AN ACT relating to crimes and punishments.

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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 508.130 is amended to read as follows: 3
As used in this section[KRS 508.130 to 508.150], unless the context requires otherwise: 4
(1) (a) [To "stalk" means to engage in an intentional course of conduct: 5
1. Directed at a specific person or persons; 6
2. Which seriously alarms, annoys, intimidates, or harasses the person or 7
persons; and 8
3. Which serves no legitimate purpose. 9
(b) The course of conduct shall be that which would cause a reasonable person to 10
suffer substantial mental distress. 11
(2) ]1. "Course of conduct" means a pattern of conduct composed of two (2) or 12
more acts, evidencing a continuity of purpose. 13
2. One (1) or more of these acts may include: 14
a. Those by which a person, directly or indirectly, by any means or 15
method: 16
i. Follows, monitors, observes, surveils, or threatens another 17
person; or 18
ii. Interferes with another person's property; or 19
b. The use of any equipment, instrument, machine, or other device by 20
which communication or information is transmitted, including but 21
not limited to: 22
i. Computers;[,] 23
ii. The internet, internet applications, social media platforms, 24
email, text messages, instant messages, or any other 25
electronic network;[,] 26
iii. Cameras or other recording devices;[,] 27
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iv. Telephones or other personal communications devices;[,] 1
v. Scanners or other copying devices;[,] and 2
vi. Any device that enables the use of a transmitting device. 3
3. Constitutionally protected activity is not included within the meaning of 4
"course of conduct." If the defendant claims that he or she was engaged 5
in constitutionally protected activity, the court shall determine the 6
validity of that claim as a matter of law and, if found valid, shall exclude 7
that activity from evidence;[.] 8
(b)[(3)] "Protective order" means: 9
1.[(a)] An emergency protective order or domestic violence order issued 10
under KRS 403.715 to 403.785; 11
2.[(b)] A foreign protective order, as defined in KRS 403.720 and 12
456.010; 13
3.[(c)] An order issued under KRS 431.064; 14
4.[(d)] An interpersonal protective [A restraining] order issued in 15
accordance with KRS 508.155 or 510.037; 16
5.[(e)] An order of protection as defined in KRS 403.720 and 456.010; [ 17
and] 18
6. A civil restraining order issued by a court of this Commonwealth or 19
any other state on the basis of domestic violence and abuse as defined 20
in KRS 403.720 or dating violence and abuse as defined in KRS 21
456.010; or 22
7.[(f)] Any condition of a bond, conditional release, probation, parole, or 23
pretrial diversion order designed to protect the victim from the offender ; 24
and[.] 25
(c) "Social media platform" means a website or application that is ope n to the 26
public, allows a user to create an account, and enables users to do all of the 27
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following: 1
1. Interact socially with other users within the confines of the website or 2
application; 3
2. Construct a public or semipublic profile for the purpose of signing 4
into and using the website or application; 5
3. Populate a list of other users with whom an individua l shares or has 6
the ability to share a social connection within the website or 7
application; and 8
4. Create or post content viewable by others, including on message 9
boards, chat rooms, video channels, direct or private messages, or 10
chats, or on a landing pag e or main feed that presents the user with 11
content generated by other users. 12
(2) A person is guilty of stalking when he or she: 13
(a) Intentionally engages in a course of conduct directed at another person or 14
persons that: 15
1. Seriously alarms, annoys, intimi dates, or harasses the other person or 16
persons; 17
2. Serves no legitimate purpose; and 18
3. Causes the other person or persons to suffer substantial mental 19
distress, including but not limited to interference with the person's 20
sense of safety or well-being; and 21
(b) Consciously disregards a substantial and unjustifiable risk that the course 22
of conduct would cause the other person or persons to suffer substantial 23
mental distress. 24
(3) Stalking is a Class D felony unless: 25
(a) A protective order has been issued by th e court to protect the same victim or 26
victims and the defendant has been served with the summons or order or 27
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has been given actual notice; 1
(b) A criminal complaint is currently pending with a court, law enforcement 2
agency, or prosecutor by the same victim or victims and the defendant has 3
been served with a summons or warrant or has been given actual notice; 4
(c) The defendant has been convicted of or pled guilty within the previous five 5
(5) years to a felony or to a Class A misdemeanor against the same victi m or 6
victims; 7
(d) The act or acts were committed while the defendant had a deadly weapon on 8
or about his or her person; or 9
(e) The defendant's act or acts place the victim or victims in reasonable fear of: 10
1. Sexual contact as defined in KRS 510.010; 11
2. Physical injury; or 12
3. Death; 13
in which case it is a Class C felony. 14
Section 2. KRS 511.010 is amended to read as follows: 15
As used [The following definitions apply] in this chapter , unless the context otherwise 16
requires: 17
(1) "Building," in addition to its ordinary meaning, means any structure, vehicle, 18
watercraft, or aircraft: 19
(a) Where any person lives; or 20
(b) Where people assemble for purposes of business, government, education, 21
religion, entertainment, or public transportation. 22
Each unit of a building consisting of two (2) or more units separately secured or 23
occupied is a separate building;[.] 24
