KentuckyHB 5212026 Regular SessionHouseWALLET

AN ACT relating to crimes and punishments.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 2 benefits, 2 costs, 4 mixed.

More property forfeiture in sex crimes

Kentucky can seize non‑residence personal property and real property used in or gained from listed sex, stalking, and related tech‑enabled crimes. Drug‑forfeiture procedures and spending rules apply. This creates a serious risk of losing valuable assets if property is tied to these crimes.

Stronger stalking rules and protections

The law rebuilds stalking around a “course of conduct” of two or more acts, including following, monitoring, and using phones, email, or social media. Stalking is a Class D felony, or a Class C felony if there is a protective order or pending complaint with notice, a recent prior offense, a deadly weapon, or conduct that makes the victim reasonably fear sexual contact, injury, or death. A guilty verdict or plea for stalking counts as an application for a protective order unless the victim opts out; courts can issue orders for up to 10 years and renew them. Victims can sue within two years of the last act and may recover actual damages, punitive damages, costs, and attorney fees. Protective order terms are updated to include stalking, sexual assault, and strangulation, and older stalking statutes are repealed. Existing protective orders based on stalking stay valid, and renewals convert to interpersonal protective orders.

Mandatory jail time for gang crimes

After certain misdemeanor convictions, there is a separate jury hearing on gang membership. If the jury finds the person was a gang member acting for the gang, the court must order extra confinement: 76–90 days for listed Class B misdemeanors, and 311–365 days for listed Class A misdemeanors. This usually does not apply to juveniles unless transferred to Circuit Court with a prior felony adjudication.

Mixed changes to repeat‑offender rules

Persistent‑felony‑offender rules can apply to felony stalking cases under the new law, even when the penalty was raised for a repeat. A conviction under KRS 218A.1415 alone does not trigger persistent‑offender status, but it can count as a prior if there is a later, different felony conviction.

Police can subpoena account records

The Attorney General and State Police can subpoena internet, social media, payment, and cloud providers in child‑exploitation and listed sex‑crime cases. They can get account identifiers like emails, usernames, IP addresses, names, addresses, phone numbers, account status, and access method. They cannot get messages in transit, passwords, or stored content without a warrant. Records must be confidential and destroyed or returned if no case follows.

Faster arrests for protective order breaks

Police can arrest without a warrant when certain violations occur in their presence. Police must arrest without a warrant if they have probable cause that an interpersonal protective order was violated, even if they did not see it happen.

More Safe at Home help and fee

The Safe at Home address program now lets trained and registered helpers from government, nonprofits, or the community assist applicants. Program terms align with the new stalking rules. A $30 court surcharge applies to covered sex crimes and stalking convictions; $1.50 goes to the state general fund and the rest funds Safe at Home. Courts can waive all or part of the fee if the person cannot afford it.

Tougher trespass rules and notices

The law clarifies what counts as a building, dwelling, workplace, and premises. Landowners can give notice with purple paint marks that are at least 8 inches by 1 inch, placed 3–5 feet high, no more than 100 feet apart on forest land and 1,000 feet on other land. Entering or staying in a workplace and acting threateningly after notice is second‑degree trespass. Penalties go up for second or later trespass within three years or when trespass happens during a declared emergency.

Sponsors & Cosponsors

Sponsor

Steven Rudy
Republican • House

Cosponsors

Beverly Chester-Burton
Democrat • House
Chad Aull
Democrat • House
Chris Freeland
Republican • House
Daniel Grossberg
Democrat • House
Kim Banta
Republican • House
Myron Dossett
Republican • House
Randy Bridges
Republican • House
Richard White
Republican • House
Steve Bratcher
Republican • House
Stephanie Dietz
Republican • House
Walker Thomas
Republican • House
Wade Williams
Republican • House

Roll Call Votes

All Roll Calls

Yes: 225 • No: 0

Senate vote • 3/31/2026

3rd reading, passed

Yes: 38 • No: 0

House vote • 3/31/2026

passed

Yes: 91 • No: 0

House vote • 2/25/2026