HB 298 Established Mandatory Pursuit Policy
On April 24, 2020, the Governor signed HB 298. The bill addresses policies and procedures for police vehicle pursuits and training in emergency vehicle operation. As part of this legislation, each law enforcement agency within the Commonwealth is required to “adopt, implement, enforce, and maintain written policies that establish standards and procedures for the vehicular pursuit of any person who has violated or is suspected of violating the laws of this state.”
The legislation sets forth a list of elements that MUST be included within your policies. That list can be found below in this informational correspondence. Two model policies that have been pre-determined to meet the statutory criteria can be found at:
KACo Vehicle Pursuit Policy
KLC Vehicle Pursuit Policy
The legislation requires that, once you have adopted a policy, your “agency shall cause a full copy of its policy to be filed with the Justice and Public Safety Cabinet, which shall maintain a list of law enforcement agencies that have complied with the requirements of this section.” For your convenience, we have established a designated email address for both policy submissions, and questions about the filing and review process. Please submit your approved policies and questions to DOCJT.PursuitPolicy@ky.gov.
For completed policy submissions, please indicate “submission” in the subject line. For questions, please indicate “question” in the subject line. Once your final submission has been reviewed and accepted by the Justice and Public Safety Cabinet, you will receive a verification email. Please retain that email for your records. We look forward to assisting you in this process.
HB 298 POLICY REQUIREMENTS
The policy shall create guidelines for determining when the interests of public safety and effective law enforcement justify the initiation or termination of a vehicular pursuit. The policy shall address the following subjects:
(a) The definition of pursuit that will be governed under the law enforcement agency's policy;
(b) Decision-making criteria or principles that are designed to assist peace officers in determining whether to initiate a pursuit. The criteria or principles may include but shall not be limited to:
1. The potential for harm or potential danger to others if the fleeing individual evades or escapes immediate custody;
2. The seriousness of the offense committed or believed to be committed, by the fleeing individual or individuals, prior to the officer activating emergency equipment;
3. If the officer has a reasonable and articulable suspicion that the driver or an occupant of the vehicle in which they are fleeing represent a clear and present danger to the public safety;
4. Safety factors that pose a risk to peace officers, other motorists, pedestrians, or other third parties;
5. Vehicular or pedestrian traffic safety and volume;
6. Weather and vehicle conditions;
7. Potential speeds of the pursuit; and
8. Consideration of whether the identity of an offender is known and could be apprehended at a later time;
(c) Responsibilities of the pursuing peace officer or officers, including pursuit tactics and when those tactics are appropriate for use by the officer or officers;
(d) Procedures for designating the primary pursuit vehicle and for determining the total number of vehicles that are permitted to participate at one (1) time in the pursuit;
(e) Coordination of communications during the pursuit, including but not limited to responsibilities of the pursuing officer to communicate with his or her communications center at the commencement of a pursuit regarding the location, direction of travel, reason for the pursuit, and ongoing status reporting during the pursuit;
(f) A requirement that there is supervisory control of the pursuit, including the responsibilities of command staff or other supervisors during the pursuit, if a supervisor is available;
(g) The circumstances and conditions where the use of pursuit intervention tactics, including but not limited to blocking, ramming, boxing, and roadblock procedures may be employed;
(h) Decision-making criteria or principles that are designed to assist peace officers in making an ongoing determination during the course of the pursuit of whether to continue the pursuit or to terminate or discontinue it. The criteria or principles may include but shall not be limited to:
1. The potential for harm or potential danger to others if the fleeing individual evades or escapes immediate custody;
2. The seriousness of the offense committed or believed to have been committed by the individual or individuals that are fleeing;
3. Safety factors that pose a risk to peace officers, other motorists, pedestrians, or other third parties;
4. Vehicular or pedestrian traffic safety and volume;
5. Weather and vehicle conditions;
6. Speeds of the pursuit;
7. Consideration of whether the identity of an offender is known and could be apprehended at a later time; or
8. Where the officer has a reasonable and articulable suspicion that the driver or an occupant of the vehicle in which they are fleeing represent a clear and present danger to the public safety;
(i) Procedures for coordinating the pursuit with other law enforcement agencies, including procedures for interjurisdictional pursuits; and
(j) A process for reporting and evaluating each pursuit by the law enforcement agency.
