit the right of the persons named in subsection (1) of this section to detain such person for peace officers or otherwise accomplish the purposes of subsection (1) of this section.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) The recovery of goods taken from the mercantile establishment by the person detained or by others shall not limit the right of the persons named in subsection (1) of this section to detain such person for peace officers or otherwise accomplish the purposes of subsection (1) of this section.
2.[(b)] A Class A felony;
2.[(b)]A Class A felony;
(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, Page 38 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO regardless of whether an injury results;
(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;
(f) The commission or attempted commission of a felony sexual offense described in KRS Chapter 510;] 2.[(g)] Use of a minor in a sexual performance as described in KRS 531.310;
(f) The commission or attempted commission of a felony sexual offense described in KRS Chapter 510;] 2.[(g)]Use of a minor in a sexual performance as described in KRS 531.310;
3.[(h)] Promoting a sexual performance by a minor as described in KRS 531.320;
3.[(h)]Promoting a sexual performance by a minor as described in KRS 531.320;
6.[(k)] Criminal abuse in the first degree as described in KRS 508.100;
6.[(k)]Criminal abuse in the first degree as described in KRS 508.100;
Page 39 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO 16.
16.
A Class C felony violation of promoting contraband in the first degree as described in Section 15 of this Act;
A Class C felony violation of promoting contraband in the first degree as described in Section of this Act;
or 17.
or CHAPTER 174 19 17.
(c) A violent offender who has been convicted of a violation of KRS 507.040 or Page 40 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO 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.
(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.
Page 41 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO Section 33.
Section 33.
(2) A conviction of terrorism shall be punishable by a term of imprisonment for life without benefit of probation or parole.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) A conviction of terrorism shall be punishable by a term of imprisonment for life without benefit of probation or parole.
or Page 42 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO 3.
or 3.
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed, with the written permission of the chief officer of the school or other Page 43 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO institution, as a part of an official training exercise and is placed by a public servant, as defined in KRS 522.010.
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed, with the written permission of the chief officer of the school or other institution, as a part of an official training exercise and is placed by a public servant, as defined in KRS 522.010.
(1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.075, he or she intentionally:
CHAPTER 174 21 (1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.075, he or she intentionally:
Page 44 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (b) Makes false statements by any means, including by electronic communication, indicating that an act likely to result in death or serious physical injury is occurring or will occur for the purpose of:
(b) Makes false statements by any means, including by electronic communication, indicating that an act likely to result in death or serious physical injury is occurring or will occur for the purpose of:
Causing evacuation of a school building, school property, or school- sanctioned activity;
Causing evacuation of a school building, school property, or school-sanctioned activity;
Page 45 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO Section 36.
Section 36.
or (g) Damage to property.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (g) Damage to property.
(4) If a student has been adjudicated guilty of an offense specified in this subsection or has been expelled from school for an offense specified in this subsection, prior to a student's admission to any school, the parent, guardian, principal, or other person or agency responsible for a student shall provide to the school a sworn statement or affirmation indicating on a form provided by the Kentucky Board of Education that the student has been adjudicated guilty or expelled from school attendance at a Page 46 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO public or private school in this state or another state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs.
(4) If a student has been adjudicated guilty of an offense specified in this subsection or has been expelled from school for an offense specified in this subsection, prior to a student's admission to any school, the parent, guardian, principal, or other person or agency responsible for a student shall provide to the school a sworn statement or affirmation indicating on a form provided by the Kentucky Board of Education that the student has been adjudicated guilty or expelled from school attendance at a public or private school in this state or another state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs.
and (b) The conduct occurred on the school premises or within one thousand (1,000) Page 47 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO feet of school premises, on a school bus, or at a school-sponsored or sanctioned event.
and (b) The conduct occurred on the school premises or within one thousand (1,000) feet of school premises, on a school bus, or at a school-sponsored or sanctioned event.
(11) Any person who intentionally violates the provisions of this section shall be guilty of a:
CHAPTER 174 23 (11) Any person who intentionally violates the provisions of this section shall be guilty of a:
Page 48 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (b) Class A misdemeanor for the second offense;
(b) Class A misdemeanor for the second offense;
(b) Recommendations designed to improve the learning environment and school climate, parental and community involvement in the schools, and student Page 49 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO achievement;
(b) Recommendations designed to improve the learning environment and school climate, parental and community involvement in the schools, and student achievement;
