2019 Criminal Law Legislation

DPA Annual Conference

June 10, 2019
Damon Preston, Public Advocate

New or Expanded Crimes

KRS 508.078 Terroristic Threatening in the Second Degree

(a) With respect to any scheduled, publicly advertised event open to the public, any
place of worship, or any school function, threatens to commit any act likely to result in
death or serious physical injury to any person at a scheduled, publicly advertised event
open to the public, any person at a place of worship, or any student group…

(b) Makes false statements by any means, including by electronic communication,

for the purpose of:

1. Causing evacuation of a school building, school property, or school sanctioned

activity;

2. Causing cancellation of school classes or school sanctioned activity; or

3. Creating fear of serious bodily harm among students, parents, or school personnel

Class D Felony Unless…

Terroristic threatening in the second degree is a Class C felony when the person
intentionally engages in substantial conduct required to prepare for or carry out the
threatened act, including but not limited to gathering weapons, ammunition, body armor,
vehicles, or materials required to manufacture a weapon of mass destruction.

NEW STATUTE (to be codified in KRS Chapter 158)

The superintendent of each local school district shall require the principal of each
school within the district to provide written notice to all students, parents, and
guardians of students within ten (10) days of the first instructional day of each school
year of the provisions of KRS 508.078 and potential penalties under KRS 532.060 and
534.030 upon conviction.
KRS 439.3401 “Violent Offender”
(Now Includes)

(d) An offense described in KRS 507.040 or 507.050 where the offense involves the killing
of a peace officer, firefighter, or emergency medical services personnel while the peace
officer, firefighter, or emergency medical services personnel was acting in the line of
duty;

(e) A Class B felony involving criminal attempt to commit murder under KRS 506.010 if
the victim of the offense is a clearly identifiable peace officer, firefighter, or emergency
medical services personnel acting in the line of duty, regardless of whether an injury
results;

Sexual Crimes Against an Animal (to be codified in Chapter 525)

A person is guilty of sexual crimes against an animal if he or she:

(a) Engages in sexual contact with an animal;

(b) Advertises, solicits, offers, or accepts the offer of an animal, or possesses,

purchases, or otherwise obtains an animal, with the intent that the animal be subject
to sexual contact; or

(c) Causes, aids, or abets another person to engage in sexual contact with an animal.

(3) Sexual crimes against an animal is a Class D felony

Other consequences:

 Forfeit animals,
 5-year ban on possessing or having unsupervised access to animals,
 mandatory treatment program, and
 reimbursement for animal care expenses

Sexual Offender Registration is Not Required

Strangulation (to be codified in Chapter 508)
A person is guilty of strangulation in the FIRST degree when the person, without
consent, INTENTIONALLY impedes the normal breathing or circulation of the blood of
another person by:

(a) Applying pressure on the throat or neck of the other person; or

(b) Blocking the nose or mouth of the other person.

(2) Strangulation in the first degree is a Class C felony.

A person is guilty of strangulation in the SECOND degree when the person, without
consent, WANTONLY impedes the normal breathing or circulation of the blood of
another person by:

(a) Applying pressure on the throat or neck of the other person; or

(b) Blocking the nose or mouth of the other person.

(2) Strangulation in the second degree is a Class D felony.

KRS 507.040 Manslaughter in the Second Degree

A person is guilty of manslaughter in the second degree when he wantonly causes the
death of another person, including, but not limited to, situations where the death results
from the person's:

***

(c) Unlawful distribution for remuneration of a Schedule I or II controlled substance

when the controlled substance is the proximate cause of death.

KRS 525.120 Abuse of a Corpse

Previous enhancement for sex with the corpse or a person’s failure to honor contract is
eliminated. The offense is now always a Class D Felony.
KRS 511.070 Criminal Trespass in the Second Degree

Note: The change below is not codified in the Criminal Trespass statute, but is found in a
new statute between KRS 247.232 and KRS 247.236 (Amusement Rides and Attractions).

Criminal Trespass, 2nd Degree, now includes failure to comply with a request to leave the
premises of amusement rides after behavior that includes:

(a) Engaging in any activity that may cause bodily harm or death;

***

(h) Boarding or attempting to board any amusement ride or attraction if he or she is

under the influence of alcohol or any controlled substance as defined in KRS 218A.010.

Boating Safety
KRS 235.990 – Jail Sentences now authorized for BUI (Boating Under the Influence) – 24
hours for 1st offense, 48 hours for 2nd offense (up to 30 days for 3rd or subsequent offense,
but this was already the law)

KRS 431.005 – An arrest without a warrant is now authorized for BUI after a boating
accident that resulted in injury or property damage.

