Governor Andy Beshear joined the families of Thomas “Lofton” Hazelwood and Lily Fairfield on Monday to sign two pieces of legislation that honor the teens’ lives and strengthen the state’s hazing and driving under the influence laws.
The Governor signed Senate Bill 9, also known as Lofton’s Law, which was passed by lawmakers in response to the October 2021 hazing death of University of Kentucky freshman, 18 year-old Lofton Hazelwood from Henderson. This bill increases the penalty for hazing that results in physical harm or death to a Class D felony. Hazing that does not cause physical harm will be increased to a Class A misdemeanor.
Beshear said Lofton’s legacy is living on in so many incredible ways. One of them is through the Lofton Hazelwood Foundation, which is providing scholarships for an agriculture major or for a student to attend a trade school. This scholarship is for Henderson County residents, and the deadline to apply for this year is May 1.
Signing House Bill 262, or Lily’s Law, the Governor was joined by the family of Lily Fairfield, a 16-year-old from Oldham County who died in 2021 after a driver under the influence crashed into the car her sister, Zoe, was driving on their way to school.
The driver had been arrested and immediately released just three days prior, on a DUI charge.
The bill mandates that a person is guilty of vehicular homicide when they cause the death of another resulting from their operation of a motor vehicle while under the influence of alcohol, a controlled substance or other impairing substance. The bill makes vehicular homicide a Class B felony.
The bill also requires that individuals who are arrested for drunken driving shall be detained for at least six hours following their arrest. Current statute requires that an individual who is arrested and who has a breath analysis test result of 0.15% or more alcohol concentration shall be detained for four hours following arrest.
The bill amends state law to clarify that a breath test must be performed in accordance with the standard operating procedures adopted by the Department of Criminal Justice Training.
Previously, the statute read that the manufacturer’s instructors or instructions adopted by the Department of Criminal Justice Training and approved by the manufacturer were acceptable.
Source: WBKO
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