Sexting bill passes Senate Judiciary Committee

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March 18, 2010

But texting ban while driving delayed

By RONNIE ELLIS The Daily Independent Thu Mar 18, 2010, 06:11 PM EDT

FRANKFORT — The Senate Judiciary Committee Thursday passed out a House bill which would make “sexting” – the transmission of nude or obscene images by personal communication devices – punishable for teens on a first offense by a fine of $100 and community service.

Rep. Martha Jane King, D-Lewisburg, the bill’s sponsor, told the committee the intent of the measure is to teach teens the seriousness of sexting and the serious implications for their future. The behavior is already illegal, she said, but those who discover it, whether teachers or law enforcement, have few options short of damaging the teen’s future.

“The bill is actually an attempt to lower the punishment for first offense,” King said, “because some of these teens don’t realize how serious their actions are and this can be used to get their attention.

Under existing law, King said, legal authorities face an all-or-nothing option – doing nothing at all or reporting the offender who ultimately could be charged and required to register as a sex offender. King said 11 other states are looking at similar legislation after two highly publicized teen suicides resulting from their nude images being share on the internet or through cell phones.

Subsequent offenses would be prosecuted under current law. The committee made minor changes in the bill to which King didn’t object and then reported the bill to the full Senate for passage. It has already passed the House and any differences in the two versions will have to be resolved in conference between the two chambers. But Kind said she didn’t anticipate any problems.

Another bill aimed at reducing accidents from texting while driving, sponsored by Sen. Denise Harper Angel, ran into a bump in the road during the hearing.

The bill would prohibit texting while operating a motor vehicle for any driver and bar drivers under 18 from using cell phones while operating the vehicle. Her bill would create fines of $100 for first offenses and fines up to $300 for subsequent offenses and $600 if the violation causes a motor vehicle accident. Proceeds would be dedicated to the University of Kentucky Trauma Center.

Some senators questioned why the law is needed if reckless and careless driving statutes could be used for those texting while driving. Chuck Geveden, Director of the Office of Highway Safety, told the committee, “Some judges won’t accept it – some will – but we need something specific to texting.” He said there were 16 fatalities last year from distracted driving in Kentucky and 1,400 accidents.

Sen. Katie Stine, R-Southgate, then asked if there were a fiscal impact to the state of devoting the fines to the UK Trauma Center, though the offense and the fines do not now exist or impact the budget.

Harper Angel said she was prepared to offer an amendment to remove that portion of the bill but committee chairman, Sen. Tom Jensen, R-London, said legislative staff could produce that study by Friday and the committee would meet again to vote on the bill.

“I’m concerned about the delay this late in the (legislative) process and I worry if a fiscal note can be done in just a day,” said Harper Angel after the meeting. Jensen said he anticipated no problem producing the fiscal note and a vote on the bill in time to get it to the Senate floor.

RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.

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