(2) "Dwelling" means a building which is usually occupied by a person lodging 25
therein;[.] 26
(3) "Employee" has the same meaning as in KRS 338.015; 27
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(4) "Employer" has the same meaning as in KRS 338.015; 1
(5)[(3)] "Premises" includes a[the term] ["]building["] as defined in this 2
section,[herein] and any real property;[.] 3
(6) "Threatening behavior" means behavior intentionally engaged in by a person 4
that places another person in reasonable apprehension of imminent physical 5
injury; and 6
(7) "Workplace" means any prop erty that is owned, leased, or controlled by an 7
employer where the employer's official business is conducted and where one (1) 8
or more of the employer's employees perform employment duties. 9
Section 3. KRS 511.070 is amended to read as follows: 10
(1) A person is guilty of criminal trespass in the second degree when he or she 11
knowingly enters or remains: 12
(a) Unlawfully in a building or upon premises as to which notice against trespass 13
is given by fencing or other enclosure; or 14
(b) In a workplace, while engaging in threatening behavior, as to which notice 15
against trespass is given verbally or in writing by the applicable employer, 16
an employee with the employer's authorization, or an authorized agent of 17
the employer. 18
(2) For the purposes of this section, notice against trespass includes the placement of 19
identifying purple paint marks on trees or posts on the property if the marks are: 20
(a) Vertical lines of not less than eight (8) inches in length and not less than one 21
(1) inch in width; 22
(b) Placed so that the bottom of the mark is not less than three (3) feet from the 23
ground nor more than five (5) feet from the ground; and 24
(c) Placed at locations that are readily visible to any person approaching the 25
property and no more than: 26
1. One hundred (100) feet apart on forest land; or 27
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2. One thousand (1,000) feet apart on land other than forest land. 1
(3) Criminal trespass in the second degree is a Class B misdemeanor, unless: 2
(a) The offense occurs during a declared emergency as defined by KRS 39A.020 3
arising from a natural or man -made disaster, within the area covered by the 4
emergency declaration, and within the area impacted by the disaster [, in 5
which case it is a Class A misdemeanor]; or 6
(b) A person commits a second or subsequent offense within three (3) years of 7
the prior offense; 8
in which case it is a Class A misdemeanor. 9
Section 4. KRS 511.080 is amended to read as follows: 10
(1) A person is guilty of criminal trespass in the third degree when he or she knowingly 11
enters or remains unlawfully in or upon premises. 12
(2) Criminal trespass in the third degree is a violation, unless: 13
(a) The offense occurs during a declared emergency as defined by K RS 39A.020 14
arising from a natural or man -made disaster, within the area covered by the 15
emergency declaration, and within the area impacted by the disaster [, in 16
which case it is a Class B misdemeanor]; or 17
(b) A person commits a second or subsequent offense within three (3) years of 18
the prior offense; 19
in which case it is a Class B misdemeanor. 20
Section 5. KRS 14.300 is amended to read as follows: 21
As used in KRS 14.300 to 14.318 unless the context otherwise requires: 22
(1) "Address" means a residential street address, school address, or work address of an 23
individual, as specified on the application of an individual to be a program 24
participant under this section; 25
(2) "Applicant" means a person applying for certification in the Safe at Home Program 26
under KRS 14.300 to 14.318; 27
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(3) "Application assistant" means a private individual, employee or volunteer of a 1
government agency, or an employee or volunteer of a nonprofit program that 2
provides counseling, referral, shelter, or other specialized service to victims of 3
domestic violence, rape, sexual assault, human trafficking, stalking, or other crimes, 4
who has been designated by the respective agency or progra m, and who has been 5
trained and registered by the Secretary of State to assist individuals in establishing a 6
safety program and in the completion of program applications; 7
(4) "Criminal offense against a victim who is a minor" has the same meaning as in 8
KRS 17.500; 9
(5) "Domestic violence and abuse" has the same meaning as in KRS 403.720; 10
(6) "Human trafficking" means an offense or attempt to commit an offense as defined 11
in: 12
(a) KRS 529.100; 13
(b) 18 U.S.C. sec. 1589; 14
(c) 18 U.S.C. sec. 1592; 15
(d) 22 U.S.C. sec. 7102(8); 16
(e) 22 U.S.C. sec. 7102(11); or 17
(f) 22 U.S.C. sec. 7102(12); 18
(7) "Program participant" means a person certified as a program participant under KRS 19
14.300 to 14.318; 20
(8) "Sex crime" means an offense or an attempt to commit an offense defined in: 21
(a) KRS Chapter 510; 22
(b) KRS 530.020; 23
(c) KRS 530.064(1)(a); 24
(d) KRS 531.120; 25
(e) KRS 531.310; 26
(f) KRS 531.320; or 27
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(g) Any criminal attempt to commit an offense specified in this subsection, 1
regardless of the penalty for the attempt; 2
(9) "Specified offense" means: 3
(a) Domestic violence and abuse; 4
(b) Stalking; 5
(c) A sex crime; 6
(d) Human trafficking; 7
(e) A criminal offense against a victim who is a minor; 8
(f) A similar federal offense; or 9
(g) A similar offense from another state or territory; and 10
(10) "Stalking" means conduct prohibited under Section 1 of this Act [KRS 508.140 and 11
508.150]. 12
Section 6. KRS 23A.208 is amended to read as follows: 13
(1) In addition to fees created by KRS 23A.205, 23A.206, and 23A.2065, an 14
administrative fee of thirty dollars ($30) shall be added to the costs that the 15
defendant is required to pay for the following crimes: 16
