Kentucky’s SB 104 Would Create a 25-Foot Criminal Buffer Around Police and ICE

A floor vote is approaching on a bill that would make remaining within 25 feet of law enforcement, after a warning, a crime that can rise to a felony

Feb 17, 2026

On February 13, the Kentucky Senate Judiciary Committee voted to advance Senate Bill 104, titled the “HALO Act,” after testimony from sponsors and law enforcement representatives. The committee substitute adopted that day added explicit references to federal immigration officers operating in the state. The bill now sits on the Senate calendar awaiting a floor vote.

The operative language is short. It creates a 25-foot “buffer zone” around a law enforcement officer or first responder who is engaged in official duties. A person who remains within that distance after being ordered to move back may be charged. Repeated refusal can elevate the offense to a Class D felony, which in Kentucky carries a potential sentence of one to five years under KRS 532.060.

The proposal is framed by its sponsors as a safety measure. The text, however, reaches beyond physical interference. It governs proximity. And it does so in a state where citizens, journalists, and advocacy groups routinely document traffic stops, arrests, protest policing, and immigration operations.

This article walks through the text, the legislative process underway in Frankfort, and the procedural steps that come next.

SB 104 as Filed and Amended in Senate Judiciary

SB 104 was introduced in the Kentucky Senate earlier this session and assigned to the Senate Judiciary Committee. The bill text is available on the Legislative Research Commission website:
https://apps.legislature.ky.gov/record/26rs/sb104.html

As advanced from committee, the bill would create a new criminal offense for knowingly approaching within 25 feet of a law enforcement officer or first responder who is performing official duties after being given a verbal warning to remain outside that distance. The bill covers police officers, sheriffs’ deputies, state troopers, and other first responders. The committee substitute also clarified that federal officers, including Immigration and Customs Enforcement personnel operating in Kentucky, are included within the scope of the measure.

Under the proposal, a first violation would be treated as a misdemeanor. Continued refusal to comply, or repeated violations, could escalate the charge. The most serious tier would be classified as a Class D felony.

A Class D felony in Kentucky carries a potential prison sentence of one to five years. The bill does not create a new sentencing category; it attaches existing felony penalties to a newly defined offense.

The measure does not amend Kentucky’s existing obstruction or disorderly conduct statutes. It creates an additional proximity-based offense.

The 25-Foot Rule and How It Would Be Enforced

The central operative clause is the 25-foot distance requirement after a warning. The bill does not require physical contact, interference, or obstruction. It requires proximity within the specified distance once a warning has been issued.

That detail matters procedurally. Under existing Kentucky law, obstruction of governmental operations under KRS 519.020 requires intentional obstruction, impairment, or hindrance of a governmental function. Disorderly conduct under KRS 525.060 requires specific disruptive behaviors in a public place.

SB 104 would add a separate trigger: remaining inside a 25-foot perimeter after being told to step back.

Enforcement would be officer-initiated. The officer engaged in official duties issues a verbal warning. If a person does not retreat beyond 25 feet, the officer may arrest or cite that individual for the new offense.

The bill text does not define how the 25-foot distance is to be measured in crowded or constrained environments. It does not specify exemptions for credentialed media, independent journalists, or bystanders documenting from public sidewalks. It does not include language addressing recording from elevated positions, such as apartment balconies or multi-story buildings.

Kentucky does recognize a First Amendment right to record police in public spaces under federal case law applicable within the Sixth Circuit, though the right is subject to reasonable time, place, and manner restrictions. The bill does not repeal that principle. It overlays a fixed distance requirement onto encounters that occur in public.

If enacted, the statute would apply statewide. Enforcement decisions would be made by local police departments, county sheriff’s offices, and the Kentucky State Police. In counties where federal immigration enforcement activity occurs, it would also apply during ICE operations conducted with local cooperation.

Inclusion of ICE and Federal Immigration Activity

The committee discussion and substitute language made clear that federal officers are included within the bill’s scope. Immigration and Customs Enforcement operates in Kentucky through field offices and in cooperation with local jails under federal detention agreements.

