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HB 5 KY
Became Law

AN ACT relating to crimes and punishments.

KY · session 2024RS · Assembly / House · bill

A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →

Introduced Jan 9, 2024

Latest action (Apr 12, 2024) delivered to Secretary of State (Acts Ch. 174)

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.

Sponsors (49)

Action history (49)

  1. Jan 9, 2024 introduced in House · lower
  2. Jan 9, 2024 to Committee on Committees (H) · lower
  3. Jan 18, 2024 floor amendments (1) and (2) filed · lower
  4. Jan 18, 2024 to Judiciary (H) · lower
  5. Jan 19, 2024 reported favorably, 1st reading, to Calendar with Committee Substitute (1) · lower
  6. Jan 19, 2024 floor amendments (3) and (4) filed to Committee Substitute · lower
  7. Jan 22, 2024 2nd reading, to Rules · lower
  8. Jan 22, 2024 floor amendments (5), (7), (9) and (11) filed to Committee Substitute, floor amendments (6), (8), (10) and (12-title) filed to bill · lower
  9. Jan 22, 2024 posted for passage in the Regular Orders of the Day for Tuesday, January 23, 2024 · lower
  10. Jan 23, 2024 floor amendments (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26) filed to Committee Substitute · lower
  11. Jan 24, 2024 floor amendment (27) filed to Committee Substitute · lower
  12. Jan 25, 2024 3rd reading · lower
  13. Jan 25, 2024 floor amendments (3), (5) and (7) defeated · lower
  14. Jan 25, 2024 passed 74-22 with Committee Substitute (1) and Floor Amendment (27) · lower
  15. Jan 26, 2024 received in Senate · upper
  16. Jan 26, 2024 to Committee on Committees (S) · upper
  17. Feb 7, 2024 to Judiciary (S) · upper
  18. Mar 13, 2024 taken from Judiciary (S) · upper
  19. Mar 13, 2024 1st reading · lower
  20. Mar 13, 2024 returned to Judiciary (S) · upper
  21. Mar 14, 2024 reported favorably, 2nd reading, to Rules with Committee Substitute (1) · lower
  22. Mar 14, 2024 posted for passage in the Regular Orders of the Day for Friday, March 15, 2024 · lower
  23. Mar 15, 2024 3rd reading · lower
  24. Mar 15, 2024 floor amendments (1) (2) (3) (4) and (5) withdrawn · lower
  25. Mar 15, 2024 passed 27-9 with Committee Substitute (1) · lower
  26. Mar 21, 2024 received in House · lower
  27. Mar 21, 2024 to Rules (H) · lower
  28. Mar 25, 2024 posted for passage for concurrence in Senate Committee Substitute (1) · lower
  29. Mar 28, 2024 House concurred in Senate Committee Substitute (1) · lower
  30. Mar 28, 2024 passed 75-23 with Committee Substitute (1) · lower
  31. Mar 28, 2024 enrolled, signed by Speaker of the House · lower
  32. Mar 28, 2024 enrolled, signed by President of the Senate · upper
  33. Mar 28, 2024 delivered to Governor · lower
  34. Apr 9, 2024 Vetoed · lower
  35. Apr 12, 2024 received in House · lower
  36. Apr 12, 2024 to Rules (H) · lower
  37. Apr 12, 2024 taken from Rules · lower
  38. Apr 12, 2024 posted for passage for consideration of Governor's veto · lower
  39. Apr 12, 2024 veto overridden · lower
  40. Apr 12, 2024 passed 73-22 · lower
  41. Apr 12, 2024 received in Senate · upper
  42. Apr 12, 2024 to Rules (S) · upper
  43. Apr 12, 2024 posted for passage for consideration of Governor's veto · lower
  44. Apr 12, 2024 veto overridden · lower
  45. Apr 12, 2024 passed 27-10 · lower
  46. Apr 12, 2024 received in House · lower
  47. Apr 12, 2024 enrolled, signed by Speaker of the House · lower
  48. Apr 12, 2024 enrolled, signed by President of the Senate · upper
  49. Apr 12, 2024 delivered to Secretary of State (Acts Ch. 174) · lower
Subjects
Bail and Pretrial ReleaseBoards and CommissionsBonds of SuretyCharitable Organizations and InstitutionsChildren and MinorsCivil ActionsCorrections ImpactCorrections and Correctional Facilities, StateCourtsCourts, CircuitCourts, DistrictCourts, FamilyCrime VictimsCrimes and PunishmentsCriminal ProcedureDomestic RelationsDrugs and MedicinesEffective Dates, DelayedExplosivesFirearms and WeaponsJails and JailersJudges and Court CommissionersJuries and JurorsLandlord and TenantLocal MandateMotor VehiclesPolice, StateProbation and ParolePropertyProsecutorsPublic ProtectionPublic SafetyReports Mandated

Text versions (3)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • Acts Chapter 174 · PDF
  • Current/Final · PDF
  • Introduced · PDF

Full text

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