Page 50 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (d) The code shall contain the type of behavior expected from each student, the consequences of failure to obey the standards, and the importance of the standards to the maintenance of a safe learning environment where orderly learning is possible and encouraged.
(d) The code shall contain the type of behavior expected from each student, the consequences of failure to obey the standards, and the importance of the standards to the maintenance of a safe learning environment where orderly learning is possible and encouraged.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
Page 51 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (g) A copy of the code of behavior and discipline adopted by the board of education shall be posted at each school.
(g) A copy of the code of behavior and discipline adopted by the board of education shall be posted at each school.
(3) Any person who is eighteen (18) years of age or older who engages in a criminal Page 52 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO conspiracy with a minor shall be charged one (1) level higher than the level provided for the offense which is the object of the conspiratorial agreement.
(3) Any person who is eighteen (18) years of age or older who engages in a criminal conspiracy with a minor shall be charged one (1) level higher than the level provided for the offense which is the object of the conspiratorial agreement.
Section 41.
CHAPTER 174 25 Section 41.
(d) Induces, or attempts to induce, that person to withhold a record, document, or Page 53 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO other object from an official proceeding;
(d) Induces, or attempts to induce, that person to withhold a record, document, or other object from an official proceeding;
The information shall include the results of his or her most recent risk and needs Page 54 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO assessment, his or her criminal record, his or her conduct, employment, and the reports of physical and mental examinations that have been made.
The information shall include the results of his or her most recent risk and needs assessment, his or her criminal record, his or her conduct, employment, and the reports of physical and mental examinations that have been made.
Notwithstanding any statute to the contrary, including KRS 440.330, when a prisoner is otherwise eligible for parole and the board has recommended parole for that prisoner for the reasons set forth in this subsection, the board may grant parole to any prisoner wanted as a fugitive by any other jurisdiction, and the prisoner shall be released to the detainer from that jurisdiction.
Notwithstanding any statute to the contrary, including KRS 440.330, when a prisoner is otherwise eligible for parole and the board has recommended parole for that prisoner for the reasons set forth in this subsection, the board may grant parole to any prisoner wanted as a fugitive by any other jurisdiction, and the prisoner shall be released to the detainer from that Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY jurisdiction.
Such parole shall Page 55 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO not constitute a relinquishment of jurisdiction over the prisoner, and the board in all cases expressly reserves the right to return the prisoner to confinement in a correctional institution of the Commonwealth if the prisoner violates the terms of his or her parole.
Such parole shall not constitute a relinquishment of jurisdiction over the prisoner, and the board in all cases expressly reserves the right to return the prisoner to confinement in a correctional institution of the Commonwealth if the prisoner violates the terms of his or her parole.
(5) In addition to or in conjunction with each hearing conducted under subsection (2) of this section for any prisoner convicted of a Class A, B, or C felony or a Class D Page 56 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO felony included within the definition of "sex crime" in KRS 17.500 and prior to the granting of a parole to any such prisoner, the Parole Board shall conduct a hearing of which the following persons shall receive not less than forty-five (45) nor more than ninety (90) days' notice:
(5) In addition to or in conjunction with each hearing conducted under subsection (2) of this section for any prisoner convicted of a Class A, B, or C felony or a Class D felony included within the definition of "sex crime" in KRS 17.500 and prior to the granting of a parole to any such prisoner, the Parole Board shall conduct a hearing of which the following persons shall receive not less than forty-five (45) nor more than ninety (90) days' notice:
For prisoners incarcerated on or after April 1, 2021, for a Class D felony included within the Page 57 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO definition of "sex crime" in KRS 17.500, notice to the victims or their next of kin shall be by mail from the Parole Board to their last known address as provided by the Commonwealth's attorney to the Parole Board at the time of incarceration of the prisoner.
For prisoners incarcerated on or after April 1, 2021, for a Class D felony included within the definition of "sex crime" in KRS 17.500, notice to the victims or their next of kin shall be by mail from the Parole Board to their last known address as provided by the Commonwealth's attorney to the Parole Board at the time of incarceration of the prisoner.
In addition to officers listed in subsection (5) of this section, the crime victims or the next of kin of any victim who is deceased or who is disabled and cannot attend the hearing or the parent or legal guardian of any victim who is a minor may attend the hearing provided for in subsection (5) of this section and present oral and written comments upon all issues relating to the parole of the prisoner, if they have advised the board, in writing received by the board not less than seven (7) days prior to the date set for the hearing, of their intention to attend the hearing.
