Vote Smart's Synopsis:

Vote to pass a bill that establishes penalties for individuals convicted of certain crimes committed during a riot and also making it a crime to taunt or insult police officers.

Highlights:

• Defines a ‘riot’ as a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function (Sec. 1-17).

• Amends Kentucky statutes such that the use of defensive force is allowed in the following circumstances additionally (Sec. 2): 

• During a riot; 

• During an unlawful and forcible entry; 

• In an attempt to escape the immediate vicinity of an unlawful and forcible entry; or 

• If escape is being blocked or prevented. 

• Establishes enhanced sentences for defendants if it is proven beyond a reasonable doubt that (Sec. 3):

• The defendant wouldn't have committed a crime but for a riot; and 

• The defendant committed the crime: 

• During a riot; 

• In reasonable proximity to a riot; and

• With the knowledge that a riot was occurring. 

• Specifies the following penalties for each degree of conviction for crimes committed during riots, because of riots or in proximity to riots (Sec. 3): 

• If the crime is a Class B misdemeanor:

• The person is not entitled to be released on probation, shock probation, parole, conditional discharge or any form of early release before the expiration of 20% of the imposed sentence; and 

• A fine of $250 will be assessed.

• If the crime is a Class A misdemeanor:  

• The person is not entitled to be released on probation, shock probation, parole, conditional discharge or any form of early release before the expiration of 20% of the imposed sentence; and

• A fine of $500 will be assessed. 

• If the crime is a Class D Felony:

• The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release before the person's initial parole eligibility date consistent with administrative regulations; and

• A fine of $5000 will be assessed

• If the crime is a Class C Felony: 

• The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release before the person's initial parole eligibility date consistent with administrative regulations; and

• A fine of $7500 will be assessed.

• If the crime is a Class B Felony: 

• The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release before the person's initial parole eligibility date consistent with administrative regulations; and

• A fine of $10,000 will be assessed. 

• If the crime is a Class A Felony: 

• The person shall not be released on probation, shock probation, parole, conditional discharge, or any other form of early release before the person's initial parole eligibility date consistent with administrative regulations; and

• A fine of $10,000 will be assessed.

• Specifies that a person charged with an offense during a riot will not be released until 48 hours have passed from the time of arrest and the person appears in front of a judge (Sec. 4). 

• Specifies that a person is guilty of assault in the third degree if they additionally intentionally cause physical injury to a law enforcement officer or emergency services personnel using chemical agents or fireworks (Sec. 5). 

• Specifies that a person is guilty of assault in the fourth degree if they knowingly shine or aim a light, laser, or activated horn or other noise-making devices towards the head of a law enforcement officer or emergency services personnel with the intent to affect their ability to safely and adequately perform their duties (Sec. 6). 

• Specifies that a person is guilty of rioting in the first degree if they knowingly provide supplies to a riot that can be used as weapons or dangerous instruments (Sec. 10).

• Specifies that are person is guilty of disorderly conduct in the second degree if he or she accosts, insults, taunts, or challenges a law enforcement officer with offensive or derisive words, or by gestures or another physical contact, that would have a direct tendency to provoke a violent response from the perspective of a reasonable and prudent person (Sec. 12).

• Specifies that a person is guilty of obstructing a highway or other public passage if alone or with other persons, they intentionally or wantonly prevent law enforcement officers from accessing an assembly, protest, demonstration, or another gathering of people on a highway or public passage (Sec. 13).

Full Bill Text