State lawmakers send controversial ‘Safer Kentucky Act’ to Gov. Andy Beshear

LOUISVILLE, Ky. (WDRB) – Kentucky lawmakers approved and sent to Gov. Andy Beshear on Thursday a controversial crime bill that would create new penalties for certain offenses, including for homeless people who sleep in public places.

House Bill 5, known as the “Safer Kentucky Act," was given final passage by the House of Representatives, which voted 75-23 in favor after a tense floor debate. The Senate had already approved the bill and sent it back to the House with some changes.

Democratic Louisville lawmakers heavily criticized the legislation on the House floor, in part, for making street camping illegal and threatening homeless people with jail time if they continue to sleep in public places like sidewalks and under overpasses.

A Lexington representative, for example, asked whether UK basketball fans waiting for tickets overnight in tents will be arrested as part of the bill.

Rep. Jared Bauman, R-Louisville, who sponsored the bill, answered that the intent is not to make homelessness a crime.

Rep. Pamela Stevenson, D-Louisville, criticized that answer.

"It's duplicitous statements like that that make people not trust us,” Stevenson said.

Rep. Rachel Roberts, D-Newport, said “it’s one of the worst pieces of legislation” she has seen in her tenure.

The bill seeks to overhaul key parts of the state’s criminal code, including creating a “three strikes” law for violent felony offenders, setting spending limits for charitable bail organizations and adding more crimes, such as carjacking, to Kentucky’s list of violent offenses.

Beshear will have the chance to veto the bill before the legislature reconvenes on April 12 and April 15, when it can vote to override the governor.

The crime bill is backed by law enforcement groups that include the Kentucky State Fraternal Order of Police and the Kentucky Commonwealth’s Attorneys’ Association. But it has generated stiff opposition from advocates for the homeless and others that argue the legislation is too broad, will cost Kentucky taxpayers $1 billion over the next decade, and isn’t supported by accurate data.

There have also been questions raised about whether Kentucky jails, most of which are already overcrowded, have enough room to hold citizens arrested under this bill.

Rep. Sarah Stalker, D-Louisville, said the bill was a “backwards approach” that is “fear based and at the end of the day, we are missing a huge opportunity to do something good for our state. … “This is a boogeyman you are putting out to try and control people with fear.”

But Rep. Jason Nemes, R-Louisville and one of HB 5's co-sponsors, said the bill has been exhaustively debated and it was time to move forward.

“When you commit a crime against our people, we are going to protect our people against you,” Nemes said, getting an ovation from some in the room.

Eventually, Republicans legislators voted to set time limits on debating the bill.

The most recent comprehensive report of crime in Kentucky found that serious crime fell by 9.21% in 2022 and homicides dropped by 33%. However, WDRB News reporting has cast doubt on the accuracy of data from the Louisville Metro Police Department and, by extension, the overall state data. An update to the report is expected later this year.

Louisville representatives also noted that violent crimes are statistically down this year and it will be extremely costly to keep more people incarcerated.

Still, at the end of the hearing, Bauman was asked if anything he had heard during the debate Thursday had given him pause.

“I think it’s time to move forward,” he said.

Safer Kentucky Act Coverage: