Anti-crime bill featuring three-strikes provision wins approval from GOP-led House panel in Kentucky

FRANKFORT, Ky. (AP/WDRB) — Sweeping anti-crime legislation that would keep felons locked up after a third violent offense won approval Thursday from a Kentucky House committee that heard mixed reviews about its potential to combat crime.

The measure has emerged as a top priority this year in the Republican-dominated House. The proposal cleared the House Judiciary Committee after a long and at times emotional hearing. Lawmakers heard heart-wrenching testimony from people who lost loved ones as a result of violent crimes.

“With this bill, we are reasserting some basic and simple truths, and that is that criminals — not society — are accountable for their actions," said Republican Rep. Jared Bauman, the bill’s lead sponsor. "And society has the right to protect itself from the criminal element.”

Critics of the bill raised doubts about whether it would make a dent in crime. They said it fails to address the many complex issues that can lead to criminal activity.

"It is not going to deter criminals who are going to do those crimes because we are not addressing any of these underlying reasons for those crimes in this bill,” said Democratic Rep. Nima Kulkarni.

The measure advanced on a 13-5 committee vote and now heads to the full House. In a clear sign of the bill's popularity, its cosponsors total slightly more than half of the chamber's entire membership. The measure would head to the GOP-led Senate if it passes the full House.

One of the groups in support of the bill was from the family of Madelynn Troutt. She was a Butler High School senior in Louisville who was killed in a crash on March 1, 2021.

Police charged the driver accused of hitting Madelynn's car with murder and leaving the scene of the accident. Just days before, the Louisville chapter of the Bail Project had posted his bail.

"There is doubt that her calling in life was helping others in their time of crisis," Marcie Troutt, Madelynn's mother, told lawmakers.

They support the provision in the bill that regulates bail funding organizations, which includes preventing charitable organizations, such as the Bail Project, from paying a bail of $5,000 or more. Lawmakers are calling this "Madelynn's Law."

"I believe that people could, and should be helped, but the Louisville Bail Project is not the answer," Peyton Troutt, Madelynn's brother, said.

An official with the Bail Project told WDRB News in 2021 that they posted the driver's bond after identifying he had a drug addiction and agreed to seek treatment. They expressed sadness over Troutt's death.

Critics of the bill worry about the effect this restriction could have on those who cannot afford bail.

"I can't even imagine what the families are going through. But we believe that people are innocent, and people shouldn't have to purchase their freedom to get out," Kungu Njuguna with the ACLU said. "If I got arrested today, I could post my bond. But there are a whole lot people who can't. And we shouldn't be deciding penalties of crime just because you don't have the financial resources."

Shameka Parrish-Wright, a former leader in the Bail Project and a current Louisville Council member, said she'd rather see people get the treatment they need, and help they deserve, rather than sit in jail longer.

"If we're gonna do something in the legacy of our loved ones, let's make sure we're looking at all of the parts, because elected officials will use their stories to attack and criminalize poverty, and that's what you're seeing now," Parrish-Wright said.

Another key component of the bill is its three-strikes provision. People convicted of three violent felonies would face life in prison. The bill would increase penalties for several other crimes as well.

Democratic Rep. Keturah Herron, of Louisville, expressed doubts that the tougher provisions would make people safer.

“No time in the state of Kentucky, or in our nation, have we been able to incarcerate ourselves out of any issue — ever,” Herron said.

Bauman disagreed, saying that increasing incarceration of violent offenders would reduce crime.

Rep. Jason Nemes, R-Louisville, another leading supporter of the bill, said it was unfair to claim that Kentucky is trying to “incarcerate ourselves out" of the crime problem. He noted that Kentucky has significantly increased the number of treatment beds for people struggling with addiction.

“That is what we are about — recovery, helping folks who need to be recovered," Nemes said. "But we’re also about people who commit violence on our people, putting them away for a long time. That’s what this bill is supposed to do.”

Representatives from Kentucky Forum for Rights Economics and Education (KYFREE), an organization supportive of conservative principles, pointed out problems with the bill.

"According to a recent study by the National Institute of Justice, they found that long sentences do little to deter individuals from committing crime," Sarah Durand with KYFREE said. "Instead, those serving time without the possibility of parole often present greater risk to the corrections staff as they have no incentive to rehabilitate themselves."

The legislation also seeks to crack down on the prevalence of fentanyl — a powerful synthetic opioid seen as a key factor in the state’s high death toll from drug overdoses. The bill would toughen penalties for knowingly selling fentanyl or a fentanyl derivative that results in a fatal overdose.

"Quite frankly, I don't think you go far enough," Rep. John Blanton (R-Salyersville) said. "I think that if someone traffics drugs of any sort, and someone dies as a result, they ought to be charged with murder. Period."

The measure also would create a standalone carjacking law and increase penalties for several crimes, ranging from attempted murder to fleeing or evading police. Other provisions aim to crack down on drive-by shootings and would offer both workers and business owners civil and criminal immunity in cases where they tried to prevent theft or protect themselves and their stores.

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