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Louisville Lawmakers propose Safer Kentucky Act
Louisville, Kentucky (September 26, 2023) – Media reports ranging from armed robbery, murders, carjackings, and fatal overdoses to broken windows and shoplifting are making Kentuckians question their safety. This afternoon, a group of Louisville lawmakers released early details of the Safer Kentucky Act, legislation 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. 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,” said the bill’s primary sponsor, Representative Jared Bauman. “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.”
According to Bauman, the Safer Kentucky Act represents the next step in efforts that began earlier this year. The proposal includes a new “three strikes law” targeting violent offenders, “Madelynn’s Law” regulating bail funding organizations, establishing a statewide wiretapping law, increasing penalties for attempted murder, and the establishment of a Kentucky State Police post in Jefferson County. Lawmakers updated the public and addressed their concerns by sharing the details of the proposal during a press conference this afternoon at the River City Fraternal Order of Police headquarters in Jefferson County.
“I want to build a safer Kentucky. 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.”
Highlights from the proposed Safer Kentucky Act include:
Targeting Violent Persistent Felony Offenders - “Three Strikes Law”
Bauman added, “We cannot just stand by as our state’s most violent offenders circulate between the courts, the correction system, and back on our streets committing crimes. Let’s shut the revolving door! We must reform criminal law to hold violent persistent felony offenders accountable. It’s imperative that we lead the people of the commonwealth safely out of this critical juncture. This provision is in place in almost 30 states, and we know others are actively considering a similar ‘three strikes’ law.”
Enhancing the Penalty for Fentanyl Delivery Causing Overdose Death
“Drug trafficking is destroying our communities with substances like fentanyl being a leading contributor to overdose deaths. Those who deliberately sell fentanyl know how dangerous it is to be exposed to even a small amount of this dangerous drug and they are responsible for causing death by delivery. They are responsible for murder,” Bauman said.
Promoting Contraband in Detention Facility
“Our detention facilities are supposed to provide rehabilitation opportunities for those who have violated the law. The drug smuggling within our corrections system has become such a problem that we now receive grant funding to install Narcan vending machines inside of them,” Bauman said. “We need to focus on prevention and stop the problem at the source. Increasing the penalty for promoting contraband is one of the tools we need to save lives, properly address addiction, and make our jails safer.”
Establishing a Kentucky State Police Post
“Louisville has seen a dramatic increase in crime in recent years. The city has seen record overdose deaths, homicides, rampant gang activity and drug trafficking. Our law enforcement works day and night to address these issues. With record amounts of crime, we need an increased presence of officers on the streets. Manpower and physical presence are the most valuable resources in combating criminal activity,” Bauman said. “Opening a KSP post in Louisville is the next step in aiding crime mitigation closer to the source by providing specialized services that free up LMPD officers to patrol the streets. This action will demonstrate strength against those who wish to deprive residents of their freedom and their safety. It is my hope that with this proposal, residents will feel safe to travel the streets once again and criminals will be the ones that feel like they are not welcome in Kentucky.”
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.
“We have found that in several circumstances, individuals who have been bailed out by these groups have gone on to not only commit further crimes, but also be responsible for the deaths of individuals in communities,” Bauman said. “This section of the proposal would protect innocent lives in communities across the commonwealth, and it is critical in ensuring that these violent offenders do not have the capability of committing more crimes.”
This section of the proposal is named for Madelynn Troutt, a 17-year-old girl killed in a head on collision with a man just hours after he was released from jail on bail posted by a nonprofit bail fund. The man was speeding down the wrong side of the road in a stolen vehicle.
Strengthening Shopkeeper’s Privilege
“One of the most important rights a citizen has is the right to protect what is theirs,” Bauman said. “The state is marred with business related crimes such as shoplifting. This proposal would empower workers and business owners to stop individuals that are looking to hurt their business and those involved.”
Increasing Penalties for Attempted Murder
“Attempted murder is a violent and heinous act. These individuals should not be treated differently just because they failed to accomplish their goal of murder. Kentucky law should reflect that an individual will be punished in a way befitting violent offenders,” Bauman said.
Requiring Parents to Attend Juvenile Court Hearings
“Parents must be held accountable when their child has to appear in court. A minor child cannot be responsible for going to court alone and without support, regardless of their guilt in a crime. Parents and guardians play a major role in not only navigating the legal system, but also helping their child make wise choices that keep them out of the courts,” Representative Kevin Bratcher said. “After all, the health and wellbeing of their child is their responsibility.”
