15 www.loubar.org March 2025 The Only Constant is Change: State and Federal Criminal Law Updates William (Bill) H. Brammell, Jr. With 2025 underway, a lot is happening in criminal law and criminal justice reform. On the state level, Senate Bill 73, which passed the Kentucky Senate unanimously on Tuesday, February 11, criminalizes sexual extortion, commonly referred to as “sextortion.” The bill, which is sponsored by Sen. Julie Raque Adams (R), defines sexual extortion as using threats to coerce individuals into engaging in sexual acts, producing explicit materials, providing payments or acting against their will. Under SB 73, sexual extortion is classified as a felony, with escalating penalties for cases involving minors or significant harm. The legislation also establishes civil remedies, allowing victims and their families to seek damages. Additionally, SB 73 mandates that schools and postsecond- ary institutions educate students and parents about the dangers of sextortion and display re- sources, such as hotline numbers and reporting information, to assist victims. The bill now goes to the House for consideration and will almost undoubtably be placed on the Governor’s desk. The legislature is again considering a bill that would establish a legal framework for com- pensating individuals wrongfully convicted of felonies within the Commonwealth. House Bill 206, sponsored by Rep. Jason Nemes (R), pro- poses creating a cause of action that would allow wrongfully convicted persons to seek financial restitution. Specifically, it outlines compensation amounts of $65,000 for each year of wrongful incarceration, $75,000 per year for time spent on death row, and $32,500 for each year served on parole. To qualify for compensation, the ac- tion would have to be filed within two years of a dismissal in the plaintiff’s favor or the granting of a pardon (claimants released prior to HB 206 going into effect will have two years from the effective date). Further, if the exoneree has won or settled a civil suit stemming from their wrongful conviction and incarceration, any pay- ment under the Act would be offset by their past award. The bill also proposes the establishment of a wrongful conviction compensation fund to facilitate these payments. Notably, a similar Bill was filed last session but did not become law. House Bill 42, introduced by Rep. Chad Aull PROFESSIONAL EXCELLENCE (D), seeks to prohibit registered sex offenders who have committed offenses against minors from participating in Halloween-related activi- ties, defining such terms such as “costume” and “Halloween-related activity.” As of February 4, HB 42 has been referred to the House Judiciary Committee for further consideration. Before celebrating your next event with a balloon release, make sure to check in on the status of House Bill 53, introduced by Rep. Kimberly Banta (R), which seeks to criminal- ize the unlawful release of balloons. Accord- ing to its terms, the bill aims to prohibit the intentional release, organization or causation of the release of ten or more balloons filled with lighter-than-air gases (hot air balloons and balloons released indoors are exempt). As of February 4, HB 53 has been referred to the House Judiciary Committee for further consideration. Nationally, there have been several noteworthy actions taken that touch on the criminal law. On his way out the door, former President Joe Biden granted clemency to nearly all individu- als who were on the federal government’s death row, and a huge number of individuals who were convicted of non-violent drug crimes. In total, he granted 4,245 clemency acts during his term. Former President Biden faced heavy criticism for pardoning his son and other fam- ily members. He also came under fire for issu- ing “preemptive pardons” to several individuals who had been critical of President Trump and whom Biden believed would be investigated or charged by the Trump administration. These included Dr. Anthony Fauci, retired Gen. Mark Milley (former chairman of the Joint Chiefs of Staff) and members of the U.S. House commit- tee that investigated the January 6, 2021, attack on the U.S. Capitol. At the end of the day, President Biden goes down in history as having granted clemency to more individuals than any other president during their four-year term. Continuing the trend, President Donald Trump granted clemency to every person charged or convicted for their role in the January 6, 2021, attack on the U.S. Capitol. President Trump and his administration have quickly implemented several other non- legislative changes which will significantly impact the federal criminal justice system. Pam Bondi, who was confirmed as Attorney General on February 4, established a “Wea- ponization Working Group” on her first day in office. The group is tasked with reviewing cases involving former President Trump and the January 6 Capitol attack. Bondi has made clear that she intends to prioritize the prosecution of drug trafficking, gang violence and illegal immigration, while deprioritizing corporate enforcement and foreign influence cases. To this end, the Department of Justice announced a 180-day suspension of new inves- tigations under the Foreign Corrupt Practices Act (FCPA). The Trump administration has also initiated the removal or reassignment of countless career DOJ officials, including those involved in previous investigations related to President Trump—raising concerns about potential politicization within the department. Perhaps felt more in Louisville than elsewhere, the Trump administration issued a directive in- structing the Department of Justice’s Civil Rights Division to halt all ongoing civil rights litigation and to reconsider recent police reform agree- ments, known as consent decrees, established during the previous administration. As many reading this will know, this directive has signifi- cant implications for Louisville where a consent decree aimed at implementing comprehensive police reforms was finalized in December 2024 following a federal investigation into the Louisville Metro Police Department’s practices. The freeze on civil rights cases places the future of Louisville’s consent decree in jeopardy, po- tentially stalling or reversing the agreed-upon reforms addressing systemic issues within the city’s police force. Notwithstanding the Depart- ment of Justice’s change in position, Mayor Greenburg and leadership within LMPD have repeatedly committed themselves to carrying out the changes agreed to in the decree, whether they have federal oversight or not. In terms of federal legislative developments, Senator Thom Tillis (R) has introduced a pair of bills that seek to create harsher penalties for William F. McMurry & Associates, PLLC Trust us to handle your clients’ Legal Malpractice Claims William F. McMurry Board Certified as a Legal Malpractice Specialist by the American Board of Professional Liability Attorneys (ABPLA.ORG) The ABPLA is accredited by the ABA to certify specialist in the field of Legal Malpractice - SCR 3.130 (7.40) Bill@courtroomlaw.com (502) 326-9000 William F. McMurry will personally handle each case while some services may be provided by others. those convicted of targeting law enforcement. The Justice for Fallen Law Enforcement Act, seeks to amend Title 18 of the United States Code to establish or enhance penalties for offenses committed against law enforcement officers. Specifically, the bill proposes life im- prisonment or the death penalty for individuals convicted of murdering federal, state or local law enforcement officers. Additionally, it introduces a mandatory minimum sentence of 20 years for assaults resulting in serious injury to such offi- cers. Similarly, the proposed Protect and Serve Act aims at establishing enhanced penalties for individuals who knowingly assault law enforce- ment officers, causing serious bodily injury, in circumstances affecting interstate commerce. The bill introduces a new federal offense that imposes significant criminal penalties, including imprisonment and fines, on those convicted of such assaults. Critics have argued that exist- ing laws exist to protect officers and that the bill could perpetuate a misleading narrative of widespread attacks on law enforcement. Independently or together, the policies dis- cussed above have the capacity to engender tremendous change in the Commonwealth and across the country. No matter where you stand on the issues, make your voice heard. The issues facing the criminal justice system are serious, and the decisions that our state and federal leaders make have real impacts on our clients and communities. Only together can we build a more just and accessible Com- monwealth and continue to build a criminal justice system that people trust. Bill Brammell is the chair of the LBA’s Criminal Law Section, and is the managing partner of Wicker / Brammell, PLLC. Bill represents clients who have been charged with federal criminal of- fenses and is a member of the Western District’s Criminal Justice Act Panel. Outside of the court- room, Bill serves on the Board of Directors of the Home of the Innocence, and the Bluegrass Center for Autism. When not working or volunteering, he and his wife keep busy with their four children in Crestwood. n