Oldham County, for example, approved a 287(g) agreement in 2025 expanding cooperation with federal immigration enforcement. Other counties have entered into federal detention contracts or intergovernmental service agreements with ICE.

The 287(g) program is authorized under Section 287(g) of the Immigration and Nationality Act, which permits the Department of Homeland Security to delegate certain immigration enforcement functions to trained local officers.
https://www.ice.gov/identify-and-arrest/287g

When local officers participate in such programs, they are engaged in federal immigration enforcement while acting under local authority. SB 104’s inclusion of ICE means that both federal officers and local officers operating under federal delegation would be covered by the 25-foot perimeter rule.

In practical terms, this would apply to immigration arrests at homes, workplaces, or public settings. It would also apply to courthouse operations if ICE officers are present during civil or criminal proceedings.

Kentucky has seen increasing public attention to immigration enforcement activity in recent years. Advocacy groups, local journalists, and community members have documented arrests and transfers. The bill would regulate proximity during those events.

The Committee Vote and Legislative Authority

Under the Kentucky Constitution, the General Assembly has authority to define criminal offenses. Bills must pass both chambers and be presented to the Governor for signature or veto. The Senate Judiciary Committee vote moved SB 104 to the Senate floor calendar.

Committee agendas and minutes are posted by the Legislative Research Commission.

Once on the Senate floor, the bill may be debated and amended. If it passes the Senate, it will move to the House of Representatives and be assigned to a House committee, likely the House Judiciary Committee. That committee may hold hearings, adopt amendments, or substitute new language.

If both chambers pass identical versions, the bill goes to the Governor. If the House amends the Senate version, the Senate must concur or a conference committee may be appointed to reconcile differences.

The Governor has ten days, excluding Sundays, to sign or veto the bill once it reaches his desk. A veto can be overridden by a constitutional majority of both chambers.

Until those steps occur, SB 104 is a proposal. Its legal effect begins only if enacted and codified into the Kentucky Revised Statutes.

Comparison With Similar Buffer Laws in Other States

Kentucky is not the first state to consider a fixed-distance rule around law enforcement. Arizona enacted a similar 8-foot buffer law in 2022. That law was later enjoined by a federal district court in Arizona Broadcasters Association v. Mayes after media organizations challenged it on First Amendment grounds.

Other states have debated 25-foot buffer proposals. Florida considered such a bill in 2023, though its final enacted language differed from early drafts.

Those examples matter procedurally because they show the path litigation can take after enactment. If SB 104 becomes law, it could face challenge in federal court. Kentucky falls within the Sixth Circuit, and any challenge would proceed through the U.S. District Courts in Kentucky before potential appellate review.

As of now, no lawsuit exists because the bill has not yet become law.

Current Kentucky Statutes and What Would Change

Kentucky’s current obstruction statute, KRS 519.020, requires intentional obstruction or impairment of a governmental function.
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50059

Disorderly conduct statutes require specified disruptive conduct.
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50244

SB 104 would add a new category based solely on remaining within a specified distance after a warning.

That addition would give officers a new enforcement tool separate from obstruction or disorderly conduct. It would not require proof that the person physically interfered. It would require proof that the person knowingly remained within 25 feet after being told to move.

Because the bill escalates penalties with repeated refusal, enforcement decisions during an encounter could determine whether a charge remains a misdemeanor or rises to felony level.

What Happens Next in Frankfort

The next procedural step is a Senate floor vote. The Senate Majority Floor Leader controls the daily calendar. If SB 104 is called for a vote and passes, it will be transmitted to the House.

House leadership will assign the bill to a committee. That committee may schedule a hearing. If the House amends the bill, the Senate must agree to those changes.

If the General Assembly adjourns before final passage, the bill dies and would need to be reintroduced in a future session.

Observers should watch for floor amendments, substitute language, and committee reports. The official bill history page on the LRC site tracks each action taken.

Dispatches from Kentucky

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