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

Seven members of the Kentucky House Republican delegation from Louisville unveiled an outline Tuesday for an 18-point omnibus public safety bill they hope to pass in the 2024 legislative session that is aimed at tackling crime in the city and across the state.

Rep. Jared Bauman, R-Louisville, said their effort stemmed from a recent rise in murders, carjackings and fatal overdoses in Louisville and shows the House GOP majority's "commitment to alleviate the crime epidemic across the commonwealth."

"My constituents are fed up," Bauman said. "They don't feel safe in their own homes and neighborhoods. If we do not do something now, things will only get worse."

The wide-ranging plan would increase penalties for many types violent offenders, expand law enforcement use of wiretapping, restrict charitable bail organizations and create a new Kentucky State Police outpost in Louisville.

Several provisions of what lawmakers called the "Safer Kentucky Act" were directed at helping business owners, including allowing them to use "reasonable" force to detain shoplifters with criminal and civil immunity, imposing a ban on street camping by the homeless and lowering the felony threshold on vandalism damage to $500.

A copy of the proposed bill was not presented at the press conference at the River City FOP's headquarters, as Bauman said lawmakers are "very early in the process" on it and plan to unveil the bill to an interim legislative committee in December, a few weeks ahead of when the 2024 session kicks off in Frankfort.

A joint statement from House Democratic leadership did not immediately react to the specifics of the Republican proposal, but it said the General Assembly "has enacted bipartisan 'smart on crime' initiatives over the years that have made a true difference when it comes to increasing public safety, preserving constitutional rights and keeping incarceration costs from skyrocketing," adding they "review these proposals through that prism."

Addressing violent crime, the bill outline says it would create a "three strikes law" for violent offenders that requires a life sentence without probation or parole, increase minimum sentences for people convicted of attempted murder, make carjacking its own Class C felony and require mandatory completion of a sentence for those who commit an offense with an illegal firearm.

The bill would also expand the death penalty to people convicted of selling fentanyl to a person who fatally overdoses on it and requires prosecutors to seek the death penalty if there is evidence a law enforcement officer was intentionally killed while performing their official duties.

On the provision allowing business owners and employees to use "a reasonable amount of force necessary" to protect themselves, prohibit the escape of a person detained or "prevent the loss of goods for sale" — as well as provide them civil and criminal immunity —- Bauman said the final bill may specify what is defined as reasonable force.

"If we need to provide better clarity to that as we go through the legislative process, we will do that," Bauman said.

The proposal to restrict bail organizations from posting bail of $5,000 or more is similar to a proposal that cleared the House in 2022 but was not passed into law. It also prohibits posting bail for those charged with domestic violence.

The provisions aimed at combating street camping by the homeless would give property owners criminal immunity for any actions taken to defend themselves from "aggressive actions" of a person refusing to vacate such a camp. Local government could still designate certain areas for legal public camping, so long as they "provide for basic sanitation needs." It would ban street campaign on any public path or area "normally used by pedestrians and/or vehicles, private property, homes, or businesses in any way."

Rep. John Hodgson, R-Louisville, said he encourages unsheltered people to seek mental or drug addiction treatment or permanent supportive housing, "but if they're not going to seek treatment and they're not going to abide by the laws of a civilized society, they need to go somewhere else."

Asked if he expected companion legislation to reduce the number of inmates incarcerated for nonviolent drug crimes to balance out any expected increase in state inmates caused by the bill, Bauman said he did not.

Republican Attorney General Daniel Cameron, who is running against Democratic Gov. Andy Beshear this fall, praised the GOP crime plan in a statement, saying it mirrors provisions from his own public safety plan, "such as the death penalty for those who kill a cop, a carjacking statute, and establishing a Kentucky State Police post in Louisville."

Beshear Spokespeople did not immediately return a request for comment on the GOP proposal.

Other provisions of the 18-point bill include:

• Increasing the felony class for providing contraband like fentanyl within a detention center.

• Requiring parents to attend juvenile court hearings, with possible $500 fines and 40 hours of community services for violations.

• Requiring the Transportation Cabinet to also provide an ID card to those released from county and regional jails.

• Allowing involuntary confinement for the mentally ill when discharged.

• Allowing private citizens to buy guns used in violent crimes that are auctioned off by the Kentucky State Police, if they want the KSP to destroy the gun instead of it being resold.

• Reforming the state parole board to allow a governor to remove a board member who "is making inappropriate decisions" and requiring "a unanimous vote of three- to six-member panels to approve parole."

This story may be updated.

Reach reporter Joe Sonka at jsonka@courierjournal.com and follow him on Twitter at @joesonka.

This article originally appeared on Louisville Courier Journal: 'Safer Kentucky Act': Louisville Republicans unveil anti-crime plan