2021 Kentucky General Assembly Summary
The 2021 regular session of the Kentucky General Assembly produced several legislative items of interest to law enforcement. This is a brief review of some of the more noteworthy bills. Officers are encouraged to go to https://legislature.ky.gov and click the link to bills to read the new legislation in its entirety. Unless enacted as emergency legislation or the bill specified a later effective date, all new laws and amendments will become effective on June 29, 2021.
SENATE BILL 4 — NO-KNOCK WARRANTS
This bill, which limits the use of no-knock warrants, was perhaps the most noteworthy and publicly discussed pieces of legislation from this session. Search warrants will be permitted in cases where it is established to the court by clear and convincing evidence that the case involves a crime that would qualify a person, if convicted, as a violent offender under KRS 439.3401, or violations of KRS 525.040, 527.200, 527.205, and 527.210.
Also, no-knock warrants are allowed only if the facts of the case established that giving prior notice would endanger life or result in loss of destruction of evidence, for the aforementioned charges. Entry must be between 6 a.m. and 10 p.m. unless there are exigent circumstances established to the court requiring entry at a later hour. The bill specifies that SWAT officers or other officers who are part of an established, trained team shall execute the warrant, unless such trained officers are not available and the court is persuaded, by clear and convincing evidence, of the need to execute the warrant in a timely manner. Officers shall have body-worn cameras, and a certified or licensed paramedic must be in proximity and available to provide medical assistance, if needed. This bill was signed into law by Gov. Andy Beshear on April 9, 2021. https://www.youtube.com/watch?v=v_2tuDQ9aoM
SENATE BILL 52 — AMENDS SEX-CRIME STATUTE
Amends KRS 510.060, third-degree rape, to include a peace officer who subjects a person in custody or under arrest to sexual intercourse. In addition, it amends KRS 510.090, third-degree sodomy, to include a peace officer who subjects a person in custody or under arrest to deviate sexual intercourse. Finally, it amends KRS 510.120, second-degree sexual abuse, to include a peace officer who subjects a person in custody or under arrest to sexual contact. This bill was signed into law on March 25, 2021, by Gov. Andy Beshear.
SENATE BILL 64 — DEFINES REGISTRANT AND ADULT INTERMEDIARY FOR SEX OFFENDER REGISTRY
Amends KRS 510.010 to define "registrant" and "adult intermediary” and KRS 510.155 to include communications with adult intermediaries for minors. It also enhances punishment if the minor or perceived minor is under 12 years old, the offender is a registered sex offender, or a person travels into the commonwealth for the purpose of procuring or promoting the use of a minor. This bill was signed into law on March 23, 2021, by Gov. Andy Beshear. https://www.youtube.com/watch?v=EhGDfrViEAQ&t=2s
SENATE BILL 80 — POLICE OFFICER CERTIFICATION
Makes amendments in KRS Chapter 15 to change laws relating to peace officer certification. This bill was signed into law on March 22, 2021, by Gov. Andy Beshear. https://www.youtube.com/watch?v=if5jHyMVoSc
SENATE BILL 84 — RAPE LAWS
Among other changes, amends KRS 510.060, third-degree rape, and KRS 510.090 third-degree sodomy, to include a peace officer who subjects a person in custody or under arrest to sexual intercourse or sodomy. Also, amends KRS 510.120, second-degree sexual abuse, to include a peace officer who subjects a person in custody or under arrest to sexual contact. This bill was signed into law by Gov. Andy Beshear on March 23, 2021.
SENATE BILL 267 — PERSONALLY IDENTIFYING INFORMATION
Creates a new offense in KRS Chapter 525 relating to dissemination of personally identifying information. This bill was signed into law by Gov. Andy Beshear on April 8, 2021.
