'Safer Kentucky' or 'Suffer Kentucky'? House advances GOP crime bill after heated debate

FRANKFORT – A sweeping measure aimed at reforming Kentucky's criminal law passed the House following hours of vociferous Democratic opposition.

Supporters say House Bill 5 would improve public safety, while critics believe it could overload the state's justice and correctional institutions and criminalize poverty and homelessness. Democratic representatives accused supporters of the bill, filed by Rep. Jared Bauman, R-Louisville, of rushing the wide-ranging measure through the legislative process without sufficient debate, with an 11-page amendment that included several changes filed the day before Thursday's vote.

The amendment made notable changes aimed at loosening some penalties in the proposal, including ensuring sleeping overnight in a parked car is not a criminal activity and providing immunity for fentanyl-related manslaughter charges for people who seek help "in good faith" in the case of an overdose. Other changes included removing parole as an option in many cases where a gun was involved in a crime and ensuring anyone convicted of a violent offense serves at least 85% of their sentence.

Bauman and other Republicans celebrated after the bill passed the House on a 74-22 vote, with House Speaker David Osborne, R-Prospect, telling reporters he believes Senate leadership is supportive as well. The bill goes to that chamber next.

“The simple truth is that the criminal element has become an all too normal part of our world today,” Bauman said in a statement after the vote. “... I appreciate the support of so many House members but regret that others chose to stand with violent offenders rather than victims.”

Democrats, though, argued the bill has been pushed through without enough public input and tries to do too much without directing resources toward preventing crimes before they happen.

"We do have about 20 different bills that have been crammed into one," said Rep. Sarah Stalker, D-Louisville. "And unfortunately this bill lacks a lot, in my opinion," including funding, compassion for the homeless, collaboration with groups that work with substance abuse, and any focus on "systematic root causes that create unstable environments for individuals."

A fiery debate

Republicans call it the "Safer Kentucky Act," a title they've used for months as the tough-on-crime blueprint has become legislation. But Rep. Josie Raymond, D-Louisville, has another name she believes is more accurate.

"Until we will eliminate a crime, yes, we've got work to do," she said on the floor. "But the problem that the 'Suffer Kentucky Act' is trying to solve is not an increase in crime. It's an increase in manufactured fear."

While the measure is sponsored by Louisville-area Republicans, Raymond said crime in the city has actually fallen in recent years. In 2023, homicides were down in Louisville by 16% and nonfatal shootings dropped 38% compared to 2021, according to figures released by the city's police department.

But instead of addressing the root causes of crime, such as poverty and drug addiction, she said, HB 5 would instead put more people in already crowded jails and force the state to spend more on incarceration.

At one point she requested Bauman read the name of each policy study he had used when crafting the bill because Bauman had not provided that information to Democrats. That process took more than 15 minutes and didn't get halfway through the alphabet before Raymond asked to move on, and critics throughout the day questioned whether the research supported the conclusions reached in the bill.

But supporters like Rep. John Blanton, R-Salyersville, argued the bill "protects victims and punishes the criminals, incarcerates them, and that’s what we should do.” It's a bill that will make Kentucky safer through stiffer penalties, he said on the House floor.

"We as a government have a responsibility to protect our citizens," he said. "If we don't, then we're going to be like other major cities around this country that have adopted these liberal policies. ... We’re just simply trying to protect our citizens.”

Bauman's amendment, filed following a weekslong outcry of concern from advocates and the public, did little to assuage Democratic concerns about the measure. Calls Thursday by Democrats to split the 72-page legislation into several different bills and to table the measure until an updated financial analysis was provided were overruled by the chamber's GOP supermajority.

The bill hits on several issues, including:

• Violent crime: Individuals found guilty of three separate violent crimes would face life in prison, a provision supported by Blanton and Rep. Jason Nemes, R-Louisville, who has said he believes it's too lenient. Rep. Rachel Roarx, D-Louisville, argued "three strikes" laws don't deter crime but force judges and juries to assign penalties that may not match what they think are appropriate.

• Homelessness: The bill outlaws "unlawful camping" in public spaces such as streets, under bridges and in front of businesses, with escalating penalties. Bauman's amendment to the bill made an exception for people who sleep up to 12 hours in a car.

• Fentanyl trafficking and 'Good Samaritans': Bauman's amendment reduced a proposal to file murder charges against someone who sold fentanyl to an individual who later died in an overdose to first-degree manslaughter, while distributing fentanyl - not being paid for it - in an overdose case would be second-degree manslaughter. The amendment would also provide immunity from certain fentanyl-related manslaughter charges for people who seek help "in good faith" in the case of an overdose.

• Bail bonds: Charitable bail organizations wouldn't be allowed to bail people out who are accused of violent crimes and would be limited to bail payments of less than $5,000. Charitable bail funds came under fire in 2022 when a man accused of firing a gun at then-Louisville mayoral candidate Craig Greenberg was released from jail following a payment by a local bail fund. Critics argue the proposal would only hurt low-income Kentuckians who can't afford to pay bail.

• Business owners and shoplifting: Shop owners and employees could use a "reasonable amount of force" to prevent someone from escaping in cases of suspected shoplifting if the bill passes. Critics have argued the provision does not define reasonable force and could escalate minor crimes into dangerous and violent situations, but Bauman said retail crime costs Kentucky businesses nearly $1 billion annually.

• Carjackings: 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 currently auctions off guns confiscated by local law enforcement. One of the bill's provisions would allow guns used in a homicide to be destroyed, a rallying cry for anti-violence advocates in Louisville in the aftermath of last year's Old National Bank shooting. 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.

The Bail Project, a charitable bail fund, said in a post-vote statement the move Thursday "will undermine, not improve, community safety in Kentucky" and lead to mass incarceration, while the Kentucky Center for Economic Policy released a statement arguing Bauman's amendment made minimal improvements while doubling down on regressive measures.

"Rather than improving public safety, HB 5 would grow poverty and hardship, further increase the risk of overdose deaths and massively swell spending on prisons and jails that could be better used for investments that actually work to prevent crime," analyst Kaylee Raymer said.

Reporter Hannah Pinski contributed. Reach Rebecca Grapevine at rgrapevine@courier-journal.com. Reach Lucas Aulbach at laulbach@courier-journal.com.

This article originally appeared on Louisville Courier Journal: House Bill 5, Safer Kentucky Act, advances in General Assembly 2024