In addition to officers listed in subsection (5) of this section, the crime victims or the next of kin of any victim who is deceased or who is disabled and cannot attend the hearing or the parent or legal guardian of any victim who is a minor may attend the hearing provided for in subsection (5) of this section and present oral and written comments upon all issues relating to the parole of the prisoner, if they have advised the board, in CHAPTER 174 27 writing received by the board not less than seven (7) days prior to the date set for the hearing, of their intention to attend the hearing.
Persons appearing before the Parole Board pursuant to this subsection may elect to make their presentations Page 58 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO outside of the presence of the prisoner.
Persons appearing before the Parole Board pursuant to this subsection may elect to make their presentations outside of the presence of the prisoner.
(13) When the board grants parole contingent upon completion of a program, the commissioner, or his or her designee, shall determine the most appropriate Page 59 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO placement in a program operated by the department or a residential or nonresidential program within the community approved by the department.
(13) When the board grants parole contingent upon completion of a program, the commissioner, or his or her designee, shall determine the most appropriate placement in a program operated by the department or a residential or nonresidential program within the community approved by the department.
(d) Undergo available medical or psychiatric treatment and remain in a specific Page 60 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO institution as required for that purpose;
(d) Undergo available medical or psychiatric treatment and remain in a specific institution as required for that purpose;
(e) Post a bond, without surety, conditioned on performance of any of the prescribed conditions;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (e) Post a bond, without surety, conditioned on performance of any of the prescribed conditions;
If the court determines that the defendant is indigent, and a person, county, or other organization has not agreed to pay the costs for the defendant in an attempt to reduce incarceration expenses and increase public safety, the court shall consider other conditions of probation or conditional discharge provided for in this section;[ or] (n) During all or part of the period of probation or conditional discharge, Page 61 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO participate in a global positioning monitoring system program operated by a county pursuant to KRS 67.372 and 67.374 under the same terms and conditions as provided in KRS 431.517;
If the court determines that the defendant is indigent, and a person, county, or other organization has not agreed to pay the costs for the defendant in an attempt to reduce incarceration expenses and increase public safety, the court shall consider other conditions of probation or conditional discharge provided for in this section;[ or] (n) During all or part of the period of probation or conditional discharge, participate in a global positioning monitoring system program operated by a county pursuant to KRS 67.372 and 67.374 under the same terms and conditions as provided in KRS 431.517;
The court shall determine the number of hours of work necessary by applying the then- prevailing federal minimum wage to the total amount of monetary damage caused by or incidental to the commission of the crime.
The court shall determine the number of hours of work necessary by applying the then-prevailing federal minimum wage to the total amount of monetary damage caused by or incidental to the commission of the crime.
Any work Page 62 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO ordered pursuant to this section shall not be deemed employment for any purpose, nor shall the person performing the work be deemed an employee for any purpose.
Any work ordered pursuant to this section shall not be deemed employment for any purpose, nor shall the person performing the work be deemed an employee for any purpose.
(c) When a defendant fails to make restitution ordered to be paid through the circuit clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney, the circuit clerk or court-authorized program shall notify the court;
CHAPTER 174 29 (c) When a defendant fails to make restitution ordered to be paid through the circuit clerk or a court- authorized program run by the county attorney or the Commonwealth's attorney, the circuit clerk or court-authorized program shall notify the court;
Page 63 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (5) When a defendant is sentenced to probation or conditional discharge, he or she shall be given a written statement explicitly setting forth the conditions under which he or she is being released.
(5) When a defendant is sentenced to probation or conditional discharge, he or she shall be given a written statement explicitly setting forth the conditions under which he or she is being released.
(3) "Dangerous instrument" means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or Page 64 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO serious physical injury.
(3) "Dangerous instrument" means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.
(8)[(7)] "He" means any natural person and, where relevant, a corporation or an unincorporated association;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (8)[(7)] "He" means any natural person and, where relevant, a corporation or an unincorporated association;
(11)[(10)] "Law" includes statutes, ordinances, and properly adopted regulatory Page 65 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO provisions.
(11)[(10)] "Law" includes statutes, ordinances, and properly adopted regulatory provisions.
For a child twelve (12) years of age or less at the time of the injury, or for any person if the relationship between the perpetrator and the victim meets the definition of a family member or member of Page 66 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO an unmarried couple as defined in KRS 403.720, or a dating relationship as defined in KRS 456.010, a serious physical injury includes but is not limited to the following:
For a child twelve (12) years of age or less at the time of the injury, or for any person if the relationship between the perpetrator and the victim meets the definition of a family member or member of an unmarried couple as defined in KRS 403.720, or a dating relationship as defined in KRS 456.010, a serious physical injury includes but is not limited to the following:
