What's in the GOP's crime plan proposal? A look at what Louisville lawmakers put forward

Eleanor McCrary, Louisville Courier Journal
Updated ·6 min read

Seven members of the Kentucky House Republican delegation from Louisville unveiled last week what they are calling the "Safer Kentucky Act" aimed at tackling crime.

“My constituents are fed up. They don’t feel safe in their own homes and neighborhoods," said Rep. Jared Bauman, R-Louisville. "If we do not do something now, things will only get worse. And, while we talk about crime here in Louisville, it is an issue that unites Kentuckians across the state. Kentuckians deserve better.”

Mayor Craig Greenberg said he is glad "folks in Kentucky General Assembly are looking to have a conversation about what they can do to make Louisville and Kentucky safer," and he hopes to be involved in future discussions about public safety.

"I look forward to the coming months ahead to working with leadership with the State Senate and State House to implement laws that will help us make Louisville safe," he said a day after the outline was unveiled. "There are some things in this proposal that I've initially seen so far that we support."

He specifically emphasized his support for wiretapping as a method to address gangs.

Here is a look at the 18 points in the proposed legislation, which the lawmakers hope to pass in the 2024 session.

Provisions that involve firearms

  • Allow unlicensed citizens to bid on confiscated murder weapons "with the provision that the guns be destroyed by the Kentucky State Police rather than transferred to the buyer." Currently, guns from homicides are sold at auctions to licensed firearms dealers and profits are used to buy equipment for the police force. This would allow citizens to outbid firearms dealers and have the weapons destroyed.

  • If someone used a firearm that violated state law − like ones that are stolen or defaced − in the commission of their offense, they will not be eligible for "probation, parole, conditional discharge, conditional release, or any other form of release prior to the completion of their sentence."

Provisions on increases in punishments

  • The "Three Strikes Law" would require people convicted of a third violent felony to receive life in prison without probation or parole. If the third violent felony is a capital offense, this law would allow the death penalty to be used on the defendant.

  • If someone knowingly sells fentanyl or a fentanyl derivative to a person who dies from the "injection, ingestion, inhalation or other" form of exposure to the fentanyl, the seller is "responsible for causing death by delivery" and "are responsible for murder," Bauman said. The seller would be allowed to face the death penalty.

  • The felony class for providing contraband substances, like fentanyl, in jails, prisons or other detention centers would rise from Class D to Class B.

  • Those convicted of attempted murder would have to serve 85% of their sentences before they are eligible for early release. This also would add attempted murder to the violent offense statute.

  • The felony fine for public or private property vandalism would increase to $500. It also would allow for the charges to become a Class B misdemeanor if the defendant repairs or reimburses the cost of the damaged property prior to the trial.

  • Prosecutors would be required to pursue the death penalty charge if a law enforcement officer is shot while on the job if the officer was behaving lawfully.

Law enforcement provisions

  • Requires Kentucky State Police to establish a post in Jefferson County.

  • County jails and regional correction facilities would be required to "issue a personal identification card or operator’s license for an eligible felony offender."

  • Mentally ill individuals could be involuntarily confined. After being discharged, "eligible mentally ill individuals" could be "remanded to the custody of a sheriff or peace officer." Individuals released from a forensic psychiatric facility would also be transported by officials to the individual's "county of discharge."

  • This would establish a wiretapping law and allow law enforcement to use it "when appropriate." Local and state officials could work with the federal government to obtain wiretaps in the investigations of "heinous crimes and gangs." The state’s attorney general or any commonwealth’s attorney could ask a judge for an order to intercept "wire, oral, or electronic communications by investigative or law enforcement officers" in cases of murder, kidnapping, human trafficking, child sexual exploitation, child pornography production, prostitution, gambling, robbery, bribery, extortion, or dealing with narcotic drugs, or other dangerous drugs."

Other provisions

  • The bill includes several regulations for bail funding organizations: limiting the amount charitable organizations can donate to bail funds at $5,000; requiring photo identification for people who post bail; making it unlawful to post bail in cases of "domestic violence or for a person being held under a civil court order or warrant pursuant to Casey’s Law"; requires bail organizations to create and maintain an annual report that would be given to the Interim Joint Committee on Judiciary and would be publicly available on the organization's website.

  • The bill would require parents to attend juvenile court hearings with a penalty of up to a $500 fine and 40 hours of community service.

  • Employees and shop owners would be allowed to use a "reasonable amount of force necessary to protect themselves, to prohibit the escape of a person detained, or to prevent the loss of goods for sale." It also would provide civil and criminal immunity for the workers and business owners.

  • It would create a Kentucky statute for carjacking and make it a Class C felony. If that carjacking results in a serious physical injury of someone who is not involved with the crime, that would constitute a Class B felony. If that person dies, the carjacker would be prosecuted with the death seen as a capital offense.

  • Prevents street camping "on public streets, sidewalks, paths, or public areas normally used by pedestrians and/or vehicles, private property, homes, or businesses in any way." If people refuse to vacate the area, they could be charged with a misdemeanor, which could escalate with each offense. Property owners "shall not be held criminally liable for any actions taken to defend themselves from the aggressive actions of a person refusing to vacate an illegal street camp, and any such aggression by the camper can be prosecuted as assault." Local governments would be authorized to designate areas for indoor and outdoor camping and would be required to provide "basic sanitation needs."

  • Would allow a governor to remove a member of the parole board and would require "a unanimous vote of three to six-member panels to approve parole."

More: Wiretaps, '3 strikes' and a state police post: Louisville lawmakers unveil crime plan

Reach reporter Eleanor McCrary at EMcCrary@courier-journal.com or on Twitter at @ellie_mccrary.

This article originally appeared on Louisville Courier Journal: The 18 points: A look at the proposed GOP crime plan