FRANKFORT, Ky. — The Kentucky House passed sweeping criminal justice legislation on Thursday that would impose tougher sentences, including a “three-strikes” penalty to lock up people with felonies for the rest of their lives after committing a third violent offense.
The legislation — a priority for the Republican-dominated chamber — would bring a multitude of changes to the Bluegrass State's criminal code. Another key section aims to crack down on the prevalence of fentanyl with harsher penalties when its distribution results in fatal overdoses. Fentanyl is a powerful synthetic opioid seen as a key factor in the state’s high death toll from drug overdoses.
Other parts of the bill would create a standalone carjacking law with enhanced penalties and make killing a first responder in the line of duty eligible for the death penalty. It would require violent offenders to serve most of their sentences before becoming eligible for release. And it would ban street camping and give local governments power to designate temporary camping locations for the homeless.
"We're criminalizing homelessness and it's just not right," Meg Stone, vice president of Jacob's Ladder, said to WHAS11 News on Thursday.
Stone has spent the last 10 years helping those struggling with houselessness and recently traveled to Frankfort as the measure passed through committee. She believes making street camping unlawful would only exacerbate a growing issue in our community.
"These people are our friends; we're a part of their community," she said. "I think people are afraid of homeless people because they don't know. They're, they're, it's just ignorance about what actually happens."
Democratic Rep. Lyndsey Burke's proposed amendment to remove parts of the bill dealing with street camping was one of three filed by democratic lawmakers that failed to pass.
"I believe, while I strive to help the most needy among us, that I can also help to deal with the most violent among us," Republican Rep. Josh Calloway said.
The measure cleared the House on a 74-22 vote and advances to the GOP-led Senate.
During the nearly three-hour House debate, supporters portrayed the measure as an overdue policy shift that does more to hold criminals accountable and to make communities safer.
“With this bill, House Bill 5, we are reasserting some basic and simple truths," said Republican Rep. Jared Bauman, the bill’s lead sponsor. "That there is a right and wrong, and that criminals are accountable for their actions, not society. And that society has the right to protect itself from the criminal element.”
Opponents said the bill would put more people behind bars in a state that already has high incarceration rates without fully knowing the additional costs from even higher inmate populations. The bill fails to delve into the root causes leading to criminal activity and overreached with its many provisions, they said.
“We do have about 20 different bills that have been crammed into one,” Democratic Rep. Sarah Stalker said.
A key component of the bill is its three-strikes provision. People convicted of three violent felonies would face life in prison. Opponents questioned its effectiveness as a deterrent.
“Why we’re doing a rinse and repeat of this failed attempt from the ’90s is unclear to me,” Stalker said.
Republican Rep. John Blanton responded: “If someone has committed three violent crimes and they’re incarcerated and can’t get back out, they’re not going to commit another violent crime. That’s a fact."
The tougher penalties in the bill cover a range of offenses, from vandalism to attempted murder.
"The problem the 'Suffer' Kentucky Act is trying to solve is not an increase in crime, it's an increase in manufactured fear," Democratic Rep. Josie Raymond, said.
Burke described the bill as "an amalgam of the worst ideas in criminology and justice."
Other provisions aim to crack down on drive-by shootings and would offer both workers and business owners criminal immunity in cases where they use a “reasonable amount of force” to prevent theft or protect themselves and their stores. It would limit bail payments by charitable bail organizations.
It would prevent early release in situations when offenders either possessed a firearm as a convicted felon, knew the firearm was stolen or possessed the weapon while on probation or parole. It also would increase sentences for adults who use juveniles as criminal accomplices.
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