and (p) Any injury requiring admission to a hospital's critical care unit;
and CHAPTER 174 31 (p) Any injury requiring admission to a hospital's critical care unit;
(20)[(19)] "Unlawful" means contrary to law or, where the context so requires, not Page 67 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO permitted by law.
(20)[(19)] "Unlawful" means contrary to law or, where the context so requires, not permitted by law.
It shall also be prima facie evidence of intent to commit Page 68 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO theft by deception when one presents to the owner identification which is false, fictitious or not current as to name, address, place of employment or other items of identification for the purpose of obtaining the lease or rental agreement.
It shall also be prima facie evidence of intent to commit theft by deception when one presents to the owner identification which is false, fictitious or not current as to name, address, place of employment or other items of identification for the purpose of obtaining the lease or rental agreement.
(h) The percentage of felony offenders whose reassessment results demonstrate Page 69 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO reductions in criminal risk factors;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (h) The percentage of felony offenders whose reassessment results demonstrate reductions in criminal risk factors;
and Page 70 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (n)[(l)] Any other data that provides information on state-funded crime reduction and recidivism reduction efforts, including caseload sizes by risk level, participation in treatment and intervention programming, public safety outcomes, and cost effectiveness.
and (n)[(l)] Any other data that provides information on state-funded crime reduction and recidivism reduction efforts, including caseload sizes by risk level, participation in treatment and intervention programming, public safety outcomes, and cost effectiveness.
or (b) When, as a pedestrian, and with intent to elude or flee, the person knowingly Page 71 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO or wantonly disobeys an order to stop, given by a person recognized to be a peace officer, and at least one (1) of the following conditions exists:
or (b) When, as a pedestrian, and with intent to elude or flee, the person knowingly or wantonly disobeys an order to stop, given by a person recognized to be a peace officer, and at least one (1) of the following conditions exists:
1.
CHAPTER 174 33 1.
A NEW SECTION OF KRS CHAPTER 520 IS CREATED TO Page 72 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO READ AS FOLLOWS:
A NEW SECTION OF KRS CHAPTER 520 IS CREATED TO READ AS FOLLOWS:
Page 73 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (2) If the court does not specify the manner in which a sentence imposed by it is to run, the sentence shall run concurrently with any other sentence which the defendant must serve unless the sentence is required by subsection (3) of this section or KRS 533.060 to run consecutively.
(2) If the court does not specify the manner in which a sentence imposed by it is to run, the sentence shall run concurrently with any other sentence which the defendant must serve unless the sentence is required by subsection (3) of this section or KRS 533.060 to run consecutively.
(3) Notwithstanding any provision in this section to the contrary, if a person is convicted of an offense that is committed while he is imprisoned in a penal or reformatory institution, during an escape from imprisonment, or while he awaits imprisonment, the sentence imposed for that offense may be added to the portion of the term which remained unserved at the time of the commission of the offense.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) Notwithstanding any provision in this section to the contrary, if a person is convicted of an offense that is committed while he is imprisoned in a penal or reformatory institution, during an escape from imprisonment, or while he awaits imprisonment, the sentence imposed for that offense may be added to the portion of the term which remained unserved at the time of the commission of the offense.
(a) The property is a firearm (regardless of the value of the firearm), in which Page 74 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO case it is a Class D felony;
(a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;
Page 75 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (3) Any person convicted under subsection (2)(i) of this section shall not be released on probation or parole until he or she has served at least fifty percent (50%) of the sentence imposed, any statute to the contrary notwithstanding.
(3) Any person convicted under subsection (2)(i) of this section shall not be released on probation or parole until he or she has served at least fifty percent (50%) of the sentence imposed, any statute to the contrary notwithstanding.
Offenses committed in different jurisdictions within the Commonwealth may be combined pursuant to this subsection and tried in any jurisdiction in which venue would be proper for at least one (1) of the offenses.
Offenses committed in different jurisdictions within the Commonwealth may be combined pursuant to this subsection CHAPTER 174 35 and tried in any jurisdiction in which venue would be proper for at least one (1) of the offenses.
Page 76 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO SECTION 53.
SECTION 53.
Page 77 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS HB 5/VO (4) Restorative justice programs established pursuant to this section shall not allow participation by a child accused or adjudicated of an offense which would classify him or her as a violent offender under Section 32 of this Act.
(4) Restorative justice programs established pursuant to this section shall not allow participation by a child accused or adjudicated of an offense which would classify him or her as a violent offender under Section 32 of this Act.
Section 54.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Section 54.
Page 78 of 78 HB000590.100 - 128 - XXXX 4/12/2024 6:18 PM Vetoed and Overridden
Veto Overridden April 12, 2024.
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Action History