HOUSE BILL 105 — MISSING PERSONS
Amends KRS 39F.180 to require that any agency searching for a lost or missing person contact appropriate agencies within four hours of receiving the report. This bill was signed into law by Gov. Andy Beshear on March 23, 2021. https://www.youtube.com/watch?v=EhGDfrViEAQ&t=2s
HOUSE BILL 125 — MOTORCYCLE’S OPERATOR’S LICENSE
Creates a new section in KRS Chapter 186 to require the Transportation Cabinet to establish a restriction category on the motorcycle operator’s license to restrict license holders to operation of three-wheeled motorcycles only, and changes related training issues. This bill was signed into law by Gov. Andy Beshear on April 5, 2021. https://www.youtube.com/watch?v=z_k7GzCGQXQ&t=1117s
HOUSE BILL 126 — THEFT STATUTES
Makes amendments to theft statutes to raise the felony threshold to $1,000, creates a Class B misdemeanor for property valued less than $500, and Class A misdemeanor for property valued at least $500 but less than $1,000. This bill was signed into law by Gov. Andy Beshear on March 22, 2021. https://www.youtube.com/watch?v=if5jHyMVoSc
HOUSE BILL 254 — MATTER PORTRAYING A SEXUAL PERFORMANCE BY A MINOR
Amends KRS 531.335 and KRS 531.340 to raise the penalties for cases involving matter portraying a sexual performance by a minor. This bill was signed into law by Gov. Andy Beshear on March 23, 2021. https://www.youtube.com/watch?v=EhGDfrViEAQ&t=2s
HOUSE BILL 273 — OPEN RECORDS ACT
This emergency legislation amends KRS 61.878 to exclude photos or videos of a person’s death, killing, rape, or sexual assault or abuse from being released under the Open Records Act. This bill was signed into law on March 23, 2021. https://www.youtube.com/watch?v=EhGDfrViEAQ&t=2s
HOUSE BILL 277 — OPERATOR’S LICENSE FOR ARMED FORCES MEMBERS AND FAMILY
Amends KRS 186.430 to exempt a member of the Armed Forces, their spouse, and dependent children who hold a valid operator’s license from another state from requiring them to obtain a Kentucky operator’s license when assigned to Kentucky, but maintain permanent residence elsewhere. This bill was signed into law by Gov. Andy Beshear on March 22, 2021. https://www.youtube.com/watch?v=if5jHyMVoSc
HOUSE BILL 307 — CANNABINOID PRODUCTS
Amends KRS 218A.010 to exclude certain cannabinoid products from the definition of marijuana. This bill was signed into law by Gov. Andy Beshear on March 25, 2021.
HOUSE BILL 310 — PAROLE OF PERSONS CONVICTED OF SEX CRIMES
Amends KRS 439.340 to require notice and hearings prior to parole of persons convicted of sex crime classified as a class D felony under KRS 17.500, and amends KRS 510.037, 456.010, and 403.720 to clarify that inchoate offenses are included in the statutory offenses. This bill was signed into law by Gov. Andy Beshear on April 1, 2021.
HOUSE BILL 389 — NEGLECT AND ABUSE CASES
Amends KRS 620.140 to create procedures for informal adjustment of certain dependency, neglect and abuse cases. This bill was signed into law by Gov. Andy Beshear on April 5, 2021. https://www.youtube.com/watch?v=z_k7GzCGQXQ&t=1117s
HOUSE BILL 439 — OPERATOR’S LICENSE
Amends KRS 186.577 to require vision testing on an operator’s license renewal, and make other amendments to statutes to conform. This bill was signed into law by Gov. Andy Beshear on March 25, 2021.
HOUSE BILL 448 — DEFINES MENTAL HEALTH PROFESSIONAL
Amends KRS 600.020 to expand the definition of “qualified mental health professional.” This bill was signed into law by Gov. Andy Beshear on March 22, 2021. https://www.youtube.com/watch?v=if5jHyMVoSc
HOUSE BILL 472 — EXTENDS STATUTE OF LIMITATIONS ON MISDEMEANOR SEX OFFENSE CASES
This emergency legislation amends KRS 500.050 to extend the statute of limitations for a misdemeanor sex offense against a minor to 10 years from the current five-year statute of limitations. The bill makes other amendments relating to civil lawsuits against the offender. This bill was signed into law by Gov. Andy Beshear on March 23, 2021. https://www.youtube.com/watch?v=EhGDfrViEAQ&t=2s
