Safer Kentucky Act seeks to tackle crime at multiple levels, modernize statutes

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Ensuring the people of Kentucky are safe and able to go about their lives without fear of becoming the victims of crime is a fundamental role of government. This week, members of the House filed HB 5, legislation aimed at preventing crime through common sense changes.

Under the Safer Kentucky Act, the House Majority demonstrates support for our law enforcement and cracks down on criminals, as they are terrorizing our families, neighborhoods, in both rural and urban communities across the commonwealth. Soft on crime policies are destroying states and cities across the country while undermining faith in our legal system and law enforcement. This cannot happen any longer in Kentucky.

Highlights from the Safer Kentucky Act include:

-Requiring life without probation or parole for those convicted of their third violent felony.

-Making death by delivery to 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. The measure makes trafficking of fentanyl to a Class B felony, if the death of the victim occurs.

-Increasing the felony class for smuggling contraband substances within a jail, prison, or other type of detention center to a Class B felony. This includes substances such as fentanyl, carfentanil, and fentanyl derivatives.

-Preventing organizations from furnishing bail of $5,000 or more, for violent offenses, or for those held under a civil court order or warrant pursuant to Casey’s Law.

-Increasing the penalty for fleeing or evading the police to a Class C Felony. The measure prevents the defendant from being released on probation, shock probation, conditional discharge, or parole until he or she has served a minimum of 50% of their sentence.

-Protecting employees and business owners who use a reasonable amount of force necessary for self-preservation, to prohibit the escape of a person detained for theft, or to prevent the loss of goods for sale. The measure provides civil and criminal immunity for the worker and business owner.

-Increasing 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. The measure adds attempted murder to the violent offense statute.

-Requiring Parents to Attend Juvenile Court Hearings.

-Requiring 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.

-Creating a carjacking statute and making carjacking a Class B felony.

-Preventing 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.

-Allowing 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. The measure requires the offender to pay compensation to family of the victim.

-Requiring a school employee who knows or has reasonable cause to believe that a person has made threats or plans of violence intended to target a school or students or who knows that a firearm is present on school property, to immediately report the matter to law enforcement.

-Improving protections for victims of domestic and dating violence by increasing penalties for people who repeatedly violate orders of protection to a Class D felony.

These are a handful of provisions included in the bill and I will continue to share more information as it progresses through the legislative process. If you would like more information about the Safer Kentucky Act, visit the Legislative Research Commission website at legislature.ky.gov.

As always, I can be reached anytime through the toll-free message line in Frankfort at 1(800)372-7181. You can also contact me via e-mail at [email protected] and keep track through the Kentucky legislature’s website at legislature.ky.gov.

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