COMMONWEALTH OF KENTUCKY LEGISLATIVE RESEARCH COMMISSION

GENERAL ASSEMBLY LOCAL MANDATE FISCAL IMPACT ESTIMATE

2006 REGULAR SESSION 2005 INTERIM

MEASURE

2006 RS BR / 1296 / Amendment: / Committee / Floor
Bill #: / HB 333 SCS / Amendment #
SUBJECT/TITLE / An Act relating to crimes and punishments and declaring an emergency
SPONSOR / Rep. Mike Weaver

MANDATE SUMMARY

Unit of Government: / X / City; / X / County; / X / Urban-County
X / Charter County / X / Consolidated Local

Program/

Office(s) Impacted: / local law enforcement, local jails
Requirement: / X / Mandatory / Optional

Effect on

Powers & Duties / X / Modifies Existing / X / Adds New / Eliminates Existing

PURPOSE/MECHANICS

HB 333 SCS creates a new section of KRS Chapter 525 to establish the crime of disorderly conduct in the first degree, and modifies KRS 525.060 to establish the crime of disorderly conduct in the second degree. The measure creates a new section of KRS Chapter 525 to establish the crime of disrupting meetings and processions in the first degree, and modifies KRS 525.150 to establish the crime of disrupting meetings and processions in the second degree. HB 333 SCS creates a new section of KRS Chapter 525 to establish the crime of interference with a funeral. The measure includes an emergency clause.

FISCAL EXPLANATION/BILL PROVISIONS / ESTIMATED COST

The fiscal impact of HB 333 SCS on local governments is expected to be minimal. The crimes of disorderly conduct and disrupting meetings or processions are currently classified as Class B misdemeanors. HB 333 SCS adds conditions to distinguish between disorderly conduct or disrupting meetings or processions in the first or second degree. First degree violations are classified as a Class A misdemeanor, second degree violations are classified as a Class B misdemeanor. The crime of interference with a funeral is classified as a Class B misdemeanor.

Local governments will be responsible for incarcerating individuals charged with violating the provisions of HB 333 SCS. Individuals convicted of a Class A misdemeanor could be incarcerated in the local jail for up to one year and individuals convicted of a Class B misdemeanor could be incarcerated in the local jail for up to 90 days, at an average cost of approximately $31.68 per day, entirely at the local government's expense.

The number of cases constituting a crime under HB 333 SCS is expected to be small, therefore, the costs borne by local governments would be minimal.

DATA SOURCE(S) / Kentucky Department of Corrections; Kentucky Jailers Association; Administrative Office of the Courts
PREPARER / Lynn Aubrey / REVIEW / DATE

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