House Bill 1 (2010)

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House Bill 1 (or BR 251 2010) was prefiled on November 4, 2009 and introduced on January 5, 2010 by Representatives Greg Stumbo, Rocky Adkins, Will Coursey, Mike Denham, Tim Firkins, Kelly Flood, Keith Hall, Jimmy Lee, Sannie Overly, Ruth Ann Palumbo, Tom Riner, and Kevin Sinnette for the 2010 General Assembly.

It is an act relating to the use of global positioning monitoring systems including monitoring-related restrictions and sanctions in domestic violence cases.

BR 251 proposes to amend KRS 403.720 relating to domestic violence definitions to define "global positioning monitoring system"; amend KRS 403.740 relating to emergency protective orders to permit a court to restrain a respondent from going to or near specified locations; amend KRS 403.750 relating to domestic violence orders to permit court a to restrain a respondent from going to or near specified locations; create a new section of KRS Chapter 403 to permit the petitioner in a domestic violence order case to inform the court of places the petitioner does not want the respondent to go into or near; create a new section of KRS Chapter 403 to require the court to assess the respondent's dangerousness; create a new section of KRS Chapter 403 to a permit court, as part of a domestic violence order, to order a respondent to wear or carry global monitoring system device and permit a petitioner to carry a device notifying the petitioner that the respondent is nearby; require the court to notify the petitioner of the operation and limitations of global positioning monitoring system devices, and provide a penalty for removing or tampering with the device; create a new section of KRS Chapter 403 to require the Department of Corrections to contract with entities providing global positioning system monitoring services to provide services meeting the requirements of the statutes; name act the Amanda Ross Domestic Violence Prevention Act.[1]

Timeline

  • Nov 4 - Submitted to Interim Joint Committee on Judiciary.
  • Jan 5 - Introduced in House; to Judiciary (H).
  • Jan 6 - Taken from committee; 1st reading; recommitted to Judiciary (H); posting waived.
  • Jan 7 - Reported favorably, 2nd reading, to Rules with Committee Substitute, committee amendment (1-title) ; floor amendment (1) filed to Committee Substitute.
  • Jan 8 - Posted for passage in the Regular Orders of the Day for Tuesday, January 12, 2010.
  • Jan 11 - Floor amendments (2) and (3) filed to Committee Substitute, floor amendment (4-title) filed.
  • Jan 12 - 3rd reading, passed 97-0 with Committee Substitute, floor amendments (1) (2) (3) and (4-title).
  • Jan 13 - Received in Senate.
  • Jan 14 - Introduced to Judiciary (S).

Amendments

House Committee Substitute

  • Proposes to retain original provisions, except change references relating to a child of the petitioner to be a minor; delete provision requiring Department of Corrections to operate the monitoring program; create a new section of KRS Chapter 67 to permit a county or group of contiguous counties to operate a global positioning monitoring system; set requirements for counties operating a monitoring system, permit a county to charge an administrative fee in addition to the monitoring fee; create a new section of KRS Chapter 67 to set forth monitoring system and contract requirements; permits counties to operate monitoring programs for pretrial release, pretrial diversion, and probation programs; amend KRS 431.517 relating to pretrial release of a person on home incarceration to permit a court to include GPS monitoring; amend KRS 431.518 relating to pretrial release of persons with substance abuse problems to permit the court to include GPS monitoring; amend KRS 431.520 relating to pretrial release to permit the court to include GPS monitoring; amend KRS 533.250 relating to felony pretrial diversion programs to permit the court to include GPS monitoring; amend KRS 533.030 relating to probation to permit a court ordering probation or shock probation to order GPS monitoring.
  • Full Version of HCS
  • Local Mandate Fiscal Impact Estimate for HCS
  • Corrections Impact Statement for HCS

House Committee Amendment (1)

House Floor Amendment (1)

  • Introduced by Representative Thomas Kerr.
  • Proposes to amend Section 5(4) of the bill when a petitioner makes a request to require the respondent to participate in a global positioning monitoring system and conduct investigations about the respondent's past history of violence; require the court to weigh the likelihood that if the respondent is not ordered to participate in monitoring that respondent will likely seek to kill, physically injure, stalk, or otherwise threaten the petitioner or a minor child of the petitioner; enter an order with findings of fact and reasons why the petitioner's request is being granted or denied, and make technical corrections.
  • Full Version of HFA (1)

House Floor Amendment (2)

  • Introduced by Representative Greg Stumbo.
  • Proposes to replace requirements for the global positioning technology used by a county or group of contiguous counties that operates a global positioning monitoring system.
  • Full Version of HFA (2)

House Floor Amendment (3)

House Floor Amendment (4)

Links

References

  1. BR on lrc.ky.gov