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To: The Kentucky State House, The Kentucky State Senate, and Governor Matt Bevin

Kentucky's overreaching statute

The state's tampering with physical evidence statute allows law enforcement to elevate a misdemeanor to a Class D felony. Making discarding/hiding a joint, a few pills, paraphernalia, or even an open container punishable as a felony.

Why is this important?

The Ky. tampering with physical evidence statute allows law enforcement to charge a suspect with a Class D felony for hiding or discarding evidence associated with a misdemeanor. Other states have a mechanism in their version of the statute, that prevents this from occurring. In accordance with the statute, a citizen can be and often is, charged with this offense for hiding or tossing a single joint, a few pills or even drug paraphernalia. Simply concealing an alcoholic beverage or throwing an open container from a vehicle apparently could also facilitate a charge under the statute. It provides Ky. law enforcement the means to embellish a misdemeanor in a way that is both cruel and unusual. Permanently revoking any human being's right to vote or bear arms and greatly diminish their future employment opportunities for such a minor discretion, should never happen in this country. I'm sure the poor and oppressed are charged and convicted under the statute at a highly disproportionate rate. An injustice that need to be visited.