'Safer Kentucky Act': What's in the controversial anti-crime bill?

The "Safer Kentucky Act" is a wide-ranging bill under consideration in the state legislature.

Also known as House Bill 5, the controversial bill has been in the works since late last year with the support of 52 co-sponsors and Rep. Jared Bauman, R-Louisville, as the driving force.

Supporters say the bill would improve public safety, while critics say some of the provisions could create a mass incarceration problem and would "criminalize" poverty and homelessness. The bill was passed by the House Judiciary Committee on Jan. 18, sending it to the full chamber.

So, what exactly is (and is not) in this 72-page piece of legislation? Here's what Kentuckians should know:

Fentanyl trafficking

A fentanyl trafficking conviction that leads to a person's death would be classified as manslaughter in the first degree.

Fentanyl accounts for 72.5% of overdose deaths nationwide in 2022 and was found in 1,548 drug overdose deaths in Kentucky that same year, according to the Kentucky 2022 Overdose Fatality Report.

Tara Moseley Hyde, CEO of People Advocating Recovery, said during the Jan. 18 House Judiciary Committee meeting that stiffening penalties isn’t the way to address a public health crisis. The bill's fentanyl provision “is a continuation of the war on drugs paradigm and the policies that are stemming from the cocaine and crack epidemic, leading to some of the highest rates of incarceration in this country,” she said.

Proponents say the provision will help reduce Fentanyl trafficking through the threat of harsher penalties.

'Three strikes law'

The bill calls for a life sentence in prison for individuals found guilty of three separate violent crimes.

Rep. Jason Nemes, R-Louisville, said he thinks three strikes is “too lax” and should be two instead. Rep. Keturah Herron, D-Louisville, said incarcerating more people would not make Kentucky safer and that approach has never worked in the state or nation.

Street camping

The bill includes a ban on street camping and gives local governments power to designate temporary camping locations.

Critics say this measure criminalizes poverty and people experiencing homelessness. Not every county in Kentucky has a homeless shelter, and nearly 4,000 people experience homelessness on a given night, according to the National Alliance to End Homelessness

George Eklund, director of education and advocacy for the Louisville Coalition of the Homeless, said during the Judiciary Committee meeting that the bill doesn’t address the root causes of people experiencing homelessness.

“We do have a homeless problem, but it is largely driven by our communities not being able to build affordable rental housing,” Eklund said.

The bill no longer blocks the use of federal funds for permanent housing programs for the homeless that lack "behavioral and rehabilitative" requirements.

Shoplifting and 'reasonable amount of force'

Business owners would have the right to use a "reasonable amount of force" to prevent someone from escaping in cases of suspected shoplifting, according to the bill.

But critics argue that a reasonable amount of force is too vague, including Rep. Nima Kulkarni, D-Louisville, who said there could be unforeseeable consequences.

When asked by Kulkarni about accountability for business owners, Bauman said it would be up to a jury to decide whether reasonable force was used.

Death penalty for killing a police officer

The death penalty is on the table for people convicted of killing a police office or other first responders.

The penalty for evading the police, which is defined as running from law enforcement or refusing to stop a vehicle, would also get stiffer. A first degree conviction is classified as a Class C felony, and the individual must serve at least 50% of their sentence before their release.

Carjacking

The bill classifies carjacking as its own crime, a Class B felony. Currently, carjacking is charged as a first-degree robbery.

Destroying guns

Kentucky State Police auctions off guns that are confiscated by local law enforcement.

A provision in the bill wold allow guns used in a homicide to be destroyed. But the gun would still have to be auctioned - and the winning bidder would need to agree beforehand to leave it with KSP to be destroyed.

Limits to charitable bail organizations

Charitable bail organizations wouldn't be allowed to bail people out who are accused of violent crimes; the organizations also would be limited to bail payments of less than $5,000.

Supporters contend this will help keep violent offenders off the streets, while critics say it hurts low-income Kentuckians who can't afford to pay bail.

What happened to these provisions?

A few initial proposals for the legislation seem to have not made the cut.

One is a provision that would have allowed state and local police to obtain wiretapping when investigating crimes like murder, kidnapping and human trafficking.

Another was a plan to establish a Kentucky State Police post in Louisville.

Both of these ideas were unveiled last year in the proposal's initial 18-point outline.

Reach reporter Hannah Pinski at @hpinski@courier-journal.com or follow her on X, formerly known as Twitter, at @hannahpinski.

This article originally appeared on Louisville Courier Journal: Safer Kentucky Act, House Bill 5, provisions include fentanyl,homeless