(a) A sex crime, meaning an offense described in: 17
1. KRS Chapter 510; 18
2. KRS 530.020; 19
3. KRS 530.064(1)(a); 20
4. KRS 531.310; and 21
5. KRS 531.320; 22
(b) Stalking, meaning conduct prohibited under Section 1 of this Act [KRS 23
508.140 and 508.150]; and 24
(c) A criminal attempt, conspiracy, facilitation, or solicitation to commit the 25
crimes set forth in this subsection. 26
(2) The first one dollar and fifty cents ($1.50) of each fee collected under this section 27
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shall be placed into the general fund, and the remainder of the fee shall be allocated 1
by the clerk of the court on a quarter ly basis to the Safe at Home Program fund 2
established in KRS 14.260 to be used solely to establish, operate, and maintain the 3
Safe at Home Program established in KRS 14.302. 4
(3) The court may waive all or any portion of the fee required by this section if the 5
court finds that a person subject to the surcharge is indigent or financially unable to 6
pay all or any portion of the surcharge. The court may waive only the portion of the 7
surcharge that the court finds the person is financially unable to pay. 8
Section 7. KRS 24A.178 is amended to read as follows: 9
(1) In addition to fees created by KRS 24A.175, 24A.176, and 24A.1765, an 10
administrative fee of thirty dollars ($30) shall be added to the costs that the 11
defendant is required to pay for the following crimes: 12
(a) A sex crime, meaning an offense described in: 13
1. KRS Chapter 510; 14
2. KRS 530.020; 15
3. KRS 530.064(1)(a); 16
4. KRS 531.310; and 17
5. KRS 531.320; 18
(b) Stalking, meaning conduct prohibited under Section 1 of this Act [KRS 19
508.140 and 508.150]; and 20
(c) A criminal attempt, conspiracy, facilitation, or solicitation to commit the 21
crimes set forth in this subsection. 22
(2) The first one dollar and fifty cents ($1.50) of each fee collected under this section 23
shall be placed into the general fund, and the remainder of the fee shall be allocated 24
by the clerk of the court on a quarterly basis to the Safe at Home Program fund 25
established in KRS 14.260 to be used solely to establish, operate, and maintain the 26
Safe at Home Program established in KRS 14.302. 27
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(3) The court may waive all or any portion of the fee required by this section if the 1
court finds that a person subject to the surcharge is indigent or financially unable to 2
pay all or any portion of the surcharge. The court may waive only the portion of the 3
surcharge that the court finds the person is financially unable to pay. 4
Section 8. KRS 431.005 is amended to read as follows: 5
(1) A peace officer may make an arrest: 6
(a) In obedience to a warrant; or 7
(b) Without a warrant when a felony is committed in his or her presence; or 8
(c) Without a warrant when he or she has probable cause to believe t hat the 9
person being arrested has committed a felony; or 10
(d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been 11
committed in his or her presence; or 12
(e) Without a warrant when a violation of KRS 189.290, 189.393, 189.520, 13
189.580, 51 1.080, or 525.070 has been committed in his or her presence, 14
except that a violation of KRS 189A.010 or KRS 281A.210 need not be 15
committed in his or her presence in order to make an arrest without a warrant 16
if the officer has probable cause to believe that the person being arrested has 17
violated KRS 189A.010 or KRS 281A.210; 18
(f) Without a warrant when a violation of KRS 508.030 has occurred in a hospital 19
without the officer's presence if the officer has probable cause to believe that 20
the person being arreste d has violated KRS 508.030. As used in this 21
paragraph, "hospital" includes any property owned or used by a hospital as a 22
parking lot or parking garage; or 23
(g) Without a warrant when a violation of KRS 235.240(2) has occurred causing 24
an accident, occurring outside of the peace officer's presence, involving a 25
motorboat or vessel on the waters of the Commonwealth, and resulting in a 26
physical injury or property damage, and a commissioned peace officer has 27
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probable cause to determine who the operator of the moto rboat or vessel was 1
and that operator was intoxicated or under the influence of any substance that 2
impairs one's ability to operate the motorboat or vessel at the time of the 3
accident. 4
(2) (a) Any peace officer may arrest a person without warrant when the peace officer 5
has probable cause to believe that the person has intentionally or wantonly 6
caused physical injury to a family member, member of an unmarried couple, 7
or another person with whom the person was or is in a dating relationship. 8
(b) As used in th is subsection, "dating relationship," "family member," and 9
"member of an unmarried couple" have the same meanings as [defined ] in 10
KRS 403.720 and 456.010.[ 11
(c) For the purpose of this subsection, the term "member of an unmarried couple" 12
has the same meaning as set out in KRS 403.720.] 13
(3) A peace officer may arrest a person without a warrant when the peace officer has 14
probable cause to believe that the person is a sexual offender who has failed to 15
comply with the Kentucky Sex Offender Registry requirements based upon 16
information received from the Law Information Network of Kentucky. 17
(4) For purposes of subsections (2) and (3) of this section, a "peace officer" is an 18
officer certified pursuant to KRS 15.380 to 15.404. 19
(5) If a law enforcement officer has probable cause to believe that a person has violated 20
a condition of release imposed in accordance with KRS 431.064 and verifies that 21
the alleged violator has notice of the conditions, the officer shall, without a warrant, 22
arrest the alleged violator whether th e violation was committed in or outside the 23
presence of the officer. 24
