In response to a reported surge in criminal activities across Kentucky, a group of Republican lawmakers from Louisville unveiled the Safer Kentucky Act, a legislative proposal aimed at modernizing criminal statutes in the state.
The bill’s primary sponsor, Republican state Rep. Jared Bauman, expressed the urgent need for action, highlighting the increasing concerns about safety in Kentucky.
“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,” Mr. Bauman said in an announcement this week. “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. My constituents are fed up.”
Mr. Bauman added that his constituents don’t feel safe in their own neighborhoods or even their homes.
“If we do not do something now, things will only get worse,” he said. “And, while we talk about crime here in Louisville, it is an issue that unites Kentuckians across the state. Kentuckians deserve better.”
Three Strikes Law
Among the notable components of the Safer Kentucky Act is the introduction of a “Three Strikes Law.”
This provision would target violent persistent felony offenders, mandating life imprisonment without probation or parole for individuals convicted of a violent felony with two prior violent felony convictions.
“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,” Mr. Bauman said in his statement. “Let’s shut the revolving door! We must reform criminal law to hold violent persistent felony offenders accountable.”
He added the provision is in place in almost 30 states, and states other than Kentucky are also actively considering a similar law.
To address the opioid crisis and the devastation caused by fentanyl-related deaths, the act proposes enhanced penalties for fentanyl delivery cases leading to overdose deaths.
Under this provision, individuals knowingly selling fentanyl that results in a fatal overdose could face the death penalty or life imprisonment without the possibility of parole.
“Death by delivery constitutes murder,” a press release from the Kentucky House Majority Caucus said.
The provision also allows the death penalty or life without parole for an individual that 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.
“Drug trafficking is destroying our communities with substances like fentanyl being a leading contributor to overdose deaths,” Mr. Bauman said. “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.”
Focus on Louisville and Other Provisions
Recognizing the need for enhanced law enforcement presence, the act mandates the establishment of a Kentucky State Police (KSP) post in Jefferson County, which includes Louisville, where crime rates have surged in recent years.The act also addresses concerns related to bail funding organizations through “Madelynn’s Law,” which prevents charitable organizations from furnishing bail of $5,000 or more and requires photo identification for bail posters.
This provision is named after Madelynn Troutt, a young victim of an accident involving a man released on bail.
Other notable components of the Safer Kentucky Act include empowering employees and business owners to protect themselves and prevent theft through “shopkeeper’s privilege,” allowing reasonable use of force to protect property and providing civil immunity for owners and employees.
Additional provisions include increasing penalties for attempted murder, holding parents accountable by requiring their attendance at juvenile court hearings, facilitating the reentry of former inmates into society, and classifying carjacking as a felony with varying degrees of punishment based on the outcome.
Furthermore, the act addresses issues such as vandalism, mandatory sentencing for guns used in crimes, involuntary confinement for the mentally ill, allowing law enforcement to use wiretapping, auctioning confiscated guns, banning street camping, seeking the death penalty for the murder of law enforcement officers, and reforming the parole board to ensure responsible decision-making.
Lawmakers have fewer than 100 days before they will convene for the next Regular Session of the Kentucky General Assembly on Jan. 2, 2024, and they are expected to continue working with stakeholders to refine the Safer Kentucky Act.
They intend to present the measure to an Interim Joint Committee on Judiciary in December.
Addressing Inaccurate Crime Reporting
In a separate statement issued on Oct. 4, the same lawmakers expressed concerns about the accuracy of annual crime data reported since they released their proposal to tackle crime last week.“Recent news reports of discrepancies in crime data calls into question the entire annual report and how such inaccuracies cleared the process,” the caucus said in a statement. “Was this an intentional underreporting and is the administration trying to hide the truth? The numbers that the Louisville Metro Police Department submitted are not even close to what was reported in the 2022 Crime in Kentucky report released in July.”
Accurate data, they argued, is essential for developing effective legislation to combat the ongoing crime epidemic.
Kentucky House Majority Whip Jason Nemes stated, “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.”
Criticisms
Some criticism of the plan has come from even within the Republican Party in Kentucky. Republican state Rep. Savannah Maddox, noting she had not seen a draft of the bill, was concerned even with the outline, specifically wiretapping proposals.“Folks, I am blown away that wiretapping is being contemplated in a Republican supermajority. Some of the items on this list make sense, others are absolutely bananas,” she wrote on X. “I cannot provide a complete analysis until I have a bill draft in hand, but I can tell you right now that I will never support legislation that allows for WIRETAPPING at the state level.”
She added that in her belief, there is a risk of abuse and potential for violation of the right to privacy and even constitutional protections, “no matter how narrowly tailored.”
The proposal notes Kentucky is one of a handful of states that prevents law enforcement from using the practice.
It calls for allowing local and state law enforcement to partner with the federal government to obtain wiretaps to investigate heinous crimes and gangs.
The proposal also would “allow 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” if it could potentially provide evidence of a range of crimes such as murder, kidnapping, human trafficking, and child sexual exploitation.
The American Civil Liberties Union of Kentucky posted on X that the proposal is akin to “ineffective” tough-on-crime approaches tried in the 1980s.
“Crime is a systemic problem solved by access to basic needs—not punitive measures that perpetuate Kentucky’s mass incarceration crisis,” the organization added.
