2020 Kentucky General Assembly Report
The Covid-19 Pandemic that swept the country overshadowed the 2020 regular session of the Kentucky General Assembly in the public eye. Despite problems created by the need to deal with the crisis, the General Assembly managed to complete its session. Most of the new legislation became effective on July 15, 2020. Legislation that was designated as emergency legislation became effective upon Gov. Andy Beshear’s signature. Some legislation has specific later effective dates. The following summaries are of bills that are of interest to law enforcement.
SENATE BILL 8 – SCHOOL SAFETY – This legislation, a follow up to the School Safety and Resiliency Act enacted in 2019, clarifies the definition of a school resource officer (SRO). It states that an SRO is a sworn law enforcement officer or special local enforcement officer who has received specialized training and whose primary job function is to work with youth at a school site. Designated entities shall cooperate to assign one or more SROs to serve each campus where there are one or more buildings to deliver instruction to students. SROs shall be armed with a firearm, notwithstanding any local policy or memorandum of agreement. The definition of “police officer” at KRS 61.315 was amended to include any SRO. In addition, any special law enforcement officer employed as an SRO shall be commissioned for four years. The bill also made an amendment to KRS 508.075, terroristic threatening in the second degree. It will now include making a false statement by any means, including electronic communication, indicating that an act likely to result in death or serious physical injury is occurring or will occur. This will now include doing the forbidden acts to create fear of death or serious physical injury among students, parents or school personnel.
SENATE BILL 15 – CONSTITUTIONAL AMENDMENT/CRIME VICTIM BILL OF RIGHTS– This bill will submit a proposed amendment to the Kentucky Constitution to provide for a crime victim bill of rights.
SENATE BILL 56 – SALE OF TOBACCO, ALTERNATIVE NICOTINE AND VAPOR PRODUCTS– EMERGENCY LEGISLATION – Amended KRS 438.305 to provide new definitions for “tobacco product” and “vapor product.” KRS 438.310 and 438.315 was amended to forbid the sale of any tobacco product, alternative nicotine product or vapor product to any person under age 21. KRS 438.311 now makes it unlawful for any person under the age or 21 to purchase or possess such products. Officers may confiscate these products from any person younger than 21. KRS 610.010(2) was amended to provide that tobacco offenses as provided in KRS 438.305 to 438.340 shall no longer be classified as status offenses for minors.
SENATE BILL 72 – FEMALE GENITAL MUTILATION – EMERGENCY LEGISLATION – Created a new offense of female genital mutilation in KRS Chapter 508. It is a class B felony to mutilate the genitals of a female under the age of 18 unless it is necessary to the health of the person, upon whom it is performed, or the person is in labor or has just given birth and the procedure is performed for medical purposes. The basic training academies in the state will be required to include appropriate training on the risk factors associated with female genital mutilation, the criminal penalties for committing the act, and the psychological and health effects on victims. KRS 600.020 is amended to include committing or allowing female genital mutilation of a minor in the definition of an abused or neglected child. KRS 620.030 is amended to require any person who knows or has reasonable cause to believe that a child is a victim of female genital mutilation to immediately make an oral or written report to a local law enforcement agency or Kentucky State Police, the Cabinet for Health and Family Services, the commonwealth’ attorney or county attorney.
SENATE BILL 80 - CRIME VICTIM BILL OF RIGHTS – Repeals, re-enacts and amends the Crime Victims Bill of Rights. It is conditional upon the voters ratifying a proposed constitutional amendment.If the amendment is ratified, the bill will take effect on Nov. 3, 2020.
SENATE BILL 111 – PUBLIC SAFETY PERSONNEL and TRAINING – Creates a new section of KRS chapter 72 to provide for the proper and respectful handling of the remains of a police officer, firefighter or emergency medical services personnel killed in the line of duty. The bill also amended KRS 15.440 to provide that the Kentucky Law Enforcement Council may, via promulgation of administrative regulations, approve basic training credit for completion if certain criteria is met.
SENATE BILL 122 – OUTPATIENT MENTAL HEALTH TREATMENT – Amended KRS 202A.0815 (1) to change involuntarily hospitalized pursuant to KRS 202A.051 to at least two times in the past 24 months, rather than 12 months.