  1. delivered to Secretary of State (Acts Ch. 174)

  2. enrolled, signed by President of the Senate

  3. enrolled, signed by Speaker of the House

  4. received in House

  5. passed 27-10

  6. veto overridden

  7. posted for passage for consideration of Governor's veto

  8. to Rules (S)

  9. received in Senate

  10. passed 73-22

  11. veto overridden

  12. posted for passage for consideration of Governor's veto

  13. taken from Rules

  14. to Rules (H)

  15. received in House

  16. Vetoed

  17. delivered to Governor

  18. enrolled, signed by President of the Senate

  19. enrolled, signed by Speaker of the House

  20. passed 75-23 with Committee Substitute (1)

  21. House concurred in Senate Committee Substitute (1)

  22. posted for passage for concurrence in Senate Committee Substitute (1)

  23. to Rules (H)

  24. received in House

  25. passed 27-9 with Committee Substitute (1)

  26. floor amendments (1) (2) (3) (4) and (5) withdrawn

  27. 3rd reading

  28. posted for passage in the Regular Orders of the Day for Friday, March 15, 2024

  29. reported favorably, 2nd reading, to Rules with Committee Substitute (1)

  30. returned to Judiciary (S)

  31. 1st reading

  32. taken from Judiciary (S)

  33. to Judiciary (S)

  34. to Committee on Committees (S)

  35. received in Senate

  36. passed 74-22 with Committee Substitute (1) and Floor Amendment (27)

  37. floor amendments (3), (5) and (7) defeated

  38. 3rd reading

  39. floor amendment (27) filed to Committee Substitute

  40. floor amendments (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26) filed to Committee Substitute

  41. posted for passage in the Regular Orders of the Day for Tuesday, January 23, 2024

  42. floor amendments (5), (7), (9) and (11) filed to Committee Substitute, floor amendments (6), (8), (10) and (12-title) filed to bill

  43. 2nd reading, to Rules

  44. floor amendments (3) and (4) filed to Committee Substitute

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

  46. to Judiciary (H)

  47. floor amendments (1) and (2) filed

  48. to Committee on Committees (H)

  49. introduced in House

Sponsors

Sponsorship breakdown

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49 sponsors · 0 co-sponsors · 89 not signed on · 49 voted No

Sponsors (49)

Co-sponsors (0)

None.

Not signed on (89)

89 members have not signed on to this bill.

Show all 89 →

"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

Veto Override HB 5

Passed 27 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 25300
Unaffiliated 2401
Democrat 0300
Total 271001
% of votes cast 71%26%0%3%
How each member voted (38)
Member Party Vote
Schickel — Yea
Thayer — Yea
Westerfield — Nay
Yates — Nay
Southworth — Nay
Turner — Not Voting
Harper Angel — Nay
Cassie Chambers Armstrong Democrat Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Nay
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Nay
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Nay

Official roll call →

Veto Override

Passed 73 Yea · 22 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 67402
Unaffiliated 6403
Democrat 01401
Total 732206
% of votes cast 72%22%0%6%
How each member voted (101)
Member Party Vote
Dixon — Yea
Heath — Yea
Bentley — Yea
Timoney — Yea
Pratt — Yea
Raymond — Nay
Graham — Nay
Palumbo — Nay
Gilbert — Not Voting
Justice — Not Voting
COMMONWEALTH OF KENTUCKY SENATE — Not Voting
Bratcher K. — Yea
Stevenson C — Nay
Adrielle Camuel Democrat Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Nay
Daniel Grossberg Democrat Nay
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Not Voting
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Nay
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Not Voting
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Peyton Griffee Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Nay
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

