LOUISVILLE, Ky. (WDRB) -- A group of Louisville lawmakers announced Tuesday they'll introduce legislation called the Safer Kentucky Act, a proposal aimed at reversing what's been a multi-year surge in violent crime.

The plan, the Kentucky House Majority Caucus said in a news release Tuesday, will be designed to "tackle crime at many levels and modernize criminal statutes originally written almost 50 years ago."

"Our city has seen at least 115 homicides this year, and just this weekend a 14-year-old was killed only 15 minutes from here," Rep. Jared Bauman, R-Louisville, said in a news release Tuesday. "Earlier this month, we experienced fear and terror in neighborhoods of the very district I represent as a violent criminal preyed on our innocent and unsuspecting neighbors. My constituents are fed up. They don’t feel safe in their own homes and neighborhoods. If we do not do something now, things will only get worse. And, while we talk about crime here in Louisville, it is an issue that unites Kentuckians across the state. Kentuckians deserve better."

The Safer Kentucky Act covers a lot of ground. One emphasis is an expansion of the death penalty for several types of crimes, including fentanyl dealers, those convicted in a deadly carjacking and those convicted of killing a police officer.

"I'm against the death penalty," said Rep. Jason Nemes, R-Louisville. " (But) if we're going to have it in Kentucky, it should include killing an officer."

There's also a call for requiring a new KSP post in Louisville, something Democratic Gov. Andy Beshear has pushed back on because of KSP's trooper shortage.

"We by no means want to see Kentucky State Police on the streets of Louisville policing day to day," Bauman said. "We want resources that can free up LMPD officers to provide that street patrol that we so desperately need in our county."

The proposal is highlighted by 18 main points, all focused on addressing violent crimes at every level, from increased police resources in new areas of the state to implementing harsher sentences and tweaking the judicial process:

