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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.


     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.

     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)