Legislation

This act comprehensively updates Kentucky's stalking laws by expanding definitions to include electronic and social media harassment, strengthening penalties and victim protections, streamlining protective order procedures, and ensuring consistency across related statutes. This legislative act overhauls Kentucky's laws regarding stalking by repealing the existing statutes for stalking in the first and second degree (KRS 508.140 and 508.150) and replacing them with a new, comprehensive definition and set of penalties. The new law broadens the definition of stalking to include a wider range of behaviors, such as following, monitoring, observing, surveilling, threatening, or interfering with another person's property, whether directly or indirectly and by any means, including electronic communications and social media platforms. It clarifies that constitutionally protected activities are excluded from the definition of stalking, with courts required to determine the validity of such claims as a matter of law. The act also provides a detailed definition of 'social media platform' to address modern forms of harassment and stalking. Under the new provisions, a person is guilty of stalking if they knowingly engage in a course of conduct directed at another that seriously alarms, annoys, intimidates, or harasses the victim, serves no legitimate purpose, and causes substantial mental distress. Stalking is classified as a Class D felony, but it is elevated to a Class C felony under certain aggravating circumstances, such as when a protective order is in place, a deadly weapon is involved, or the victim is placed in reasonable fear of sexual contact, physical injury, or death. The act also amends related statutes to ensure consistency with the new stalking law, including those governing protective orders, the Safe at Home Program, arrest powers of peace officers, civil actions for stalking, and persistent felony offender sentencing. The act introduces a $30 administrative fee for convictions of stalking and related sex crimes, with most of the proceeds allocated to the Safe at Home Program, which provides address confidentiality for victims. Courts are permitted to waive the fee for indigent defendants. The law also expands the scope of property subject to forfeiture in stalking cases involving electronic devices and enhances the Attorney General's subpoena powers in investigations involving electronic communications. Civil remedies are strengthened, allowing victims or their guardians to bring actions for damages within two years of the last act of stalking, with the possibility of punitive damages and attorney's fees. Significant changes are made to the issuance of protective orders. A guilty verdict or plea for stalking now automatically operates as an application for an interpersonal protective order, which may be issued for up to ten years and renewed in similar increments. The act ensures that existing restraining and protective orders remain valid for their original duration and provides for their conversion to the new order structure upon renewal. The law also clarifies the arrest authority of peace officers in cases involving violations of interpersonal protective orders and updates definitions and procedures in related statutes to align with the new stalking framework. Overall, this act modernizes Kentucky's approach to stalking by addressing technological means of harassment, strengthening protections for victims, streamlining the issuance of protective orders, and ensuring that legal remedies and law enforcement powers are consistent and robust. The changes align with the mission of organizations focused on victim protection, legal clarity, and the effective prosecution and prevention of stalking and related offenses.

The bill regulates the use of Automated License Plate Readers in Kentucky by restricting their deployment to specific public safety and administrative purposes, imposing strict data retention and sharing rules, requiring agency transparency and oversight, and establishing penalties for misuse to protect individual privacy. This legislation establishes comprehensive regulations for the use of Automated License Plate Readers (ALPRs) in Kentucky, aiming to balance public safety objectives with privacy protections. The bill defines key terms related to ALPR technology and restricts its use to specific purposes, such as regulating parking, controlling access to secured areas, promoting public safety, deterring crime, addressing auto theft, and certain functions of the Transportation Cabinet like toll and road fund revenue collection, and commercial vehicle enforcement. Only public agencies, law enforcement agencies, and the Transportation Cabinet or their agents are permitted to deploy ALPRs, and only for the outlined lawful purposes. The legislation imposes strict limitations on the retention, use, and sharing of captured license plate data, generally prohibiting its preservation for more than 90 days unless it is needed for ongoing investigations, training (with redacted data), auditing, or is subject to a subpoena or preservation notice. Data sharing is limited to law enforcement, insurance entities, and financial institutions under specific conditions, with new notification requirements for insurance and loan applicants effective January 1, 2027. Law enforcement agencies must adopt and publicly disclose written ALPR use policies, including database lists, data retention rules, training protocols, oversight mechanisms, access controls, and regular audits every 90 days. Before acting on an ALPR alert, officers must visually confirm the match and ensure compliance with agency policy and law. The Transportation Cabinet is tasked with establishing a permit process and promulgating regulations for ALPR installation on highway rights-of-way. The bill amends KRS 189.990 to introduce penalties for violations of these new ALPR provisions, setting fines between $20 and $2,000 and/or up to one year of county jail time. The legislation aligns with privacy protection goals by setting clear boundaries on surveillance technology use, mandating transparency, and providing for individual notification and consent in certain data-sharing scenarios, while still supporting law enforcement and public safety functions.

