HB 3/LM/CI (BR 1509) - J. Jenkins, R. Damron, R. Adams, R. Adkins, A. Arnold, J. Arnold Jr, S. Baugh, C. Belcher, J. Bowen, K. Bratcher, S. Brinkman, T. Burch, J. Carr, M. Cherry, L. Clark, H. Collins, J. Comer Jr, H. Cornett, T. Couch, R. Crimm, J. DeCesare, W. Dedman Jr, B. DeWeese, J. Draud, C. Embry Jr, B. Farmer, D. Ford, J. Gooch Jr, D. Graham, J. Gray, W. Hall, M. Henley, J. Higdon, C. Hoffman, D. Horlander, D. Keene, T. Kerr, S. Lee, Ji. Lee, G. Lynn, M. Marzian, T. McKee, C. Meade, C. Miller, H. Moberly Jr, R. Mobley, B. Montell, L. Napier, R. Nelson, F. Nesler, S. Nunn, D. Osborne, D. Owens, R. Palumbo, D. Pasley, T. Pullin, M. Rader, R. Rand, J. Richards, S. Riggs, T. Riner, T. Shelton, C. Siler, A. Simpson, A. Smith, J. Stacy, J. Stewart III, T. Thompson, J. Vincent, M. Weaver, S. Westrom, R. Wilkey, A. Wuchner, B. Yonts
AN ACT relating to sex offenses and the punishment thereof.
Amend KRS 17.500, relating to sex crime definitions, to add definitions of "homeless," "mental abnormality," "residence," and "sexually violent offense"; add additional offenses to the definition of sex crimes; amend KRS 17.510, relating to the sex offender registration system, to require registration with the local probation and parole office; require a new fingerprint card and photograph of the registrant each year; require sex offenders convicted in another country to register; require sex offender who changes residence to notify probation and parole within five days of relocation; specify that out of state sex offender is presumed to know the duties required by the Commonwealth; require registrant who lives on a boat or a mobile home to supply additional information relating to the make, model, and other information about boats or mobile homes; require registrant who is homeless to reregister every 14 days until residency is obtained; increase penalty for second or subsequent offense for registration violation to a Class C felony; amend KRS 17.520, relating to registrants registering for a period of time upon being released by the court, to include persons adjudicated guilty; require registrants to register for 20 years following confinement or 20 years following the maximum discharge date; amend KRS 17.580, relating to availability of information on the Web site, so that it includes all registrants and so that people out-of-state can also access this information; create new section of Chapter 65 to specify responsibilities for enforcing, investigating, and prosecuting violations of the provisions of sex offender registration laws; specify that it is the intent of the General Assembly to occupy the entire field of legislation relating to violent offenses and sex crimes; amend KRS 160.151 requiring a national and state criminal background check; add definition of "contractor"; amend KRS 160.380, relating to school employees, to define contractor; provide that superintendents may require background checks of contractors, volunteers, or visitors; create new section of chapter 164 to require all initial hires to have a background check; amend KRS 186.412, relating to license applications, to require that all operator licenses shall include a statement of whether the person is a sex offender who is required to register and must be signed, dated, and sworn to before the clerk in which the applicant is swearing that all information is true and complete with no omitted material; amend KRS 196.280, relating to notification of release of person from penitentiary, juvenile detention facility, regional jail, or county jail, to include youth development center, clinical treatment facility, residential treatment facility, community-based facility, boarding home, and group home; create new section of Chapter 197 to provide that any statement made by sex offenders during treatment cannot be admissible against the person in any criminal proceeding; provide that any statement made which indicates a child being or about to be abused should be reported; amend KRS 413.249, relating to actions relating to childhood sexual abuse or childhood sexual assault, to say that a civil action for recovery of damages shall not be subjected to a period of limitation and may be commenced at any time; amend KRS 431.005 to say that a peace officer may arrest a person without a warrant but must have probable cause to believe that the person is a sex offender who has neglected to comply with the Kentucky Sex Offender Registry requirements, based on information received from the Law Information Network of Kentucky; define "peace officer" as a certified peace officer; amend KRS 431.517, relating to authorizations for home incarceration as a form of pretrial release, to add various provisions for pretrial release; amend KRS 431.520 to require the court to consider electronic monitoring and home incarceration and to take steps to prevent the person from committing any crime while released; amend KRS 439.265, relating to sex crime procedures, to omit not suspending a sentence if a defendant has been convicted of an offense or criminal attempt to commit any; amend KRS 439.3401, relating to parole for violent offenders, to define what a "violent offender" means; amend KRS 441.046, relating to fingerprinting of persons in adult or juvenile detention facilities, to require fingerprinting of arrested persons prior to the person's release from custody and to require that these fingerprints be transmitted to the Kentucky State Police for review; specify procedure when a jailer fails to comply; create new section of Chapter 510 relating to sexual offenses to add that testimonies of a witness or victim who is 18 years old shall be preserved under seal; require prosecution and defense to return sealed copies at the end of the case; amend KRS 510.010, relating to sex crime definitions, to change definitions of "foreign object"; amend KRS 510.020, relating to