Leading the change on issues affecting survivors

Crimes and Punishments

HB 20

J. Hodgson, E. Callaway, D. Grossberg

Create a new section of KRS Chapter 189 to define terms related to automated license plate readers; establish limitations on use and sale of data captured by automated license plate readers; provide that captured license plate data may be retained longer than 60 days only if it is being used in a criminal or insurance investigation or has become subject to a preservation of evidence notification; provide that any recorded images or data captured by an ALPR may be made available to the National Insurance Crime Bureau or its successor organization; create a new section of KRS Chapter 411 to define terms and establish limitations on the introduction of identification devices on or within the human body; create a new section of KRS Chapter 413 to establish a statute of limitations for an action filed for introduction of an identification device; amend KRS 508.152, relating to the unlawful use of tracking devices, to include the installation of a tracking device on the person or property of another without their consent and exempt parental tracking of minors from the prohibition.

Passed out of House 02/21/25.

Expands the prohibition against using a tracking device on the person or property, including phones and motor vehicles, of another without their knowledge and consent. This helps our legal system expand its understanding of the harm that can be caused to survivors even when there may not be evidence of physical violence. The expansion enhances the ability of police and prosecutors to assist survivors experiencing this type of abuse (stalking).

Crimes and Punishments

HB 21

J. Hodgson, E. Callaway, D. Grossberg

Create a new section of KRS Chapter 411 to define terms and establish limitations on "deep fakes"; create a new section of KRS Chapter 413 to establish a statute of limitations for an action filed for the unlawful dissemination of a deep fake; create a new section of KRS Chapter 519 to establish a criminal penalty for illegally disseminating a deep fake.

Assigned to SBIT 02/04/25

Allows for prosecution of abusive partners who use “deep fake” images and videos to establish and maintain power and control over a survivor. By allowing our legal system to recognize this type of abuse, this bill helps our legal system understand that intimate partner violence is a pattern of abusive behaviors that extends beyond physical violence.

Education/Child Abuse Reporting

HB 36

J. Tipton

Create a new section of KRS Chapter 160 to prohibit a public school district or public charter school from entering into a nondisclosure agreement relating to misconduct involving a minor or student; amend KRS 160.380 to define "abusive conduct"; require school district applicants to disclose being the subject of any investigations or disciplinary actions in the previous 12 months relating to abusive conduct and consent to a reference check; require school districts to conduct reference checks; require nonpublic schools and public school districts to disclose any investigations or disciplinary actions related to abusive conduct of applicants; provide immunity for disclosures made about school employee conduct; require school districts to request all related information from public and nonpublic schools and the Education Professional Standards Board (ESPB); require schools and EPSB to provide the records; require requests for information to be satisfied in 10 working days; require EPSB to create and implement procedures for information requests; require all school district applicants to list all schools of previous and current employment on the application; require a school district to internally report and investigate to completion all allegations of abusive conduct; require all records relating to an allegation of abusive conduct to be retained in an employee's personnel file unless the allegation is proven false; provide that that certain requirements apply to public charter schools; amend KRS 156.160 to direct the Kentucky Board of Education to include employment standards in the voluntary certification standards for private schools; make technical corrections; amend KRS 160.151 to define "certified nonpublic school"; require employees of certified nonpublic schools to submit to a national and state criminal background check and a CA/N check; require certified nonpublic school personnel to have a state criminal background check every five years; prohibit a certified nonpublic school from hiring a violent or felony sex crime offender; require a certified nonpublic school to conduct reference checks on all applicants; prohibit a certified nonpublic school from entering into a nondisclosure agreement related to misconduct involving a minor or student; make technical corrections; amend KRS 156.095 to require the Kentucky Department of Education to develop a training related to sexual misconduct and inappropriate relationships for employees to undergo every five years; make technical corrections; amend KRS 161.151 to conform; require that an allegation of abusive conduct be reported pursuant to KRS 620.030; amend KRS 158.4431 and 156.492 to make conforming changes.