  • Targeting Violent Persistent Felony Offenders - "Three Strikes Law"
    • Requires life without probation or parole for those convicted of a violent felony that does not qualify as a capital offense if the individual already has two separate violent felony convictions on their criminal record.
    • Allows the death penalty to be used if the third violent felony is a capital offense.
  • Enhancing the Penalty for Fentanyl Delivery Causing Overdose Death
    • Death by delivery constitutes murder.
    • Allows the death penalty or life without parole for an individual that knowingly sells fentanyl or a fentanyl derivative to another person when the injection, ingestion, inhalation, or other introduction of the fentanyl or fentanyl derivative causes the death of such person. 
  • Promoting Contraband in Detention Facility
    • Increases the felony class for providing contraband substances within a jail, prison, or other type of detention center to a Class B felony.
      • Substances such as fentanyl, carfentanil, and fentanyl derivatives.
  • Establishing a Kentucky State Police Post
    • Requires the state to establish a Kentucky State Police (KSP) post in Jefferson County.
  • Regulating Bail Funding Organizations - "Madelynn’s Law"
    • Prevents charitable organizations from furnishing bail of $5,000 or more.
    • Makes it unlawful to furnish bail regardless of the amount for an offense of domestic violence or for a person being held under a civil court order or warrant pursuant to Casey’s Law.
    • Requires photo identification for any person who posts bail.
    • Requires a charitable bail organization to maintain and make an annual report to the Interim Joint Committee on Judiciary and make it publicly available on the organization’s website.
  • Strengthening Shopkeeper’s Privilege
    • Allows employees and business owners to use a reasonable amount of force necessary to protect themselves, to prohibit the escape of a person detained, or to prevent the loss of goods for sale.
    • Provides civil and criminal immunity for the worker and business owner.
  • Increasing Penalties for Attempted Murder
    • Increases the penalties for those who are convicted of attempted murder to require them to serve a minimum of 85 percent of their sentence before they are eligible for early release.
    • Adds attempted murder to the violent offense statute.
  • Requiring Parents to Attend Juvenile Court Hearings
    • If a violation occurs, a person shall be fined up to $500 and ordered to participate in up to 40 hours of community service.
  • Re-Entry for Those Leaving Incarceration
    • Adds county jails and regional correctional facilities to the requirement for the Transportation Cabinet to issue a personal identification card or operator’s license for an eligible felony offender.
  • Creating a Kentucky Statute for Carjacking
    • Makes carjacking a Class C felony.
    • If a carjacking results in the serious physical injury of an individual who is not a participant in the crime, it would be a prosecuted as a Class B felony.
    • The death of an individual who is not a participant in the carjacking would be prosecuted as a capital offense.
  • Increasing Penalties for Vandalism of Public or Private Property.
    • Changes the felony amount of vandalism damage to $500.
    • Allows for charges to be a Class B misdemeanor if the defendant, prior to trial, effects repair or replacement of the damaged property; or makes complete reimbursement in the amount of the damages.
  • Mandatory Sentencing for Guns Used in Crimes That Were Possessed in Violation of State Law
    • Prevents a person from being eligible for probation, parole, conditional discharge, conditional release, or any other form of release prior to the completion of their sentence if, in the commission of the offense, they used a firearm which was possessed in a violation of state law, including firearms which are stolen or defaced.
  • Involuntary Confinement for the Mentally Ill
    • Allows eligible mentally ill individuals to be remanded to the custody of a sheriff or peace officer when discharged.
    • If eligible, individuals released from a forensic psychiatric facility would be transported to the individual’s county of discharge by a sheriff, peace officer, or ambulance service, or other appropriate transportation consistent with the treatment plan.
  • Allow Law Enforcement to use Wiretapping when Appropriate
    • Establishes a wiretapping law for Kentucky.
    • Allows local and state law enforcement to partner with the federal government to obtain wiretaps to investigate heinous crimes and gangs.
    • Allows for the state’s attorney general or any commonwealth’s attorney to apply to a judge of competent jurisdiction for an order authorizing the interception of wire, oral, or electronic communications by investigative or law enforcement officers when the interception may provide evidence in the commission of the following: murder, kidnapping, human trafficking, child sexual exploitation, child pornography production, prostitution, gambling, robbery, bribery, extortion, or dealing with narcotic drugs, or other dangerous drugs.
  • Auction of Confiscated Guns
    • Allows unlicensed ordinary citizens to bid on confiscated murder weapons with the provision that the guns be destroyed by the Kentucky State Police (KSP) rather than transferred to the buyer.
  • Preventing Street Camping
    • Imposes a ban on street camping on public streets, sidewalks, paths, or public areas normally used by pedestrians and/or vehicles, private property, homes, or businesses in any way.
    • Persons engaged in street camping in prohibited areas must vacate immediately if requested to do so by property owners or law enforcement; those refusing to vacate could be physically relocated by law enforcement and charged with a misdemeanor, escalating with each offense.
    • Property owners shall not be held criminally liable for any actions taken to defend themselves from the aggressive actions of a person refusing to vacate an illegal street camp, and any such aggression by the camper can be prosecuted as assault.
    • Authorizes local control by allowing local governments to designate indoor or outdoor areas separate from public areas for camping. They must provide for basic sanitation needs.
  • Death Penalty for Murder of a Law Enforcement Officer
    • Requires a prosecutor to seek the death penalty if there is evidence to show that a law enforcement officer was intentionally killed while in lawful performance of their duties.
  • Reforming the Parole Board
    • Allows a governor to remove a parole board member who is making inappropriate decisions.
    • Requires a unanimous vote of three to six-member panels to approve parole.

"I want to build a safer Kentucky," Bauman said in a news release Tuesday. "A place where we can sleep easily, walk along our streets at night, and not fear for the lives of our loved ones when they are away from home. I want to see a state with the resources to rehabilitate those who violate the law, while having strong policy in place to punish those who choose to break the law," Bauman added, "The first duty of any civilized society is to protect its people from those who prey on fellow citizens."

The Safer Kentucky Act is expected to go before members of the Interim Joint Committee on Judiciary at its Dec. 15 meeting in Frankfort. The next Regular Session of the Kentucky General Assembly begins Jan. 2.

Copyright 2023 WDRB Media. All Rights Reserved.