Senate panel approves amended version of ‘Amanda’s Bill’

By Jack Brammer – jbrammer@herald-leader.com

FRANKFORT — As the mother of a slain Lexington woman quietly looked on, a Senate panel unanimously approved an amended bill Thursday that might have saved her daughter’s life.

The Senate Judiciary Committee made several changes to “Amanda’s Bill” — a measure to better protect victims of domestic violence that was proposed in the wake of September’s shooting death of state worker Amanda Ross outside her Lexington home.

The bill would allow judges to order electronic tracking devices for some who pose a threat of domestic violence.

Although the original version of House Bill 1 would have allowed judges to order electronic monitoring for most anyone under a domestic violence order, the revised version would require violation of a domestic violence order before using electronic monitoring.

House Speaker Greg Stumbo, who sponsored the bill, said the Senate committee “balanced” its stricter requirement with another that would require county attorneys to advise those seeking protection from the courts about their ability to pursue criminal charges.

A judge in a criminal case could also require electronic monitoring as part of a pre-trial release program, even if a domestic violence order was not violated.

Stumbo said he appreciated “the hard work” of the Senate committee and would review its version.

“It’s very obvious they have spent a great deal of time trying to find a piece of legislation that will accomplish what we all want to accomplish in a workable fashion,” said Stumbo, D-Prestonsburg.

Others changes made by the Senate committee in the House bill included defining a “substantial” violation of a domestic violence order, making tampering with an electronic ankle bracelet a Class D felony punishable up to five years in prison and limiting what information from electronic monitoring could be made public.

The panel also added several provisions of another proposal — House Bill 189 — dealing with domestic violence, but not the key change that domestic violence advocates want: extending domestic violence protection to dating partners.

Sherry Currens, executive director of the Kentucky Domestic Violence Association, said she was disappointed with the Senate version, noting that 39 states and the District of Columbia have laws that protect dating partners.

Senate Judiciary Chairman Tom Jensen, R-London, said the proposal was not included in the Senate committee version “because frankly I didn’t think I could pass it.”

“We may be able to make that acceptable down the road but not now,” he said. “And I have to admit I have some problems with it. How far do you expand domestic violence protection? To neighbors? To co-workers? Where do we draw the line?”

The changes the Senate committee made to the “well-intentioned” House bill were designed, said Jensen, to make sure the legislation was constitutional in the areas of due process and privacy concerns.

The House might be able to accept the Senate changes, Stumbo said. “I view it as a very positive sign.”

Even with the changes, Stumbo said, such legislation would have protected Ross.
“There was a violation in the case,” he said.

Amanda Ross’ mother, Diana Ross, who has been present for other legislative action on the bill, did not comment Thursday after listening to Jensen outline the Senate committee’s changes.

Amanda Ross’ ex-fiancée, former state Rep. Steve Nunn of Glasgow, has been charged with her murder and has pleaded not guilty. Ross had sought court protection from Nunn before she was gunned down outside her home.

The bill now goes to the full Senate for its consideration.

Senate President David Williams, R-Burkesville, said the Senate might vote on it next week. If the Senate approves it, the measure would go back to the House for it to consider the Senate’s changes.

Filed Under: Greg Stumbo • KY General Assembly