AN ACT relating to the destruction of confiscated firearms.

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AN ACT relating to the destruction of confiscated firearms. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 16.220 is amended to read as follows: 3
(1) Subject to the duty to return confiscated firearms to innocent owners pursuant to 4
KRS 500.090, all firearms confiscated by the Department of Kentucky State Police 5
and not retained for official use pursuant to KRS 500.090 shall be destroyed[sold at 6
public auction to: 7
(a) Federally licensed firearms dealers holding a license appropriate for the type 8
of firearm sold; or 9
(b) For a firearm which was used in a homicide, any person who certifies on a 10
form provided by the Department of Kentucky State Police prior to placing a 11
bid that he or she will, upon completion of the auction, leave the firearm with 12
the Department of Kentucky State Police for destruction. A state or local 13
government or agency th ereof shall not purchase a firearm under this 14
paragraph. 15
(2) Any provision of KRS Chapter 45 or 45A relating to disposition of property to the 16
contrary notwithstanding, the Department of Kentucky State Police shall: 17
(a) Conduct any auction specified by this section; 18
(b) Retain for departmental use twenty percent (20 %) of the gross proceeds from 19
any auction specified by this section; 20
(c) Transfer remaining proceeds of the sale to the account of the Kentucky Office 21
of Homeland Security for use as provided in subsection (5) of this section; 22
and 23
(d) For any sale pursuant to subsection (1)(b) of this section, destroy the firearm]. 24
(2)[(3)] Prior to the destruction[sale] of any firearm, the Department of Kentucky 25
State Police shall make an attempt to determine if the firearm to be destroyed[sold] 26
has been stolen or otherwis e unlawfully obtained from an innocent owner and 27
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return the firearm to its lawful innocent owner, unless that person is ineligible to 1
purchase a firearm under federal law. 2
(3)[(4)] The Department of Kentucky State Police shall receive firearms and 3
ammunition confiscated by or abandoned to every law enforcement agency in 4
Kentucky. The department shall dispose of the firearms received in the manner 5
specified in subsection (1) [subsections (1) and (2)] of this section. [ However, 6
firearms which are not retained for official use, returned to an innocent lawful 7
owner, or transferred to another government agency or public museum shall be sold 8
as provided in subsection (1) of this section. 9
(5) The proceeds of firearms sales shall be utilized by the Kentucky Office of 10
Homeland Security to provide grants to city, county, charter county, unified local 11
government, urban -county government, and consolidated local government police 12
departments; university safety and security departments organized pursuant to KRS 13
164.950; school districts that employ special law enforcement officers as defined in 14
KRS 61.900; airport safety and security departments established under KRS 15
183.880; and sheriff's departments for the purchase of: 16
(a) Body armor for sworn peace officers of those depa rtments and service 17
animals, as defined in KRS 525.010, of those departments; 18
(b) Firearms or ammunition; 19
(c) Electronic control devices, electronic control weapons, or electro -muscular 20
disruption technology; and 21
(d) Body-worn cameras. 22
In awarding grants under this section, the Kentucky Office of Homeland Security 23
shall give first priority to providing and replacing body armor and second priority to 24
providing firearms and ammunition, with residual funds available for the purchase 25
of body -worn cameras, elec tronic control devices, electronic control weapons, or 26
electro-muscular disruption technology. Body armor purchased by the department 27
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receiving grant funds shall meet or exceed the standards issued by the National 1
Institute of Justice for body armor. No po lice or sheriff's department shall apply for 2
a grant to replace existing body armor unless that body armor has been in actual use 3
for a period of five (5) years or longer. Any department applying for grant funds for 4
body-worn cameras shall develop a policy for their use and shall submit that policy 5
with its application for the grant funds to the Office of Homeland Security as part of 6
the application process. 7
(6) The Department of Kentucky State Police may transfer a machine gun, short -8
barreled shotgun, shor t-barreled rifle, silencer, pistol with a shoulder stock, any 9
other weapon, or destructive device as defined by the National Firearms Act which 10
is subject to registration under the National Firearms Act and is not properly 11
registered in the national firearms transfer records for those types of weapons, to the 12
Bureau of Alcohol, Tobacco, and Firearms of the United States Department of 13
