Sunday, January 21, 2024

Kentucky wants to expand statewide residency restrictions to 3000 feet

In Kentucky, the state Supreme Court in Commonwealth v. Baker (2009) ruled “even though the General Assembly did not intend the statute to be punitive, the residency restrictions are so punitive in effect as to negate any intention to deem them civil. Therefore, the retroactive application of KRS 17.545 is an ex post facto punishment, which violates Article I, Section 10 of the United States Constitution, and Section 19(1) of the Kentucky Constitution.”

That is why the 3000 foot restrictions proposed in KY HB 67 (204) will only apply to those convicted after the law passes, but 3000 feet will tie Mississippi for longest restrictions in the US. 

https://apps.legislature.ky.gov/recorddocuments/bill/24RS/HB67/bill.pdf

HB 67

Summary: Amend KRS 17.545 to prohibit a registrant from residing within 3,000 feet of a high school, middle school, elementary school, preschool, publicly owned or leased playground, or licensed daycare facility; provide that the 3,000 feet restriction applies to any person who becomes a registrant after the effective date of this Act.

Sponsors Kim Banta, John Hodgson

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. KRS 17.545 is amended to read as follows:

(1) (a) 1. No registrant, as defined in KRS 17.500, shall reside within one thousand (1,000) feet of a high school, middle school, elementary school, preschool, publicly owned or leased playground, or licensed day care facility.[ The measurement shall be taken in a straight line from the nearest property line to the nearest property line of the registrant's place of residence.]

2. This paragraph shall apply to any person who became a registrant before the effective date of this Act.

 (b) 1. No registrant, as defined in KRS 17.500, shall reside within three thousand (3,000) feet of a high school, middle school, elementary school, preschool, publicly owned or leased playground, or licensed day care facility.

(b) 2. This paragraph shall apply to any person who becomes a registrant after the effective date of this Act.

(c) The measurement required under this subsection shall be taken in a straight line from the nearest property line to the nearest property line of the registrant's place of residence.

...

(3) For purposes of this section:

(a) The registrant shall have the duty to ascertain whether any property listed in subsection (1) of this section is within:

1. One thousand (1,000) feet of the registrant's residence, if the person became a registrant before the effective date of this Act;

2. Three thousand (3,000) feet of the registrant's resident, if the person becomes a registrant after the effective date of this Act; and

(b) If a new facility opens, the registrant shall be presumed to know and, within ninety (90) days, shall comply with this section.

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