HB 188/LM/CI (BR 944) - J. Richards, J. Bell, S. Lee, C. Miller, H. Moberly Jr., B. Montell, R. Palumbo, A. Wuchner
AN ACT relating to criminal gangs.
Create a new section of KRS Chapter 16 to permit the Department of Kentucky State Police to operate a criminal gang database and share the information in the database with other specified agencies; create a new section of KRS Chapter 65 to permit local police departments, sheriff's offices, jails, and other named state agencies to operate criminal gang databases and share the information with specified agencies; create a new section of KRS Chapter 431 to permit victims of criminal gang activity to sue convicted defendants and recover treble damages and punitive damages; create a new section of KRS Chapter 431 to permit victims of criminal gang activity to sue to enjoin future criminal gang activity against them; create a new section of KRS Chapter 506 to provide definitions for criminal gang statutes; create a new section of KRS Chapter 506 to provide for enhancement of misdemeanor and felony offenses by one degree and specify mandated minimum term of incarceration when the offense is committed in furtherance of criminal gang activity; create a new section of KRS Chapter 506 to create the offense of criminal gang recruitment in the first degree; create a new section of KRS Chapter 506 to create the offense of criminal gang recruitment in the second degree; create a new section of KRS Chapter 506 to provide for forfeiture of proceeds and other items involved in criminal gang activity; amend KRS 506.150 relating to defenses to criminal gang recruitment charges to conform; amend KRS 431.4505 relating to uniform citations to suspected criminal gang members; repeal KRS 506.140 relating to criminal gang recruitment and definitions.
HB 188 - AMENDMENTS
HCS/LM/CI - Divide previous section 1 and section 2 into 3 sections as follows; section 1 creates a new section of KRS Chapter 17 to list agencies which may maintain a criminal gang database; create a new section of KRS Chapter 17 to prescribe data that may be in a criminal gang database, specify that information shall be maintained in accordance with federal regulations, and broaden sharing information with defense attorneys from evidence limited to a specific defendant to evidence related to a specific case and such other information as a court may order; create a new section of KRS Chapter 17 to specify which officers and agencies an agency holding a criminal gang database may be shared; delete former section 6 which enhanced the penalties for any crime committed by a criminal gang member; change criminal gang recruitment in the first degree to lower penalty to Class D felony, eliminate enhancement, and eliminate "encourage" in the elements of the offense; change criminal gang recruitment in the second degree to lower penalties and eliminate "encourage" in the elements of the crime; delete amendment of KRS 431.4505 relating to adding criminal gang information on uniform citations; delete uncodified section relating to uniform citations.
Feb 3-introduced in House
Feb 4-to Judiciary (H)
Feb 25-posting waived retroactively; reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 26-2nd reading, to Rules
Feb 27-posted for passage in the Regular Orders of the Day for Monday, March 2, 2009
Mar 2-3rd reading, passed 97-0 with Committee Substitute
Mar 3-received in Senate
Mar 5-to Judiciary (S)