2015 Legislative Summary

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2015 Kentucky General Assembly

The summary below was prepared by Carol E. Jordan, Executive Director of the Office for Policy Studies on Violence Against Women, University of Kentucky.

The 2015 Kentucky General Assembly was in session from January through April 2015.  It was a constitutionally-structured odd-year session, meaning it did not include consideration of the state’s biennium budget and was shorter in length.  In total, 548 House bills and 209 Senate bills were introduced this year. By comparison, in 2013 (the previous odd-year session), 458 House bills and 213 Senate bills were introduced.

The summary below includes legislation passed by the 2015 General Assembly that relates to domestic violence, sexual assault, stalking, criminal justice, firearms, adult protection, women's issues, and mental health. It includes 7 House bills and 3 House resolutions; and 5 Senate bills and 1 Senate resolution.

 

2015 General Assembly: Legislation by Chamber
BILL NUMBER SPONSOR(S) BILL TITLE BILL SUMMARY SENATE VOTE HOUSE VOTE GOV'S SIGNATURE
Senate            
SB 51 Sen. Morgan McGarvey (D)(19) AN ACT relating to mental health Amend KRS 202A.400, relating to the duty to take precautions against a patient's violent behavior, to expand the definition of "patient" to include persons currently under the outpatient care or treatment of mental health professionals. The bill also amends KRS 202A.028 to clarify that qualified mental health professionals include those individual qualified and licensed to perform an examination related to involuntary hospitalization through the use of telehealth services. 33-0 97-0 23-Mar-15
SB 54 Sen. Whitney Westerfield (R )(3) AN ACT relating to drug-dependent newborns Create a new section of KRS Chapter 218A to mandate priority access for pregnant women to substance abuse treatment or recovery service programs and prevent discrimination against pregnant women by substance abuse treatment or recovery service providers; amend KRS 625.050 to prevent the filing of a petition to terminate the parental rights of a pregnant woman who used a controlled substance during pregnancy if she, by the twentieth week of pregnancy, enrolls in and maintains compliance with both a substance abuse treatment or recovery program and prenatal care throughout the remaining term of that pregnancy; allow for sealing of court or cabinet records in regards to actions to terminate the parental rights of a mother suffering from a substance abuse disorder during pregnancy upon successful completion of a substance abuse treatment or recovery program. 37-0 98-0 30-Mar-15
SB 82 Sen. Max Wise (R)(16), R. Alvarado, D. Carroll, C. Embry Jr., J. Higdon, M. McGarvey, D. Parrett AN ACT relating to an income tax checkoff. . . and making an appropriation therefor. Create a new section of KRS Chapter 141 to permit a contribution to be made to the pediatric cancer research trust fund to be made via a tax refund designation; require the designation to be printed on the face of the individual income tax form; require a description of the trust fund in the individual income tax return instructions; require the Revenue Cabinet to transfer the funds designated to the pediatric cancer research trust fund. Create new sections of KRS Chapter 211 to establish the trust fund, the trust fund board, and duties of the board; add a new section of KRS Chapter 141 to allow individuals with an income tax refund to designate a portion of the refund to the rape crisis center trust fund; create a new section of KRS Chapter 211 to establish the rape crisis center trust fund; clarify that moneys in the fund shall be used to support the services listed in KRS 211.600(3) and shall not be expended for purposes of abortion services or abortion education; make title amendment. 37-0 100-0 1-Apr-15
SB 102 Sen. Danny Carroll (R )(2) AN ACT relating to criminal homicide Amend KRS 507.030 to include the death of a person caused by intentional abuse as a possible element of manslaughter in the first degree. Add that a person commits manslaughter first, when through circumstances not otherwise constituting the offense of murder, he or she intentionally abuses another person or knowingly permits another person of whom he or she has actual custody to be abused and thereby causes death to a person twelve (12) years of age or less, or who is physically helpless or mentally helpless. Allow Act to be cited as Conner's Law. 36-0 97-1 23-Mar-15
SB 119 Sen. Julie Raque Adams (R)(36), C. Embry Jr., M. McGarvey, R. Thomas AN ACT relating to child abuse and neglect prevention, recognition, and reporting training for school personnel Amend KRS 156.095 to require the Department of Education to develop child abuse and neglect prevention, recognition, and reporting training for school administrators, certified personnel; require local school boards to adopt the developed training. require the Department of Education to develop child abuse and neglect prevention, recognition, and reporting training for additionally for office staff, instructional assistants, and coaches and extracurricular sponsors who are employed by the school district. 32-4 87-8 19-Mar-15
SJR 20 Sen. Denise Harper Angel (D)(35)   Direct the Auditor of Public Accounts to study the number of sexual assault examination kits in the possession of Kentucky law enforcement and prosecutorial agencies that have not been sent to the Department of Kentucky State Police forensic laboratory for testing; require a report to the Legislative Research Commission by November 1, 2015. 36-0 98-0 23-Mar-15
SR 112 Sen. Julie Raque Adams (R)(36)   Recognize March as Sexual Assault Awareness Month in Kentucky      
House of Representatives            
