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Local News

2023 Session Results: Justice and Public Safety Legislation

 

By Representative Amy Wilson Neighbors

 

Keeping Kentuckians safe is one of the most important responsibilities of government. During the 2023 Regular Session, my colleagues and I made public safety a top priority. We approved several measures aimed at protecting our most vulnerable.

 

One of our top priorities this session was HB 3, which seeks to assess and potentially renovate Louisville Metro Government’s youth detention facility; outlines responsibilities for parental cooperation and penalties for failure to cooperate; requires that certain youths shall be automatically detained, define when juvenile court records should remain unsealed; and requires the Justice and Public Safety Cabinet (JPSC) to provide cognitive behavioral therapy, other evidence-based behavioral health programs, substance use disorder treatment, or treatment in a psychiatric facility for serious mental illness.

 

In addition to our work on the juvenile justice system, here are a few other justice and public safety measures we approved:

 

HB 78 - Clarifies the relationships prohibited by state incest laws by specifically listing them and closes a loophole to include a relationship between nieces, nephews, and uncles.

 

HB 83 – Requires judgment lien notices to contain the date of final judgment and establish expiration dates for judgment liens. The measure also provides that the expiration of a judgment lien may be postponed under qualifying circumstances.

 

HB 249 – Adds to the list of aggravating circumstances the intentional killing of a child under 12 and provides that individuals convicted of a capital offense with an aggravating circumstance could face the death penalty or life in prison without the possibility of parole.

 

HB 262 – Toughens penalties in fatalities caused by driving under the influence by establishing the offense of vehicular homicide and provides that an individual arrested for a violation shall be detained in custody for at least 6 hours.

 

HB 338 – Allows those 70 and older to opt out of jury service instead of waiting for a judge’s approval.

 

HB 353 – Decriminalizes fentanyl testing strips by excluding testing equipment used to determine the presence of a synthetic opioid or its analogues in controlled substances.

 

HB 369 – Clarifies that the expungement of a series of felonies from a criminal record is consistent with that of someone with multiple felonies.

 

HB 535 – Clarifies the Criminal Justice Statistical Analysis Center’s mission and relationship with other agencies to make the collection of data more efficient.

 

HB 568 – Merges the Louisville-Jefferson County Public Defender Corporation with the state’s Department of Public Advocacy.

 

SB 9 – Establishes the crime of hazing in the first degree as a Class D Felony and establishes a Class A misdemeanor for hazing in the second degree.

 

SB 40 – Requires the state medical examiner to test for genetic heart abnormality known as cardiac arrhythmogenic syndromes when the cause of death is found “undetermined.”

 

SB 80 – Prohibits a sex offender from loitering within 1,000 feet of schools, playgrounds, daycares, public pools, and splash pads. SB 80 also establishes the crime of assault in the third-degree offense for those who assault emergency room healthcare workers.

 

SB 120 – Requires planned communities to register with the county clerk and provides guidelines to ensure financial transparency.

 

SB 123 – Allows notaries to perform notarial acts in another state if that act is performed in a civil action or legal proceeding originating in Kentucky. 

 

SB 126 – Establishes a process of obtaining a change of venue in civil actions against the state.

 

SB 199 – Criminalizes the use of tracking devices on motor vehicles without the consent of the owner. The legislation also clarifies language within DUI statute, and adds protections to hospitals who draw blood for DUI investigations if a person does not consent. 

 

SB 203 – Places additional safeguards on private medical records in court cases.

 

As always, I can be reached here at home anytime, or through the toll-free message line in Frankfort at 1-800-372-7181. Feel free to contact me via email at Amy.Neighbors@lrc.ky.gov. If you would like more information, please visit the LRC website www.legislature.ky.gov.

 

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