Consider Motion

Passed 64 Yea · 21 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 5503
Republican 591013
Democrat 01500
Total 6421016
% of votes cast 63%21%0%16%
How each member voted (101)
Member Party Vote
Bentley — Yea
Pratt — Yea
Dixon — Yea
Heath — Yea
Raymond — Nay
Gilbert — Nay
Graham — Nay
Palumbo — Nay
Justice — Not Voting
Timoney — Not Voting
Commonwealth of Kentucky — Not Voting
Bratcher K. — Yea
Stevenson C — Nay
Adrielle Camuel Democrat Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Nay
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Nay
Daniel Grossberg Democrat Nay
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Not Voting
Bobby McCool Republican Not Voting
Candy Massaroni Republican Not Voting
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Not Voting
James Tipton Republican Yea
Jared Bauman Republican Not Voting
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Not Voting
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Not Voting
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Not Voting
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Not Voting
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Peyton Griffee Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Not Voting
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Not Voting
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Not Voting
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

Final Passage

Passed 75 Yea · 23 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 67402
Unaffiliated 7500
Democrat 11400
Total 752302
% of votes cast 75%23%0%2%
How each member voted (100)
Member Party Vote
Heath — Yea
Dixon — Yea
Bentley — Yea
Timoney — Yea
Justice — Yea
Pratt — Yea
Raymond — Nay
Gilbert — Nay
Graham — Nay
Palumbo — Nay
Bratcher K. — Yea
Stevenson C — Nay
Adrielle Camuel Democrat Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Nay
Daniel Grossberg Democrat Nay
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Not Voting
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Nay
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Peyton Griffee Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Nay
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS HB 5 w/ SCS1

Passed 27 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 24202
Unaffiliated 3400
Democrat 0300
Total 27902
% of votes cast 71%24%0%5%
How each member voted (38)
Member Party Vote
Turner — Yea
Schickel — Yea
Thayer — Yea
Westerfield — Nay
Southworth — Nay
Yates — Nay
Harper Angel — Nay
Cassie Chambers Armstrong Democrat Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Not Voting
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Nay
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Tom Smith Republican Not Voting
Wade Williams Republican Yea
Walker Thomas Republican Nay

Official roll call →

Table

Failed 20 Yea · 69 Nay · 10 Other
Party YeaNayPresentNot Voting
Democrat 15000
Unaffiliated 3603
Republican 26307
Total 2069010
% of votes cast 20%70%0%10%
How each member voted (99)
Member Party Vote
Graham — Yea
Palumbo — Yea
Raymond — Yea
Heath — Nay
Dixon — Nay
Bentley — Nay
Timoney — Nay
Pratt — Nay
Justice — Not Voting
Commonwealth of Kentucky — Not Voting
Bratcher K. — Nay
Stevenson C — Not Voting
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Nay
Amy Neighbors Republican Nay
Bill Wesley Republican Nay
Bobby McCool Republican Nay
Candy Massaroni Republican Nay
Chris Freeland Republican Nay
Chris Fugate Republican Nay
DJ Johnson Republican Nay
Daniel Elliott Republican Nay
Daniel Fister Republican Nay
David Hale Republican Nay
David Meade Republican Nay
David W. Osborne Republican Nay
Deanna Gordon Republican Nay
Derek Lewis Republican Nay
Emily Callaway Republican Nay
Felicia Rabourn Republican Not Voting
James Tipton Republican Nay
Jared Bauman Republican Nay
Jason Nemes Republican Nay
Jason Petrie Republican Nay
Jennifer Decker Republican Nay
Jim Gooch Jr. Republican Not Voting
John Blanton Republican Nay
John Hodgson Republican Nay
Josh Branscum Republican Nay
Josh Bray Republican Nay
Josh Calloway Republican Nay
Ken Fleming Republican Nay
Ken Upchurch Republican Nay
Kevin Jackson Republican Nay
Kim Banta Republican Yea
Kim King Republican Nay
Kimberly Poore Moser Republican Nay
Marianne Proctor Republican Not Voting
Mark Hart Republican Nay
Mary Beth Imes Republican Nay
Matt Lockett Republican Nay
Matthew Koch Republican Nay
Michael Meredith Republican Nay
Michael Sarge Pollock Republican Nay
Mike Clines Republican Nay
Myron Dossett Republican Nay
Nancy Tate Republican Nay
Nick Wilson Republican Nay
Patrick Flannery Republican Nay
Randy Bridges Republican Nay
Rebecca Raymer Republican Nay
Richard White Republican Nay
Robert Duvall Republican Nay
Ryan Dotson Republican Nay
Samara Heavrin Republican Not Voting
Savannah Maddox Republican Not Voting
Scott Lewis Republican Nay
Scott Sharp Republican Nay
Shane Baker Republican Nay
Shawn McPherson Republican Nay
Stephanie Dietz Republican Nay
Steve Bratcher Republican Nay
Steve Rawlings Republican Nay
Steve Riley Republican Nay
Steven Doan Republican Not Voting
Steven Rudy Republican Nay
Susan Witten Republican Nay
Suzanne Miles Republican Nay
T.J. Roberts Republican Yea
Thomas Huff Republican Nay
Timmy Truett Republican Nay
Tom Smith Republican Nay
Wade Williams Republican Nay
Walker Thomas Republican Not Voting
William Lawrence Republican Nay