HOUSE BILL 2 – HUMAN TRAFFICKING – Amended KRS 17.500(8) (a) to include as a sex crime, a felony offense of KRS 529.100 or 529.110 involving commercial sexual activity. KRS 49.370 was amended to provide that victims of human trafficking may be eligible for crime victim compensation funds. The bill created a new section in KRS Chapters 183, 277 and 281 to provide that signage will be posted in publicly accessible restrooms in airports, train stations and bus stations in English and Spanish displaying the current telephone number of the National Human Trafficking Resource Center hotline or any federally funded successor entity. KRS 529.100 was amended to add a definition for “abuse or threatened abuse of law or legal process.” The description of “commercial sexual activity” was amended to state “any sex act for which anything of value is given to, promised to or received by any person. The bill added a definition for “debt bondage,” and amended the definition of “force, fraud, or coercion” to state “includes but is not limited to:
The use or threat of force against, abduction of, restraint or serious harm of an individual;
The abuse or threatened abuse of law or legal process;
Facilitating, controlling or threatening to control an individual’s access to a controlled substance;
Knowingly destroying, concealing, removing, confiscating, possessing, or attempting to destroy, conceal, remove, confiscate or possess any actual or purported passport or other immigration documents or any other actual or purported government identification documents of the person or family member;
Use of debt bondage;
The use of an individual’s physical or mental impairment when the impairment has a substantial adverse effect on the individual’s cognitive or volitional function.
The bill also created a definition for “serious harm” as any harm, whether physical or nonphysical, including psychological, financial or reputational harm that is sufficiently serious to compel a reasonable person to perform or continue performing the commercial sexual activity to avoid incurring that harm. KRS 529.100 was amended to include as human trafficking subjecting one or more persons to engage in (a) forced labor or services; or (b) commercial sexual activity through the use of force, fraud or coercion, except if the person is under the age of 18. The commercial sexual activity need not involve force, fraud or coercion. Amendments were made to KRS 529.130 and 529.140 relating to the operation of the human trafficking victims fund, and KRS 529.180 was amended to increase limitations on what a person could raise in defense to prosecution under KRS 529.100 or 529.110.
HOUSE BILL 44 – KEY INFRASTRUCTURE ASSETS – Amended KRS 511.100 to include above ground natural gas or petroleum pipelines and a cable television headend. The bill also amended KRS 512.020 to include tampering with the operations of a key infrastructure asset in a manner that renders the operations harmful or dangerous as criminal mischief in the first degree.
HOUSE BILL 204 – SEX OFFENDER REGISTRANTS – Amended KRS 17.545 to include a publicly leased playground in places a registrant shall not reside within 1,000 feet of and clarifies the measurement shall be from the property line of the protected area to the property line of the registrant’s residence. The prohibition against a registrant residing within 1,000 feet of the restricted area shall not operate retroactively.
HOUSE BILL 298 – POLICE PURSUIT POLICIES – Created a new section in chapter 61 requiring law enforcement agencies to have a written pursuit policy taking into account a number of circumstances. The bill amended KRS 15.440 to require all police officers to successfully complete by Dec. 31, 2022, and every two years thereafter, a certified training course of not less than four hours in emergency vehicle operation. It also amended KRS 186.560 (effective July 1, 2020) to require the revocation of an operator’s license from any person convicted of fleeing or evading police in the second degree when the offense involved the operation of a motor vehicle.
HOUSE BILL 382 – GOLF CARTS – Amended KRS 189.286 to delete the restriction in subsection (4) providing that golf carts may only be operated on a public roadway between sunrise and sunset.
HOUSE BILL 570 – INTERLOCAL COOPERATION AGREEMENTS – Amended KRS 65.220 to change language to public agencies instead of local government units and the sheriff. The bill amended KRS 65.230 to define “interlocal agency” and “local government”and modify the definition of “public agency.” It also created a new section of KRS 65.210 to 65.300 to notify governing bodies of a public agency’s intent to enter into an interlocal agreement and other amendments relating to interlocal agreements.
