Lawmakers file 'Safer Kentucky Act,' aimed at tackling violent crime

LOUISVILLE, Ky. (WDRB) -- Kentucky lawmakers have filed a highly-anticipated bill aimed at tackling violent crime in the state.

It's known as the Safer Kentucky Act and addresses crime at various levels.

The sweeping anti-crime legislation, House Bill 5, was introduced in September 2023 by a group of Louisville lawmakers. It's a priority for state Republicans during their 60-day legislative session, which began last week. The measure surfaced during the second week of the session after lawmakers spent months meeting with stakeholders and tinkering with many of the provisions.

It's a more than 20-point plan aimed at curbing what's been a multiyear surge in violent crime.

Tuesday, Republican lawmakers highlighted several points of the bill, including a "three-strikes proposal" that targets violent persistent felony offenders. Under the legislation, if a person is convicted of three violent felonies, they would serve life in prison without the chance of parole.

Louisville's Republican lawmakers said they met with several city leaders and stakeholders when drafting the bill, including Mayor Craig Greenberg and Metro Council members.

"The first duty of any civilized society is to protect its honest citizens from those that prey on its innocent fellow citizens," Rep. Jared Bauman, R-Louisville, said Tuesday. "Crime is something that directly impacts every single Kentuckian and it is with deep sense of purpose and value we put forth the critical reforms in the Safer Kentucky Act."

The bill also addresses homelessness and mental health. An early version of the measure laid out goals that included making it illegal to camp on public streets, sidewalks or other public areas, as well as private property. Anyone doing so would have to leave or be "physically relocated" by police and face misdemeanor charges that escalate with each incident.

Tuesday, lawmakers mentioned that municipalities or cities could create designated areas, like a parking lot, for encampments to operate. In an effort, their hope is to limit panhandling and dangerous conditions for those experiencing homelessness and the public.

"It's not a crime to be homeless, but you can do that in a defined area that the city will designate and that defined area will have to have sanitary facilities," said one Republican lawmaker on Tuesday.

The legislation unveiled Tuesday also seeks to crack down on the prevalence of fentanyl — a powerful synthetic opioid blamed as a key factor for 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.

The measure would also 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. It also would limit bail payments by charitable bail organizations to less than $5,000 and prevent organizations to bail out those accused of domestic violence.

"This bill is about better identifying those who are going to commit violence against us, finding them, and putting them in jail for a long time," said Rep. Jason Nemes, R-Louisville.

The American Civil Liberties Union of Kentucky criticized several elements including the three-strikes measure, with Kungu Njuguna, a policy analyst for the group, saying that “criminalization penalties don’t make us safe.”

Njuguna pointed to already-high incarceration rates in Kentucky and said a better strategy for improving public safety is to invest more in mental health and substance use treatment, affordable housing, transportation and education.

“We need to get at the root causes of what get people into the criminal legal system and prevent them from getting into the system,” Njuguna told reporters.

The three-strikes proposal reflects the overarching goal of combating violent crime, bill supporters said.

Below is an outline of the proposed legislation:

Targeting violent persistent felony offenders -- "Three Strikes Law"
- Requires life without probation or parole for those convicted of their third violent felony
Removing early release for criminals using guns in crime
- 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.
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
Enhancing the penalty for fentanyl delivery causing overdose death
- Death by delivery constitute murder for an individual who 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
- Adds trafficking of fentanyl to a Class B felony, if the death of the victim occurs
- Adds manslaughter to the violent offense statute
Creating a Kentucky Statute for carjacking
- Establishes the crime of carjacking in the Commonwealth
- Makes carjacking a Class B felony
Increasing penalties for vandalism
- 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
Increasing the penalty for smuggling contraband into detention facility
- Increases the felony class for smuggling 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.
Modifying rules on auction of confiscated murder weapons
- Allows ordinary citizens (without Federal Firearms License) to bid at Kentucky State Police (KSP) auctions with provision that any murder weapon they purchase will be destroyed by KSP
- Prevents the use of any taxpayer funds in bidding on confiscated murder weapons.
Combatting street camping to improve rights of property owners
- Imposes a band on street camping on pubic streets, sidewalks, paths, or public areas normally used by pedestrians and/or vehicles, private property, homes, or businesses in any way
- Provides that 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.
Improving protocol for involuntary confinement of the mentally ill
- Eases requirements to enable mentally ill accused criminals to receive treatment
- Removes the requirement of a demonstrated history of criminal behavior to qualify for involuntary confinement.
Supports successful re-entry for those leaving incarceration
- Requires the Transportation Cabinet to issue a personal identification card or operator's license for an eligible felony offender released after serving his or her sentence
  - Currently, the Transportation Cabinet only does this for those released from state facilities
Madelynn's Law regulating bail funding organizations
- Prevents charitable organizations from furnishing bail of $5,000 or more
- Makes it unlawful to furnish bail regardless of the amount for a violent offense 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 legislature and make it publicly available on the organization's website
Creating Kentucky Statute for the murder of a first responder
- Allows a prosecutor to seek the death penalty or life in prison if there is evidence to show that a first responder was intentionally killed while in lawful performance of their duties
- Requires offender to pay compensation to family of the victim.
Reforming the parole board
- Requires a unanimous vote of three to six-member panels to approve parole
- Allows for a two-thirds vote of the membership of the full board to approve parole
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 for theft, 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% of their sentence before they are eligible for early release
- Adds attempted murder to the violent offense statute
Protecting places of business from threats of mass violence
- Broadening the terroristic threatening statute to include the workplace
Addressing threats or plans of violence intended to target schools
- Requires a school employee who knows or has reasonable cause to believe that a person has made threats or plans of violence which are intended to target a school or students or who knows that a firearm is present on school property, shall immediately report the matter to law enforcement
Hardening sentences for adults using juveniles as criminal accomplices
- Provides that any person over the age of 18 years of age who engages in a criminal conspiracy with a minor shall be charged one level higher than the level provided for the offense
Cracking down on drive by shooters
- Increases the penalty for wanton endangerment in the first degree to a Class C felony, if the person discharges a firearm in the commission of the offense
- Adds this provision to the violent offense statute
Updating witness intimidation statute
- Adding harassing communication to the witness intimidation statute.
  - Harassing communications such as telephone, mail, or any form of electronic or written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication.
Reducing recidivism
- Requiring those granted parole to participate in group violence intervention

Increasing penalties for people who repeatedly violate orders of protection to a Class D felony

Requires regular evaluations of state programs designed to support re-entry and reduce recidivism

Jake's Law cracking down on a person fleeing the police
- Increases the penalty for fleeing or evading the police to a Class C felony
- Prevents the defendant from being released on probation, shock probation, conditional discharge, or parole until he or she has served at a minimum of 50% of their sentence

To read the version of the bill introduced Tuesday, click here.

One critic of the bill, is Metro Councilmember and VOCAL-KY Executive Director, Shameka Parrish-Wright.

"This is not the safer Kentucky I imagine, this is not the safer Kentucky that I relocated my family to, and this is not the state of Kentucky that I want my grandkids to feel like they're welcome to thrive and survive in," Parrish-Wright said. "This legislation is big, it's massive, it's scary.”

Parrish-Wright added the law would do more harm than good, and contribute to mass incarceration.

"We want a system that provides and meet people where the are, we want better polices to help improve the lives of Kentuckians," she said.

Parrish-Wright said it is a priority to not allow any part of the Safer Kentucky Act pass.

Instead, she said lawmakers should turn to organizations already doing work to improve public safety, and provide them further resources.

"We have resources in place that need to be funded," Parrish-Wright said.

This story will be updated.

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