Re-Entry for Those Leaving Incarceration
“This is a simple, commonsense step to ensuring those leaving our correctional facilities have a basic need met. Everyone 16 and older needs a form of government identification, whether it be driver’s license, passport, or standard state identification card,” Bratcher said. “Issuing a form of identification upon their release allows for a smooth reintegration into society.”
Creating a Kentucky Statute for Carjacking
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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.
State Representative Emily Callaway said, “Carjackings have increased 206% in our community over the last couple of years. These are violent, dangerous, and almost always part of a greater criminal activity. The time has come to get tough on how we prosecute the criminals behind them.”
Increasing Penalties for Vandalism of Public or Private Property
"While some think of vandalism as a small, unimportant crime, it is the deliberate destruction of property and damages a community’s sense of safety, security, and pride. Visible signs of vandalism often create a sense of apathy that encourage further crime,” Representative Susan Witten said. “This senseless destruction too often isolates those who live around it, driving them into their homes and making them rethink opening businesses in neighborhoods. This is just one of several reasons we need tougher penalties for criminal mischief while giving the opportunity to have the charges reduced. This proposal would give our law enforcement officers and our court system the means to preserve our communities across the commonwealth."
Mandatory Sentencing for Guns Used in Crimes That Were Possessed in Violation of State Law
“In order to decrease gun crimes in the state, we have to keep guns out of the hands of violent criminals,” House Majority Whip Jason Nemes said. “Under this proposal, individuals using a firearm possessed in violation of state law will not be entitled to probation, parole, or conditional release and discharge. We must punish criminals and send the message to those who would become felons or repeat offenders.”
Involuntary Confinement for the Mentally Ill
“Our commonwealth faces a mental health crisis and we have to do more to keep those in need and the general public safe, particularly when the situation involves those with violent tendencies,” Representative Ken Fleming said. “This provision empowers law enforcement and our mental health providers to work together to ensure public safety. It would allow mental health treatment facilities and law enforcement to coordinate in the treatment and transport of individuals in mental distress. It is going to take many hours and resources to help guide Kentuckians through this crisis and this is one change we can make to put us on the right path towards to accomplishing our goal.”
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.
“Kentucky is one of only a handful of states that prevents law enforcement from using this proven, effective crime fighting tool,” Bratcher said. “With oversight and careful consideration, we can empower law enforcement to use technology when appropriate to prevent crime.”
Auction of Confiscated Guns
“Guns confiscated from homicides are currently sold at Kentucky State Police auctions, to licensed firearms dealers, and these funds raised from private sources are used to purchase critical protective equipment for our police forces,” Representative John Hodgson said. “This provision would allow unlicensed ordinary citizens to bid on confiscated murder weapons with the provision that the guns be destroyed by KSP rather than transferred to the buyer. No public funds are used in this process, and the police will still get the proceeds for protective equipment.”
Preventing Street Camping
“We have all seen the rapid increase in unsheltered homeless individuals on our streets, and the negative impact on our communities and local economies. The statewide street camping ban would protect citizens and property owners from the health risks, dangers, and criminal actions of those who both refuse treatment and refuse to obey the laws of a civilized society,” Hodgson said. “There is nothing compassionate about enabling those with substance abuse or severe mental illness to remain living on the streets untreated, in a downward spiral. This proposal would empower citizens to protect their property, while encouraging the unsheltered homeless to seek appropriate treatment or shelter options rather than remaining on the streets.”
Death Penalty for Murder of a Law Enforcement Officer
“Our law enforcement officers lay their lives on the line every day to protect Kentuckians, and they deserve our respect and protection under law,” Hodgson said. “When a law enforcement officer is murdered in the line of duty, our laws need to direct the courts to apply the maximum penalty to the murderer without exception.”
Reforming the Parole Board
“The nine-member state parole board, appointed by the Governor, is responsible for determining which criminals can be released early from prison, and which should have parole revoked,” Hodgson said. “Some violent felons can be safely rehabilitated; some remain a danger to society and will re-commit violent crimes if released early – and the parole board must decide who is “safe” to release. This provision allows the governor to remove a parole board member who is making inappropriate decisions, and requires a unanimous vote of three to six member panels to approve parole.”
Lawmakers will continue working with stakeholders on provisions of the Safer Kentucky Act. The measure is expected to be presented to members of the Interim Joint Committee on Judiciary at the panel’s December 15 meeting. Lawmakers have less than one hundred days before they will be gaveling in the next Regular Session of the Kentucky General Assembly on January 2, 2024.
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