Assigned to Primary & Secondary Education 02/04/25

Seeks to protect children from abuse or misconduct from school personnel by changing non-disclosure agreement, background check, and hiring practices. This bill also helps prevent adverse childhood experiences (ACEs), which increase the risk for future trauma, including intimate partner violence (IPV).

Corrections

HB 38

J. Tipton

Amend KRS 403.763 and 456.180 to enhance criminal penalties for repeated violations of an order of protection; establish what constitutes a repeated violation.

Delivered to the Governor for signature 03/14/25.

Stiffens the penalty for anyone, including abusive partners, who violates any protective order three or more times in five years. This is an attempt to make protective orders more effective at deterring abusive partners from continuing their abusive behavior.

Courts

HB 96

S. Dietz, K. Banta, and others.

Amend KRS 403.720, relating to orders of protection, to define "coercive control" and "stalking"; amend the definition of "domestic violence and abuse" to include coercive control of a family member or member of an unmarried couple; amend KRS 456.010 to define "coercive control"; amend the definition of "dating violence and abuse" to include coercive control of a person with whom the perpetrator is or has been in a dating relationship; amend KRS 209A.122 to require the Administrative Office of the Courts to provide information on petitions for orders of protection where the basis of the petition is coercive control and whether parties to a petition for an order of protection were represented by a legal representative.

Passed out of Judiciary 02/26/25.

Allows survivors who otherwise might not be able to establish the grounds for a protective order under current law to prove to a court that the abusive partner has engaged in a pattern of behavior meant to cause physical, emotional or psychological harm and interfere with their free will and liberty.

Crime Victims/Work

HB 107

N. Kulkarni, S. Heavrin

Amend KRS 341.370 to prohibit disqualification from benefits for workers unemployed as a result of domestic violence and abuse, dating violence and abuse, sexual assault, or stalking; create a new section of KRS Chapter 341 to direct the secretary of the Education and Labor Cabinet to promulgate administrative regulations; amend KRS 341.125 to require the secretary to provide training to personnel who process claims related to domestic or dating violence and abuse, sexual assault, or stalking and to report to the Legislative Research Commission annually the number of claims paid involving domestic or dating violence and abuse, sexual assault, or stalking; amend KRS 341.360 to conform; amend KRS 341.530 to charge benefits to pooled account for workers displaced from employment through domestic or dating violence and abuse, sexual assault, or stalking; amend KRS 341.550 to prevent benefit payments from pooled account from impacting an employer's experience rating.

Assigned to EDWI 02/04/25

Allows survivors to collect unemployment benefits so that they can remain financially stable and seek new employment while escaping from an abusive partner. A lack of financial security is one of the main reasons survivors stay in or return to abusive relationships. Policies that support the economic stability of survivors support the safety of survivors.

Crimes and Punishments

HB 291

N. Wilson and others

Create new sections of KRS Chapter 533 to define terms; require the court, upon conviction of the defendant, to consider the defendant's status as a primary caretaker of a dependent child unless the defendant is a violent offender, the victim is a child, or a statute prohibits an alternative sentence; require the court, upon a finding that the defendant is a primary caretaker of a dependent child, to consider an alternative sentence; provide that the defendant shall have the right to present an alternative sentencing plan and a family impact statement to the court; provide that in issuing an alternative sentence, the court may require the defendant to participate in programs and services that support the parent-child relationship; provide that the court may modify or revoke the alternative sentence and commit the defendant to an institution if the defendant fails to adhere to or complete the conditions of an alternative sentence; require the Administrative Office of the Court to report annually, beginning in 2026, to the Kentucky State Corrections Commission and to the Legislative Research Commission on the number, percentage, and demographics of parents and children impacted under this Act; provide that the Act may be cited as the Primary Caretaker Consideration Act.

Assigned to Senate F&C 03/04/25.

This bill would require the court to consider an alternative sentence upon finding that the defendant is a primary caretaker of a dependent child. Both domestic violence and parental separation are adverse childhood experiences (ACEs) that impact a child’s resiliency. By creating alternative sentences for survivors who are primary caregivers, we can prevent ACEs thereby decreasing the risk for future trauma, including intimate partner violence (IPV).