HB 8 Rep. Joh Tilley (D)(8), Jenkins, L. Belcher, R. Benvenuti III, R. Bunch, T. Burch, L. Clark, R. Crimm, M. Denham, D. Graham, C. Harris, C. Howard, K. Imes, M. King, M. Marzian, T. McKee, R. Nelson, R. Palumbo, J. Richards, T. Riner, D. Schamore, R. Smart, F. Steele, W. Stone, G. Watkins, J. Wayne, S. Westrom, B. Yonts AN ACT relating to interpersonal protective orders Amend the definition of domestic violence and abuse in KRS Chapter 403 to include stalking; amend the definition of family member under the domestic violence and abuse act to include grandchildren; update process language in the chapter related to procedures for the filing, review, and hearing of the petition and issuance and service of a resulting protective order. Establish KRS Chapter 456 and create new sections thereof to allow persons to petition for interpersonal protective orders when the person has been the victim of dating violence and abuse, sexual assault, or stalking; define terms; set forth legislative intent; establish procedures for the filing, review, and hearing of the petition and issuance and service of a resulting protective order; provide court processes and evidentiary standards, county attorney protocols, a process for filing, authenticating, and enforcing protective orders from other states, entry of the orders into law enforcement systems, and law enforcement responsibilities; set penalties for violation of the order and protocols for ordering GPS monitoring of a respondent; create a new section of KRS 403.715 to 403.785; amend KRS 431.005 and 431.015 to account for warrantless arrests in dating violence situations; amend KRS 508.155 to provide a transition timeline for the existing stalking protective order system; create a new section of KRS Chapter 510 to establish a system for issuance of a protective order in rape, sodomy, and abuse cases; amend various other sections to conform; EFFECTIVE January 1, 2016. 37-1 100-0 1-Apr-15
HB 92 Rep. Leslie Combs (D)(94), J. Jenkins, R. Palumbo, J. Wayne AN ACT relating to alcohol and drug counseling Amend KRS 309.080 to define "licensed clinical alcohol and drug counselor," "licensed clinical alcohol and drug counselor associate," "licensee," "practice of alcohol and drug counseling," "registered alcohol and drug peer support specialist," and "registrant"; amend KRS 309.0805 to include "licensed clinical alcohol and drug counselor," "licensed clinical alcohol and drug counselor associate," and "registered alcohol and drug peer support specialist" among the titles that may not be used by persons not licensed, certified, or registered under KRS 309.080 to 309.089; amend KRS 309.081 to conform; amend KRS 309.0813 to include new licensure categories require the Board of Alcohol and Drug Counselors to promulgate administrative regulations to define the process to register with the board; create a new section of KRS 309.080 to 309.089 to establish requirements for registration as an alcohol and drug peer support specialist; amend KRS 309.083 to stipulate that certification requirements shall also include three hours of domestic violence training and training in suicide assessment, treatment, and management; create a new section of KRS 309.080 to 309.089 to establish requirements for licensure as a licensed clinical alcohol and drug counselor; create a new section of KRS 309.080 to 309.089 to establish requirements for licensure as a licensed clinical alcohol and drug counselor associate; create a new section of KRS 309.080 to 309.089 to require the board to promulgate regulations to define the process to register as a supervisor of record; amend KRS 309.084 to eliminate outdated language and require the board to temporarily extend licensure to certified alcohol and drug counselors with at least a master's degree; create a new section of KRS 309.080 to 309.089 permit licensure, certification, or registration by reciprocity; amend KRS 309.085, 309.086, 309.087, and 309.089 to conform; create a new section of KRS 309.080 to 309.089 to require the board to deposit all moneys into a revolving fund in the State Treasury; amend KRS 194A.540 to include licensed alcohol and drug counselors and alcohol and drug peer support specialists; amend KRS 210.366 to conform; amend KRS 222.005 to include licensed or certified alcohol and drug counselors under the term "qualified health professional." Authorize academic degrees to come from a regionally accredited college or university, or a college or university accredited by an agency recognized by the United States Department of Education. 35-1 98-0 20-Mar-15
HB 241 Rep. C Harris (D)(93) AN ACT relating to the Court of Justice Amend KRS 21A.110 to modify the method of calculating the per diem salary for retired judges or justices called to temporary active judicial service. 36-0 66-29 19-Mar-15
HB 316 Rep. Tom Burch (D)(30), R. Adkins, R. Benvenuti III, R. Bunch, L. Clark, H. Collins, B. DeWeese, K. Flood, D. Graham, J. Jenkins, M. Marzian, R. Meeks, R. Meyer, D. Owens, R. Palumbo, S. Riggs, T. Riner, J. Tilley, G. Watkins, S. Westrom, B. Yonts AN ACT relating to address protection and making an appropriation therefor Create a new section of KRS Chapter 23A and 24A to establish an additional administrative fee of $30 for perpetrators of domestic violence and abuse, sex crimes, and stalking; provide that $1.50 be placed in the general fund and the remainder be allocated to the address protection program fund; amend KRS 14.260 to establish the address protection program fund to establish, operate, and maintain the confidential address protection program. allow a fee to be charged for certain facilitation offenses; require that the Secretary of State expand program if funds are available. 38-0 94-0 1-Apr-15
HB 427 Rep. John Tilley (D)(8), L. Belcher, G. Brown, Jr., R. Bunch, L. Combs, M. Denham, C. Harris, C. Howard, M. Marzian, R. Meyer, S. Overly, R. Palumbo, J. Richards, D. Schamore, R. Smart, F. Steele, T. Thompson, S. Westrom, A. Wuchner, B. Yonts, J. York AN ACT relating to internet crimes against children and making an appropriation. Create a new section of KRS Chapter 23A to impose an additional ten-dollar fee as court costs in criminal cases heard in Circuit Court to supplement funding for the Kentucky State Police's Internet Crimes Against Children Task Force; create a new section of KRS Chapter 24A to impose an additional ten-dollar fee as court costs in criminal cases heard in District Court to supplement funding for the Kentucky State Police's Internet Crimes Against Children Task Force. Create a new section of KRS Chapter 529 in regard to commercial sexual activity with a minor which removes being mistaken about a minor's age as a defense to prosecution; amend KRS 531.330 to conform. 35-0 100-0 3-Apr-15
HR 108 Rep. Gregory D. Stumbo (D)(95)   Recognize March as Sexual Assault Awareness Month in Kentucky.      

 

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