LEGISLATIVE ADVOCACY

KCADV is committed to advocating for legislative change that will improve the lives of domestic violence survivors and their children at both the state and federal levels. 

Click to identify your Kentucky State Senator and Representative.

Click to view an infographic, which explains the legislative process.

 

KCADV's legislative priorities for 2018 became law July 14, 2018 and include:

SB 48: Prohibition on Child Marriages Without a Court Hearing and Emancipation of the Minor

SB 48 amends KRS 402.020/030 so that:

  • Children under the age of 17 cannot get married
  • 17-year-olds cannot marry a partner more than four years older
  • 17-years-olds will be required to get a district judge’s permission to marry – there will be an evidentiary hearing
  • In their petition, the minor must show evidence of capacity for self-sufficiency, independent of their parents and the intended spouse, including proof of maintaining independent housing or employment for three months prior to petition and proof of completion of high school, GED, or vocational or certificate program
  • Criminal records and DVO/IPO histories of both parties are to be provided with the petition
  • The minor will be appointed an attorney and a Guardian ad Litem, who will obtain records from CHFS on the minor and check the sex offender registry for both parties
  • The granting of the petition shall remove the disabilities of minority, and the minor shall be considered to have all the rights and responsibilities of an adult (with some constitutional/statutory exceptions, such as voting and buying alcohol)

SB 68: Legal Fees for Incarcerated Batterer Spouse

SB 68 provides that when one spouse has been convicted of an offense under KRS Chapters 507 (​homicide/attempt), 508 (assault, wanton endangerment, stalking, terroristic threatening), 509 (kidnapping, unlawful imprisonment), or 510 (rape, sodomy, sexual abuse); and they are incarcerated for that crime; and the other spouse is the victim of that crime; and the victim spouse files for divorce, then the fee for the attorney appointed to represent the interests of the incarcerated spouse will be paid by the state.

 

KCADV's legislative priorities for 2017 - HB 309 with the provisions of SB 86 attached - became law in late June 2017:

Leasing Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault, Assault, and Stalking

Download Leasing Protections FAQs

  • Offers leasing protections for victims of domestic violence who have a court-issued order of protection. 
  • Prohibits landlords from refusing to rent to or evicting victims of violence solely because they have a court-ordered issue of protection. 
  • Enables tenants with court orders to change the locks of a rented residence, although they must inform their landlords of their intention to install new locks.
  • Affords victims with a domestic violence order or interpersonal protective order the right to terminate a lease by giving a landlord 30 days' written notice. A landlord is not allowed to submit a bad credit history entry against the protected tenant for early termination.
  • Allows a landlord to bar a perpetrator from the property, terminate a perpetrator's name from a lease, and evict and deny a perpetrator access to the housing unit, while still holding a perpetrator liable for fees, damages, and unpaid rent. The measure applies only to leases created or renewed after the law is effective.

 

Replacing Domestic Violence Mandatory Reporting with Education and Referral Resources (formerly SB 86)

Download Mandatory Information and Referral FAQs

  • Replaces the spouse abuse mandatory reporting law with a requirement that a broadly defined group of professionals must provide victims of domestic or dating violence and abuse with educational materials related to domestic violence, referral information for accessing regional domestic violence programs or rape crisis centers, and information about how to access protective orders.
  • Professional means a physician, osteopathic physician, coroner, medical examiner, medical resident, medical intern, chiropractor, nurse, dentist, optometrist, emergency medical technician, paramedic, licensed mental health professional, therapist, cabinet employee, child-care personnel, teacher, school personnel, ordained minister or the denominational equivalent, victim advocate, or any organization or agency employing any of these professionals.