SB 202/LM/CI (BR 487) - R. Webb
AN ACT relating to crimes and punishments.
Amend KRS 12.020 to move the state crime laboratory to an independent office in the Justice and Public Safety Cabinet; create a new section of KRS Chapter 15 to require the Prosecutors Advisory Council to establish capital offense database, guidelines for the exercise of prosecutorial discretion in capital cases, and training programs for lineups, interrogations, and mental health issues; amend KRS 15.334 to require the Kentucky Law Enforcement Council to develop and require law enforcement training relating to biological evidence, lineups, interviews, and mental health issues; amend KRS 15.440 to require law enforcement agencies to have written policies on biological evidence; amend KRS 15A.020 to establish requirements for the state crime lab; amend KRS 21A.170 to require judges and justices to have training in recognizing cognitive disabilities and mental health issues; create a new section of KRS Chapter 31 to establish minimum standards for representation of persons charged with capital offenses; amend KRS 31.185 to allow attorneys privately representing capital offenders access to state criminal forensic facilities; amend KRS 61.878 to allow capital offenders greater access to public records; amend KRS 72.225 and 72.240 to provide additional standards for medical examiners; create a new section of KRS Chapter 196 to prohibit the Department of Corrections from denying capital offenders access to prison officials when preparing clemency petitions; amend KRS 196.171 to require the Department of Corrections to develop staff training on mental health issues; create new sections of KRS Chapter 421 to establish standards for law enforcement lineups; amend KRS 422.285 to establish revised criteria for post-conviction DNA testing; amend KRS 431.240 to allow death row inmates up to 3 years to file post-conviction motions; amend KRS 439.450 allow death row inmates to make a personal appeal to the Parole Board; create a new section of KRS Chapter 455 to establish new standards for law enforcement interviews; create a new section of KRS Chapter 455 to require open file discovery in capital cases; amend KRS 524.140 to require the retention of biological evidence in capital cases; create a new section of KRS Chapter 532 to prohibit executions when certain mental health or competency conditions are present; amend KRS 532.025 to revise the point in a case when the jury receives its instructions; amend KRS 532.075 to increase the factors considered by the Supreme Court in death penalty appeals; amend KRS 532.130, 532.135, and 532.140 to prohibit executions of persons who are severally mentally ill; amend KRS 532.300 and 532.305 to broaden the applicability of the Kentucky Racial Justice Act; create three noncodified sections to create a commission to study judicial selection in Kentucky require a study of the effect of the Kentucky Racial Justice Act, and provide that a person having at least five years of experience managing a KSP forensic laboratory immediately preceding the Act's effective date is deemed qualified for appointment as executive director of the newly created office of Kentucky Criminal Forensic Laboratories.
Mar 5-introduced in Senate
Mar 7-to Judiciary (S)