(6) A private person may make an arrest when a felony has been committed in fact and 25
he or she has probable cause to believe that the person being arrested has committed 26
it. 27
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(7) If a law enforcement officer has probable cause to believe that a person has violated 1
an interpersonal protective[a restraining] order issued under KRS 508.155, then the 2
officer shall, without a warrant, arrest the alleged violator whether the violation was 3
committed in or outside the presence of the officer. 4
Section 9. KRS 411.220 is amended to read as follows: 5
(1) A civil action may be maintained under this section against any person who 6
commits the conduct prohibited under Section 1 of this Act, [KRS 508.140 or 7
508.150. A civil action may be maintained under this section] whether or not the 8
individual who is alleged to have violated Section 1 of this Act [KRS 508.140 or 9
508.150] has been charged or convicted of the alleged crime. 10
(2) The action may be: 11
(a) Brought by a victim or a victim's parent or legal guardian on behalf of a 12
victim who is a minor; and 13
(b) Filed in a court of competent jurisdiction in the county where the alleged 14
violation occurred or the county where the victim resides. 15
(3) Liability under this section shall include the actual damages caused by the violation 16
and may include punitive damages, court costs, and reasonable attorney's fees. 17
(4) An action under this section shall be brought within two (2) years of the last act of 18
conduct in violation of this section. 19
Section 10. KRS 456.010 is amended to read as follows: 20
As used in this chapter: 21
(1) "Dating relationship" means a relationship between individuals who have or have 22
had a relationship of a romantic or intimate nature. It does not include a casual 23
acquaintanceship or ordinary fraternization in a business or social context. The 24
following factors may be considered in addition to any other relevant factors in 25
determining whether the relationship is or was of a romantic or intimate nature: 26
(a) Declarations of romantic interest; 27
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(b) The relationship was characterized by the expectation of affection; 1
(c) Attendance at social outings together as a couple; 2
(d) The frequency and type of interaction between the persons, including whether 3
the persons have been involved together over time and on a continuous basis 4
during the course of the relationship; 5
(e) The length and recency of the relationship; and 6
(f) Other indications of a substantial connection that would lead a reasonable 7
person to understand that a dating relationship existed; 8
(2) "Dating violence and abuse" means: 9
(a) Physical injury, serious physical injury, stalking, sexual assault, strangulation, 10
or the infliction of fear of imminent physical injury, serious physical injury, 11
sexual assault[abuse], strangulation, or assault occurring between persons 12
who are or have been in a dating relationship; or 13
(b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or 14
the infliction of fear of such imminent conduct, taken against a domestic 15
animal when used as a method of coercion, control, punishment, intimidation, 16
or revenge directed against a perso n with whom the perpetrator is or has been 17
in a dating relationship, when that person has a close bond of affection to the 18
domestic animal; 19
(3) "Domestic animal" means a dog, cat, or other animal that is domesticated and kept 20
as a household pet, but does n ot include animals normally raised for agricultural or 21
commercial purposes; 22
(4) "Foreign protective order" means any judgment, decree, or order of protection 23
which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265 which was 24
not issued on the basis of domestic violence and abuse; 25
(5) "Global positioning monitoring system" means a system that electronically 26
determines a person's location through a device worn by the person which does not 27
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invade his or her bodily integrity and which transmit s the person's latitude and 1
longitude data to a monitoring entity; 2
(6) "Order of protection" means any interpersonal protective order, including those 3
issued on a temporary basis, and includes a foreign protective order; 4
(7) "Sexual assault" refers to cond uct prohibited as any degree of rape, sodomy, or 5
sexual abuse under KRS Chapter 510 or a criminal attempt, conspiracy, facilitation, 6
or solicitation to commit any degree of rape, sodomy, or sexual abuse, or incest 7
under KRS 530.020; 8
(8) "Stalking" refers to conduct prohibited as stalking under Section 1 of this Act [KRS 9
508.140 or 508.150] , or a criminal attempt, conspiracy, facilitation, or solicitation 10
to commit the crime of stalking; 11
(9) "Strangulation" refers to conduct prohibited by KRS 508.170 and 508. 175, or a 12
criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of 13
strangulation; and 14
(10) "Substantial violation" means criminal conduct which involves actual or threatened 15
harm to the person, family, or property, including a dom estic animal, of an 16
individual protected by an order of protection. 17
Section 11. KRS 500.092 is amended to read as follows: 18
(1) (a) Notwithstanding KRS 500.090, all personal property which is not used as a 19
permanent residence in this state which is used in connection with or acquired 20
as a result of a violation or attempted violation of any of the statutes set out in 21
subsection (3) of this section shall be subject to forfeiture under the same 22
terms, conditions, and defenses and using the same process as set out in KRS 23
218A.405 to 218A.460 for property subject to forfeiture under that chapter. 24
(b) Notwithstanding KRS 500.090, all real and personal property in this state 25
which is used in connection with or acquired as a result of a violation or 26