The act requires Kentucky public schools and postsecondary institutions to display the Ten Commandments in every classroom by January 1, 2027, using only donated materials, and amends existing law to permit broader display of religious and historical documents in schools. This legislative act mandates the conspicuous display of the Ten Commandments in every classroom of Kentucky public schools, public charter schools, and public postsecondary education institutions by January 1, 2027. The law repeals and reenacts KRS 158.178, providing detailed legislative findings that cite U.S. Supreme Court decisions (Van Orden v. Perry, American Legion v. American Humanist Association, and Pleasant Grove City v. Summum) to justify the historical and cultural significance of the Ten Commandments in American civic life and education. The required display must be at least 16 by 20 inches, feature the specified text of the Ten Commandments, and include a context statement outlining their historical role in American education. Importantly, the act prohibits the use of public funds for these displays, requiring that only donated materials be used, and directs the Kentucky Department of Education and the Council on Postsecondary Education to identify and publicize free resources to assist compliance. The act also amends KRS 158.195 to explicitly allow the posting or reading of the Ten Commandments, among other historical documents, in public schools, and prohibits content-based censorship of American history or heritage based on religious references. Additionally, the act requires, beginning in the 2025-2026 school year, that public schools serving grades 6-12 display information about child labor laws in both English and Spanish in prominent locations and on school websites. The legislation aligns with organizations focused on religious liberty, historical education, and the intersection of faith and public life, while raising potential concerns for groups advocating for strict church-state separation.

The act increases criminal and civil penalties for obstructing public roadways in Kentucky, expands justifications for motorists' use of force in such situations, and provides legal immunity for drivers acting under perceived threats, while also creating new civil liabilities for violators and those who support them. This legislative act amends and introduces several provisions in Kentucky law concerning the obstruction of public roadways and the use of force by motorists in such situations. The bill establishes that a motorist's use of physical force, including deadly force, is justifiable if the driver is fleeing an unauthorized obstruction of a highway or public passage and reasonably believes there is an imminent threat to personal safety or a need to escape a dangerous situation. The act amends KRS 525.015 and KRS 525.140 to broaden the definitions and penalties for obstructing emergency responders and public passages, including making conspiracy and facilitation of such acts punishable. Penalties are increased: a first offense is a Class B misdemeanor, a second offense is a Class A misdemeanor, and a third or subsequent offense is a Class D felony. Courts are required to impose a $1,000 fine or equivalent community service for indigent defendants and may order restitution for emergency response costs. The act also creates a new civil cause of action, allowing individuals or entities injured by violations of the obstruction statutes to seek actual and punitive damages, court costs, and attorney's fees from violators and those who aid or fund such violations. Liability is joint and several among all responsible parties, and a criminal conviction serves as prima facie evidence in civil proceedings. The statute of limitations for such civil actions is set at one year from the date the cause of action accrues, as amended in KRS 413.140. Additionally, the act amends KRS 503.085 to extend immunity from criminal prosecution and civil action to individuals who use force as justified under the new provisions, unless the force is used against a peace officer acting in the line of duty. Law enforcement agencies are restricted from arresting individuals who use force under these circumstances unless there is probable cause that the force was unlawful. If a defendant is found immune from prosecution, the court must award reasonable attorney's fees and related costs. Key points relevant to organizations focused on civil liberties, public safety, and protest rights include the increased criminal and civil penalties for obstructing roadways, the expanded justifications for motorists' use of force, and the potential chilling effect on public demonstrations. The legislation aligns with public safety priorities by aiming to deter unauthorized roadway obstructions and protect emergency responders, but it may raise concerns regarding the balance between public safety and the right to protest or assemble. Overall, the act significantly increases the legal risks and penalties for individuals and organizations involved in obstructing public roadways, while providing legal protections for motorists who use force in response to perceived threats during such obstructions.

