FRANKFORT, Ky. (LEX 18) — The Senate Judiciary Committee said yes to a controversial criminal justice bill on Thursday.
House Bill 5, also known as the Safer Kentucky Act, would impose tougher sentences, including a “three-strikes” penalty, which would lock up felons for the rest of their lives after they commit a third violent offense.
The bill would bring a multitude of changes to Kentucky's criminal code. It also aims to crack down on the prevalence of fentanyl with harsher penalties when its distribution results in fatal 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. It would ban street camping and give local governments the power to designate temporary camping locations for the homeless.
Supporters believe the measure is an overdue policy shift that will hold criminals accountable and to make communities safer.
"We have a violent crime problem in our state," said Rep. Jared Bauman, the bill's lead sponsor. "We have a violent crime problem across our country. And we need to take whatever steps necessary to ensure we keep Kentuckians safe, secure, and protected."
Opponents believe 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 overreaches with its many provisions, they said.
"It solves nothing," said Lyndon Pryor with the Louisville Urban League. "It does not actually address any real problem. It does not tackle any root cause issue. It does nothing to actually make Kentuckians safer."
A key component of the bill is its three-strikes provision. People convicted of three violent felonies would face life in prison.
The tougher penalties in the bill cover a range of offenses, from vandalism to attempted murder.
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.
The bill will now move to the Senate floor for a vote.