Justice, after a reasonable attempt has been made to transfer the firearm to an 14
eligible state or local law enforcement agenc y or to an eligible museum and no 15
eligible recipient will take the firearm or weapon. National Firearms Act firearms 16
and weapons which are properly registered and not returned to an innocent lawful 17
owner or retained for official use as provided in this sec tion shall be sold in 18
accordance with subsection (1) of this section.] 19
Section 2. KRS 45.777 is amended to read as follows: 20
(1) The proceeds from the sale of major items of equipment or real property, purchased 21
in whole or in part with capital construction funds, shall be deposited into the 22
general fund unless federal funding restraints require otherwise. 23
(2) The provisions of this section shall not apply to: 24
(a) The sale of real property held as right-of-way; or 25
(b) The sale of equipment by the Transportation Cabinet[; or 26
(c) The sale of confiscated firearms]. 27
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Section 3. KRS 147A.002 is amended to read as follows: 1
(1) The Department for Local Government shall be headed by a commissioner and 2
shall consist of the: 3
(a) Office of Financial Management and Administration, which shall be headed 4
by an executive director appointed by the commissioner and shall be 5
responsible for duties including but not limited to: 6
1. Local government financial assistance; 7
2. County budget approval; 8
3. Performance of various recordkeeping requirements for the 9
Commonwealth's cities, counties, and special districts; 10
4. Provision of administrative support for the state local debt officer and 11
the state local finance officer; 12
5. Administration of the county officials training incentive program set 13
forth in KRS 64.5275; and 14
6. Provision of financial analysis and guidance r elated to the internal 15
budgetary processes of the Department for Local Government; 16
(b) Office of Federal Grants, which shall be headed by an executive director 17
appointed by the commissioner and shall be responsible for the administration 18
of all federal grant programs; 19
(c) Office of State Grants, which shall be headed by an executive director 20
appointed by the commissioner and shall be responsible for the administration 21
of all state grant programs, including the Renaissance on Main Program, the 22
area development fund, [ the body armor program set forth in KRS 16.220,] 23
the cemetery fund program, single county coal severance grants, and any state 24
grant programs or individually funded projects awarded by statute or budget; 25
(d) Office of Legal Services, which shall be headed by an executive director 26
appointed by the commissioner and shall be responsible for legal services 27
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within the Department for Local Government and for its constituencies around 1
the Commonwealth; and 2
(e) Office of Field Services, which shall be hea ded by an executive director 3
appointed by the commissioner and shall be responsible for duties including 4
but not limited to staffing regional offices to assist local governments. 5
(2) The commissioner, with the approval of the Governor, shall appoint necess ary 6
deputies, assistants, attorneys, and other employees and shall fix their compensation and 7
authorize payment of their expenses according to law. 8
Section 4. KRS 500.090 is amended to read as follows: 9
(1) Except as prov ided in KRS 500.092, all property which is subject to forfeiture 10
under any section of the Kentucky Penal Code shall be disposed of in accordance 11
with this section. 12
(2) (a) Property other than firearms which is forfeited under any section of this code 13
may, upon order of the trial court, be destroyed by the sheriff of the county in 14
which the conviction was obtained. 15
(b) Property other than firearms which is forfeited under any section of this code 16
may, upon order of the trial court, be sold at public auction. The expenses of 17
keeping and selling such property and the amount of all valid recorded liens 18
that are established by intervention as being bona fide shall be paid out of t he 19
proceeds of the sale. The balance shall be paid to: 20
1. The state, if the property was seized by an agency of the state or peace 21
officer thereof; 22
2. The county, if the property was seized by the sheriff or an agency or 23
peace officer of the county; 24
3. The Department of Fish and Wildlife Resources, if the property was 25
seized by a peace officer of the Department of Fish and Wildlife or was 26
seized by any other officer for violation of KRS Chapter 150; 27
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4. The city, if the property was seized by the city or by an agency or peace 1
officer thereof and the property was delivered to the city property clerk; 2
5. The city (ninety percent (90%) of the proceeds) and the sheriff (ten 3
