Criminal Justice

Propose to amend Section 145 of the Constitution of Kentucky to automatically restore the voting rights and civil rights of persons convicted of certain felonies upon completion of their imprisonment, probation, and parole; provide ballot language; submit to voters for ratification or rejection.

Create a new section of KRS Chapter 15A to create the juvenile services fund within the Department of Juvenile Justice; appropriate money to the fund; APPROPRIATION; EMERGENCY.

Amend KRS 17.500 to expand the definition of "registrant information"; amend KRS 17.510 to allow a sex offender registration form to be submitted electronically; require a registrant to update any registrant information within 3 days; amend KRS 17.520 to expand those offenses eligible for lifetime registration; increase the 20 year registration for all other offenses to 25 years; amend KRS 17.580 to require the Department of Kentucky State Police to display additional information on the sex offender registry website beginning on or before July 1, 2027; amend KRS 17.165, 160.130, 160.151, and 161.185 to conform; make technical corrections.

This bill amends Kentucky law to clarify how appeals work for juvenile dispositional orders. It allows juveniles to appeal certain court decisions directly to the Circuit Court as a matter of right, rather than needing special permission. The bill also specifies that these appeals must follow standard criminal procedure rules and be heard quickly, with the court prioritizing the child's best interests. This change affects the legal process for juvenile offenders in Kentucky by streamlining their right to appeal sentencing decisions.

Amend KRS 209.990 to add persons age 65 and older to who can be a victim of exploitation; increase the amount of money lost to a person who knowingly exploits a victim from more than $300 to more than $500 and increase the penalty from a Class C felony to a Class B felony; increase the amount of money lost to a person who wantonly or recklessly exploits a victim from more than $300 to more than $500 and increase the penalty from a Class D felony to a Class C felony; increase the amount of money lost to a person who knowingly, wantonly, or recklessly exploits a victim from $300 or less to $500 or less and increase the penalty from a Class A misdemeanor to a Class D felony; allow the Attorney General to demand the Governor of another state to surrender a person found in another state who is charged in Kentucky with exploitation; amend KRS 292.338 to require registered investment advisor representatives to complete at least 3 hours of continuing education covering financial exploitation each reporting period; amend KRS 365.245 to require a qualified person to create and maintain a record of a temporary hold, develop training policies and programs and conduct training on issues regarding financial exploitation, and develop, maintain, and enforce procedures regarding internal review before placing a temporary hold a specified adult's account.

Create a new section of KRS Chapter 455 to establish mediation in criminal cases; establish professional requirements for mediators and parameters for mediation.

This bill creates a new criminal offense in Kentucky for the malicious distribution of images without consent, making it a Class B misdemeanor. It applies to individuals who intentionally share images online with the intent to sexually arouse others, degrade or exploit the person depicted, or invite comments involving sexual or abusive fantasies. The law specifically excludes internet service providers and telecommunications companies from liability when they host content provided by others. Importantly, a conviction under this new law would not require the offender to register as a sex offender. Consent to create an image does not automatically mean consent to distribute it, and the distribution must cause harm to a reasonable person to be considered a crime.

Amend KRS 525.080, relating to harrassing communications, to include sending repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, torment, embarass, or offend another and include posts to social media or an internet website any material that is reasonably likely to cause emotional distress, abuse, or torment; elevate harassing communications from a Class B misdemeanor to a Class A misdemeanor.

Amend KRS 610.200 to define "custodial interrogation"; require a peace officer to arrange for a child to consult with legal counsel prior to any interview or custodial interrogation; amend KRS 610.220 and 630.040 to conform; make technical corrections.

Amend KRS 15A.020, relating to the Department of Juvenile Justice in the Justice and Public Safety Cabinet, to remove the Office of Program Operations and the Office of Community and Mental Health Services; add the Office of Rehabilitation and Reentry Services and divisions within the office; remove the Division of Program Services from the Office of Support Services and add divisions; amend KRS 15A.064 to conform.