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Republicans Push To Legalize ‘Property Owners’ Killing Homeless People in Kentucky (www.vice.com)

submitted 9 months ago by MicroWave@lemmy.world to c/politics@lemmy.world

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In Kentucky, politicians are preparing to vote on a law that would authorize the use of force against unhoused people who are found to be camping on private property.

Republican politicians in Kentucky are rallying behind a new bill that would authorize the use of force—and potentially deadly force—against unhoused people who are found to be camping on private property. The bill would also criminalize unsanctioned homeless encampments and restrict cities and towns from preempting state laws.

The bill, known as the “Safer Kentucky Act,” or HB5, would target homelessness, drug possession and mental illness by drastically increasing criminal penalties for a range of offenses. Introduced last week by Republican state representative Jared Bauman, it already has 52 sponsors in Kentucky’s House of Representatives. A vote is scheduled for this week.

Advocates are most alarmed by one aspect of the “Safer Kentucky Act” in particular: an anti-homeless provision that would authorize violence by property owners on people camping on their property. The bill says the use of force is “justifiable” if a defendant believes that criminal trespass, robbery or “unlawful camping” is occurring on their property.

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[-] BigWheelPowerBrakeSlider@lemmy.world -1 points 9 months ago

Thank you for providing some direct language from the proposed statute. I do not know Kentucky state law but I'd be willing to bet a few dollars that there are already laws on the books that deal with all situations this proposed law purports to handle. Trespassing, vagrancy, camping, stand your ground/castle doctrines, assault/battery, etc. Can anyone more familiar confirm or negate my admittedly unstudied guess?

[-] Schadrach@lemmy.sdf.org 2 points 9 months ago

Trespassing, vagrancy, camping, Doesn't have anything special about justifying use of force when the trespasser threatens violence after being asked to leave, that's what this bill does.

stand your ground/ Stand your ground literally just means you aren't required to try to run away if you are attacked. In places without stand your ground use of force is not justifiable if you reasonably could have fled the scene.

castle doctrines, Stops at your front door. No dice for the tent springing up in your backyard.

assault/battery, Not until they've put you in immediate danger of death or serious injury. Depending on the state (ie whether or not the state has stand your ground) you may also have to take any means available to run away from the situation before use of force is justified.

this post was submitted on 22 Jan 2024

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