FRANKFORT, Ky. (LEX 18) — The controversial criminal justice bill that GOP lawmakers backed was signed into law by Secretary of State Michael Adams on Monday.
Gov. Andy Beshear vetoed the Safer Kentucky Act last week, but lawmakers overrode the governor's action.
Beshear explained that while he supported some parts of the bill, like the destruction of murder weapons and the carjacking statute, other parts concerned him.
“This bill has a number of good sections, but I do believe it was cruel to put some of these sections that would have received unanimous approval with others that individuals knew would have been controversial,” said Beshear.
Beshear explained that one part of the bill that he found problematic is making street camping a crime in Kentucky.
“I could not in good conscience, with my faith, sign a bill that would virtually criminalize homelessness and would treat an abandoned car better than a car that had a person in it who was suffering from homelessness,” Beshear said.
However, the bill's sponsor believes the bill will not harm the homeless.
"We've got a lot of love in the bill with the street camping provisions to ensure that we nudge people toward treatment that need that for substance abuse or mental illness," said Rep. Jared Bauman.
Bauman believes the changes to the state’s criminal code, such as enhancing many current penalties and creating new offenses, will make Kentucky safer.
"We needed criminal justice reform in our state and that's what House Bill 5 provides meaningful impactful criminal justice reform that was far overdue," said Bauman.
One prominent feature of the bill creates a “three-strikes” penalty that would lock up felons for the rest of their lives after committing a third violent offense. It adds to the list of violent crimes that require offenders to serve most of their sentences before becoming eligible for release.
The bill also includes "Madelynn's Law," named for Madelynn Troutt, who was killed in a head-on crash in 2021. The driver of the other car was out on a $5,000 bond when he drove a stolen car and crashed head-on into Madelynn’s car, according to the Troutt family.
Madelynn's Law stops charitable bail organizations from posting bail of $5,000 or more.
"I feel jittery inside her name is going to live on and we are going to help save families and it means a lot to us," said Marcie Troutt, Madelynn's mom.
Supporters portrayed the bill as a necessary policy shift that would do more to hold criminals accountable and to make communities safer. Opponents warned the measure would carry a hefty price tag for taxpayers with no assurances that the tougher approach would lower crime.
The fiscal note attached to the legislation said the overall financial impact was “indeterminable” but would likely lead to a “significant increase in expenditures primarily due to increased incarceration costs.”
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The Associated Press contributed to this report.
