House Bill 5 – also called the Safer Kentucky Act – seeks to curb crime in the commonwealth through a major revamp of Kentucky’s criminal code. The legislation would institute stiffer penalties for repeat violent offenders and address other issues regarding incarceration, homelessness, and public safety.
The bill is headed to the full Senate for consideration after passing out of a Senate committee Thursday. If it passes, the bill would be sent back to the House for approval of any changes made by the Senate.
Under the bill, anyone who sells or distributes fentanyl that causes a fatal overdose could be charged with manslaughter. In addition, HB 5 would classify carjacking as a class B felony and increase the penalties for fleeing or evading police, among other changes.
The legislation has undergone debate and revisions since it was introduced in the House in January. Supporters and detractors offered another round of impassioned testimony during Thursday’s meeting.
Rep. Jared Bauman, R-Louisville, the bill’s primary sponsor, said he’s grateful the bill is being augmented.
“I deeply appreciate you engaging with us in a constructive way so we can help sharpen this bill and make a couple small changes to improve it,” he told the committee.
A cosponsor, House Majority Whip Jason Nemes, R-Middletown, said the bill’s approach focuses on providing both treatment and cracking down on violence.
The annual number of murders in Louisville has soared from around 80 a decade ago to between 150 and 188 in the last four years, he said, adding that “violent crime in Kentucky is spiraling out of control.”
Ryan Straw, vice president of the Kentucky State Fraternal Order of Police, testified that police officers aren’t looking to go out and arrest people as easily as possible. But he said HB 5 contains many provisions that speak to the needs of law enforcement.
However, several others testified with concerns about how the bill would affect homeless Kentuckians. One of them was Elli Keeley-Fine of St. Francis of Assisi Catholic School in Louisville. She represented her class, and said the students pray for the homeless people.
“For the past year, my class has spent over 2,000 hours serving the homeless and witnessing the trauma and hopelessness that defines the sacred spaces in which they live. We bring you the lessons of our heart and of our faith and ask you to reconsider House Bill 5,” she said.
Mandi Fugate Sheffel, who owns a bookstore in Hazard, also testified against the bill, saying she used to be addicted to oxycontin and is proud to now be a business owner and someone who can meaningfully contribute to her community.
“In eastern Kentucky, our jails are already overcrowded and we don’t need to be spending money on new jails,” she said.
Sen. Karen Berg, D-Louisville, voted against the measure and said she’s worried about gun violence involving children.
“In my experience as a physician working in the emergency room at one of the two Level 1 trauma centers that we have in this state, the prevalence of guns and the availability of guns for our children has skyrocketed,” she said.
She asked if the bill would address minors’ gun access.
Nemes said the bill doesn’t address gun access by minors directly, but there are two provisions that are related to the issue. If an adult uses a child to commit a crime, that results in a heightened penalty, he said. Also, if a gun is used in the commission of a crime, the individual would not be eligible for parole or probation, Nemes explained.
“But we always hear we don’t take gun crime seriously. House Bill 5 does,” Nemes said.
Senate President Robert Stivers, R-Manchester, addressed those who assist homeless individuals. He asked if they are aware of millions of dollars in the Senate budget to match a substantial investment by a group of bankers in Lexington to reduce homelessness.
He said the funding would support substance use disorder treatment, mental health treatment, and access to health care and housing.
Sen. Phillip Wheeler, R-Pikeville, voted in favor of the bill and said he commends the bill’s sponsors for their hard work and said Kentucky does struggle with crime.
“We do have a crime problem in Kentucky, and I think this bill will go a long way to address it by a multi-lateral approach. It gives people an option to improve their lives and get better by utilizing treatment, and at the same time it protects society from repeat violent offenders,” he said.
Read the latest version of the bill and track its progress here.
Information from the Kentucky Legislative Research Commission.
