KY- New Kentucky laws go into effect today

6-25-2009 Kentucky:

HENDERSON, Ky. — More than 100 bills passed by the General Assembly this spring will go into effect today, doing such things as requiring criminal background checks for members of school site-based councils and workers for home health agencies.

Sex offenders and those convicted of violent crimes are also prohibited from frequenting MySpace, Facebook or other social networking sites where minors may have an on-line presence.

Laws normally go into effect 90 days after the session ends, unless they contain an emergency clause that makes them effective immediately. This year's regular session adjourned March 26.

The on-line sex offenders law, House Bill 315, not only bans offenders from social networking sites, it also requires them to register their e-mail addresses, screen names and any other on-line identification with state authorities.

Failing to register is a Class D felony, punishable by 1 to 5 years in prison for a first offense and a Class C felony, punishable by 5 to 10 years, for all subsequent offenses.

That new law also says solicitation to meet a minor via electronic means is evidence of a person's intent to commit a crime, even if the actual meeting did not occur.

HB 315 also tightens up measures to discourage "phishing," or the attempt via electronic means to lure unsuspecting people to disclose financial or personal information that could be used for identity theft.

A couple of other bills aim to prevent crimes by requiring criminal background checks by the Kentucky State Police and the Federal Bureau of Investigation. One is Senate Bill 22, which requires home health agencies and similar personal service businesses to conduct criminal background checks on their employees and ban anyone convicted of abuse, drug crimes or sex crimes.

The other is SB 148, which prohibits violent offenders and registered sex offenders from serving on school site-based decision-making councils. That ban will be enforced by background checks requiring fingerprints from all citizen council members.

It also prohibits such offenders from entering the property of a school or day care unless they receive permission from school or day care officials. Violators would be subject to a jail term of 90 days to a year. ..Source.. by CourierPress.com