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HB 169/CI/FN/LM (BR 227) - R. Benvenuti III, J. Blanton, K. King, S. Lee, J. Miller, R. Mills, C. Morgan

     AN ACT relating to gang violence prevention and declaring an emergency.
     Create a new section of KRS Chapter 506 to define "criminal gang" and "pattern of criminal gang activity"; repeal and reenact KRS 506.140 to enumerate what constitutes criminal gang recruitment in the first, second, and third degree; amend KRS 506.120 to define "criminal gang syndicate" and associated penalties for defendants convicted of certain offenses committed while acting as a criminal gang syndicate; amend KRS 506.150 to revise evidence that is corroborative of the existence of a gang or gang membership; create new sections of KRS Chapter 506 to require that anyone who is found to be a member of a criminal gang at the time of commission of a felony, and who is subsequently convicted of a felony that puts the public at risk, shall be sentenced to a penalty that is one class higher than the penalty provision pertaining to the felony offense he or she was convicted of, unless the person is determined to be a persistent felony offender; establish a cause of action for a person harmed by a criminal gang or criminal gang member; create a new section of KRS Chapter 506 to state that property used by a gang or gang member in the commission of the crime shall be forfeited and disposed of in accordance with KRS 218A.405 to 218A.460; provide that this Act shall be known as the Gang Violence Prevention Act; encourage state and local law enforcement agencies to create a statewide gang violence prevention database; EMERGENCY.


AMENDMENTS

     HCS1/CI/LM - Amend Section 1 to include "reliable" informant as a means of determining whether someone is a member of a criminal gang, include language related to promoting and furthering criminal activity when determining whether someone is a criminal gang member through social media posts and photos, and make changes to conform; EMERGENCY
     HFA1/P( A. Scott ) - Create a new section of KRS Chapter 6, relating to legislation considered by the General Assembly, to require racial impact statements when indicated.
     HFA2( A. Scott ) - Amend to allow restorative justice practices.
     HFA3( J. Nemes ) - Amend Section 1 to delete requirement that three or more persons are required to constitute a criminal gang and require five or more persons and delete provision allowing a felony offense and at least one misdemeanor offense to constitute a pattern of criminal gang activity; amend KRS 506.140 to delete provision making criminal gang recruitment in the first degree a Class B felony for a second or subsequent offense, delete requirement making criminal gang requirement in the second degree a Class C felony for the second or subsequent offense, and delete provision making criminal gang recruitment in the third degree a Class D felony for the second or subsequent offense; amend KRS 506.120 to revise requirements related to determining whether defendants were acting as a criminal syndicate, delete language related to “criminal gang syndicate, expand list of crimes that a syndicate might engage in to include acting to promote or engage in intimidation of a participant in a legal process, tampering with physical evidence, and sex and child-related criminal offenses; amend Section 5 to delete harassing communications as one of the crimes eligible under section 5 for increased mandatory prison term and include requirement that a prosecutor must agree to a mandatory imprisonment term if defendant is determined to have a been a gang member at the time of conviction; provide that at the discretion of the prosecutor, a defendant can penalized one class more severely than provided in the penalty provision pertaining to the underlying felony offense; delete requirement that punitive and compensatory must be awarded in a civil action by a person harmed by a defendant acting in furtherance of a gang; provide that the defendant must have acted in furtherance of the gang in order for property to be eligible for forfeiture; EMERGENCY.
     SCS1/CI/LM - Amend KRS 506.150 by including language that requires two or more of certain enumerated evidence to establish the existence of a criminal gang; amend section 5 to provide that the section does not apply to juvenile offenders unless he or she was transferred to Circuit Court as a youthful offender under KRS 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense; amend Section 6 to provide that this section does not apply to juvenile offenders unless he or she was transferred to Circuit Court as a youthful offender under KRS 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense or he or she is a violent offender; and amend Section 7 to provide that any award of nominal damages to the plaintiff must also support an award of attorney's fees and costs; EMERGENCY.
     SFA1( G. Neal ) - Add new sections of KRS Chapter 506 making legislative findings, and requiring racial and ethnic community criminal justice and public safety impact statements for certain legislation and administrative regulations.

     Jan 10, 2018 - introduced in House
     Jan 16, 2018 - to Judiciary (H)
     Jan 22, 2018 - posted in committee
     Feb 07, 2018 - reported favorably, 1st reading, to Calendar
     Feb 08, 2018 - 2nd reading, to Rules; recommitted to Appropriations & Revenue (H)
     Mar 08, 2018 - posted in committee
     Mar 13, 2018 - reported favorably, to Rules with Committee Substitute; floor amendments (1) and (2) filed to Committee Substitute
     Mar 14, 2018 - posted for passage in the Regular Orders of the Day for Thursday, March 15, 2018; floor amendment (3) filed to Committee Substitute
     Mar 15, 2018 - 3rd reading; floor amendments (2) and (3) defeated; passed 71-17 with Committee Substitute (1)
     Mar 16, 2018 - received in Senate
     Mar 19, 2018 - to Judiciary (S)
     Mar 20, 2018 - taken from Judiciary (S); 1st reading; returned to Judiciary (S)
     Mar 21, 2018 - taken from Judiciary (S); 2nd reading; returned to Judiciary (S)
     Mar 27, 2018 - reported favorably, to Rules with Committee Substitute (1); floor amendment (1) filed to Committee Substitute
     Mar 29, 2018 - posted for passage in the Regular Orders of the Day for Thursday, March 29, 2018; passed over and retained in the Orders of the Day
     Apr 02, 2018 - passed over and retained in the Orders of the Day
     Apr 13, 2018 - 3rd reading; floor amendment (1) ruled not germane; passed 21-17 with Committee Substitute (1); received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute (1); House concurred in Senate Committee Substitute (1); passed 59-30
     Apr 14, 2018 - enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor