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From YouTube: House Standing Committee on Judiciary (1/19/22)
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A
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Present
here
in
the
room,
as
always
start
every
meeting,
I'm
going
to
ask
everybody
if
they
can
to
put
your
phone
on
airplane
mode
if
possible,
the
equipment
here
is
sensitive
and
we
need
to
make
sure
that
all
votes
are
properly
recorded
and
sometimes
if
a
phone
goes
off
or
there's
interference,
it
won't
properly
record
your
vote.
Today
we
have
two
bills
for
consideration
and
the
first
one
we're
gonna
hear
is
house
bill
262
and
there
is
mr
sanders
rob
sanders.
Our
kenton
county
commonwealth
attorney
is
coming
forward.
A
I
will
tell
everyone
that
there
is
a
committee
substitute
on
this
bill
and
we'll
certainly
explain
that
during
the
process.
So
I'd
like
to
have
a
motion
to
adopt,
we
have
representative
fisher
made
the
motion
in
a
second
by
representative
bratcher,
all
in
favor
signify
by
saying
aye
aye
opposed.
There
is
none.
A
Okay
with
that
we're
going
to
have
him
do
a
presentation.
The
reason
that
representative
hevron
is
with
him-
and
we
also
have
somebody
else.
I
think
that's
going
to
come
forward
is
for
purposes
of
the
committee
sub,
but
the
way
we're
going
to
do
this
is
we're
going
to
let
commonwealth
attorney
sanders
talk
about
the
core
of
the
bill
and
the
there
is
a
there's.
Actually,
a
committee
sub
that
deals
with
two
different
areas.
He
will
deal
with
the
first
area
and
then
representative
headroom
will
deal
with
the
second
area.
F
Sorry,
I
hope
this
is
the
fastest
presentation
and
the
easiest
vote
that
you
make,
maybe
in
your
entire
legislative
careers,
but
definitely
this
session.
There
is
what
I
can
only
assume
was
a
drafting
flaw
and
oversight
and
proofreading
when
kentucky
passed.
The
incest
statute,
because,
as
it
reads,
it
makes
it
illegal
for
someone
to
have
intercourse
or
sexual
intercourse
with
the
person
they
know
to
be
an
aunt
or
uncle,
but
it
doesn't
say
anything
about
niece
or
nephew.
F
F
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F
In
the
lrc
staff,
when
they
went
to
drafting
this
fix
to
the
incest,
they
addressed
a
few
other
things
in
terms
of
the
punishment
level
and
there's
you'll
see
there
is
a
three-year
window.
So
to
speak
of
what
their
intention,
I
believe,
was
to
not
subject
someone
that
is
within
three
years
of
age,
to
the
victim
of
incest,
to
an
increased
punishment,
but
by
using
the
terms
consenting
adults
in
the
first
subsection
as
opposed
to
consenting
persons.
F
It
created
a
loophole
where,
if
an
18
year
old
had
intercourse
with
a
relative
that
was
16
or
17,
that
would
not
be
covered
by
the
statute,
but
if
they
had
an
intercourse
with
a
relative
who
was
18,
it
would
make
it
a
felony
so
by
changing
it
to
consenting
persons
instead
of
consenting
adults.
It
covers
those
16
and
17
year
olds,
when
the
perpetrator
is
within
three
years
of
age.
A
Thank
you.
What
we're
going
to
do
before
we
take
questions,
and
we
do
have
people
signing
up
for
questions.
Is
we're
going
to
go
ahead
and
do
the
second
part
of
the
committee
substitute
with
representative
hevron
and
and
you
can
introduce
your
guest
as
well
and
we'll
hear
from
you.
He
may
hit
you
at
the
floor.
G
So
the
second
part
of
this
house
committee
substitute
it
really.
It
does
two
things.
First
off
it
adds
alcohol
to
the
definition
for
physically
helpless
last
year,
right
after
session
ended,
there's
a
supreme
court
case
in
minnesota
that
got
over
a
rape
case
that
got
overturned
because
the
the
female
had
been
intoxicated,
and
so
I
was
talking
to
chairman
massey
and
to
josh
naisi,
and
I
was
like
what
can
we
do
in
kentucky
to
make
sure
that
this
doesn't
happen
a
lot
of
times
in
government?
