Kentucky Republicans have expressed support for a bill that critics argued legalizes the use of deadly force on homeless trespassers in certain scenarios.
The bill, which is known as the "Safer Kentucky Act," was introduced in the Kentucky legislature last week by Republican state representative Jared Bauman. Since being introduced, the proposed bill has already garnered 52 co-sponsors, and a vote is set to take place next week.
The bill includes a sweeping number of provisions but those who oppose it have put a particular spotlight on its anti-homeless measures. The bill, also known as HB5, includes provisions that deem the use of force "justifiable" against homeless people who are camping on private property.
This would be the case if the property owners believe that the homeless people have committed criminal trespass, robbery, or "unlawful camping." Going further, the Republican-led bill also deems "deadly physical force" justifiable" if a defendant believes that a homeless individual is attempting to "dispossess" or rob them of their property or committing arson, as per Newsweek.
While Bauman was introducing the bill, he defended its provisions and insisted that HB5 was designed to focus on "accountability for serious criminal behavior." However, critics have warned that it would result in unnecessary violence and death.
Louisville Councilwoman Shameka Parrish-Wright spoke at the same gathering where Bauman defended his new bill. She warned that the Safer Kentucky Act could essentially criminalize poverty.
Parrish-Wright's state is the most violent city in Kentucky having a rate of 6.9 violent crimes per 1,000 residents based on a May 2023 report. While Louisville Mayor Craig Greenberg stressed that a solution is needed to address the issue, he also cast doubt on whether or not HB5 is the right way.
The CEO of the Louisville Urban League, Lyndon Pryor, said that the bill could get people killed. He added that it was decided that some people are not worthy of human respect and dignity and are allowed to be treated in completely inhumane ways, according to Vice.
Justifying the Use of Deadly Force
The senior policy director at the non-profit National Homelessness Law Center, Eric Tars, said that the situation is slowly becoming vigilantism against people who are experiencing homelessness. He added that it was growing to a scale that has never been seen before.
Tars noted that it remains unclear how much influence the Cicero Institute, a libertarian think tank, had on the use of force provision in the new bill. Under the provisions of the Safer Kentucky Act, people who are convicted of three violent felonies will be sentenced to mandatory life without probation or parole.
Bauman's legislation grants cities the authority to designate specific areas for unhoused individuals. If homeless people are found outside of the designated area, residing in a tent, hut, temporary shelter, or vehicle with the intention to sleep, they could face misdemeanor charges.
These charges could lead to a fine of $5,000 and a potential imprisonment of up to 90 days. The director of communications for Coalition for the Homeless, Catherine McGeeny, said that telling people they cannot sleep in their car or in an encampment does not end homelessness, said TruthOut.