lack of consent, to add that a person is incapable of consent when he or she is under governmental custody, or on probation or on parole; amend KRS 510.060, relating to rape in the third degree, to include the use of authority to engage in sexual intercourse with a minor; amend KRS 510.090,relating to sodomy in the third degree, to include the use of authority to engage in sexual intercourse with a minor; amend KRS 510.110, relating to sexual abuse in the first degree, to include Class A felony if victim is less than 12 years old; amend KRS 510.120, relating to sexual abuse in the second degree, to include the use of authority to subject a minor to sexual contact; create a new section of Chapter 519 relating to obstruction of public administration, to include an explanation of tampering with a prisoner monitoring device which is a Class D felony; amend KRS 520.110, relating to custody offenses, to include the use of affirmative action; amend KRS 520.120, relating to hindering prosecution or apprehension in the first degree, to include rendering assistance to another; amend KRS 530.020, relating to incest, to include Class A, B, and C felonies; amend KRS 530.064, relating to unlawful transactions with a minor in the first degree, to include illegal controlled substance activity; amend KRS 531.335, relating to possession of matter portraying a sexual performance by a minor, to omit Class A and D felonies; amend KRS 531.340, relating to distribution of matter portraying a sexual performance by a minor, to add she and her; require Class C felony for subsequent offenses; amend KRS 532.025, to include sexual abuse in the first degree; require aggravating circumstances to include murder against a child less than 12 years of age; amend KRS 532.043, relating to requirements of conditional discharge for certain felonies, to add provisions regarding minors and felony offenses; require five years instead of three years for conditional discharge; amend KRS 532.080, relating to persistent felony offender sentencing, to include one or more felony sex crimes and one or more felonies under first degree offense and have life without parole for 25 years; amend KRS 532.110, relating to concurrent and consecutive terms of imprisonment ,to include sentence violators with two or more sexual offenses involving two or more victims; amend KRS 533.030 to include relocating expenses for safety; amend KRS 533.250, relating to pretrial diversion program in each judicial circuit, to make a person ineligible who has committed a sex crime; amend KRS 605.090, relating to alternative treatment for committed children, to include disclosing and sharing information for protecting any child; amend various sections to make technical corrections.
HB 3 - AMENDMENTS
HCS/LM/CI - Amend KRS 17.165, relating to criminal record checks for child care workers, to define "sex crime"; amend KRS 17.170, relating to DNA samples, to include youthful offenders; amend KRS 17.495, relating to sex offenders living within 1,000 of restricted areas, to measure the distance from property line to property line; establish a duty to determine the property distance; require registrants to move if a new facility is opened; establish criminal penalties; amend KRS 17.500 to define "approved provider," "sexual offender," "board," and "victim"; delete definitions of "homeless," "mental abnormality," and "sexually violent offense"; amend KRS 17.510, relating to the sex offender registration system, to delete requirement to register a mobile residence; delete special registration requirements for the homeless; require that an offender must "knowingly" violate the registration requirements; amend KRS 17.520, relating to the period of registration, to delete all "adjudicated guilty" references from lifetime registration; amend KRS 17.580, relating to the online sex offender registry, to allow local law enforcement agencies to provide personal notification and provide the same warning that appears on the Web site; create a new section of KRS 17.500 to 17.580 to prohibit the making of a false statement to a law enforcement official regarding a noncompliant registrant; prohibit harboring of a registered sex offender; set criminal penalties; amend the creation of a new section of KRS Chapter 65, relating to preemption of local laws regarding violent and sexual offenders, to establish that any local ordinance, resolution, or rule relating to such offenders be null and void upon the effective date of this Act; amend KRS 160.151, relating to criminal record checks for school employees, to delete references to "adjudicated guilty"; amend KRS 160.380, relating to school employees, to delete references to "adjudicated guilty"; amend the creation of a new section of KRS Chapter 164 to require postsecondary education institutions to ask applicants to disclose their criminal history; allow each institution to determine which positions require a criminal record check; establish that conviction of a sex offense shall bar employment; delete amendments to KRS 186.412, relating to driver's licenses; amend KRS 196.280, notification of release from penitentiaries, to limit notification to youthful offenders; amend KRS 197.010 to add the definitions of "eligible sex offender," and "sexual offender"; delete the creation of a new section of KRS Chapter 197; amend KRS 197.440, relating to privileged communication, to specify that KRS 620.030 does not apply to this section; delete amendments to KRS 413.249, action relating to childhood sexual abuse; delete amendments to KRS 431.517, relating to home incarceration; create a new section of KRS Chapter 439 to require probation and parole officers to be trained in the requirements of sex offender laws and to register sex offenders and answer their questions; require the Justice Cabinet to provide copies of documents needed to register sex offenders