Kentucky crime

Foreign-born residents include naturalized citizens and lawfully and unlawfully present noncitizens. A provision about a particular immigration status concerns only a subset of that population; it does not change a person’s birthplace. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Residents who are foreign-born. This record’s connection to the topic does not establish an effect on the measured result.

SECTION 1. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO READ AS FOLLOWS: As used in Sections 1 to 8 of this Act, unless context otherwise requires: (1) "Applicable criminal case" means a criminal case in which the judgment requires the defendant to be confined in a secure correctional facility and the record of the case indicates that the defendant is subject to an immigration detainer or is otherwise subject to a transfer to federal custody; (2) "Federal immigration agency" means the United States Department of Justice, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Customs and Border Protection, and any other federal agency or successor agency charged with the enforcement of immigration law; (3) "Immigration detainer" means a facially sufficient written or electronic request issued by a federal immigration agency using that agency’s official form to request that another law enforcement agency detain a person because there is probable cause to believe that the person to be detained is a removable alien under federal immigration law, including detainers issued pursuant to 8 U.S.C. secs. 1226 and 1357 along with a warrant described in paragraph (b) of this subsection. For purposes of this subsection, an immigration detainer is deemed facially sufficient if: (a) The federal immigration agency’s official form is: 1. Complete and indicates on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law; or 2. Incomplete and fails to indicate on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law, but is supported by an affidavit, order, or other official documentation that indicates that the federal immigration agency has probable cause to believe that the person to be detained is a removable alien under federal immigration law; and (b) The federal immigration agency supplies with its detention request a Form I-200 Warrant for Arrest of Alien, a Form I-205 Warrant of Removal/Deportation, or a successor warrant or other warrant authorized by federal law; (4) "Inmate" means a person in the custody of a law enforcement agency; (5) "Law enforcement agency" means: (a) Any public agency that employs a police officer as defined in KRS 15.420(2)(a) or a special law enforcement officer as defined in KRS 61.900(6)(a) to (e); (b) Any public agency that is composed of or employs other public peace officers; (c) Jailers; (d) Metropolitan correctional services departments operating under KRS Chapter 67B; (e) The Department of Corrections as organized under KRS Chapter 196 or any of its subunits; (f) A campus security authority as defined in KRS 164.948 of a public institution operating under KRS Chapter 164; and (g) Any other agency in this state charged with enforcement of state, county, municipal, or federal laws or with managing custody of detained persons in this state; (6) "Local government" means a city, county, charter county government, consolidated local government, urban-county government, or unified local government; (7) "Sanctuary policy" means a law, policy, practice, procedure, or custom adopted or allowed by a state entity or local government which prohibits or impedes a law enforcement agency from complying with 8 U.S.C. sec. 1373 or which prohibits or impedes a law enforcement agency from communicating or cooperating with a federal immigration agency that acts to limit or prohibit a law enforcement agency from: (a) Complying with an immigration detainer; (b) Complying with a request from a federal immigration agency to notify the agency before the release of an inmate or detained person in the custody of the law enforcement agency; (c) Providing a federal immigration agency access to an inmate for interview; (d) Participating in any program or agreement authorized under 8 U.S.C. sec. 1357(g); or (e) Providing a federal immigration agency with an inmate’s incarceration status or release date; and (8) "State entity" means the state or any office, board, bureau, commission, department, branch, division, cabinet, or institution thereof, including public institutions operating under KRS Chapter 164. SECTION 2. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO READ AS FOLLOWS: A state entity, law enforcement agency, or local government shall not adopt or have in effect a sanctuary policy regarding aliens unlawfully present in the United States. SECTION 3. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO READ AS FOLLOWS: (1) A law enforcement agency shall use all resources reasonably available to it to support the enforcement of federal immigration law. (2) Except as otherwise expressly prohibited by federal law, a state entity, law enforcement agency, or local government, or an employee, agent, or representative of a state entity, law enforcement agency, or local government shall not prohibit or in any way restrict a law enforcement agency from taking any of the following actions with respect to information regarding a person's immigration status: (a) Sending to or requesting, receiving, or reviewing information from a federal immigration agency for the purposes set out in Sections 1 to 8 of this Act; (b) Recording and maintaining information for the purposes set out in Sections 1 to 8 of this Act; (c) Exchanging information with a federal immigration agency or another state entity, law enforcement agency, or local government for the purposes set out in Sections 1 to 8 this Act; (d) Using information to comply with an immigration detainer; or (e) Using information to confirm the identity of a person who is detained by a law enforcement agency. (3) This section shall apply to an official, representative, agent, or employee of a state entity, law enforcement agency, or local government only when he or she is acting within the scope of his or her official duties or employment.

