LEXINGTON, Ky. —After one of the most emotional and confrontational debates in Kentucky's General Assembly this year, the state Senate Thursday night approved a bill that would make insulting a police officer a crime.
Some members of the Senate said they were deeply offended by the legislation, claiming it was unconstitutional and an overreach.
The bill, which the Senate approved on a 22-11 vote after about an hour's debate, would enhance punishment for crimes related to rioting, including making it a crime to insult or taunt a police officer if the comment provokes a violent response.
Senate Bill 211, sponsored by Sen. Danny Carroll, R-Paducah, now goes to the House, where it faces possible amendments.
Carroll, a retired police officer, said the bill was designed to protect first responders and public and private property during riots.
He said there is a distinct difference between peaceful protests and riots. His bill defines a riot as a public disturbance involving five or more people involved in tumultuous and violent conduct that creates grave danger to property or others.
The lawmaker specifically mentioned "riots" in downtown Louisville last year after the death of Breonna Taylor, a 26-year-old Black woman who was fatally shot in her apartment by police during a botched drug investigation. Taylor's death sparked protests of racial injustice across the state.
Carroll attributed "most of the violence" in Louisville last year after Taylor's death to people outside of Kentucky. He said a "strong message" needs to be sent that Kentucky will not tolerate violence, claiming that Louisville Mayor Greg Fischer failed to keep the city safe. He said he was ashamed of the disturbances in Louisville.
Opponents of the bill strongly denounced it.
Sen. Reginald Thomas, D-Lexington, said the bill overreaches and "eviscerates the First Amendment" that protects the freedom of speech.
He said he was ashamed that a Minneapolis police officer sat on the neck of George Floyd for eight minutes and 46 seconds, leading to Floyd's death, and a Georgia deputy sheriff last year pulled an innocent Black man out of his car and assaulted him without a weapon.
"I am really ashamed of the fact that a 26-year-old Black woman, sleeping in her apartment one night, without a weapon and at 12:30 at night some police officers burst into her apartment, start firing weapons and this young, innocent Black woman is killed."
Thomas said SB 211 is sending a message to peaceful protesters "that we are going to put these people in their place."
Sen. Gerald Neal, D-Louisville, said Breonna Taylor was killed in his district and that no one consulted him about producing SB 211.
"It's an overreach. We already have laws on the book addressing this. I'm befuddled by this," said Neal. "How dare you."
Neal said Louisville is "coming together" and now this bill disrupts that. "There is so much wrong with this bill," he said.
Senate Minority Leader Morgan McGarvey, D-Louisville, said he is concerned that the legislature is making taunting a crime, a Class B misdemeanor, subject up to 90 days in jail and a $250 fine.
"We are criminalizing speech," he said, emphasizing that opponents of the bill do not condone violence against police officers.
McGarvey also expressed displeasure that Senate leaders earlier had sent back to committee his Senate Bill 247, which would give subpoena power to independent civilian boards that review questionable police activities. It was designed to improve racial justice but now will have a more difficult path in becoming law this year.
Sen. Robin Webb, D-Grayson, said SB 211 "tramples on the Constitution and people's rights."
Carroll said "the silent majority" in Kentucky applauds his bill. He said he would not apologize for it and would be willing to find ways to strengthen Louisville.