This Act provides broad legal protections for Kentucky health care professionals and institutions to refuse participation in services that conflict with their conscience, prohibits discrimination or liability for such refusals, and establishes immediate enforcement and remedies to support recruitment and retention in the health care workforce. The Health Care Heroes Recruitment and Retention Act is designed to address Kentucky's health care workforce shortage by establishing comprehensive legal protections for the rights of conscience of health care professionals and institutions. The Act creates new sections within KRS Chapter 344, explicitly allowing health care professionals and institutions to refuse participation in any health care service that violates their sincerely held religious, moral, or ethical beliefs, as defined by the Act. These protections extend to a broad range of health care workers, including doctors, nurses, pharmacists, students, and employees of various health care facilities. The Act prohibits civil, criminal, or administrative liability and discrimination against individuals or institutions exercising these rights, and it ensures that such protections do not override federal requirements for emergency medical treatment or the collection of evidence in sexual assault cases. The legislation also provides whistleblower protections for health care professionals who report violations of the Act or related ethical or legal standards, and it restricts state agencies from taking adverse licensing or employment actions based on protected speech or conscience-based refusals, except where necessary to further a compelling government interest. The Act establishes a process for timely notification of complaints to health care professionals and imposes a $50 administrative penalty for every two weeks a complaint is not provided beyond a 25-day window. Individuals harmed by violations of the Act are granted a civil cause of action, with remedies including injunctions, damages, attorney's fees, and reinstatement. The Act is severable, ensuring that if any part is found invalid, the remainder remains effective. Declared an emergency measure, the Act takes effect immediately upon passage and approval.

Create new sections of KRS Chapter 610 to establish a pilot program to be known as the Supporting Opportunities for Accountability and Restoration Program for children who are truant; require the pilot program to be established in no less than 10 public school districts; establish the responsive interventions to support and empower teams; establish criteria for participation and procedure for the program; create a new section of KRS Chapter 159 to establish the duties of the director of pupil personnel in school districts that are participating in the pilot program; amend KRS 159.140 to conform; create a new section of KRS Chapter 160 to require schools to collect certain data relating to habitual truancy and require the Kentucky Department of Education to annually report data relating to habitual truancy to the Legislative Research Commission for referral to the Interim Joint Committee on Education and the Interim Joint Committee on Judiciary; amend KRS 610.030 to require the use of an evidence-based family screening tool to identify family strengths, needs, and risks; create family diversion plans and require a child's parent to participate; amend KRS 605.030 to require a court-designated worker to coordinate the pilot program in the school districts that participate; amend KRS 17.125 to allow responsive interventions to support and empower teams to access information on juveniles involved with the juvenile justice system; amend KRS 600.020 to amend the definition of "habitual truant" and define "Supporting Opportunities for Accountability and Restoration Program" or "SOAR Program" and "Responsive Interventions to Support and Empower Teams" or "RISE teams"; create a new section of KRS Chapter 630 to provide that a child who is alleged to be a status offender, adjudicated a status offender, or is a status offender alleged or found to have violated a valid court order shall not be detained in a secure detention facility until the child is at least 16 years old; amend various sections to conform; repeal KRS 630.100.

Create new sections of KRS Chapter 610 to establish a pilot program to be known as the Supporting Opportunities for Accountability and Restoration Program for children who are truant; require the pilot program to be established in no less than 10 public school districts; establish the responsive interventions to support and empower teams; establish criteria for participation and procedure for the program; create a new section of KRS Chapter 159 to establish the duties of the director of pupil personnel in school districts that are participating in the pilot program; amend KRS 159.140 to conform; create a new section of KRS Chapter 160 to require schools to collect certain data relating to habitual truancy and require the Kentucky Department of Education to annually report data relating to habitual truancy to the Legislative Research Commission for referral to the Interim Joint Committee on Education and the Interim Joint Committee on Judiciary; amend KRS 610.030 to require the use of an evidence-based family screening tool to identify family strengths, needs, and risks; create family diversion plans and require a child's parent to participate; amend KRS 605.030 to require a court-designated worker to coordinate the pilot program in the school districts that participate; amend KRS 17.125 to allow responsive interventions to support and empower teams to access information on juveniles involved with the juvenile justice system; amend KRS 600.020 to amend the definition of "habitual truant" and define "Supporting Opportunities for Accountability and Restoration Program" or "SOAR Program" and "Responsive Interventions to Support and Empower Teams" or "RISE teams"; create a new section of KRS Chapter 630 to provide that a child who is alleged to be a status offender, adjudicated a status offender, or is a status offender alleged or found to have violated a valid court order shall not be detained in a secure detention facility until the child is at least 16 years old; amend various sections to conform; repeal KRS 630.100.

The bill amends Kentucky's open records laws to clarify agency and residency definitions, require stricter proof of residency for records requests, and standardize request procedures and forms to ensure only Kentucky residents and qualifying entities can access public records.

The act requires Kentucky Medicaid to cover doula services, establishes a Doula Advisory Council to set standards and advise on maternal health, and outlines procedures for federal compliance and implementation