The fact measures reported violent offenses per 100,000 people, with incomplete and varying agency coverage. FBI violent crime includes murder and nonnegligent manslaughter, rape, robbery and aggravated assault. Prevention, reporting or a specified offense concerns one component; this is distinct from homicide mortality, nonviolent offenses and all unreported crime. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Reported violent-crime rate. This record’s connection to the topic does not establish an effect on the measured result.

SECTION 9. A NEW SECTION OF KRS CHAPTER 515 IS CREATED TO READ AS FOLLOWS: (1) A person is guilty of carjacking when he or she takes a motor vehicle in the possession of another without lawful authority or ownership, from the possessor's person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against the possessor's or passenger's will and with the intent to either permanently or temporarily depr ive the possessor of the motor vehicle of his or her possession, accomplished by means of force or intimidation. (2) Carjacking is a Class B felony. (3) A person shall not be convicted of a violation of this section and a violation of KRS 515.020 or KRS Chapter 514 arising from the same act.

The fact counts deaths whose underlying cause is homicide. The provision addresses a defined prevention, investigation, measurement, or homicide-offense mechanism; a general criminal penalty or post-offense benefit alone does not demonstrate homicide prevention. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Homicide deaths. This record’s connection to the topic does not establish an effect on the measured result.

(14) (a) Notwithstanding any provision of law to the contrary, the portions of the external child fatality and near fatality review panel meetings during which an individual child fatality or near fatality case is reviewed or discussed by panel members may be a closed session and subject to the provisions of KRS 61.815(1) and shall only occur following the conclusion of an open session. At the conclusion of the closed session, the panel shall immediately convene an open session and give a summary of what occurred during the closed session. (b) The external child fatality and near fatality review panel shall develop a procedure for discussion of cases that are being reviewed by the panel with th e agency that was responsible for the investigation of the case and shall include the following requirements: 1. Any discussions about a case shall be held in a closed session; 2. Anything said by an employee of the investigating agency shall not be used a s evidence in any civil, criminal, or administrative hearing; 3. Any employee of the investigating agency may attend with the employee or employees who investigated the case being discussed; and 4. The investigating agency shall not be asked to attend unti l after final judgment was entered by the court in that case or the Commonwealth declined to prosecute the case. (15) Each member of the external child fatality and near fatality review panel, any person attending a closed panel session, and any pers on presenting information or records on an individual child fatality or near fatality shall not release information or records not available under the Kentucky Open Records Act, KRS 61.870 to 61.884 to the public.

Firearm mortality includes suicide, homicide, and other intents. The provision concerns firearm access, safety, or prevention of firearm injury and may address only part of the death count. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