Courts

HB 330

G. Brown Jr., B. Chester-Burton

Amend KRS 527.010 to define "domestic abuse offense," "domestic violence protective order," and "physical force"; create new sections of KRS Chapter 527 to create the crimes of possession of a firearm by a convicted domestic abuser and possession of a firearm by the subject of a domestic violence protective order; require the surrender of firearm by individuals subject to protective orders or convicted of specified crimes; amend KRS 403.740 and 456.060 to require courts to inform the subject of a domestic violence order or an interpersonal protective order of the firearm possession prohibition.

Assigned to Judiciary 02/07/25

Creates crimes for possession of a firearm by an abusive partner convicted of a domestic violence crime or with a DVO or dating violence IPO against them and creates a process for abusive partners to surrender their firearms to law enforcement. When male abusive partners have access to a firearm, the risk they will shoot and kill their female partner increases by over 1,000%. Further, many who are killed in domestic violence-related shootings are children, family members, people who intervene, first responders, and strangers. Survivors and the broader community are safer when abusive partners do not have firearms.

Courts

HB 534

S. Witten, S. Dietz, N. Kulkarni

Create a new section of KRS Chapter 383 to provide automatic expungement of records upon dismissal of actions for forcible entry and detainer; amend KRS 383.250 to provide for sealing of records.

Assigned to House Judiciary 02/21/25.

This bill would expunge housing records related to dismissed eviction cases. Housing records associated with eviction can hinder survivors' ability to find safe new housing. Securing stable housing is crucial for survivors as they work towards living independently from an abusive relationship.

Courts

SB 44

C. Armstrong

Amend KRS 453.060 to require the applicable court to order the Finance and Administration Cabinet to pay guardian ad litem and warning order attorney fees on behalf of an indigent person; amend KRS 23A.200 and KRS 24A.170 to require the applicable court to order the Finance and Administration Cabinet to pay domestic relations commissioner fees on behalf of an indigent person.

Introduced to Appropriations and Revenue

Provides financial assistance to qualifying financially-underresourced survivors going through a divorce or custody case where the case is assigned to be heard by a domestic relations commissioner, which is an attorney appointed by a judge to hear certain domestic relations issues in family law cases.

Courts

SB 46

C. Armstrong

Amend KRS 403.730, relating to petitions for orders of protection, to allow for service in accordance with Rule 4.05 of the Kentucky Rules of Civil Procedure in addition to personal service; amend KRS 403.745, relating to the effective date of protective orders, to allow for service in accordance with Rule 4.05 of the Kentucky Rules of Civil Procedure in addition to personal service; amend KRS 453.060 to direct that attorney's fees for a warning order attorney shall be paid by the Finance and Administration Cabinet; amend KRS 456.040, relating to petitions for interpersonal protective orders, to allow for service in accordance with Rule 4.05 of the Kentucky Rules of Civil Procedure in addition to personal service; amend KRS 456.070, relating to the effective date of interpersonal protective orders, to allow for service in accordance with Rule 4.05 of the Kentucky Rules of Civil Procedure in addition to personal service.

Introduced to Judiciary

Allows protective order cases to move forward where the alleged abusive partner is actively avoiding law enforcement so they cannot be served with notice of the protective order. Currently, protective orders do not legally go into effect against the respondent until they have been served. So an abusive partner can evade service and continue their abuse with fewer consequences. This bill would address the gap in the intended safety effects of protective orders.

Taxes

SB 47

C. Armstrong

Create a new section of KRS Chapter 141 to establish a refundable Kentucky child credit for taxpayers with qualifying children under the age of six; authorize a maximum credit of $1,000 per qualifying child for individuals with income below $50,000 for single taxpayers and $100,000 for married taxpayers filing jointly; provide that individuals with incomes above the specified thresholds may be eligible for a reduced child credit; amend KRS 141.0205 to order the credit; amend KRS 131.190 to allow the Department of Revenue to report on the credit.