KRS 511.100 Trespass Upon Key Infrastructure Assets

Prisons and all detention facilities added to definition.

KRS 520.050 Promoting Contraband

Drones and drone payloads now included.

KRS 527.070 Unlawful Possession of Weapon on School Property

The provisions of this section … shall not apply to:
(a) An adult who is not a pupil of any secondary school and who possesses a firearm,
if the firearm is contained within a vehicle operated by the adult …

The vehicle exception is now limited to adult non-students.

KRS 304.47-020 Insurance Fraud
Penalties amended to match Theft tiers, including Class C (over $10,000) and Class B
(over $1 million) felonies.

Call Spoofing
Causing misleading caller identification information to be transmitted to users of caller
identification services, or to otherwise misrepresent the origin of the telephone
solicitation.

Class B Misdemeanor – 1st Offense, Class A Misdemeanor – 2nd Offense

Abortion Offenses (to be codified in KRS Chapter 311)

Abortion Without Determining Presence of Fetal Heartbeat (Class D Felony)

Abortion After Detection of Fetal Heartbeat (Class D Felony)

Abortion for Discriminatory Purpose (Class D Felony)

Abortion for any reason or by any means, if Roe v Wade is overturned (Class D Felony)

KRS 117.995 Misuse of State Voter Registration Information

(9) Any local or state election official, including the Secretary of State, employees of the
Secretary, and members of the State Board of Elections and their staff, who knowingly
and willfully uses the voter registration roster in violation of subsection (3)(a) of Section
3 of this Act, shall, for each offense, be guilty of a Class A misdemeanor.

New Law Enforcement Tools

Call Location Info

Upon a request from a … law enforcement agency, a wireless telecommunications carrier
shall provide call location information concerning the wireless communications device
of a wireless telecommunications user to the requesting public safety answering point
or law enforcement agency, in order to respond to a call for emergency services or in an
emergency situation that involves the imminent risk of death or serious physical injury.
New school reporting tool
By July 1, 2019, the Kentucky Office of Homeland Security … shall make available to each
local school district an anonymous reporting tool that allows students, parents, and
community members to anonymously supply information concerning unsafe, potentially
harmful, dangerous, violent, or criminal activities, or the threat of these activities, to
appropriate public safety agencies and school officials.

***

If the individual chooses to disclose his or her identity, that information shall be shared
with the appropriate law enforcement agency and school officials. Law enforcement and
school officials shall be required to maintain the information as confidential.

Defense practice changes

Casey’s Law – Terminology Change

“Substance Use Disorder” as defined replaces the undefined “Alcohol and other Drug
Abuse”

(12) "Substance use disorder" means a cluster of cognitive, behavioral, and

physiological symptoms indicating that the individual continues using the substance
despite significant substance-related problems. Criteria for substance use disorder are
in the most current edition of the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders.

Child Support – Voluntary Unemployment

If a parent is voluntarily unemployed or underemployed, child support shall be calculated

based on a determination of potential income, except that a determination of potential
income shall not be made for a parent who is incarcerated, physically or mentally
incapacitated, …
Crimes narrowed

KRS 527.020 Carrying Concealed Deadly Weapon

Persons age twenty-one (21) or older, and otherwise able to lawfully possess a firearm,
may carry concealed firearms or other concealed deadly weapons without a license in the
same locations as persons with valid licenses issued under KRS 237.110.

KRS 527.020
A person is guilty of carrying a concealed weapon when he or she carries concealed a
firearm or other deadly weapon on or about his or her person in violation of this section.

Changes that will help defender clients

Expungement
Now available for convictions for all Class D felonies other than:

 DUI
 Assault, 4th Degree (Domestic, 3rd Offense)
 Impersonating a Peace Officer
 Abuse of Public Office
 Sex Offense
 Offense Against a Child
 Any offense that result in serious injury or death

Can be a series of eligible offenses

Fee reduced from $500 filing fee to $50 filing fee and $250 expungement fee

No certification fee for non-convictions

Dismissals without prejudice eligible after 5 years

Angel Initiative
Any law enforcement agency may create a program to refer persons to treatment

Someone who seeks treatment through this program:

 Shall not be arrested;
 Shall not be prosecuted for drugs or paraphernalia in possession;
 Shall be referred to appropriate agency for drug treatment

Requirement of no more than two prior convictions is now eliminated

KRS 439.3106 Parole Revocation Options
At a final revocation hearing, the board may subject a supervised individual to a
supervision continuation sanction for a period of up to nine (9) months, or until the
completion of the individual's sentence, whichever is shorter.

Prison Credits
Added “any other promising practice or life skills program approved by the
department” to the list of programs for which a 90-day credit is authorized.