2019 New Kentucky Legislation
The following is a summary of new legislation enacted by the 2019 Kentucky General Assembly. Unless otherwise indicated, new statutes are effective as of June 27, 2019. A full summary of all new legislation, including additional new laws of interest to law enforcement not listed in this summary, is available on the Kentucky Department of Criminal Justice Training website.
Senate Bill 1: School Safety
EMERGENCY - This bill changes the definition of a School Resource Officer (SRO). It also increases reporting for schools, establishes a school safety coordinator training program and requires every district to have a school safety coordinator. It establishes the position of school security marshal under DOCJT, who will oversee school security risk assessments and mandates specialized training for SROs. It requires hiring SROs (as funds allow) and increases building security for schools, including active-shooter training for staff and suggests law enforcement training for student-involved trauma. It further requires the Kentucky Department of Homeland Security to develop a reporting tool for the anonymous reporting of threats.
Senate Bill 162: KSP / Schools
This bill provides a mechanism for KSP to allow troopers to work as SROs for schools and outlines the policies and procedures for such employees. It adds relevant definitions for all SROs.
House Bill 328: Firearms / Schools
This bill prohibits 18-year-old students from having a firearm in a vehicle parked on school premises.
Senate Bill 67: Sex Crimes Involving Animals
This bill creates a new offense in KRS 525 entitled sexual crimes against an animal and provides animal control officers the authority to conduct investigations. It is a Class D felony.
Senate Bill 70: Strangulation
This bill creates new offenses in KRS 508 for strangulation (as a crime separate from assault.) It has two degrees, with the only difference being whether it is done intentionally or wantonly, and both degrees are felonies.
House Bill 130: Terroristic Threatening
This bill adds public events and places of worship to locations covered under terroristic threatening in both the first and second degrees.
House Bill 470: Manslaughter / Naloxone
This bill provides for an additional element to be added to second-degree manslaughter, if it can be proven the defendant has sold a drug that is the proximate cause of death.
DRIVING UNDER THE INFLUENCE
Senate Bill 85: DUI / Ignition Interlock
This bill updates Ignition Interlock devices to require cameras and creates penalties for violating conditions of Ignition Interlock use for both drivers and anyone who assists them with false statements, etc. It also changes the sentencing and aggravating circumstances for first-time offenders, including the option of requiring the surrender of license plates, unless the offender qualifies for an Ignition Interlock or hardship license. It allows law enforcement to record refusal and tweaks use of blood tests for controlled substances if taken more than two hours after cessation.
Senate Bill 150: Firearms
This bill removes the requirement for a Concealed Carry Deadly Weapon permit for those 21 years of age or older and otherwise qualified to carry a firearm, but they may carry only in the areas covered under the existing CCDW law.
Senate Bill 18: Pregnancy Accommodations
This bill provides employment protection for pregnant women, including the provision of reasonable accommodations before and after childbirth, and while breastfeeding.
Senate Bill 55: Green Alert
This bill creates a Green Alert for “veteran at risk” – someone known to have physical or mental conditions, including PTSD, related to their service.
The following bills apply specifically to sheriff’s offices.
Senate Bill 103: Impound
This bill increases fees for impound and storage of vehicles allowed to sheriff’s offices.
House Bill 201: Service of Process
This bill changes non-resident service of process.
House Bill 337: Residency requirements for deputy sheriffs
This bill allows the hiring of deputy sheriffs who live in another state.
House Bill 397: Increase in service fees for sheriffs
This bill increases the service fees allowed to sheriff’s offices.
Senate Bill 121: Sexual Assault Training
This bill tweaks requirements for law enforcement agencies to obtain sexual assault training.
House Bill 191: Peace Officer Revocation
This bill establishes a process to revoke the certification of a Kentucky peace officer under specific circumstances. Revocation will be mandated upon conviction of a state or federal felony, a prohibition on possessing a firearm and receipt of a dishonorable or bad conduct discharge from the military, as well as when the certification is as the result of an administrative error. The bill also provides for an appeal and hearing process.
House Bill 141: Forfeiture
This bill requires restricted accounts for forfeiture proceeds.
House Bill 158: Juveniles
This bill expands abuse categories to fictive kin, persons in positions of special trust and of authority.
House Bill 248: Boating DUI
This bill amends 431.005 to allow for a warrantless arrest for a BUI that involves an accident and increases fines.
House Bill 254: University Freedom of Speech
This bill emphasizes free-speech rights on college campuses and criminalizes disruption of a speaker in specific circumstances.
House Bill 257: Amusement Park Rides
This bill provides for new offenses under KRS 247 for conduct at amusement rides and attractions, including hazardous conduct in or around rides.
House Bill 256: Alcohol Sales
(EMERGENCY) This bill allows the consumption of alcoholic beverages in dry and moist counties if legally purchased elsewhere, and at public and private events, so long as no “sales” are made. Caterers may serve at events in dry counties if the caterer has a licensed premise elsewhere in the state.
House Bill 375: Wireless Communication
This bill mandates carriers to provide location information to Public-Safety Answering Point and law enforcement agencies when needed. It also requires other public responders (such as fire, EMS and rescue) to work through those entities to obtain the information, should it be needed.
House Bill 411: Assistance Animals
This bill clarifies who may sign off on an emotional-support animal in Kentucky and provides a criminal penalty for fraud, deceit or dishonesty in assistance animals (service animals under federal law).
TRAFFIC / DRIVING
Senate Bill 77: Operator’s License Delayed Enactment (Jan. 1, 2020)
This bill creates a process to include information on donor status for operator’s licenses and identification cards.
House Bill 244: Traffic (Work Zones)
This bill clarifies work-zone fines and when the fine will be doubled. Enforcement requires signage and the presence of at least one worker for the fine to apply.
House Bill 258: Scooters
This bill defines low-speed electric scooters and motor scooters (as defined in KRS 186.010) and provides for when and where they may be legally operated. It also provides that low-speed electric scooters are not motor vehicles under KRS 189.010 and that motor scooters must be registered.
House Bill 154: Roadworthy Golf Carts
This bill requires that golf carts on public roads meet certain safety requirements (headlights, reflectors, etc.).