Referred to Appropriations and Revenue 02/04/25

Provides monetary support to eligible survivor households. A lack of financial security is one of the main reasons survivors stay in or return to abusive relationships. Policies that support the economic stability of survivors support the safety of survivors.

Fees

SB 53

C. Armstrong

Amend KRS 453.060 to require the court to order the Finance and Administration Cabinet to pay guardian ad litem and warning order attorney fees on behalf of an indigent person; amend KRS 23A.200 and 24A.170 to require the court to order the Finance and Administration Cabinet to pay domestic relations commissioner fees on behalf of an indigent person.

Introduced to Appropriations & Revenue

Combination of Senate Bills 44 and 46. Provides financial assistance to qualifying financially-underresourced survivors going through a divorce or custody case where the case is assigned to be heard by a domestic relations commissioner and allows protective order cases to move forward where the alleged abusive partner is actively evading service.

Expiration of Protective Orders

SB 54

C. Armstrong

Amend KRS 209A.122, relating to data tracking and dissemination, to require the Administrative Office of the Courts to provide the Criminal Justice Statistical Analysis Center the number of protective orders rescinded under KRS 403.735 and 456.050; amend KRS 403.735 and 456.050, relating to the continuance of protective orders, to extend the time period for expiration from 6 months to 12 months.

Introduced to Judiciary

Allows EPOs/tIPOs to be active for a longer period of time (12 months rather than the current 6 months) during which service upon the respondent can be sought. This bill creates more certainty that the legal protections of a protective order continue until the court hears all matters it needs to hear in order to determine whether the temporary protective order will become a long-term protective order; facilitates the granting of continuances for the hearing based on litigation issues.

Guardian Ad Litem

SB 55

C. Armstrong

Amend KRS 403.100 to require a guardian ad litem that is appointed for any minor child in a dissolution or custody proceeding under KRS Chapter 403 be paid a reasonable fee fixed by the court and paid by the Finance and Administration Cabinet when the respondent and petitioner have an active order of protection and both parties are indigent.

Introduced to Appropriations & Revenue

Provides financial assistance to qualifying financially-underresourced survivors going through a divorce or custody case in which a Guardian Ad Litem is appointed to represent the interests of the respondent or any involved children.

Court

SB 56

C. Armstrong

Amend KRS 403.735, relating to continuance of an emergency protective order, to allow the petitioner to be excused from future court appearances until the respondent has been served; amend KRS 456.050, relating to continuance of an interpersonal protective order, to allow the petitioner to be excused from future court appearances until the respondent has been served.

Introduced to Judiciary

Relieves survivors from repeated court appearances while waiting for the abusive partner to be served notice of a protective order. Repeated court appearances can be very disruptive to everyday life. They may require burdensome transportation arrangements, interfere with caretaking responsibilities, or even get a survivor fired from their job for repeated absences.

Corrections, Crimes and Punishment, Education

SB 73

J. Adams

Create a new section of KRS Chapter 531 to establish the crime of sexual extortion as a felony; provide for enhancements to penalties; create a new section of KRS Chapter 411 to establish a civil cause of action for sexual extortion; amend KRS 17.500 to include sexual extortion in the definition of "sex crime"; create a new section of KRS Chapter 158 to require superintendents of local school districts to notify students in grades four and above and parents and guardians of all students of the crime of sexual extortion; create a new section of KRS Chapter 158 to require local school boards to display posters in schools with the definition of sexual extortion and contact information for entities offering assistance to victims; amend KRS 164.2518 to require postsecondary institutions to display posters with the definition of sexual extortion and contact information for entities offering assistance to victims in residential facilities and buildings containing instructional spaces, student services, or academic support services.

Passed in House 03/07/25.

Makes sextortion a felony; requires schools and colleges to provide students and parents with information about sextorition as well as resources for victims of sextortion. This bill would help our legal system recognize sextortion as a crime when it is part of a domestic violence case. It would also help prevent adverse childhood experiences (ACEs), which increase the risk for future trauma, including intimate partner violence (IPV).