Controversial Kentucky crime bill touted at GOP ceremony

LOUISVILLE, Ky. (WDRB) -- Soon it will be illegal in Kentucky for people to sleep on the street, and store owners will have the right to use force to protect their space.

On the last day of Kentucky's legislative session, lawmakers and supporters gathered at the Capitol in Frankfort for a ceremony for House Bill 5, the controversial Republican anti-crime measure that is set to become law after GOP lawmakers overwhelmingly moved to quash Gov. Andy Beshear's veto.

Republicans touted the passage of what supporters call the "Safer Kentucky Act" Monday at a gathering with GOP Secretary of State Michael Adams. In his role, Adams signs only legislation that is vetoed but then passed into law by an override vote.

"I live in Jefferson County myself and I feel safer already," Adams said.

"In the 4 and a half million honest citizens that we serve, we are going to take a very serious approach to experienced criminals that continue to prey on our innocent neighbors," said state Rep. Jared Bauman, (R-Louisville).

House Bill 5 takes a sweeping approach to criminal justice in the state. It adds carjacking and other crimes to Kentucky's list of violent offenses, beefs up penalties for killing first responders and enacts new penalties for fentanyl trafficking and other related drug charges.

The new law increases criminal penalties and fines on a number of crimes. It also removes parole options for people with three convictions for violent offenses. It gives store owners the ability to use force if needed to prevent shop lifting.

Perhaps most controversially, the bill creates criminal penalties for street camping and makes repeat camping in public areas, such as beneath overpasses, a misdemeanor punishable by up to 90 days in jail.

Beshear, a Democrat, vetoed the Republican-backed legislation this month, writing in his veto message that HB 5 includes some “good parts”, such as destroying firearms used in murders and making carjacking a separate crime. He argued that those and other provisions should have been in their own standalone bills.

The measure also includes "Madelynn's Law," named for Madelynn Troutt, a Butler High School student killed in a head-on crash.

"I feel jittery inside her name is going to live on and we are going to help save families and it means a lot to us," said Marcie Troutt, Madelynn's mom.

That provision stops charitable bail organizations from posting bail of $5,000 or more. Michael Dewitt was out on a $5,000 bond when he drove a stolen car the wrong way down Dixie Highway and crashed head-on into Madelynn’s vehicle in 2021.

"We needed criminal justice reform in our state and that's what House Bill 5 provides meaningful impactful criminal justice reform that was far overdue," Bauman said.

It was not a unanimous path through the legislature. Democrats and even some Republicans pushed back on how the legislation would impact the homeless population.

Senator Whitney Westerfield, (R-Fruit Hill), called it a "bad bill" that outlaws people having no where to stay.

"They're going to penalize, criminally penalize, homelessness, and there are going to be some people today -- who are homeless through no fault of their own," Westerfield said. "There are a lot of parts of the bill that casts the net this wide, when a net this wide would have done the job."

House Bill 5 will go into effect in July.

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