House Bill 206 expands Kentucky Law Enforcement Council authority to decertify officers due to misdemeanor sex crimes

On April 20, Gov.Andy Beshear signed House Bill 206 from the 2022 Regular Legislative Session into law. HB 206 gives the Kentucky Law Enforcement Council (KLEC) the authority to decertify peace officers for committing misdemeanor sex crimes. The bill was sponsored by Representative Rachel Roberts (D-Campbell) and received bipartisan support in both houses.

At the ceremonial bill signing on June 9, the Governor emphasized that the legislation will allow for a higher level of vetting for law enforcement officers’ initial and continuing certifications. He also noted that HB 206 will hold all Kentucky peace officers, including KSP troopers and sworn personnel, accountable to the citizens of the commonwealth and provide an avenue to remove those who prove themselves unworthy for the trust bestowed upon them from the critical law enforcement profession.

HB 206 expands upon Senate Bill 80 from the 2021 Regular Legislative Session, which gave KLEC the ability to decertify officers for both misdemeanors and felonies. Before the signing of SB 80, KLEC could not decertify an officer if they were charged with a felony offense that was later reduced to a misdemeanor.

KLEC Executive Director John Moberly, who called SB 80 a step in the right direction, praised these proactive measures within HB 206.

“Once again, the Governor has taken a solid step in the right direction,” he said. “Ensuring that officers who have committed sex crimes are not on the streets or in the profession puts the safety of all Kentuckians first. While protecting the citizens of the commonwealth, it also ensures that agencies hire officers with the utmost integrity and who are dedicated to honor and protecting the public.”

HB 206 amends KRS 15.382 to prohibit anyone who has been convicted of various misdemeanor offenses and inchoate offenses under KRS Chapter 510 from being certified as a peace officer; amends KRS 15.386 to prohibit peace officers who have been convicted of various misdemeanor offenses and inchoate offenses under KRS Chapter 510 from returning to active certification from inactive status; and amends KRS 15.391 to provide that a peace officer's certification shall be revoked if he or she pleads guilty to, is convicted of, or enters an Alford plea to various misdemeanor offenses and inchoate offenses under KRS Chapter 510.

The following language,

“Not have been convicted of… a misdemeanor under KRS 510.120, 510.130, or 510.140; a second or subsequent offense under KRS 510.148; or a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, sexual abuse, or sexual misconduct;” 

has been added to all three statutes which involve an individual’s ability to obtain or maintain their peace officer certification.

Law enforcement officers from around the state were present at the June 9 signing and have voiced their support during the 2022 general assembly session to legislators representing counties across Kentucky. One such officer is Chief Mike Bosse of the Georgetown Police Department, who also serves as the KLEC Chairman of the Professional Standards Committee, who stated, “Kentucky law enforcement has supported these impactful amendments and in doing so has demonstrated its intention to hold this noble profession to the high standards that our citizens deserve. We are very thankful for Governor Beshear and our legislatures for supporting this initiative to rid law enforcement of those officers who do not belong in our honorable ranks.”

If an agency head is aware of an officer who is currently or previously employed with a Kentucky law enforcement agency who has been convicted of a misdemeanor sex crime, KLEC should be immediately notified at KLECS@ky.gov. Please provide a point of contact for your agency and identify the officer by name, agency and academy ID#. 

Beshear-Coleman Administration Commitment to Making Kentucky a National Leader in Public Safety

The Beshear-Coleman administration’s top priority is the safety of all Kentuckians. The public safety actions already taken by the Governor are creating safer communities and a better Kentucky now and into the future.

The recently enacted bipartisan state budget signed by Gov. Andy Beshear allows the commonwealth to take additional steps forward to make Kentucky a leader in public safety by enhancing law enforcement training, creating safer communities and improving the safety of both law enforcement officers and Kentuckians. In July, the Governor announced additional steps to enhance public and officer Safety including funding for firearms training, Western Kentucky training facility, increased training stipend.

Since taking office, Gov. Beshear has awarded almost $8 million in grant funding to assist state and local law enforcement agencies to purchase the tools and resources that will not only allow them to protect our communities but will also ensure their own safety as they stand on the front lines every day.

Last month Gov. Beshear announced the Military to Law Enforcement Program (M-2-LE). M-2-LE allows local law enforcement agencies in Kentucky to hire active service members within all branches of the U.S. Military during their last 180 days of service. Upon being contracted by a law enforcement agency, the military member will continue to receive their pay and benefits from the U.S. Military while they undergo law enforcement training at DOCJT.

In April, the Governor signed into law two pieces of legislation recently passed by the General Assembly to make historic investments in law enforcement by providing funds to KSP to recruit, train and retain the essential workforce needed to continue to provide the highest level of security to all Kentuckians. House Bill 259 ensures that all troopers will receive a $15,000 raise. Additionally, KSP’s starting pay for sworn officers will increase from $37,887 to $55,888 annually. By signing Senate Bill 209, Gov. Beshear established paid vacation, sick leave and holiday pay, as well as enhanced health insurance contribution payments for retired KSP troopers and CVE officers.

Also, as the Governor recommended in January 2022, $12.2 million was included in the state budget for KSP to purchase body cameras, which is the first time in the commonwealth’s history that funding has been allocated for this much-needed expense.

Gov. Beshear has championed legislative action like Senate Bill 64 and House Bill 254, making it easier for law enforcement to conduct undercover stings and increase the chances of stopping a horrific crime against a child from being facilitated through the internet. These actions will also provide law enforcement officers with the authority to charge offenders with harsher crimes to keep them away from the public, preventing further interactions with Kentucky’s most vulnerable population.