AN ACT relating to crimes and punishments.

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AN ACT relating to crimes and punishments. 1
WHEREAS, the Commonwealth of Kentucky recognizes the right of its citizens to 2
travel freely and safely on public roadways without obstruction or intimidation; and 3
WHEREAS, incidents in which individuals intentionally block roadways have 4
caused fear, injury, and interference with emergency services and lawful transit; and 5
WHEREAS, the presence of individuals obstructing publi c roadways creates 6
situations of heightened tension and perceived threat, particularly when motorists are 7
surrounded by a crowd; and 8
WHEREAS, individuals who block roadways voluntarily assume the risk inherent 9
in unlawfully entering or obstructing a public roadway when they have clear alternatives 10
for lawful actions that do not jeopardize their own safety or that of others; 11
NOW, THEREFORE, 12
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 13
SECTION 1. A NEW SECTION OF KRS CHAPTER 503 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) The use of physical force by a defendant operating a motor vehicle that comes 16
into contact with another person is justifiable when: 17
(a) The other person was obstructing a highway or other public passage; 18
(b) The obstruction of the highway or other public p assage was unauthorized 19
and in violation of state law or a local ordinance; 20
(c) The defendant was operating a motor vehicle in a lawful manner to flee 21
from the immediate area of an obstruction of a highway or other public 22
passage; and 23
(d) A reasonable pers on in the same circumstances would believe that the 24
obstruction of the highway or other public passage: 25
1. Created an imminent threat to personal safety; or 26
2. Prevented escape from a dangerous situation. 27
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(2) The use of deadly physical force by a defendant operating a motor vehicle that 1
comes into contact with another person is justifiable under subsection (1) of this 2
section only when a reasonable person in the same circumstances as the 3
defendant would believe that the obstruction of the highway or other p ublic 4
passage posed an imminent risk of serious physical injury or death. 5
(3) As used in this section, "obstructing a highway or other public passage" means 6
any conduct that is prohibited under Section 3 of this Act. 7
Section 2. KRS 525.015 is amended to read as follows: 8
(1) As used in this section, "emergency responder" means state or local law 9
enforcement personnel, fire department personnel, corrections officers, [and 10
]emergency medical personnel , and those contracted f or official use by emergency 11
responders. 12
(2) A[No] person shall not: 13
(a) Intentionally obstruct or disrupt; 14
(b) Conspire to obstruct or disrupt; or 15
(c) Facilitate another person obstructing or disrupting; 16
an emergency responder from performing his or her official duties. 17
(3) Obstructing an emergency responder is: 18
(a) A Class B misdemeanor[A violation] for the[a] first offense;[, and] 19
(b) A Class A[B] misdemeanor for the[a] second [or subsequent ]offense; and 20
(c) A Class D felony for a third or subsequent offense. 21
(4) The court, in imposing a sentence on a defendant who has been convicted of 22
obstructing an emergency responder: 23
(a) Shall: 24
1. Notwithstanding KRS 534.040, impose a fine of one thousand dollars 25
($1,000); or 26
2. If the defendant is indigent pursuan t to KRS Chapter 31, require the 27
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defendant to perform community service commensurate with the 1
amount of the fine imposed under subparagraph 1. of this paragraph; 2
and 3
(b) May order restitution to any agency or organization for the reasonable costs 4
of the em ergency response incurred by that agency or organization for the 5
obstruction of an emergency responder. 6
Section 3. KRS 525.140 is amended to read as follows: 7
(1) A person is guilty of obstructing a highway or other public passage when having no 8
legal privilege to do so he or she, alone or with other persons:[,] 9
(a) Intentionally or wantonly renders; 10
(b) Conspires to render; or 11
(c) Facilitates another person rendering; 12
any highway or public passage impassable without unreasonable inconvenience or 13
hazard. 14
(2) A[No] person shall not be convicted under this section solely because he or she 15
is:[of] 16
(a) Attending a gathering of persons to hear another person [him] speak or 17
otherwise communicate; or[ or solely because of] 18
(b) Speaking or otherwise communicating to a gathering of persons, if the 19
speaker had the legal privilege or prior authorization to hold the 20
gathering[Being a member of such a gathering]. 21
(3) [An order to disperse issued by ] A peace officer or other public servant engaged in 22
executing or enforcing the law shall not issue an order to disperse [and] addressed 23
to a person whose speech or other lawful b ehavior attracts an obstructing audience 24
[shall not be deemed lawful ] if the obstruction can be readily remedied by police 25
control of the [size or ]location of the gathering. 26
(4) Obstructing a highway or other public passage is: 27
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(a) A Class B misdemeanor for the first offense; 1
(b) A Class A misdemeanor for the second offense; and 2
(c) A Class D felony for a third or subsequent offense. 3
(5) The court, in imposing a sentence on a defendant who has been convicted of 4
obstructing a highway or other public passage: 5
(a) Shall: 6
1. Notwithstanding KRS 534.040, impose a fine of one thousand dollars 7
($1,000); or 8
2. If the defendant is indigent pursuant to KRS Chapter 31, require the 9
defendant to perform community service commensurate with the 10
amount of the fine impose d under subparagraph 1. of this paragraph; 11
and 12
(b) May order restitution to any agency or organization for the reasonable costs 13
of the emergency response incurred by that agency or organization for the 14
obstruction of a highway or other public passage. 15
SECTION 4. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 16
READ AS FOLLOWS: 17
(1) Any person who violates Section 2 or 3 of this Act or any person, corporation, 18
limited liability company, or other business entity who aids, abet s, directs, 19
promotes, or funds a violation of Section 2 or 3 of this Act shall be liable for 20
actual and punitive damages, court costs, and reasonable attorney's fees in a civil 21
cause of action brought by any person, corporation, limited liability company, or 22
