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HB1

10RS

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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.


HB 1/LM/CI (BR 251) - G. Stumbo, R. Palumbo, R. Weston, R. Adams, R. Adkins, M. Cherry, L. Clark, H. Collins, W. Coursey, J. Crenshaw, R. Crimm, R. Damron, M. Denham, M. Dossett, T. Edmonds, T. Firkins, K. Flood, J. Greer, K. Hall, R. Henderson, C. Hoffman, J. Hoover, D. Horlander, D. Keene, M. King, Ji. Lee, T. McKee, C. Miller, S. Overly, D. Owens, D. Pasley, J. Richards, S. Riggs, T. Riner, S. Santoro, K. Sinnette, A. Smith, J. Stacy, F. Steele, K. Stevens, W. Stone, T. Thompson, D. Watkins, S. Westrom, B. Yonts

     AN ACT relating to the use of global positioning monitoring systems including monitoring-related restrictions and sanctions in domestic violence cases.
     Amend KRS 403.720 relating to domestic violence definitions to define "global positioning monitoring system"; amend KRS 403.740 relating to emergency protective orders to permit a court to restrain a respondent from going to or near specified locations; amend KRS 403.750 relating to domestic violence orders to permit a court to restrain a respondent from going to or near specified locations; create a new section of KRS Chapter 403 to permit the petitioner in a domestic violence order case to inform the court of places the petitioner does not want the respondent to go into or near; create a new section of KRS Chapter 403 to require the court to assess the respondent's dangerousness; create a new section of KRS Chapter 403 to a permit court, as part of a domestic violence order, to order a respondent to wear or carry global monitoring system device and permit a petitioner to carry a device notifying the petitioner that the respondent is nearby; require the court to notify the petitioner of the operation and limitations of global positioning monitoring system devices, and provide a penalty for removing or tampering with the device; create a new section of KRS Chapter 403 to require the Department of Corrections to contract with entities providing global positioning system monitoring services to provide services meeting the requirements of the statutes; name act the Amanda Ross Domestic Violence Prevention Act.

HB 1 - AMENDMENTS


     HCS/LM/CI - Retain original provisions, except change references relating to a child of the petitioner to be a minor; delete provision requiring Department of Corrections to operate the monitoring program; create a new section of KRS Chapter 67 to permit a county or group of contiguous counties to operate a global positioning monitoring system; set requirements for counties operating a monitoring system, permit a county to charge an administrative fee in addition to the monitoring fee; create a new section of KRS Chapter 67 to set forth monitoring system and contract requirements; permits counties to operate monitoring programs for pretrial release, pretrial diversion, and probation programs; amend KRS 431.517 relating to pretrial release of a person on home incarceration to permit a court to include GPS monitoring; amend KRS 431.518 relating to pretrial release of persons with substance abuse problems to permit the court to include GPS monitoring; amend KRS 431.520 relating to pretrial release to permit the court to include GPS monitoring; amend KRS 533.250 relating to felony pretrial diversion programs to permit the court to include GPS monitoring; amend KRS 533.030 relating to probation to permit a court ordering probation or shock probation to order GPS monitoring.

     HCA (1/Title, G. Stumbo) - Make title amendment.

     HFA (1, T. Kerr) - Amend Section 5(4) of the bill when a petitioner makes a request to require the respondent to participate in a global positioning monitoring system and conduct investigations about the respondent's past history of violence; require the court to weigh the likelihood that if the respondent is not ordered to participate in monitoring that respondent will likely seek to kill, physically injure, stalk, or otherwise threaten the petitioner or a minor child of the petitioner; enter an order with findings of fact and reasons why the petitioner's request is being granted or denied, and make technical corrections.

     HFA (2, G. Stumbo) - Replace requirements for the global positioning technology used by a county or group of contiguous counties that operates a global positioning monitoring system.

     HFA (3, G. Stumbo) - Declare an EMERGENCY.

     HFA (4/Title, G. Stumbo) - Make title amendment.

