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.