Governor Beshear Signs Senate Bill 80
On March 22, Gov. Andy Beshear signed a bill into law designed to give the Kentucky Law Enforcement Council (KLEC) more authority to decertify law enforcement officers found guilty of crimes.
Senate Bill 80 amends KRS 15.391 to revise the definition of "professional malfeasance" and "professional nonfeasance.” It adds grounds for revoking peace officer certification and allows KLEC to impose any reasonable condition upon the reinstatement of certification and provide subpoena power to the council.
It also amends KRS 15.392 to remove reference to KRS 15.386 and creates a new section of KRS Chapter 15 to allow law enforcement agencies to offer conditional employment, pending an investigation into the applicant’s certification status and former employment conduct. It requires KLEC to provide information on an officer's certification status to an out-of-state law enforcement agency.
KLEC Executive Director John Moberly said Senate Bill 80 is a step in the right direction to ensure officers who are not suited to serve our citizens are kept out of uniform.
“Strengthening Kentucky’s policing depends on the ability for KLEC to uphold the utmost ethical and professional standards for the commonwealth’s law enforcement officers and agencies,” said Director Moberly. “This bill was sought by current and former law enforcement officers advocating for accountability and positive change for Kentucky’s law enforcement. KLEC strongly believes that this bill is a step toward creating a better Kentucky through criminal justice reform.”
During the quarterly meeting of the Kentucky Law Enforcement Council on Feb. 18, Director Moberly told KLEC’s board members that before Senate Bill 80’s passing, loopholes existed, making it easy for delinquent officers to circumvent the system.
Director Moberly explained that, under the former law, an officer charged with a felony offense, could have the charge reduced to a misdemeanor and maintain their certification. SB 80 would close this loophole and allow KLEC to consider removing their police powers. Though they are found guilty, the lesser charge did not give KLEC the authority to pursue certification revocation. Under that law, while the officer convicted of a misdemeanor could be terminated from an agency, there was nothing to prevent them from working for other law enforcement departments in another town.
Hardin County Sheriff and KSA’s current president John Ward called the bill’s passage “a positive step.”
“I feel that we do a great job in Kentucky with what was in place, but I think this shows the citizens of our state that we’re not going to put unqualified people on the streets,” Ward said. “It will allow the public to realize that we mean business, and we do take care of anything that comes up within law enforcement.”
There are safeguards within the bill that gives KLEC discretion.
With a misdemeanor, it’s not a “shall,” it’s a “may,” Moberly explained. “It gives the council a little wiggle room to determine if this is a potential one-time bad decision, or if it involves an officer who has a history of bad decisions.”