attempted violation of KRS 531.310 or 531.320 shall be subject to forfeiture 27
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under the same terms, conditions, and defenses and using the same process as 1
set out in KRS 218A.405 to 218A.460 for property subject to forfeiture under 2
that chapter. 3
(2) Administrative regulations promulgated under KRS 218A.420 shall govern 4
expenditures derived from forfeitures under this section to the same extent that they 5
govern expenditures from forfeitures under KRS 218A.405 to 218A.460. 6
(3) The following offenses may trigger forfeiture of personal property under subsection 7
(1)(a) of this section: 8
(a) KRS 17.546; 9
(b) Section 1 of this Act [KRS 508.140 and 508.150] involving the use of any 10
equipment, instrument, machine, or other device by which communication or 11
information is transmitted, including computers, the internet or other 12
electronic network, cameras or other recording devices, telephones or other 13
personal communications devices, scanners or other copying devices, and any 14
device that enables the use of a transmitting device; 15
(c) KRS 510.155; 16
(d) KRS 530.064(1)(a); 17
(e) KRS 531.030; 18
(f) KRS 531.040 19
(g) KRS 531.310; 20
(h) KRS 531.320; 21
(i) KRS 531.335; 22
(j) KRS 531.340; 23
(k) KRS 531.350; 24
(l) KRS 531.360; and 25
(m) KRS 531.370. 26
Section 12. KRS 500.120 is amended to read as follows: 27
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(1) (a) In any investigation relating to an offense involving KRS 510.155, 1
530.064(1)(a), 531.030, 531.0 40, 531.310, 531.320, 531.335, 531.340, 2
531.350, 531.360, or 531.370, and upon reasonable cause to believe that an 3
internet service provider, social networking company, mobile payment 4
service, or cloud storage service has been used in the exploitation or 5
attempted exploitation of children, or in any investigation of a violation of 6
KRS 17.546, Section 1 of this Act [508.140, 508.150] , 525.070, or 525.080 7
where there is reasonable cause to believe that an internet service provider, 8
social networking company, mobile payment service, or cloud storage service 9
has been used in the commission of the offense, the Attorney General may 10
issue in writing and cause to be served a subpoena requiring the production 11
and testimony described in subsection (2) of this section. 12
(b) In any investigation relating to an offense involving KRS 510.155, 13
530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340, 14
531.350, 531.360, or 531.370, and upon reasonable cause to believe that an 15
internet service provider, social network ing company, mobile payment 16
service, or cloud storage service has been used in the exploitation or 17
attempted exploitation of children, the commissioner of the Department of 18
Kentucky State Police may issue in writing and cause to be served a subpoena 19
requiring the production and testimony described in subsection (2) of this 20
section. 21
(2) Except as provided in subsection (3) of this section, a subpoena issued under this 22
section may require the production of any records or other documentation relevant 23
to the investigation, including: 24
(a) Electronic mail address; 25
(b) Internet username; 26
(c) Internet protocol address; 27
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(d) Name of account holder; 1
(e) Billing and service address; 2
(f) Telephone number; 3
(g) Account status; 4
(h) Method of access to the internet; and 5
(i) Automatic number identification records if access is by modem. 6
(3) The internet service provider, social networking company, mobile payment service, 7
cloud storage service, or provider of electronic communication service or remote 8
computing service shall not disclose the following pursuant to a subpoena issued 9
under this section but shall disclose the information in obedience to a warrant: 10
(a) In-transit electronic communications; 11
(b) Account memberships related to internet groups, newsgroups, mailing lists , or 12
specific areas of interest; 13
(c) Account passwords; and 14
(d) Account content including: 15
1. Electronic mail in any form; 16
2. Address books, contacts, or buddy lists; 17
3. Financial records; 18
4. Internet proxy content or web surfing history; and 19
5. Files or other digital documents stored with the account or pursuant to 20
use of the account. 21
(4) At any time before the return date specified on the subpoena, the person summoned 22
may, in the District Court in which the person resides or does business, petition for 23
an order modifying or setting aside the subpoena, or a prohibition of disclosure by a 24
court. 25
(5) A subpoena under this section shall describe the objects required to be produced 26
and shall prescribe a return date with a reasonable period of time within which the 27
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objects can be assembled and made available. 1
(6) If no case or p roceeding arises from the production of records or other 2
documentation pursuant to this section within a reasonable time after those records 3
or documentation are[is] produced, the Attorney General shall either destroy the 4
records and documentation or return them to the person who produced them. 5
(7) A subpoena issued under this section may be served by any person who is at least 6
eighteen (18) years of age and who is designated in the subpoena to serve it. Service 7
upon a natural person may be made by personal delivery of the subpoena to him or 8
her. Service may be made upon a corporation or partnership or other unincorporated 9
association which is subject to suit under its common name, by delivering the 10
subpoena to an officer, to a managing or general agent, or to any other agent 11
authorized by appointment or by law to receive service of process. The affidavit of 12
the person serving the subpoena together with a true copy thereof shall be proof of 13