     SCS (1/LM/CI) - Retain original provisions except in amendment of KRS 403.720 change definition of “family member” to delete persons related by consanguinity or affinity within the second degree; include grandparents and any other person living in the same household as a child if the child is the alleged victim; expand definition of “global positioning monitoring system” to include radio frequency technology; in amendment of KRS 403.740 relating to emergency protective orders to restrict locations respondent must stay away from to a residence, school, or place of employment and expand class of protected persons to include a family member and member of an unmarried couple; expand period that an emergency protective order may be renewed without a hearing; insert a new Section 3 to create a new section of KRS 403.715 to 403.785 to require the court prior to a domestic violence order hearing to obtain the respondent’s criminal and domestic violence history; require the petitioner to fill out a domestic violence dangerousness assessment form specified by the Supreme Court of Kentucky, consider the information obtained, and provide copies of the information obtained to the parties; insert a new section 4 to require the court to have the county attorney or a representative of the county attorney’s office to be present at a DVO hearing to provide the petitioner information about utilizing criminal prosecution; in amendment of KRS 403.750 relating to DVO’s, restrict locations respondent must stay away from to a residence, school, or place of employment and expand class of protected persons to include a family member and member of an unmarried couple; provide that a court cannot order the use of a global positioning monitoring system device unless the respondent has committed a substantial violation of the DVO; insert a new Section 6 to create a new section of KRS 403.715 to 403.785 to require court to inform parties at a DVO hearing of penalties for perjury; permit respondent to provide objections to proposed DVO restrictions; insert a new Section 7 defining what acts constitute a substantial violation of a DVO; require court to update the criminal and domestic violence record checks and make notifications to the petitioner previously required in Sections 4 and 5 of the GA version of the bill; delete requirement for law enforcement dangerousness evaluations, limit the exceptions for the penalty for removal of a monitoring device to permitting the monitoring entity to remove the device, permit a county or other organization to pay all or part of an indigent respondent’s monitoring fee; insert a new Section 8 to create a new section of KRS 403.715 to 403.785 to permit the respondent to petition the court for shortening or ending the use of the GPS device after 3 months and if the petition is denied then once every 6 months thereafter; insert a new Section 9 to create a new section of KRS Chapter 67 relating to county operation of GPS monitoring systems containing the provisions in the former Section 6 except eliminate the requirement that counties be contiguous; remove the “near real time” requirement; clarify that a county does not have to engage in GPS monitoring but if it does so that the requirements of the section be met; add provision that a county or counties may pay all or part of an indigent person’s monitoring fee if the person otherwise would have been lodged in jail and the cost of monitoring would be less than the cost of jailing the person; insert a new Section 10 creating a new section of KRS Chapter 67 containing GPS contract and other provisions similar to the prior Section 7; add provision making GPS monitoring information confidential and permit its release by court order or search warrant; specify that improperly disclosed information is inadmissible in court; specify that illegally divulging GPS information is a Class A misdemeanor; permit county to pay for all or part of a defendant’s monitoring fee; in amendment of KRS 431.517 relating to home incarceration remove GPS warning devices for victims and witnesses, add requirement that GPS violation information also be provided to Commonwealth’s attorney or county attorney, as appropriate, permit county or other organization to pay all or part of monitoring fees for indigent defendant; in amendment of KRS 431.518 relating to pretrial release of person charged with felony drug offense, remove GPS warning devices for victims and witnesses; permit county or other organization to pay all or part of monitoring fees for indigent defendant; in amendment of KRS 431.520 relating to pretrial release remove GPS warning devices for victims and witnesses, permit county or other organization to pay all or part of monitoring fees for indigent defendant; in amendment of KRS 533.250 relating to pretrial diversion remove GPS warning devices for victims and witnesses; remove consent of Commonwealth’s attorney retain request of Commonwealth’s attorney, permit county or other organization to pay all or part of monitoring fees for indigent defendant; in amendment of KRS 533.030 relating to probation and conditional discharge to remove GPS warning devices for victims and witnesses; permit county or other organization to pay all or part of monitoring fees for indigent defendant; insert a new Section 16 to amend KRS 15.334 relating to police in-service training to require domestic violence and abuse training once every 2 years; insert new Section 17 to amend KRS 431.005 relating to domestic violence arrests to specify that definitions of family member and member of unmarried couple are the same as in Section 1 of bill; insert a new Section 18 to create a new section of KRS Chapter 511 to create the crime of domestic violence shelter trespass as a Class A misdemeanor; delete emergency clause.

