SB 234/LM/CI (BR 452) - R. Palmer II, D. Harper Angel
AN ACT relating to victims of sex offenses.
Create a new section of KRS Chapter 510 to provide for a permanent restraining order for victims of sex offenses with application thereof to proceed automatically upon a conviction or plea of guilty for a violation of Chapter 510; establish that the court may grant the victim various forms of relief limiting contact between the defendant and the victim and the family and household members of the victim; provide that any such order be sufficiently limited to protect the victim but also protect a defendantís right to work, receive an education or do business with the employer of a victim; establish that a restraining order issued against a person under this provision is valid for a period of not more than 10 years, the specific duration of which will be determined by the court; establish that a violation of the restraining order is a Class A misdemeanor; require that a restraining order not prohibit contact by an attorney regarding a legal matter; establish that within 24 hours of entry of a restraining order or entry of an order rescinding a restraining order, the circuit clerk shall forward a copy of the order to the Law Information Network of Kentucky (LINK); require that the location of the victim be confidential; require that an order continue in effect following the termination of any terms or conditions of a defendant's suspension of sentence, probation supervision, home incarceration or any other post-conviction release of the defendant; establish that this provision does not preclude the filing of a criminal complaint for a criminal violation based on the same act as that which is the basis for the violation of the restraining order.
SB 234 - AMENDMENTS
SCS/LM/CI - Retain original provisions except delete at subsection (10), "The victim's location shall remain confidential and shall not appear on any documents or records to which the defendant has access" and replace with "The court shall determine the appropriate level of identifying information for any place or person with which contact is restricted."; make various technical corrections.
HFA (1, T. Riner) - Retain original provisions; amend KRS 413.249 relating to the statute of limitations for childhood sexual assault or abuse which contains a five-year look back provision from certain designated events to extend that look back period to 12 years; amend KRS 413.190 to include KRS 413.249 in provisions relating to tolling of statutes of limitations in civil actions.
HFA (2, T. Riner) - Retain original provisions; amend KRS 413.249 relating to the statute of limitations for childhood sexual assault or abuse which contains a five-year look back provision from certain designated events to extend that look back period to 12 years; amend KRS 413.190 to include KRS 413.249 in provisions relating to tolling of statutes of limitations in civil actions.
HFA (3, J. Jenkins) - Amend KRS 6.611 to establish that actions taken by a former legislator while he or she is a member of the General Assembly are within the definition of legislator; amend KRS 6.651 to require the Legislative Ethics Commission membership to include at least one member of a minority group and both genders, to amend the process of appointing members to the commission, and to require the commission to remove any member that fails to attend at least one-half of all commission meetings in a calendar year; amend KRS 6.731 to prohibit a legislator from using his or her official position to subject another person to harassment or sexual harassment; declare an EMERGENCY.
HFA (4/Title, J. Jenkins) - Make title amendment.
Mar 6-introduced in Senate
Mar 11-to Judiciary (S)
Mar 13-taken from Judiciary (S); 1st reading; returned to Judiciary (S)
Mar 14-reported favorably, 2nd reading, to Rules with Committee Substitute
Mar 19-posted for passage in the Regular Orders of the Day for Thursday, March 20, 2014
Mar 20-3rd reading, passed 38-0 with Committee Substitute
Mar 21-received in House
Mar 24-to Judiciary (H); taken from Judiciary (H); 1st reading; returned to Judiciary (H); posted in committee
Mar 25-taken from Judiciary (H); 2nd reading; returned to Judiciary (H)
Mar 26-reported favorably, to Rules as a Consent Bill; taken from Rules; placed in the Consent Orders of the Day for Thursday, March 27, 2014
Mar 27-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; floor amendment (1) filed to Committee Substitute, floor amendment (2) filed
Apr 14-floor amendments (3) and (4-title) filed ; 3rd reading, passed 99-0 with floor amendments (3) and (4-title) ; received in Senate