Safer Kentucky Act passes House with 3 strikes rule, charitable bail up for debate in Senate

LOUISVILLE, Ky. (WDRB) -- The Kentucky House passed sweeping criminal justice legislation on Thursday known as the Safer Kentucky Act. The bill now heads to the Senate.

The Safer Kentucky Act, or House Bill 5, includes a "three-strikes" penalty for those convicted of their third violent felony, increases the penalties for attempted murder, creates a ban on street camping, and more. In total, the bill includes more than 20 points.

"I feel great that we were able to pass House Bill 5, The Safer Kentucky Act, in a bipartisan manner and send it over to the Senate chamber last night," bill sponsor, Rep. Jared Bauman told WDRB News on Friday. "I feel great about working with senators and our colleagues over there to pass it through the Senate as well and send it on to the governor this session."

The legislation would bring a multitude of changes to the Bluegrass State's criminal code. Another key section aims to crack down on the prevalence of fentanyl with harsher penalties when its distribution results in fatal overdoses. Fentanyl is a powerful synthetic opioid seen as a key factor in the state's death toll from drug overdoses.

Other parts of the bill would create a standalone carjacking law with enhanced penalties, require violent offenders to serve most of their sentences before becoming eligible for release, and give local governments power to designate temporary camping locations for the homeless.

The measure cleared the House on a 74-22 vote and advances to the GOP-led Senate.

During the nearly three-hour House debate, supporters portrayed the measure as an overdue policy shift that does more to hold criminals accountable and to make communities safer.

"I want people to know that their legislature here in Frankfort is serious about supporting them when it comes to public safety, security, and protection," said Bauman. "And we are serious about ensuring that we limit the number of future victims by holding violent criminals accountable in our state."

Opponents said the bill would put more people behind bars in a state that already has high incarceration rates without fully knowing the additional costs from even higher inmate populations.

The Kentucky Center for Economic Policy released a statement saying House Bill 5 would "grow poverty and hardship" and "takes the wrong approach."

"All Kentuckians deserve to feel safe in our communities, but the policies in House Bill 5, they won't make us safer," Ashley Spalding, research director for the Kentucky Center of Economic Policy said Friday.

There is a section of the bill that focuses on issuing personal ID cards for eligible felony offenders after serving a sentence and being released. Spalding said that is one positive aspect of the bill but argues that it could also be accomplished through a stand-alone bill.

"Our position at KY Policy is that this bill, on the whole, all the different areas of this bill are harmful. And it's just the wrong approach if you actually want to create public safety," Spalding said.

The Bail Project also released a statement opposing the bill, saying in part that the bill is "misguided" and "... is like placing restrictions on a food pantry while claiming to solve hunger."

Part of the Safer Kentucky Act known as Madelynn's Law would, among other things, prevent charitable organizations from furnishing bail of $5,000 or more. It's named after Madelynn Troutt, a Louisville teenager who lost her life in a deadly crash on Dixie Highway nearly three years ago. The man charged had recently been bailed out by a charitable bail organization.

Marcie Troutt, Madelynn's mother, said Friday she's hopeful that the Safer Kentucky Act will make a difference and save several other tragedies from happening.

"It makes me feel very proud. I think she's proud looking down, saying, 'I want to make a difference in the world,'" said Troutt.

In Oct. 2022, a judge dismissed a lawsuit against The Bail Project filed by Madelynn Troutt's parents.

In the ruling, Jefferson Circuit Judge Ann Bailey Smith said, "The Bail Project defendants had no control whatsoever over DeWitt's conduct after they posted his bond. ... and could not have legally prevented him from driving the day he collided with the plaintiffs' daughter."

A spokesperson for The Bail Project released a statement at the time, saying:

"We are heartened that the judge has dismissed the case. Madelynn Troutt's death was an unimaginable tragedy. But this lawsuit was misguided. The fact is that bail is set for one reason: to ensure a person returns to court for future hearings. The Bail Project is a nonprofit that has helped thousands of Louisvillians who are too poor to afford bail. Our efforts allow people to continue to work and care for their families while awaiting trial and keep the jail from becoming overcrowded with people who have not yet been convicted."

Other aspects of the bill aim to crack down on drive-by shootings and would offer both workers and business owners criminal immunity in cases where they use a "reasonable amount of force" to prevent theft or protect themselves and their stores.

The Safer Kentucky Act would prevent early release in situations when offenders either possessed a firearm as a convicted felon, knew the firearm was stolen or possessed the weapon while on probation or parole. It also would increase sentences for adults who use juveniles as criminal accomplices.

"There are parts to it that can really, really help our community," said Troutt.

Bauman said the financial piece of these measures is still being studied.

"It's estimated it could be over $1 million, but that pales in comparison to what crime is costing our state. It's costing our state billions of dollars every year," he said.

He said conversations with stakeholders will continue.

"I expect that they [conversations] will actually become more frequent as the window closes to make those changes. We will continue working with stakeholders across the board on all sides of the crime issue just as we have throughout this entire process, again, to just make sure, absolute certain, that we put forward the strongest and most effective policy possible for our state," said Bauman.

The Safer Kentucky Act will head to the Senate.

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