The Times-Tribune
CORBIN —
By Ronnie Ellis / CNHI News Writer
The state Senate on Wednesday unanimously passed a significantly altered domestic violence bill from the version passed earlier by the House as the mother of the woman for whom it is named watched from the overhead balcony.
Sen. Tom Jensen, R-London, the chairman of the Senate Judiciary Committee, explained the change to “Amanda’s Bill,” sponsored by House Speaker Greg Stumbo, D-Prestonsburg. The House version would authorize judges to require some accused abusers to wear electronic tracking devices after they were placed under domestic violence orders. The bill is named for the one-time fiancé of former lawmaker Steve Nunn, Amanda Ross, who died outside her Lexington home last September of gunshot wounds.
Nunn was subsequently charged with murder and awaits trial in Fayette County. At the time of Ross’ death, Nunn was under a domestic violence order which required him to stay away from Ross.
Most of the Senate changes involve shifting the judicial process into the criminal arena, rather than the usual civil procedures which govern domestic violence. Alleged perpetrators can be placed under the protective orders without a conviction and Stumbo’s bill would not have changed that. The Senate bill will require a criminal procedure before the tracking devices can be ordered – but it also provides the victim additional options including seeking assault charges.. Or if an alleged perpetrator violates a protective order, he or she can be held in contempt and ordered to jail.
Either way, Jensen said, the judge can order the ankle bracelet as a condition of pre-trial release. The bill also prohibits the implantation of any device to track alleged perpetrators.
Diana Ross, reading from prepared remarks to reporters, said the Senate vote “is validation of the need to protect victims of domestic violence. We wanted the tragedy that ended Amanda’s life to make a difference for others.”
The bill will now go to conference committee to work out differences in the two bills and Stumbo said he is hopeful a final bill can be crafted to satisfy both chambers.
Jensen said the original bill posed concerns for his committee, for law enforcement and judges about administration and constitutional protections and for county officials bout its costs, prompting the changes made in his committee.
“We must protect our citizens from violent relationships,” Jensen said, “but we need to craft legislation that is balanced, constitutional and protects everybody.”
The bill requires police officers to receive training in domestic violence; allows the accuser to fill out an assessment form which judges can use to determine if the accused abuser might be likely to commit further violence against the accuser; requires a criminal history and history of any previous domestic orders for the accused to be made available to the court; and allows the judge to continue the order for 90 days without requiring the victim to re-appear each time.
It prohibits the disclosure of any information gathered by the tracking device for any purpose other than protecting the victim – without a prior court order or search warrant.
Minority Leader Ed Worley, D-Richmond, who knew Amanda Ross, said the bill “does not go as far as I wish it could or the Ross family wishes, but it is certainly a good bill and a good start.”
Sen. Robin Webb, D-Grayson, said she is a survivor of domestic abuse agreed: “This bill is not perfect but it’s a start.”
The Senate also unanimously passed a bill to prohibit drug offenders from purchasing cold medications containing substances used in the manufacture of methamphetamine.
Senate Bill 211, sponsored by Sen. Robert Stivers, R-Manchester, is an attempt to combat recruitment of straw purchases of the materials by the meth dealer. Current law limits the amount of an individual purchase of over the counter medications containing ephedrine and pseudoephedrine and requires identification of the purchaser. Consequently, meth manufacturers often recruit others to buy the medications.
Stivers acknowledged some want even stiffer barriers and he said it may be necessary to strengthen the measure in future sessions. The Kentucky State Police would prefer requiring prescriptions for those substances.