     SCS (2/LM/CI) - Retain original provisions of SCS1, except in Section 4 relating to involvement of the county attorney in domestic violence proceedings to make court notification of the petitioner and the county attorney permissive, require court to explain to petitioner that contacting the county attorney is voluntary; require county attorney to explain various criminal options to the petitioner if the petitioner requests meeting with the county attorney; add new Section 19 to amend KRS 403.735 relating to emergency protective order hearings to require the court to notify the petitioner about criminal options available through the county attorney if the petitioner is not eligible for an emergency protective order or domestic violence order; make technical corrections.

     SCA (1/Title, T. Jensen) - Make title amendment.

     SFA (1, T. Jensen) - Make technical correction.

     CCR - Cannot agree.

     FCCR - Retain original provisions except delete all references to dangerousness assessment; add a new subsection in Section 2 to permit a court to order respondent to keep a specified distance not to exceed 500 feet from petitioner or a minor child of a petitioner; permit emergency protective orders to be continued for 6-month periods rather than 90-day periods; permit dismissal without prejudice; amend Section 3 to permit the petitioner, respondent, or the court to request, prior to a domestic violence order hearing, criminal background checks to be Kentucky rather than national checks; require sharing of criminal history and other documents with respondent and petitioner in accordance with CR 26 of the Rules of Civil Procedure; amend Section 4 to require national record check to be Kentucky criminal record check and delete all references to "or representative of the county attorney"; amend Section 5 to permit a court to order respondent to keep a specified distance not to exceed 500 feet from petitioner or minor child of petitioner; delete perjury warning in Section 6 and include "attempt to harm" petitioner in court order; amend Section 7 to add "wanton endangerment" as a "substantial violation" and change the national criminal history check to a Kentucky criminal history check; amend Section 7 to clarify that a court is not limited in the other sanctions that a court can use for violation of a domestic violence order; amend Section 8 to permit an individual "person" to pay a respondent's GPS monitoring fee; add a subsection to Section 9 specifying that a person ordered by a judge to wear a GPS device in a criminal case is subject to the judge's orders in that case and that Sections 1 to 8 do not apply; amend Section 11 to permit an individual person to pay a defendant's GPS monitoring in a pretrial release case; amend Section 14 to permit an individual person to pay a defendant's GPS monitoring in a pretrial diversion case; make title amendment.

     (Prefiled by the sponsor(s).)

     Nov 4-To: Interim Joint Committee on Judiciary
     Jan 5-introduced in House; to Judiciary (H)
     Jan 6-taken from committee; 1st reading; recommitted to Judiciary (H); posting waived
     Jan 7-reported favorably, 2nd reading, to Rules with Committee Substitute, committee amendment (1-title) ; floor amendment (1) filed to Committee Substitute
     Jan 8-posted for passage in the Regular Orders of the Day for Tuesday, January 12, 2010
     Jan 11-floor amendments (2) and (3) filed to Committee Substitute, floor amendment (4-title) filed
     Jan 12-3rd reading, passed 97-0 with Committee Substitute, floor amendments (1) (2) (3) and (4-title)
     Jan 13-received in Senate
     Jan 14-to Judiciary (S)
     Mar 11-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title); floor amendment (1) filed to Committee Substitute
     Mar 12-2nd reading, to Rules
     Mar 16-recommitted to Judiciary (S); reported favorably, to Rules with Committee Substitute (2) ; posted for passage in the Regular Orders of the Day for Wednesday, March 17, 2010
     Mar 17-3rd reading; Committee Substitute (1) withdrawn; floor amendment (1) withdrawn ; passed 38-0 with Committee Substitute (2), committee amendment (1-title)
     Mar 18-received in House; to Rules (H)
     Mar 22-posted for passage for concurrence in Senate Committee Substitute (2), committee amendment (1-title)
     Mar 23-House refused to concur in Senate Committee Substitute (2), committee amendment (1-title) ; received in Senate
     Mar 26-posted for passage for receding from Senate Committee Substitute (2), committee amendment (1-title) ; Senate refused to recede from Committee Substitute (2), committee amendment (1-title) ; Conference Committee appointed in House and Senate
     Mar 29-Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate
     Apr 14-Free Conference Committee report filed in House and Senate; Free Conference Committee report adopted in Senate; Bill passed 37-0; received in House; Free Conference Committee report adopted in House; Bill passed 100-0
     Apr 15-enrolled, signed by each presiding officer; delivered to Governor
     Apr 26-signed by Governor (Acts ch. 170)

Vote History
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