FRANKFORT, Ky. (LEX 18) — The third week of the 2024 legislative session brought some controversial measures.
The Safer Kentucky Act, which is a key Republican priority this year, moved out of the House Judiciary Committee last week after an emotional hearing. Lawmakers heard heart-wrenching testimony from people who lost loved ones as a result of violent crimes.
The bill is a lengthy crime bill that would keep felons locked up after a third violent offense, toughen penalties for knowingly selling fentanyl or a fentanyl derivative that results in a fatal overdose, create a standalone carjacking law, and increase penalties for several crimes, ranging from attempted murder to fleeing or evading police.
Other provisions aim to crack down on drive-by shootings and would offer both workers and business owners civil and criminal immunity in cases where they tried to prevent theft or protect themselves and their stores. It also would limit bail payments by charitable bail organizations.
“With this bill, we are reasserting some basic and simple truths, and that is that criminals — not society — are accountable for their actions,” said Republican Rep. Jared Bauman, the bill’s lead sponsor. “And society has the right to protect itself from the criminal element.”
But the bill’s critics raised doubts about whether it would make a dent in crime. They argue it fails to address the many complex issues that can lead to criminal activity.
“It is not going to deter criminals who are going to do those crimes because we are not addressing any of these underlying reasons for those crimes in this bill,” said Rep. Nima Kulkarni.
Rep. Keturah Herron expressed doubts that the tougher provisions would make people safer.
“No time in the state of Kentucky, or in our nation, have we been able to incarcerate ourselves out of any issue — ever,” Herron said.
Bauman disagreed, saying that increasing incarceration of violent offenders would reduce crime.
Republican Rep. Jason Nemes, another leading supporter of the bill, said it was unfair to claim that Kentucky is trying to “incarcerate ourselves out” of the crime problem. He noted that Kentucky has significantly increased the number of treatment beds for people struggling with addiction.
“That is what we are about — recovery, helping folks who need to be recovered,” Nemes said. “But we’re also about people who commit violence on our people, putting them away for a long time. That’s what this bill is supposed to do.”
Another controversial bill emerged late last week as well. On Friday, House Bill 9 was filed.
The anti-diversity, equity, and inclusion bill would prevent Kentucky's public colleges and universities from providing any differential or preferential treatment to a student or employee based on race, religion, sex, color or national origin.
If the bill becomes law, Kentucky's public colleges and universities would need to defund all Diversity, Equity and Inclusion offices and training. They would also need to eliminate race-based scholarships.