other business entity who was injured by the violation of Section 2 or 3 of this 23
Act. 24
(2) The action may be filed in the Circuit Court for the county where the alleged 25
violation occurred or the county where the victim resides. 26
(3) Any person, corporation, limited liability company, or other business entity found 27
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liable under this section shall be jointly and severally liable with each other 1
person, if any, found liable for the damages arising from the same violation of 2
Section 2 or 3 of this Act. 3
(4) A conviction under Section 2 or 3 of this Act shall be admissible in a civil action 4
brought under this section as prima facie evidence of liability. 5
Section 5. KRS 413.140 is amended to read as follows: 6
(1) The following ac tions shall be commenced within one (1) year after the cause of 7
action accrued: 8
(a) An action for an injury to the person of the plaintiff, or of his or her 9
spouse[her husband, his wife], child, ward, apprentice, or servant; 10
(b) An action for injuries to persons, cattle, or other livestock by railroads or 11
other corporations, with the exception of hospitals licensed pursuant to KRS 12
Chapter 216; 13
(c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal 14
conversation, or breach of promise of marriage; 15
(d) An action for libel or slander; 16
(e) An action against a physician, surgeon, dentist, or hospital licensed pursuant 17
to KRS Chapter 216, for negligence or malpractice; 18
(f) A civil action[,] arising out of any act or omission in rendering[,] or failing to 19
render[,] professional services for others, whether brought in tort or contract, 20
against a real estate appraiser holding a certificate or license issued under 21
KRS Chapter 324A or a real estate broker or sales assoc iate holding a license 22
issued under KRS Chapter 324; 23
(g) An action for the escape of a prisoner [,] arrested or imprisoned on civil 24
process; 25
(h) An action for the recovery of usury paid for the loan or forbearance of money 26
or other thing[,] against the loaner or forbearer or assignee of either; 27
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(i) An action for the recovery of stolen property[,] by the property owner [thereof 1
]against any person having the property[same] in his or her possession; 2
(j) An action for the recovery of damages or the value of stolen property, against 3
the thief or any accessory; 4
(k) An action arising out of a detention facility disciplinary proceeding, whether 5
based upon state or federal law; 6
(l) An action for damages arising out of a deficiency, defect, omission, error, or 7
miscalculation in any survey or plat, whether brought in tort or contract, 8
against a licensed professional land surveyor holding a license under KRS 9
Chapter 322; 10
(m) An action for violating KRS 311.782;[ and] 11
(n) An action for violating KRS 311.731; and 12
(o) An action under Section 4 of this Act. 13
(2) A cause of action under [In respect to the action referred to in paragraph (e) of] 14
subsection (1)(e) of this section [, the cause of action] shall be deemed to acc rue at 15
the time the injury is first discovered or in the exercise of reasonable care should 16
have been discovered,[;] provided that the[such] action shall be commenced within 17
five (5) years from the date on which the alleged negligent act or omission is said to 18
have occurred. 19
(3) A cause of action under [In respect to the action referred to in paragraph (f) or (l) 20
of] subsection (1)(f) or (l) of this section [, the cause of action] shall be deemed to 21
accrue within one (1) year from the date of the occurrence o r from the date when 22
the cause of action was, or reasonably should have been, discovered by the party 23
injured. 24
(4) A cause of action under [In respect to the action referred to in paragraph (h) of] 25
subsection (1)(h) of this section[, the cause of action] shall be deemed to accrue at 26
the time of payment. This limitation shall apply to all payments made on all 27
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demands, whether evidenced by writing or existing only in parol. 1
(5) A cause of action under [In respect to the action referred to in paragraph (i) of] 2
subsection (1)(i) of this section [, the cause of action] shall be deemed to accrue at 3
the time the property is found by its owner. 4
(6) A cause of action under [In respect to the action referred to in paragraph (j) of] 5
subsection (1)(j) of this section [, the cause of action] shall be deemed to accrue at 6
the time of discovery of the liability. 7
(7) A cause of action under [In respect to the action referred to in paragraph (k) of] 8
subsection (1)(k) of this section[, the cause of action] shall be deemed to accrue o n 9
the date an appeal of the disciplinary proceeding is decided by the institutional 10
warden. 11
(8) A cause of action under [In respect to the action referred to in] subsection (1)(m) 12
and (n) of this section [, the cause of action] shall be deemed to accrue afte r the 13
performance or inducement or attempt to perform or induce the abortion. 14
Section 6. KRS 503.085 is amended to read as follows: 15
(1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, [ and] 16
503.080, and Section 1 of this Act is justified in using such force and is immune 17
from criminal prosecution and civil action for the use of such force, unless the 18
person against w hom the force was used is a peace officer, as defined in KRS 19
446.010, who was acting in the performance of his or her official duties and the 20
officer identified himself or herself in accordance with any applicable law, or the 21
person using force knew or rea sonably should have known that the person was a 22
peace officer. As used in this subsection, the term "criminal prosecution" includes 23
arresting, detaining in custody, and charging or prosecuting the defendant. 24
(2) A law enforcement agency may use standard pr ocedures for investigating the use of 25
force as described in subsection (1) of this section, but the agency shall[may] not 26
arrest the person for using force unless it determines that there is probable cause 27
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that the force [that was ]used was unlawful. 1
(3) The court shall award reasonable attorney's fees, court costs, compensation for loss 2
of income, and all expenses incurred by the defendant in defense of any civil action 3
brought by a plaintiff, if the court finds that the defendant is immune from 4
prosecution as provided in subsection (1) of this section. 5