Gov. Beshear, General Assembly Pass Legislation Enhancing Officer, Public Safety
Gov. Andy Beshear and the Kentucky General Assembly passed several laws of interest to law enforcement during its 30-day 2023 session. The effective date of the new legislation is June 29, 2023, unless it was emergency legislation or has a deferred active date. The bills as enacted can be reviewed in their entirety at https://apps.legislature.ky.gov/record/23rs/law.html.
This summary is not intended to be a comprehensive analysis of the legislation, nor is it intended as legal advice. Any questions concerning the proper interpretation of the legislation should be referred to the agency’s legal advisor. New legislation can present complex issues of interpretation and implementation. If questions arise, the agency should consult its legal advisor for assistance.
Senate Bills (SB):
SB 9: In a bill to fight hazing, KRS Chapter 508 was amended to add new definitions to define “hazing,” “student,” and “organization.” It establishes the Class D felony offense of first-degree hazing- and the Class A misdemeanor offense of second-degree hazing.
SB 47: Creates new sections of KRS 218A to establish a medicinal cannabis program beginning in 2025.
SB 80: Amended 17.545 to prohibit a registered sex offender from loitering within 1,000 feet of clearly defined grounds of schools, playgrounds, or daycares, and amended 508.025 to add healthcare providers working in the emergency room to the list of protected persons in Assault third degree.
SB 89: Allows urban county governments to reemploy retired officers so long as they meet the new conditions contained in KRS 67A.
SB 101: Increases the employment contract training reimbursement for new police officers from three to five years.
SB 199: Amended KRS 189A.105 to require a qualified medical professional to withdraw a blood sample when presented with a search warrant or court order to withdraw the blood in a DUI case; and to provide criminal and civil immunity to qualified medical professionals and medical care facilities that withdraw blood when presented with a search warrant or court order.
House Bills (HB):
HB 64: This bill allows separated officers that did not attend a basic academy and were grandfathered by statute to have one year to re-enter a peace officer position, or lose their certification.
HB 115: Added definitions to KRS 525.010 for Electronic Detection Dog and Police Dog.
HB 144: Created a new section of KRS Chapter 15 to define terms; provide protections from in-person access to private, open land by law enforcement; require law enforcement to utilize body-worn cameras and audio devices while on private, open land; provide exceptions.
HB 153 (EMERGENCY): Created a new section of Ch. 237 to prohibit enforcement of federal firearms bans by identified entities, including local law enforcement officers and agencies.
HB 207: Allows law enforcement agencies to create their own wellness programs. Establishes confidentiality for certain records within the programs that will not be subject to open records or subpoenas.
HB 249: Amended KRS 532.025 to include the intentional killing of a child under 12 as an aggravating circumstance in determining the death penalty.
HB 262 (EMERGENCY): Amended KRS 189A.103 to remove references to manufacturer’s instructions for breath testing equipment; created the Class B felony of Vehicular Homicide in KRS Chapter 507.
HB 373: Amended multiple KLEC related statutes. A few notable changes include the following. The bill places the Court Security Officer under the same revocation standards as peace officers. It allows a certified peace officer who has completed all required training before separation, and has been on inactive status for less than a year, to return to certified status without any additional training requirements. This bill also redefines a “CJIS telecommunicator”, requires an agency seeking to hire any telecommunicator to certify to the council that the applicant meets the qualifications for employment, and requires all part-time telecommunicators to be certified and trained.
HB 380: Created new sections of KRS Chapters 15, 67C, and 95 to allow a person who is at least 20 years old to be hired by a law enforcement agency to attend basic training if the person will be 21 years old when they become a certified peace officer; requires the Kentucky Law Enforcement Council to allow a person who is 20 years old to attend basic training if the person is 21 years old by the conclusion of basic training.
HB 540: Amended KRS 158.441 and KRS 158.4414 to specify that private and parochial schools can enter memorandums of understanding with local law enforcement agencies or the Department of Kentucky State Police to provide school resource officers.
HB 544: In support of Executive Order 2022-799, The General Assembly has directed the Cabinet of Health and Human Services (CHFS) to include delta-8 products under a current administrative regulation on hemp-derived products (902 KAR 45:190). Such regulation must provide for sales to be limited to those over age 21 and establish a testing process for the product.
HB 551: Authorizes the establishment of sports wagering systems and regulations.
HB 594 (EMERGENCY): Amended KRS 528.010 to define and ban certain gaming machines known as “gray machines” or “skill games” that are like slot machines but fall into a regulatory gray area.