SECTION 1. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO READ AS FOLLOWS: (1) As used in this section: (a) "Provisional license" means a license to carry concealed firearms or other deadly weapons issued pursuant to this section; and (b) "Standard license" means a license to carry concealed firearms o r other deadly weapons issued pursuant to KRS 237.110. (2) The Department of Kentucky State Police shall issue provisional licenses to carry concealed firearms or other deadly weapons, or a combination thereof, to persons who: (a) Are eighteen (18) years of age but younger than twenty-one (21) years of age; and (b) Notwithstanding KRS 237.110(4)(c), otherwise meet the criteria set forth in KRS 237.110(4) and the requirements of KRS 237.110(3). (3) (a) Except as provided in this section, the issuance and reg ulation of provisional licenses to carry concealed firearms and deadly weapons shall be governed by KRS 237.110. (b) Any reference in the Kentucky Revised Statutes to a license issued pursuant to KRS 237.110 shall also be considered a reference to a provisional license issued pursuant to this section. (4) A provisional license issued pursuant to this section shall: (a) Be valid throughout the Commonwealth and, except as provided in other specific sections of the Kentucky Revised Statutes or federal law, per mit the holder of the provisional license to carry firearms, ammunition, other deadly weapons, or a combination thereof, at any location in the Commonwealth; (b) Unless revoked or suspended as provided by law, be valid until the holder turns twenty -one (21) years of age; (c) Authorize the holder of the provisional license to carry a concealed firearm, other deadly weapon, or a combination thereof, on or about his or her person; and (d) Authorize the holder of the provisional license to carry ammunition for a firearm on or about his or her person. (5) A provisional license issued under this section shall be readily distinguishable from a standard license issued pursuant to KRS 237.110. (6) (a) Not less than ninety (90) days before the expiration of the provisional license, the Department of Kentucky State Police shall mail to the holder of the provisional license a written notice of the expiration and an application to switch from a provisional license to a standard license. The application to switch fro m a provisional license to a standard license shall be in a format prescribed by the Department of Kentucky State Police. (b) The outside of the envelope shall bear only the name and address of the applicant. No other information relating to the applicant shall appear on the outside of the envelope sent to the applicant. (c) The holder of a provisional license may apply for a standard license by: 1. Filing with the sheriff of his or her county of residence the paper application form under this subsection, o r filing with the Department of Kentucky State Police an electronic application form in lieu of a paper application form; 2. Stating that he or she remains qualified pursuant to the criteria specified in KRS 237.110(3) and (4); and ACTS OF THE GENERAL ASSEMBLY 2 3. Paying an application fee prescribed by the Department of Kentucky State Police. (d) The sheriff shall issue to the applicant a receipt for the paper application to switch from a provisional license to a standard license and shall date the receipt. The Department of Kentucky S tate Police shall issue to the applicant a receipt for an electronic application to switch from a provisional license to a standard license and shall date the receipt. (e) A standard license under KRS 237.110 shall be issued to a qualified applicant upon: 1. Receipt of the completed application to switch from a provisional license to a standard license; 2. Records check as specified in KRS 237.110(3); 3. Determination that the applicant is not ineligible for a standard license as specified in KRS 237.110(4); and 4. Appropriate payment of fees. Upon issuance of the standard license, the provisional license shall be destroyed by the sheriff. (f) The holder of a provisional license who fails to submit an application to switch from a provisional license to a standard license within six (6) months of the expiration of the provisional license shall be required to submit an application under KRS 237.110. (g) A standard license issued under this subsection shall not be valid until an applicant is twenty -one (21) yea rs of age. A provisional licensee who applies for a standard license under this subsection shall not be required to retake the firearms training described in KRS 237.110(4). (7) A provisional license which has expired shall be void and shall not be valid f or any purpose other than surrender to the sheriff in exchange for a standard license. (8) The Department of Kentucky State Police may promulgate any necessary administrative regulations in accordance with KRS Chapter 13A to administer this section.

Firearm mortality includes suicide, homicide, and other intents. The provision concerns firearm access, safety, or prevention of firearm injury and may address only part of the death count. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

2.NICS reportNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing, with respect to the preceding year, the demographic data of persons who were determined to be ineligible to purchase a firearm based on a background check performed by the National Instant Criminal Background Check System, which shall include, disaggregated by the reason for the determination of ineligibility, the following:(1)The race, ethnicity, national origin, sex, gender, age, disability, average annual income, and English language proficiency, if available.(2)In the case of each person whose determination of ineligibility was overturned on appeal, the race, ethnicity, national origin, sex, gender, age, dis-ability, average annual income, and English language proficiency, if available.

