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 forceā€”and potentially deadly forceā€”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 ā€œSafer Kentucky Act,ā€ 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 Kentuckyā€™s House of Representatives. A vote is scheduled for this week.

Advocates are most alarmed by one aspect of the ā€œSafer Kentucky Actā€ 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 ā€œjustifiableā€ if a defendant believes that criminal trespass, robbery or ā€œunlawful campingā€ is occurring on their property.

  • ArbitraryValue@sh.itjust.works
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    10 months ago

    The more common legal standard for self-defense is ā€œreasonably believesā€, but Iā€™m not familiar enough with Kentucky law to say whether or not ā€œreasonableā€ is presumed as part of the definition of ā€œbeliefā€ here, or whether or not the standard here is lower than Kentuckyā€™s general standard for self-defense.