- The Kentucky House of Representatives voted in favor of a sweeping criminal justice bill Thursday. If the bill becomes law, harsher penalties will be imposed to deter illegal activities.
- The bill now goes to skeptical Gov. Andy Beshear.
- “It’s hard to comment on a bill that tries to do so much,” Beshear said of the bill. “I think we should have split it into separate bills.”
Kentucky Republican lawmakers on Thursday finished work on a comprehensive criminal justice bill that would impose harsher penalties to combat crime. In a final stand before final passage, opponents warned the bill would come at a high price and there was no guarantee a tougher approach would reduce crime.
After another lengthy debate, the House voted 75-23 to send the bill to Democratic Gov. Andy Beshear. This massive bill is a priority for many in the supermajority Republican Congress.
The governor said he likes aspects of the expansive bill but dislikes others, including a provision creating an illegal camping offense that critics say criminalizes homelessness. It shows.
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“It’s hard to comment on a bill that tries to do so much,” Beshear said recently. “I think we should have split it into separate bills.”
House Bill 5 is one of the most controversial bills this Congress, making numerous changes to the state’s criminal code, increasing many current penalties and creating new crimes.
Supporters argued the bill was a necessary policy shift to hold criminals accountable and make communities safer.
Republican Rep. Jason Nemeth defended the bill against fierce criticism from Democrats, saying, “If you’re convicted of a violent crime, you’re going to go to Congress and you’re going to be sentenced to a long time in prison.” “It will be.”
One of its hallmark features is the creation of a “three-strikes” sentence, which means felons who commit a third violent crime are locked up for life.
Kentucky State Capitol, January 14, 2020, Frankfort, Kentucky. (AP Photo/Timothy D. Easley, File)
Opponents say the bill fails to delve deeper into the root causes of crime and warn that costs could rise by putting more people behind bars and serving longer sentences.
“Strengthening penalties may make us feel safer on paper, but whether it actually makes us safer remains to be seen,” said Democratic Rep. Tina Bojanowski. I don’t know.”
To strengthen public safety, she will temporarily take guns away from people facing mental health crises, better protect victims of domestic violence, and access housing. proposed alternative measures, such as improving the system, but these were not covered by the law. Other critics said a more effective way to fight crime would be to raise the minimum wage and increase spending on rehabilitation services.
Supporters of the bill focused primarily on urban crime in pushing for tougher policies. A law enforcement report released last year found that major crime rates across Kentucky decreased in 2022, with fewer reported homicides, robberies and drug crimes.
Opponents said the prospect of more criminal offenders serving long sentences would significantly increase correctional costs in the Bluegrass State and further strain on overcrowded prisons.
A fiscal memo attached to the bill says the overall fiscal impact is “unknown” but would likely result in “significant increases in spending, primarily due to increased incarceration costs.”
The measure would be added to a list of violent crimes that require offenders to serve most of their sentences before being eligible for release.
Another key section aims to combat the fentanyl epidemic by creating harsher penalties when distribution of fentanyl results in a fatal overdose. Fentanyl is a powerful synthetic opioid believed to be a major factor in the state’s high number of drug overdose deaths.
This section, which has sparked the most heated debate, would create an “illegal camping” crime for homeless people. This means people who sleep or camp in public places, such as on roads, sidewalks, under bridges, and in front of businesses and public buildings, can be arrested. The first violation will be treated as a violation and subsequent violations will be designated as misdemeanors. People could sleep in public vehicles for up to 12 hours without being charged with illegal camping.
Advocates say thousands of people experience homelessness in Kentucky on any given night.
The bill would create a separate carjacking law with increased penalties. Another provision provides immunity for workers and business owners who use “substantial force” to prevent theft or protect themselves or their businesses.
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The bill’s lead sponsor is Republican Rep. Jared Bauman, and the bill has dozens of co-sponsors.
