Interim Joint Committee on Judiciary


Minutes of the<MeetNo1> 1st Meeting

of the 2003 Session Break


<MeetMDY1> January 21, 2003


The<MeetNo2> 1st meeting of the Interim Joint Committee on Judiciary was held on<Day> Tuesday,<MeetMDY2> January 21, 2003, at<MeetTime> 10:00 AM, in<Room> Room 131 of the Capitol Annex. Senator Robert Stivers, Chair, called the meeting to order, and the secretary called the roll.


Present were:


Members:<Members> Senator Robert Stivers, Co-Chair; Representative Gross Lindsay, Co-Chair; Senators Lindy Casebier, Ray Jones II, Jerry Rhoads, Dan Seum, Katie Stine, and Jack Westwood; Representatives Paul Bather, Perry Clark, Jesse Crenshaw, Tim Feeley, Joseph Fischer, Frank Rasche, Arnold Simpson, Kathy Stein, John Vincent, Robin L. Webb, and Rob Wilkey.


Guests:  Judy Campbell, Department of Public Advocacy; Ray DeBolt, Department of Juvenile Justice; Bob Benson, Regional Airport Authority of Louisville and Jefferson County; George Moore, Prosecutors Advisory Committee; Jason Dunn, Rick Pack, Bob Blackburn, Cabinet for Families and Children; Jack Damron, Department of Corrections; Mary Lee Perry, Kimberly Hosea, Maresa Fawns, KASAP; Keith Hardison, Parole Board; and Bill Montgomery, Kentucky KinCare Project.


LRC Staff:  Norman Lawson, CSA, Jon Grate, Peter Cassidy, Stephanie Martin, and Lisa Fenner.


The meeting was called to order by Presiding Chairman Robert Stivers.  The roll was called and a quorum was present.  Chairman Stivers introduced Senator Dan Seum, Senator Ernesto Scorsone, and Senator Jerry Rhoads as new members of the Senate Judiciary Committee.  Presiding Chairman Lindsay introduced Representative Tim Feeley, Representative Stan Lee, and Representative Robin Webb as new members of the House Judiciary Committee.


Chairman Lindsay announced that no official action would be taken on bills at the meeting, that the Judiciary Committees in the House and Senate normally received more bills than any other committee, and that the time remaining in the session was short.  Chairman Lindsay observed that if a bill is not favorably considered by the second or third meeting of the committee that there probably would not be time for the bill to complete the legislative process.


In recognition of the short time remaining, Chairman Lindsay noted that there are a number of bills, both House and Senate, on the same or similar topics.  Chairman Lindsay encouraged members to combine bills of a similar nature into a single agreed upon bill.  Chairman Stivers encouraged members of the House and the Senate with similar bills to agree upon a single bill, whether a House Bill or a Senate Bill, and to pursue that bill rather than utilizing companion bills.  Chairman Stivers and Chairman Lindsay directed the staff of the committee to notify sponsors of similar bills of the desires of the Chairmen of the committee.


Representative Fischer asked if any bills had been posted for the first Judiciary Committee meeting. Chairman Lindsay replied that none had been posted, and unless the three day posting rule is waived, that no bills could be considered at the first meeting, which would occur only one day after the General Assembly reconvenes.


Representative Bather asked Chairman Lindsay which bills might be heard before the committee. Chairman Lindsay responded legislation relating to grandparents visitation, corresponding to recent court decisions, and crimes against the elderly after due consideration is given to unintended results in criminalizing otherwise legitimate advice.


Chairman Lindsay cautioned members about bills creating "custom crimes and enhancers" that would cause a higher rate of incarceration or more lengthy incarceration.  Chairman Lindsay stated they would now be heard not only by the Judiciary Committee but also by the Appropriations and Revenue Committee, which will look at the fiscal impact of the proposal.


The meeting was adjourned at 10:55 a.m.