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‘Sexting’ bill: A reasonable response

March 3, 2010

FRANKFORT – Last week, the House continued working on the final details of a budget plan that should be ready soon for a vote. Meanwhile, the spotlight fell on our Judiciary Committee.

On Feb. 23, the House Judiciary Committee approved two bills that have gotten a lot of attention lately, and both deal with our younger citizens. The first of those, HB 143, tackles a problem that has cropped up in recent years: teenagers using cell phones to transmit sexually explicit images of themselves to their friends. This practice, known as “sexting,” has led to many teenagers being prosecuted under child pornography laws.

The Judiciary Committee supported a more measured response. If HB 143 becomes law, “sexting” would still be a crime, but the penalties would be fines and community service instead of jail time. Those convicted would be warned, however, that a second offense would qualify them for more serious sex-offender charges.

The other bill, HB 407, to make it through the Judiciary Committee would create a pilot program to make a handful of family courts more open to the public, something already allowed in many states. If it becomes law, the program would primarily focus on child-welfare cases, though judges could still limit public information in especially sensitive matters, such as allegations of sexual abuse.

There has been a lot of concern in recent months that these cases need greater scrutiny so that we can better ensure that our youngest citizens have the protection they need. One recent newspaper series documented more than 250 cases of Kentucky children dying during the last decade because of neglect or abuse.

Two other bills that would also help children in need, HB 231 and HB 51, are now awaiting the governor’s signature. House Bill 231 will expand the state’s psychiatric services so that children with severe mental illness can be treated closer to home.

House Bill 51, meanwhile, will have state health officials doing more to increase suicide prevention awareness; the law will also require that all middle and high school students receive similar information as well by early next school year.

The House also moved forward on three pieces of legislation that would increase government accountability and transparency. The first, HJR 122, of which I am a co-sponsor, made it through the chamber unanimously on Feb. 24, and would have the General Assembly’s research arm work with a consulting firm to study the effectiveness of the state’s economic development incentive programs. This would give us a much clearer picture of how good the programs have been at attracting and creating jobs in the state.

On Feb. 25, the House State Government Committee built on this effort by approving two other bills. These would increase the number of private-sector contracts regularly reviewed by the legislature and also give the public regular updates on exactly how many people work for state government. This census would include career employees as well as those politically appointed and hired as outside contractors and would help us better monitor our government.

If we in the legislature are going to tighten state government’s belt, we are going to need this type of information so we can be better sure that cuts are made fairly.

Should you want to write, my address is Room 357, Capitol Annex, 702 Capitol Avenue, Frankfort, KY 40601. You can also leave a message for me or for any legislator at 800-372-7181.

For those with a hearing impairment, the number is 800-896-0305. If you would like to know the status of a particular bill, that number is 866-840-2835. All of these numbers are toll-free.

I hope to hear from you soon.

State Rep. Don Pasley, D-Winchester, represents Clark and Madison counties.

Copyright: The Winchester Sun 2010

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