to each probation and parole office; amend KRS 439.265, relating to shock probation, to restore subsection (5) with the addition of KRS 530.064(1)(a); delete new section of KRS Chapter 510, relating to minor witnesses; delete amendments to KRS 510.010, relating to foreign objects; amend KRS 510.060, relating to rape in the second degree, to include a person in a position of authority or special trust who engages in sexual intercourse with a minor under the age of 16; amend KRS 510.090, relating to sodomy in the third degree, to include a person in a position of authority or special trust who engages in sexual intercourse with a minor under the age 16; amend KRS 510.110, relating to sex abuse in the first degree, to establish that when a victim is younger than 12, the offense is a Class C felony; amend KRS 510.120, relating to sexual abuse in the second degree, to include a person in a position of authority or special trust who engages in sexual intercourse with a minor under the age of 16; amend KRS 510.155, relating to the procuring of minors via an electronic communications device, to include cellular telephones as a communications system; broaden the offense to include any activity that would violate KRS 510.060, 510.090, 529.030, or KRS Chapter 531; amend the creation of new KRS Chapter 519, relating to tampering with prisoner monitoring devices, to add "intentionally" to the offense; delete amendments to KRS 532.025, relating to the death penalty; amend KRS 532.043, relating to conditional discharge, to add KRS 530.064(1)(a) only; amend KRS 533.250, relating to pretrial diversion, to specify that those on diversion on the effective date of this Act may remain on diversion; amend KRS 620.090, relating to temporary custody orders, to specify that no child shall be placed in a home with a child who has been committed to the Department of Juvenile Justice for commission of a sex crime; amend KRS 620.230, relating to case permanency plans, to specify that no child shall be placed in a home with a child who has been committed to the Department of Juvenile Justice for commission of a sex crime; create a new section of KRS Chapter 635 to establish that communications made in the application for or in the course of a child sexual offender's diagnosis and treatment be privileged; amend KRS 635.515, relating to treatment of juvenile sex offenders, to allow the three-year time limit for treatment to be extended by one additional year by the sentencing court upon option of the Department of Juvenile Justice; amend various other statutes to conform.
HCA (1/Title, G. Lindsay) - Make title amendment.
HFA (1, S. Lee) - Amend KRS 610.120, relating to juvenile proceedings, to require 10 days prior notice of certain motion hearings; amend KRS 610.320, 610.340, and 610.345 relating to access to juvenile court records to make juvenile records accessible to peace officer, public officer, public employee, and the public.
HFA (2, S. Lee) - Amend KRS 610.340 to provide peace officers and certain public employees access to juvenile court records.
HFA (3, M. Weaver) - Include amendment to KRS 17.167 to prohibit fire departments, licensed ambulance services, or rescue squads from employing persons listed on the sex offender registry.
SCS/LM/CI - Create new section and amend various sections of the juvenile code to require court clerks to keep separate record books of specified offenses; provide peace officers access to juvenile court records; provide that postsecondary education institutions shall obtain criminal background investigations of new employees and may obtain criminal background investigations on contractors, visitors, and volunteers; make technical corrections.
SFA (1, E. Scorsone) - Amendment KRS 610.340; add provision prohibiting law enforcement officer from making juvenile information public; restrict information to official use only.
SFA (2, E. Scorsone) - Retain original provisions; amend KRS 610.340 to add provision prohibiting law officers from making juvenile information public; restrict information to official use only.
SFA (3, R. Stivers II) - Prohibit placement of a dependent, neglected, or abused child with a child committed for the commission of sex crimes unless the sexually offending child is kept segregated.
Jan 19-introduced in House
Jan 20-to Judiciary (H)
Feb 21-posting waived; posted in committee
Feb 24-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Feb 27-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, February 28, 2006; floor amendments (1) (2) and (3) filed to Committee Substitute
Feb 28-3rd reading; floor amendment (1) ruled out of order ; floor amendment (2) rejected ; passed 99-0 with Committee Substitute, committee amendment (1-title)
Mar 1-received in Senate
Mar 3-to Judiciary (S)
Mar 8-taken from committee; 1st reading, to Calendar
Mar 9-2nd reading; returned to Judiciary (S)
Mar 16-reported favorably, to Rules with Committee Substitute; posted for passage in the Regular Orders of the Day for Thursday, March 16, 2006; passed over and retained in the Orders of the Day; floor amendment (1) filed to Committee Substitute
Mar 17-passed over and retained in the Orders of the Day; floor amendment (2) filed to Committee Substitute
Mar 21-passed over and retained in the Orders of the Day; floor amendment (3) filed to Committee Substitute
Mar 22-passed over and retained in the Orders of the Day
Mar 23-passed over and retained in the Orders of the Day
Mar 24-3rd reading, passed 38-0 with Committee Substitute, floor amendments (1) (2) and (3) ; received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute, floor amendments (1) (2) and (3) for Friday, March 24, 2006; House concurred in Senate Committee Substitute, floor amendments (1) (2) and (3) ; passed 93-0
Apr 10-enrolled, signed by each presiding officer; delivered to Governor
Apr 18-signed by Governor (Acts ch. 182)