Official roll call →

Pass

Passed 74 Yea · 22 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 66402
Unaffiliated 7400
Democrat 11400
Total 742202
% of votes cast 76%22%0%2%
How each member voted (98)
Member Party Vote
Dixon — Yea
Bentley — Yea
Justice — Yea
Timoney — Yea
Pratt — Yea
Heath — Yea
Raymond — Nay
Graham — Nay
Palumbo — Nay
Bratcher K. — Yea
Stevenson C — Nay
Adrielle Camuel Democrat Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Nay
Daniel Grossberg Democrat Nay
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Nay
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Not Voting
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Not Voting
Savannah Maddox Republican Nay
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Nay
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

Adopt

Failed 19 Yea · 63 Nay · 16 Other
Party YeaNayPresentNot Voting
Democrat 14001
Unaffiliated 4502
Republican 158013
Total 1963016
% of votes cast 19%64%0%16%
How each member voted (98)
Member Party Vote
Raymond — Yea
Graham — Yea
Palumbo — Yea
Dixon — Nay
Heath — Nay
Bentley — Nay
Justice — Nay
Pratt — Not Voting
Timoney — Not Voting
Bratcher K. — Nay
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Nay
Amy Neighbors Republican Nay
Bill Wesley Republican Nay
Bobby McCool Republican Nay
Candy Massaroni Republican Not Voting
Chris Freeland Republican Nay
Chris Fugate Republican Nay
DJ Johnson Republican Nay
Daniel Elliott Republican Not Voting
Daniel Fister Republican Nay
David Hale Republican Nay
David Meade Republican Nay
David W. Osborne Republican Nay
Deanna Gordon Republican Nay
Derek Lewis Republican Nay
Emily Callaway Republican Nay
Felicia Rabourn Republican Nay
James Tipton Republican Nay
Jared Bauman Republican Nay
Jason Nemes Republican Nay
Jason Petrie Republican Nay
Jennifer Decker Republican Nay
Jim Gooch Jr. Republican Not Voting
John Blanton Republican Not Voting
John Hodgson Republican Nay
Josh Branscum Republican Nay
Josh Bray Republican Nay
Josh Calloway Republican Not Voting
Ken Fleming Republican Nay
Ken Upchurch Republican Nay
Kevin Jackson Republican Nay
Kim Banta Republican Not Voting
Kim King Republican Nay
Kimberly Poore Moser Republican Nay
Marianne Proctor Republican Not Voting
Mark Hart Republican Nay
Mary Beth Imes Republican Nay
Matt Lockett Republican Nay
Matthew Koch Republican Not Voting
Michael Meredith Republican Nay
Michael Sarge Pollock Republican Nay
Mike Clines Republican Nay
Myron Dossett Republican Nay
Nancy Tate Republican Nay
Nick Wilson Republican Nay
Patrick Flannery Republican Nay
Randy Bridges Republican Nay
Rebecca Raymer Republican Nay
Richard White Republican Nay
Robert Duvall Republican Nay
Ryan Dotson Republican Nay
Samara Heavrin Republican Not Voting
Savannah Maddox Republican Not Voting
Scott Lewis Republican Nay
Scott Sharp Republican Not Voting
Shane Baker Republican Nay
Shawn McPherson Republican Nay
Stephanie Dietz Republican Nay
Steve Bratcher Republican Nay
Steve Rawlings Republican Nay
Steve Riley Republican Nay
Steven Doan Republican Nay
Steven Rudy Republican Nay
Susan Witten Republican Nay
Suzanne Miles Republican Nay
T.J. Roberts Republican Yea
Thomas Huff Republican Nay
Timmy Truett Republican Nay
Tom Smith Republican Not Voting
Wade Williams Republican Nay
Walker Thomas Republican Not Voting
William Lawrence Republican Nay