service. 14
(8) Except as provided in this section any information, reco rds or data reported or 15
obtained pursuant to subpoena under this section shall remain confidential and shall 16
not be further disclosed unless in connection with a criminal case related to the 17
subpoenaed materials. 18
Section 13. KRS 506.160 is amended to read as follows: 19
(1) If a defendant is alleged by the prosecuting attorney to have been a member of a 20
criminal gang as defined in KRS 506.135, at the time of the commission of the 21
offense, upon conviction of the offense there shall be a separate proceeding from 22
that proceeding which resulted in the defendant's conviction if the defendant was 23
convicted of: 24
(a) Assault in the fourth degree under KRS 508.030; 25
(b) Menacing under KRS 508.050; 26
(c) Wanton endangerment in the second degree under KRS 508.070; 27
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(d) Terroristic threatening in the third degree under KRS 508.080; 1
(e) [Stalking in the second degree under KRS 508.150; 2
(f) ]Unlawful imprisonment in the second degree under KRS 509.030; 3
(f)[(g)] Criminal coercion under KRS 509.080; 4
(g)[(h)] Criminal mischief in the second degree under KRS 512.030; 5
(h)[(i)] Obstructing governmental operations under KRS 519.020; 6
(i)[(j)] Resisting arrest under KRS 520.090; 7
(j)[(k)] Riot in the second degree under KRS 525.030; 8
(k)[(l)] Inciting to riot under KRS 525.040; 9
(l)[(m)] Harassment under KRS 525.070; 10
(m)[(n)] Harassing communications under KRS 525.080; 11
(n)[(o)] The misdemeanor offense of carrying a concealed deadly weapon in 12
violation of KRS 527.020; or 13
(o)[(p)] Possession of a handgun by a minor as a first offense under KRS 14
527.100. 15
(2) The proceeding described in subsection (1) of this section shall be conducted before 16
the court sitting with the jury that found the defendant guilty of the offense unless 17
the court for good cause discharges that jury and impanels a new jury for that 18
purpose. If the jury determines beyond a reasonable doubt that the defendant is or 19
was a member of a criminal gang, acting for the purpose of benef itting, promoting, 20
or furthering the interest of a criminal gang at the time he or she committed the 21
offense, he or she shall not be released for a minimum of seventy -six (76) to ninety 22
(90) days of the sentence imposed if the offense he or she is convicte d of is 23
classified as a Class B misdemeanor, or for a minimum of three hundred eleven 24
(311) to three hundred sixty -five (365) days if the offense he or she is convicted of 25
is classified as a Class A misdemeanor. 26
(3) This section shall not apply to a juveni le unless he or she has been transferred to 27
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Circuit Court as a youthful offender pursuant to KRS 640.010 and has on at least 1
one (1) prior separate occasion been adjudicated a public offender for a felony 2
offense. 3
Section 14. KRS 508.155 is amended to read as follows: 4
[(1) (a) Before January 1, 2016, a verdict of guilty or a plea of guilty to KRS 508.140 5
or 508.150 shall operate as an application for a restraining order utilizing the provisions 6
of this section and limiti ng the contact of the defendant and the victim who was stalked, 7
unless the victim requests otherwise. 8
(b) Beginning January 1, 2016, ] A verdict of guilty or a plea of guilty to Section 1 of 9
this Act [KRS 508.140 or 508.150] shall operate as an application f or an interpersonal 10
protective order issued under KRS Chapter 456, unless the victim requests otherwise. 11
Notwithstanding the provisions of KRS Chapter 456: 12
(1)[1.] An interpersonal protective order requested under this subsection may be 13
issued by the court that entered the judgment of conviction; 14
(2)[2.] The judgment of conviction shall constitute sufficient cause for the entry of 15
the order without the necessity of further proof being taken; and 16
(3)[3.] The order may be effective for up to ten (10) years, w ith further renewals in 17
increments of up to ten (10) years[. 18
(2) The court shall give the defendant notice of his or her right to request a hearing on 19
the application for a restraining order. If the defendant waives his or her right to a 20
hearing on this ma tter, then the court may issue the restraining order without a 21
hearing. 22
(3) If the defendant requests a hearing, it shall be held at the time of the verdict or plea 23
of guilty, unless the victim or defendant requests otherwise. The hearing shall be 24
held in the court where the verdict or plea of guilty was entered. 25
(4) A restraining order may grant the following specific relief: 26
(a) An order restraining the defendant from entering the residence, property, school, or 27
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place of employment of the victim; or 1
(b) An order restraining the defendant from making contact with the victim, including 2
an order forbidding the defendant from personally, or through an agent, initiating 3
any communication likely to cause serious alarm, annoyance, intimidation, or 4
harassment, including but not limited to personal, written, telephonic, or any other 5
form of written or electronic communication or contact with the victim. An order 6
issued pursuant to this subsection relating to a school, place of business, or similar 7
nonresidential location shall be sufficiently limited to protect the stalking victim but 8
shall also protect the defendant's right to employment, education, or the right to do 9
legitimate business with the employer of a stalking victim as long as the defendant 10
does not have c ontact with the stalking victim. The provisions of this subsection 11
shall not apply to a contact by an attorney regarding a legal matter. 12
(5) A restraining order issued pursuant to this section shall be valid for a period of not 13