Firearm mortality includes suicide, homicide, and other intents. The provision concerns firearm access, safety, or prevention of firearm injury and may address only part of the death count. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

2.Repeal of the gun-free school zones act of 1990 and amendments to that act (a)In generalSection 922 of title 18, United States Code, is amended by striking subsection (q). (b)Related amendments (1)Section 921(a) of such title is amended by striking paragraphs (25) through (27) and redesignating paragraphs (28), (29), and (32) through (37) as paragraphs (25) through (32), respectively. (2)Section 924(a) of such title is amended— (A)in paragraph (1)(B), by striking (k), or (q) and inserting or (k); and (B)by striking paragraph (4) and redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively. (3) The Gun-Free School Zones Act of 1990 (18 U.S.C. 921 note, 922 note; section 1702 of Public Law 101–647; 104 Stat. 4844–4845) is repealed.

Firearm mortality includes suicide, homicide, and other intents. The provision concerns firearm access, safety, or prevention of firearm injury and may address only part of the death count. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

2.Minimum age for obtaining a handgun from a Federal firearms licensee(a)In generalSection 922(b)(1) of title 18, United States Code, is amended by striking , and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age.(b)Conforming amendmentSection 922(c)(1) of such title is amended by striking , in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle,.

Firearm mortality includes suicide, homicide, and other intents. The provision concerns firearm access, safety, or prevention of firearm injury and may address only part of the death count. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

3.The right to keep and bear arms (a)In generalSection 927 of title 18, United States Code, is amended to read as follows: 927.The right to keep and bear arms (a)No State or political subdivision of a State may impose a criminal or civil penalty on, or otherwise indirectly limit the carrying of firearms (including by imposing a financial or other barrier to entry) in public by residents or nonresidents of that State who are citizens of the United States and otherwise eligible to possess firearms under State and Federal law. (b)Any statute, ordinance, regulation, custom, or usage of a State or a political subdivision of a State that criminalizes, penalizes, or otherwise indirectly dissuades the carrying of firearms (including by imposing a financial or other barrier to entry) in public by any resident or nonresident who is a United States citizen and otherwise eligible to possess firearms under State and Federal law, shall have no force or effect. (c)The term State as used in this section includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). (d)The term public as used in this section— (1)includes any place held open to the public, regardless of ownership, but in the case of a privately-owned location held open to the public, does not include a place where the owner communicates clearly and conspicuously a prohibition of firearms on the premises; and (2)does not include a place where screening for firearms is conducted under State law.. (b)Clerical amendmentThe table of sections for such chapter is amended by striking the item relating to section 927 and inserting the following: 927. The right to keep and bear arms..

Firearm mortality includes suicide, homicide, and other intents. The provision concerns firearm access, safety, or prevention of firearm injury and may address only part of the death count. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Firearm deaths · Reported property-crime rate. This record’s connection to the topic does not establish an effect on the measured result.

SECTION 1. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO READ AS FOLLOWS: (1) As used in this section, "safe storage depository" means a safe or other secure container which, when locked, is incapable of being opened without the key, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of its contents. (2) A person who owns or is a custodian of a firearm shall not store or otherwise leave the firearm out of his or her immediate possession or control without having first securely locked the firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun-locking device appropriate to that weapon. SECTION 2. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO READ AS FOLLOWS: (1) (a) Any owner or other person lawfully in possession of a firearm who suffers the loss or theft of the firearm or any person who sells ammunition who suffers a loss or theft of ammunition shall report the facts and circumstances of the loss or theft to an appropriate law enforcement agency within twenty-four (24) hours of the discovery of the loss or theft. (b) The report required by paragraph (a) of this subsection shall contain, if known, the caliber, make, model, manufacturer’s name, and serial number, if any, and any other distinguishing number or identification mark on the firearm, or the make, type, and caliber of the ammunition. (2) A law enforcement agency that receives a report pursuant to subsection (1) of this section shall enter the reported information into the National Crime Information Center database.