Official roll call →

Motion to Divide

Failed 21 Yea · 69 Nay · 8 Other
Party YeaNayPresentNot Voting
Democrat 15000
Unaffiliated 4700
Republican 26208
Total 216908
% of votes cast 21%70%0%8%
How each member voted (98)
Member Party Vote
Raymond — Yea
Graham — Yea
Palumbo — Yea
Bentley — Nay
Justice — Nay
Timoney — Nay
Pratt — Nay
Heath — Nay
Dixon — Nay
Bratcher K. — Nay
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Not Voting
Amy Neighbors Republican Nay
Bill Wesley Republican Nay
Bobby McCool Republican Nay
Candy Massaroni Republican Not Voting
Chris Freeland Republican Nay
Chris Fugate Republican Nay
DJ Johnson Republican Nay
Daniel Elliott Republican Nay
Daniel Fister Republican Nay
David Hale Republican Nay
David Meade Republican Nay
David W. Osborne Republican Nay
Deanna Gordon Republican Nay
Derek Lewis Republican Nay
Emily Callaway Republican Nay
Felicia Rabourn Republican Not Voting
James Tipton Republican Nay
Jared Bauman Republican Nay
Jason Nemes Republican Nay
Jason Petrie Republican Nay
Jennifer Decker Republican Nay
Jim Gooch Jr. Republican Not Voting
John Blanton Republican Nay
John Hodgson Republican Nay
Josh Branscum Republican Nay
Josh Bray Republican Nay
Josh Calloway Republican Not Voting
Ken Fleming Republican Nay
Ken Upchurch Republican Nay
Kevin Jackson Republican Nay
Kim Banta Republican Not Voting
Kim King Republican Nay
Kimberly Poore Moser Republican Nay
Marianne Proctor Republican Nay
Mark Hart Republican Nay
Mary Beth Imes Republican Nay
Matt Lockett Republican Nay
Matthew Koch Republican Nay
Michael Meredith Republican Nay
Michael Sarge Pollock Republican Nay
Mike Clines Republican Nay
Myron Dossett Republican Nay
Nancy Tate Republican Nay
Nick Wilson Republican Nay
Patrick Flannery Republican Nay
Randy Bridges Republican Nay
Rebecca Raymer Republican Nay
Richard White Republican Nay
Robert Duvall Republican Nay
Ryan Dotson Republican Yea
Samara Heavrin Republican Not Voting
Savannah Maddox Republican Not Voting
Scott Lewis Republican Nay
Scott Sharp Republican Nay
Shane Baker Republican Nay
Shawn McPherson Republican Nay
Stephanie Dietz Republican Nay
Steve Bratcher Republican Nay
Steve Rawlings Republican Nay
Steve Riley Republican Nay
Steven Doan Republican Nay
Steven Rudy Republican Nay
Susan Witten Republican Nay
Suzanne Miles Republican Nay
T.J. Roberts Republican Yea
Thomas Huff Republican Nay
Timmy Truett Republican Nay
Tom Smith Republican Nay
Wade Williams Republican Nay
Walker Thomas Republican Nay
William Lawrence Republican Nay

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Subjects

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Frequently asked questions

What does HB 5 do?
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.
Who sponsors HB 5?
HB 5 is sponsored by Jared Bauman (Republican), Shane Baker (Republican), D. Bentley, John Blanton (Republican), Steve Bratcher (Republican), Emily Callaway (Republican), Mike Clines (Republican), Jennifer Decker (Republican), Stephanie Dietz (Republican), Myron Dossett (Republican), Ryan Dotson (Republican), Robert Duvall (Republican), Daniel Fister (Republican), Patrick Flannery (Republican), Ken Fleming (Republican), Chris Freeland (Republican), Chris Fugate (Republican), Jim Gooch Jr. (Republican), David Hale (Republican), R. Heath, John Hodgson (Republican), Thomas Huff (Republican), Mary Beth Imes (Republican), Kevin Jackson (Republican), DJ Johnson (Republican), J. Justice, Kim King (Republican), Scott Lewis (Republican), Matt Lockett (Republican), Shawn McPherson (Republican), Amy Neighbors (Republican), Jason Nemes (Republican), David W. Osborne (Republican), Michael Sarge Pollock (Republican), P. Pratt, Steve Rawlings (Republican), Rebecca Raymer (Republican), Steve Riley (Republican), Scott Sharp (Republican), Nancy Tate (Republican), Walker Thomas (Republican), James Tipton (Republican), Timmy Truett (Republican), Bill Wesley (Republican), Richard White (Republican), Wade Williams (Republican), Nick Wilson (Republican), and Susan Witten (Republican).
What is the current status of HB 5?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track HB 5?
Track HB 5 free on One Click Politics — get push/email alerts when it moves.

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