Attorney General Stumbo and Representative Jenkins Propose Legislation to Protect Children
HB 455 is designed to provide Kentuckians greater protection under Megan’s Law

FRANKFORT, KY (February 15, 2005) – State Representative Joni Jenkins (D-Shivley) has introduced legislation to reorganize and consolidate all sections of the sex offender registration and notification statutes that have been created and amended over the last decade. House Bill 455 (HB 455) was developed by Attorney General Greg Stumbo’s Criminal Appeals Division, to ensure that Kentucky’s version of Megan’s Law (KRS 17.500) provides the maximum protection for citizens of the Commonwealth.

In 1994, Congress adopted the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Act to encourage individual states to adopt sex offender registration statutes. The purpose of those statutes is to give states the power to notify communities about child sex offenders or violent sex offenders that moved into neighbourhoods. Megan’s Law was named after seven-year-old Megan Kanka, a New Jersey girl who was raped and killed by a convicted sexual predator who had moved into her community without any notification.

In response to the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Act, the Kentucky General Assembly adopted the first version of Megan’s Law in 1994. The registration statute was very basic and was designed to protect the public from certain convicted sex offenders. In 1998, it was expanded to require more sex offenders to register and the public to be notified when a sex offender moved into the area. In 2000, it was again expanded to encompass not only persons who commit a sex crime, but also those who prey on minors.

“Over the past decade there have been substantial amendments that have inadvertently created loopholes and issues leading to attacks and challenges of the statutes, with some level of success,” Stumbo said. “The effect has been the chipping away at the statutes’ intent, preventing the maximum level of protection for the citizens of the Commonwealth.”

HB 455 renames the Kentucky statute. The bill may no longer be properly referred to as “Sex Offender Registration Act”, since it now includes both sex offenders and those who offend against minors. Under the proposed legislation, it will be referred to as the Kentucky Registration and Notification Act.

The bill removes the non-sexual portion of the offense of unlawful transaction with a minor in the first degree from the definition of “sex crime”. This important change addresses the current challenges to the statutes based on the improper referral of certain offenders as “sex offenders”, and the current requirement that these non-sex offenders complete sex offender treatment before receiving good time credit or being eligible for probation or parole.

“I am proud to sponsor this legislation. The few substantive changes made by the bill will have a huge impact on the long-term applicability, the viability and constitutionality of the statutes,” said Representative Jenkins.

“There is no greater right than a parent’s right to raise a child in safety and love. With this bill we want to give children the best protection possible in their own backyards,” Stumbo added.