HB 249, also known as Kimber’s Law, was 82nd House District Representative Nick Wilson’s biggest priority once assuming office in January, and he’s now one step closer to seeing it become law during his first session as a state legislator.
The bill stems from a case Wilson worked on in McCreary County as an Assistant Commonwealth’s Attorney. That case involved the murder of two-year-old Kimber Collins, the namesake of the bill, who was beaten over the course of three hours by her mother’s boyfriend before being taken to the hospital. Collins was kept alive by a ventilator for three days before her mother was forced to make the decision to cease life support.
In that case, the defendant, Michael Cody Huff, received a 35-year sentence, which Wilson has described as “not enough.”
“People should never leave prison if they intentionally murder a child,” said Wilson.
HB 249 would amend state law to include the intentional killing of a child under 12 years old as an aggravating circumstance for which the death penalty may be authorized by a prosecutor.
Under existing state law, there are eight aggravating circumstances relating to murder that can allow prosecutors to seek the death penalty in a case, such as if the defendant committed the crime while also committing another violent act (robbery, rape, etc.) or the defendant killed or created a great risk of death to more than one person. Without one of those aggravating circumstances, prosecutors cannot even attempt to seek a possible sentence of life without the possibility of parole.
Wilson introduced the bill to the Kentucky House of Representatives on Feb. 10. It was sent to the House Judiciary Committee late last month and was presented to the committee last Wednesday.
During the presentation, Wilson asked committee members to be mindful that though the bill would pave the way for additional authorizations of the death penalty, that the bill itself was not about the death penalty nor would passage reflect an approval of the death penalty.
“It is more nuanced than that,” said Wilson during his presentation.
Ronnie Bowling, commonwealth’s attorney for the 34th Judicial Circuit, consisting of Whitley and McCreary County, was also present during the bill’s presentation, offering testimony to the committee in support of the bill and providing clarity on the issue.
“We’re failing Kentucky’s victims right now. All of these aggravating factors have to do with what a defendant was doing when he committed a crime—and we consider these the worst of the worst criminal offenses that you can commit in Kentucky. The only group of people who are protected because of who they are is us (elected officials),” said Bowling. “If somebody kills me in the parking lot, you can seek the death penalty on that person or life without parole. If someone commits violence that results in your death, you’re protected under the law. Children aren’t.”
The bill cleared both readings to the committee last week and was passed by the House on Friday by a vote of 85-6. The bill now moves on to a Kentucky Senate committee for review for possible passage. A first reading of the bill was held on the Senate floor Tuesday.
The Kentucky General Assembly wraps up their current session Thursday. Wilson confirmed Tuesday afternoon that he expects it to reach a vote sometime before the session ends.
