Stumbo: Kentucky’s Children Are At Risk and Need Greater Protection Under Megan’s Law

>> Sex Offender Registry

FRANKFORT, KY (April 19, 2005) – During a noon press conference, Attorney General Greg Stumbo appealed to lawmakers to increase protection under Megan’s Law. Stumbo and State Representative Joni Jenkins (D-Shively) are proposing legislation that closes loopholes that have developed in the law.

“The cases of Jessica Lunsford and Sarah Lunde, two Florida children killed by convicted sex offenders, have caught the attention of the nation,” Stumbo said. “But the list of people victimized by sex offenders is extensive and names keep being added. We have not done enough to protect our vulnerable children…not in Florida…nor in Kentucky.”

The sex offender charged with killing Jessica Lunsford lived near her home, and had failed to register his address with authorities. Currently, there are 4,868 people on Kentucky’s Sex Offender Registry. However a loophole in Kentucky’s version of Megan’s Law makes failure to register only a misdemeanor for sex offenders put on the registry prior to April, 2000. Failure to register is a Class D Felony for sex offenders put on the registry since then.

During the last two legislative sessions, Attorney General Stumbo has proposed legislation that would improve Megan’s Law. In February, State Representative Joni Jenkins 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. The proposed bill did not make it out of committee. Stumbo says that the time is now to build support to ensure passage of this much needed legislation.

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 neighborhoods. 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.”

“I was proud to sponsor this legislation and will sponsor similar legislation during the next session. The few substantive changes the bill will make to the Law will have a huge impact on the long-term applicability, the viability and constitutionality of the statutes,” said Representative Jenkins. “I urge my fellow lawmakers to make this legislation a priority and I urge citizens to call their legislator and ask them to ensure that Kentucky’s version of Megan’s Law provides the maximum protection for our children.”

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

Also in attendance at the press conference were Eileen Recktenwald, Executive Director, Kentucky Association of Sexual Assault Programs; Jill Seyfred, Executive Director of Prevent Child Abuse Kentucky; and Connie Riddell, Co-Director of the Sunshine Center.