G
G
D
F
I
haven't
seen
that,
and
I
obviously
didn't
write
it.
I
think
what
they
are
speaking
to
is
that
the
widening
is
the
inclusion
of
aunts
and
uncles
as
people
that
would
be
criminally
liable
for
having
intercourse
with
their
nieces
or
nephews,
and
then
narrowing
is
that
three-year
window
that
I
talked
about
with.
If
the
victim
is
within
three
years
of
age
of
the
perpetrator,
it
would
not,
it
would
still
be
a
crime,
but
it
would
not
subject
the
perpetrator
to
enhance
the
punishment
depending
on
the
victim's
age.
D
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A
Okay,
who
made
the
motion
representative
blanton.
The
second
was
representative
mosher,
all
right,
all
those
in
favor
signify
by
saying
aye
aye,
those
opposed
there's.
None.
Thank
you
rob
for
coming
to
us
today
and,
and
obviously
we
very
much
appreciate
when
people
that
deal
with
this
stuff
on
a
regular
basis.
A
Let
us
know
changes
that
need
to
be
made.
I
think
I
heard
your
interview
where
you
said
that
this
is
more
common
than
people
might
think,
and
so
because
of
that
we
have
to
make
sure
that
we
keep
our
laws
tight
and
clean.
So
we
appreciate
that.
Thank
you
and
thank
you
laila
and
representative
pepper
all
right
at
this
point.
I'm
going
to
turn
the
gavel
over
to
the
vice
chair
representative
banta,
because
I'm
presenting
the
next
bill,
which
is
house
bill,
310
that
deals
with
home
incarceration.
A
This
might
be
easier
than
the
prior
bill,
not
that
we're
fighting
over,
which
is
easiest,
but
this
is
called
a
home
incarceration
bill
for
the
following
reason.
The
way
the
statutes
were
written
if
you
were
monitored,
while
on
home,
incarceration
you're
given
credit
against
any
jail
sentence,
you
might
receive
because
you're
being
monitored.
Okay,
but
we've
had
cases
where
people
have
spent
a
substantial
amount
of
time,
especially
during
covid
on
home
incarceration,
and
then
judges
are
not
giving
credit
for
the
time
that
they
were
confined,
even
though
they
were
incarcerated,
albeit
at
home.
A
Although
credit
for
the
three
is
going
to
be
given
automatically
now,
that
doesn't
mean
that
courts
cannot
impose
a
monitoring
on
these
persons
if
they
want,
if
they
put
them
on
home
incarceration.
It
just
simply
says
that,
if
you're
on
home
incarceration
and
your
freedoms
are
restricted,
that
you
will
be
given
credit
for
that
against
your
sentence.
If
you
receive
a
sentence
of
jail
time,
that's
the
entire
bill.
A
D
Thank
you,
chairwoman,
chairman
massey,
on
the
corrections
impact
statement.
It
says
that
it's
not
possible
to
estimate
the
additional
days
of
credit.
This
bill
would
award
as
the
department
does
not
currently
track
pre-trial
home
incarceration.
Do
you
know
if
there's
a
plan
by
the
department
to
begin
tracking
pre-trial
home
incarceration.
A
I
would
hope
there
is.
I
don't
know
of
that.
Specifically.
What
I
would
say
is
part
of
the
reason
it's
not
been
tracked
in
the
past
is
it
can
be
tracked
if
there's
a
global
monitoring
or
an
electronic
monitor,
but
a
lot
of
people
are
being
given
home
incarceration
with
no
monitoring.
Some
people
can't
afford
the
monitoring,
and
so
the
idea
here
is
to
make
sure
that
this
anomaly,
people
don't
be
aren't
restricted
for
a
long
period
of
time
from
their
freedoms
and
not
giving
credit
for
that.
D
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A
I
do
want
to
and
I'll
just
speak
from
down
here,
if
it's
okay,
I
do
want
to
address
the
committee
at
hall
as
a
whole.
We
had
a
this
week
was
a
short
week
because
of
the
martin
luther
king
holiday.
So
we
are
getting
bills.
We
get
bills
referred
typically
on
mondays,
so
I
will
try
to
get
those
things
out
to
you
as
quickly
as
possible.
If
you
have
any
questions
about
something,
that's
going
to
be
heard
or
in
committee
or
you
need
a
copy
of
something.