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	Bill Aims to Toughen Sex-Crime Sentences By Deborah Yetter dyetter@courier-journal.com The Courier-Journal January 25, 2006 http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20060125/NEWS0101/601250422 FRANKFORT, Ky. — Sex offenders would face tougher sentencing and closer supervision, and court records of juvenile offenders as young as 12 would become public under two bills announced yesterday. House Bill 3, which includes tougher laws for sex offenses, also would expand the use of the death penalty for such crimes as the murder of a child younger than 12. House Bill 436 would open now-closed juvenile court proceedings and records of children older than 12 for offenses including burglary, felony sexual or physical assault, homicide and use of a weapon in a crime. Diana Thornsbury of Louisville, whose 12-year-old daughter was raped and killed 11 years ago by a juvenile sex offender, said opening such records is overdue. "I think it should be open to the public, what they're doing," said Thornsbury, who had no idea that the 17-year-old neighbor who killed her daughter had been convicted of raping a 7-year-old girl. Both bills carry the support of Gov. Ernie Fletcher, Lt. Gov. Steve Pence and some Democratic and Republican lawmakers, but they face opposition from death-penalty opponents and supporters of juvenile confidentiality. In a series of articles, The Courier-Journal reported in December that Kentucky is one of 15 states that bar the public and media from all delinquency proceedings. The Kentucky Press Association has filed a lawsuit seeking to gain access to state juvenile proceedings. Not tough enough? Pence said the bills would work to protect the public from sex offenders and allow people to know about juveniles accused of serious crimes. "That is long overdue," he said of the bill to open some juvenile cases. "I believe a parent has a right to know if that type of juvenile is living in their neighborhood." Some said the bill on sex offenders is not tough enough. Jeff Koenig of Louisville said he's disappointed the bill wouldn't elevate to a felony any sexual contact between a minor and a person in a position of trust, such as a priest or teacher. Some offenses would remain misdemeanors. Koenig is one of more than 200 people who alleged they were child victims of sexual abuse by Catholic priests in the Louisville archdiocese. "It's like nothing is changing," said Koenig, who called the measure "disheartening." But he said he's happy the bill would eliminate a statute of limitations on filing civil suits over alleged sexual abuse. Death penalty A host of House and Senate members of both parties gathered in support of the two bills, but some acknowledged that the bills will need changes to win passage. Rep. Darryl Owens, D-Louisville, said he didn't realize that the bill on sex offenders would expand use of the death penalty. "That's something I have a problem with," Owens said. "But that's what the committee process is for." HB 3 would broaden use of the death penalty in cases of a kidnapping or murder if felony sexual abuse also is involved. It also would allow the death penalty if a child younger than 12 is murdered even if no sex crime is involved. Rep. Joni Jenkins, D-Louisville, and the primary sponsor of HB 3, said the death-penalty provision was sought by the Kentucky Coalition Against Sexual Assaults. That group studied current law and gathered opinions from victims, judges, prosecutors and others before recommending changes, she said. But Jenkins said she's aware that some lawmakers object to expanding the death penalty. "I would not be shocked if it comes out in the House Judiciary Committee," she said. The first hurdle House Judiciary Chairman Gross Lindsay, D-Henderson, declined to say what the committee would do with either bill. "I feel sure there will be some changes. The judiciary committee, they have a tendency to check things out real good," Lindsay said. Pence said yesterday that he supports the bill on sex offenders as written but realizes it's now "in the hands of the General Assembly." The bills haven't been scheduled for a hearing; Jenkins said she expects they will be heard soon. Others questioned other provisions of the sex-offender bill, such as a sentence of life without parole for "persistent felony sex offenders" and a requirement that offenders be so identified on their driver's license. "There are a lot of liberty issues," said Beth Wilson, executive director of the American Civil Liberties Union of Kentucky. "I'm not sure these things are going to make us any safer and they have the potential to infringe on civil liberties." The Catholic Conference of Kentucky opposes the death-penalty provision as well as the life without parole, said the Rev. Patrick Delahanty, an advocate for the lobbying and policy arm of the Catholic Church in Kentucky. Juvenile records Advocates for juveniles said they are concerned about broadening access to juvenile court proceedings, closed now unless the juvenile waives confidentiality. "I worry about the stigma -- especially in rural areas," said David Richard, a longtime youth advocate and executive director of the National Institute on Children, Youth and Families in Louisville. Jefferson County Attorney Irv Maze, who attended yesterday's announcement at the Capitol rotunda, said he supports opening most cases involving youths charged with crimes. He said the public has a right to know about such offenders and how well the courts handle the cases. "This is a good move," he said. 'Our eyes were opened' A group of seventh- and eighth-grade students from Christ the King School in Lexington also attended yesterday's announcement. They got interested in the issue after proposing a model bill as a project for the annual Kentucky Youth Assembly -- a sort of mock legislature -- that would deny probation or shock probation for sex offenders. Though that isn't a specific provision of HB 3, students said they support other restrictions on sex offenders. Brody Kenny, 12, said students were surprised by research indicating that many sex offenders repeat their offenses. "We decided something had to be done about that," he said. Katie Wilcoxson said she and her classmates were alarmed by what they learned about the frequency and nature of sex offenses. For example, they checked the state corrections Web site and found that eight offenders lived near their school. "It's pretty scary," she said. "Our eyes were opened." Reporter Deborah Yetter can be reached at (502) 582-4228. Reporter Peter Smith contributed to this story.
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