more than ten (10) years, th e specific duration of which shall be determined by the 14
court. Any restraining order shall be based upon the seriousness of the facts before 15
the court, the probability of future violations, and the safety of the victim, his or her 16
immediate family, or both. 17
(6) Unless the defendant has been convicted of a felony, or is otherwise ineligible to 18
purchase or possess a firearm under federal law, a restraining order issued pursuant 19
to this section shall not operate as a ban on the purchase or possession of firear ms 20
or ammunition by the defendant. 21
(7) The restraining order shall be issued on a form prescribed by the Administrative 22
Office of the Courts and may be lifted upon application of the stalking victim to the 23
court which granted the order. 24
(8) Within twenty-four (24) hours of entry of a restraining order or entry of an order 25
rescinding a restraining order, the circuit clerk shall forward a copy of the order to 26
the Law Information Network of Kentucky (LINK). 27
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(9) A restraining order issued under this section sha ll be enforced in any county of the 1
Commonwealth. Law enforcement officers acting in good faith in enforcing a 2
restraining order shall be immune from criminal and civil liability. 3
(10) A violation by the defendant of an order issued pursuant to this sectio n shall be a 4
Class A misdemeanor. Nothing in this section shall preclude the filing of a criminal 5
complaint for stalking based on the same act which is the basis for the violation of 6
the restraining order]. 7
Section 15. KRS 532.080 is amended to read as follows: 8
(1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the 9
sentence of imprisonment assessed under KRS 532.060 for the crime of which the 10
defendant[such person] presently stands convicted, shall fix a sentence of 11
imprisonment as authorized by subsection (5) or (6) of this section. When a 12
defendant is charged with being a persistent felony offender, the determination of 13
whether or not he or she is such an offender and the punishment to be imposed 14
pursuant to subsection (5) or (6) of this section shall be determined in a separate 15
proceeding from that proceeding which resulted in his or her last conviction. 16
The[Such] proceeding shall be conducted before the court sitting with the jury that 17
found the defendant guilty of his or her most recent offense unless the court for 18
good cause discharges that jury and impanels a new jury for that purpose. 19
(2) A persistent felony o ffender in the second degree is a person who is more than 20
twenty-one (21) years of age and who stands convicted of a felony after having 21
been convicted of one (1) previous felony. As used in this provision, a previous 22
felony conviction is a conviction of a felony in this state or conviction of a crime in 23
any other jurisdiction provided: 24
(a) That a sentence to a term of imprisonment of one (1) year or more or a 25
sentence to death was imposed therefor; and 26
(b) That the offender was over the age of eighteen (18 ) years at the time the 27
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offense was committed; and 1
(c) That the offender: 2
1. Completed service of the sentence imposed on the previous felony 3
conviction within five (5) years prior to the date of commission of the 4
felony for which he or she now stands convicted;[ or] 5
2. Was on probation, parole, postincarceration supervision, conditional 6
discharge, conditional release, furlough, appeal bond, or any other form 7
of legal release from any of the previous felony convictions at the time 8
of commission of the felony for which he or she now stands convicted[; 9
or] 10
3. Was discharged from probation, parole, postincarceration supervision, 11
conditional discharge, conditional release, or any other form of legal 12
release on any of the previous felony convictions within five ( 5) years 13
prior to the date of commission of the felony for which he or she now 14
stands convicted;[ or] 15
4. Was in custody from the previous felony conviction at the time of 16
commission of the felony for which he or she now stands convicted; or 17
5. Had escaped from custody while serving any of the previous felony 18
convictions at the time of commission of the felony for which he or she 19
now stands convicted. 20
(3) A persistent felony offender in the first degree is a person who is more than twenty -21
one (21) years of a ge and who stands convicted of a felony after having been 22
convicted of two (2) or more felonies, or one (1) or more felony sex crimes against 23
a minor as defined in KRS 17.500, and now stands convicted of any one (1) or more 24
felonies. As used in this provision, a previous felony conviction is a conviction of a 25
felony in this state or conviction of a crime in any other jurisdiction provided: 26
(a) That a sentence to a term of imprisonment of one (1) year or more or a 27
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sentence to death was imposed therefor;[ and] 1
(b) That the offender was over the age of eighteen (18) years at the time the 2
offense was committed; and 3
(c) That the offender: 4
1. Completed service of the sentence imposed on any of the previous 5
felony convictions within five (5) years prior to the date of the 6
commission of the felony for which he or she now stands convicted;[ or] 7
2. Was on probation, parole, postincarceration supervision, conditional 8
discharge, conditional release, furlough, appeal bond, or any other form 9
of legal release from any of th e previous felony convictions at the time 10
of commission of the felony for which he or she now stands convicted;[ 11
or] 12
3. Was discharged from probation, parole, postincarceration supervision, 13
conditional discharge, conditional release, or any other form of l egal 14
release on any of the previous felony convictions within five (5) years 15
