LOUISVILLE, Ky. (WDRB) – The Kentucky Senate approved a sweeping crime bill on Friday that creates new penalties for certain offenses, including for homeless people who sleep in public places.
House Bill 5 passed the GOP-dominated chamber on a 27-9 vote. It now returns to the House for action on the changes made in the Senate.
The 78-page legislation seeks to overhaul key parts of the state’s criminal code. Among other things, it creates a “three strikes” law for violent felony offenders, sets spending limits for charitable bail organizations and adds more crimes, such as carjacking, to Kentucky’s list of violent offenses.
Perhaps the most controversial change deals with the state’s homeless population. The bill makes street camping illegal and threatens homeless people with jail time if they continue to sleep in places like sidewalks and under overpasses.
The bill is backed by law enforcement groups that include the Kentucky State Fraternal Order of Police and the Kentucky Commonwealth’s Attorneys’ Association. But it has generated stiff opposition from advocates for the homeless and others that argue the legislation is too broad, will cost Kentucky taxpayers $1 billion over the next decade and isn’t supported by accurate data.
Sen. John Schickel (R-Union), who carried the bill in the Senate, said during a floor speech Friday afternoon that data can be interpreted “any way you want to” and instead argued that the measure is about being “value driven.”
“What is our value when we're making this decision?” Schickel said. “Our value in this law is No. 1, justice, and No. 2, public safety.”
Sen. Mike Nemes (R-Shepherdsville) dismissed concerns about the accuracy of crime data, saying statistics show that certain crimes have increased while others have decreased. "I don't care about the data," he said. "I don't."
"Crime is too high in Kentucky. It needs to be addressed," he said. "Citizens are afraid. They want something done."
The most recent comprehensive report of crime in Kentucky found that serious crime fell by 9.21% in 2022 and homicides dropped by 33%. However, WDRB News reporting has cast doubt on the accuracy of data from the Louisville Metro Police Department and, by extension, the overall state data. An update to the report is expected later this year.
Two Republican senators -- Whitney Westerfield, chair of the Senate Judiciary Committee, and Adrienne Southworth – joined Democrats in voting against the bill.
Westerfield called HB 5 “a serious mistake” and levelled multiple criticisms of the legislation in a passionate floor speech, including that it is overly broad and not targeted to address the problems it aims to fix.
He said some opponents have remained silent because they don’t want to anger legislators during budget negotiations.
“There are people not speaking up on this bill,” Westerfield said. “I am not naming them because there are people who are spiteful and hold grudges,” he said, alluding to some members of the General Assembly.
He also argued that lawmakers should not change the state’s criminal code because of decisions by elected prosecutors or judges. The solution, he said, is to vote them out of office.
The bill was introduced by Republican legislators from Louisville. Its chief sponsor, Rep. Jared Bauman (R-Louisville) said in a statement that he was pleased with the Senate's "overwhelming support."
"I look forward to receiving the bill back in the House for concurrence and sending it to the Governor’s desk," he said.
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