prior to the date of commission of the felony for which he or she now 16
stands convicted;[ or] 17
4. Was in custody from the previous felony conviction at the time of 18
commission of the felony for which he or she now stands convicted; or 19
5. Had escaped from custody while serving any of the previous felony 20
convictions at the time of commission of the felony for which he or she 21
now stands convicted. 22
(4) For the purpose of determining wheth er a person has two (2) or more previous 23
felony convictions, two (2) or more convictions of crime for which that person 24
served concurrent or uninterrupted consecutive terms of imprisonment shall be 25
deemed to be only one (1) conviction, unless one (1) of th e convictions was for an 26
offense committed while that person was imprisoned. 27
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(5) A person who is found to be a persistent felony offender in the second degree shall 1
be sentenced to an indeterminate term of imprisonment pursuant to the sentencing 2
provisions of KRS 532.060(2) for the next highest degree than the offense for 3
which convicted. A person who is found to be a persistent felony offender in the 4
second degree shall not be eligible for probation, shock probation, or conditional 5
discharge, unless all of fenses for which the person stands convicted are Class D 6
felony offenses which do not involve a violent act against a person, in which case 7
probation, shock probation, or conditional discharge may be granted. A violent 8
offender who is found to be a persist ent felony offender in the second degree shall 9
not be eligible for parole except as provided in KRS 439.3401. 10
(6) A person who is found to be a persistent felony offender in the first degree shall be 11
sentenced to imprisonment as follows: 12
(a) If the offense for which he or she presently stands convicted is a Class A or 13
Class B felony, or if the person was previously convicted of one (1) or more 14
sex crimes committed against a minor as defined in KRS 17.500 and presently 15
stands convicted of a subsequent sex cr ime, a persistent felony offender in the 16
first degree shall be sentenced to an indeterminate term of imprisonment, the 17
maximum of which shall not be less than twenty (20) years nor more than 18
fifty (50) years, or life imprisonment, or life imprisonment with out parole for 19
twenty-five (25) years for a sex crime committed against a minor; 20
(b) If the offense for which he or she presently stands convicted is a Class C or 21
Class D felony, a persistent felony offender in the first degree shall be 22
sentenced to an ind eterminate term of imprisonment, the maximum of which 23
shall not be less than ten (10) years nor more than twenty (20) years. 24
(7) A person who is found to be a persistent felony offender in the first degree shall not 25
be eligible for probation, shock probati on, or conditional discharge, unless all 26
offenses for which the person stands convicted are Class D felony offenses which 27
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do not involve a violent act against a person or a sex crime as that term is defined in 1
KRS 17.500, in which case, probation, shock pr obation, or conditional discharge 2
may be granted. If the offense the person presently stands convicted of is a Class A, 3
B, or C felony, the person shall not be eligible for parole until the person has served 4
a minimum term of incarceration of not less than ten (10) years, unless another 5
sentencing scheme applies. A violent offender who is found to be a persistent 6
felony offender in the first degree shall not be eligible for parole except as provided 7
in KRS 439.3401. 8
(8) A conviction, plea of guilty, or Alfo rd plea under KRS 218A.1415 shall not trigger 9
the application of this section, regardless of the number or type of prior felony 10
convictions that may have been entered against the defendant. A conviction, plea of 11
guilty, or Alford plea under KRS 218A.1415 m ay be used as a prior felony offense 12
allowing this section to be applied if he or she is subsequently convicted of a 13
different felony offense. 14
(9) The provisions of this section amended by 1994 Ky. Acts ch. 396, sec. 11, shall be 15
retroactive. 16
(10) (a) Except as provided in paragraph (b) of this subsection, this section shall not 17
apply to a person convicted of a criminal offense if the penalty for that offense 18
was increased from a misdemeanor to a felony, or from a lower felony 19
classification to a higher felony classification, because the conviction 20
constituted a second or subsequent violation of that offense. 21
(b) This subsection shall not prohibit the application of this section to a person 22
convicted of: 23
1. A felony offense arising out of KRS 189A.010, 189A.090, 506.140, 24
508.032, Section 1 of this Act[508.140], or 510.015; or 25
2. Any other felony offense if the penalty was not enhanced to a higher 26
level because the Commonwealth elected to prosecute the person as a 27
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first-time violator of that offense. 1
Section 16. The following KRS sections are repealed: 2
508.140 Stalking in the first degree. 3
508.150 Stalking in the second degree. 4
Section 17. This Act shall not affect the validity of: 5
(1) A restraining order or interpersonal protective order issued under KRS 6
508.155 prior to the effective date of this Act. All such orders shall retain the full force of 7
law for the 10 -year period following the date of issuance. Upon renewal of a restraining 8
order issued under Section 14 of this Act, it shall be converted to an interpersonal 9
protective order under KRS Chapter 456; or 10
(2) A domestic violence order issued under KRS Chapter 403 or an interpersonal 11
protective order issued under KRS Chapter 456 prior to the effective date of this Act 12
where the basis of the petition was stalking. 13