percent (10%) of the proceeds), if the property was seized by the city or 4
by an agency or peace officer thereof and the property was delivered to 5
the sheriff or the county police; or 6
6. The state, if the property was seized by any combination of agencies 7
listed above. 8
(c) 1. Subject to the duty to return confiscated firearms and ammunition to 9
innocent owners pursuant to this section, all firearms and ammunition 10
confiscated by a state or local law enforcement agency, all firearms 11
ordered forfeited by a court, and all abandoned firearms and ammunition 12
coming into the custody of a state or local la w enforcement agency and 13
not retained for official use shall be transferred to the Department of 14
Kentucky State Police for disposition as provided by KRS 16.220. 15
2. The transfer shall occur not more than ninety (90) days after the 16
abandonment of the firea rm or ammunition to the law enforcement 17
agency or not more than ninety (90) days after its confiscation, unless a 18
court requires the firearm or ammunition for use as evidence, in which 19
case it shall be transferred to the Department of Kentucky State Police 20
not more than ninety (90) days following the order of forfeiture by the 21
court or after the court returns the firearm or ammunition from use as 22
evidence.[ Prior to the sale of any firearm or ammunition, the law 23
enforcement agency shall make a bona fide att empt to determine if the 24
firearm or ammunition to be sold has been stolen or otherwise 25
unlawfully obtained from an innocent owner and return the firearm and 26
ammunition to its lawful innocent owner, unless that person is ineligible 27
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to purchase a firearm und er federal law. This subsection relating to 1
auction of firearms and ammunition shall not apply to firearms and 2
ammunition auctioned by the Department of Fish and Wildlife that may 3
be sold to individual purchasers residing in Kentucky who are eligible 4
under federal law to purchase firearms and ammunition of the type 5
auctioned.] 6
(d) If property which is forfeited under any section of this code is determined by 7
the trial court to be worthless, encumbered with liens in excess of its value, or 8
otherwise a burden some asset, the court may abandon any interest in such 9
property. Property which is abandoned pursuant to this section shall be 10
returned to the lawful claimant upon payment of expenses for keeping the 11
property. 12
(e) Property which is forfeited under any sect ion of this code may, upon order of 13
the trial court, be retained for official use in the following manner:[.] 14
1. Property which has been seized by an agency of the state may be 15
retained for official state use;[.] 16
2. Property which has been seized by an age ncy of a county, city, charter 17
county government, [or] urban-county government , consolidated local 18
government, or unified local government may be retained for official 19
use by the government whose agency seized the property or for official 20
state use; and[.] 21
3. Property seized by any other unit of government may be retained only 22
for official state use. 23
The expenses for keeping and transferring such property shall be paid by the 24
unit of government by which the property is retained. 25
(3)[(2)] Money which has bee n obtained or conferred in violation of any section of 26
this code shall, upon conviction, be forfeited for the use of the state. This subsection 27
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shall not apply when, during the course of the proceeding in which the conviction is 1
obtained, the person from whom said money was unlawfully acquired is identified. 2
(4)[(3)] Property forfeited under any section of this code shall be disposed of in 3
accordance with this section only after being advertised pursuant to KRS Chapter 4
424. This subsection shall not apply to property which is designed and suitable only 5
for criminal use or to money forfeited under subsection (3)[(2)] of this section. 6
(5)[(4)] The trial court shall remit the forfeiture of property when the lawful claimant: 7
(a) Asserts his or her claim before d isposition of the property pursuant to this 8
section; 9
(b) Establishes his or her legal interest in the property; and 10
(c) Establishes that the unlawful use of the property was without his or her 11
knowledge and consent. This subsection shall not apply to a lie nholder of 12
record when the trial court elects to dispose of the property pursuant to 13
subsection (2)[(1)](b) of this section. 14
(6)[(5)] For purposes of this section, "lawful claimant" means owner or lienholder of 15
record. 16
(7)[(6)] (a) Before property which has had its identity obscured in violation of KRS 17
514.120 may be sold or retained for official use as provided in this section, the 18
court shall cause a serial or other identifying number to be placed thereon, and 19
a record of the number assigned shall be plac ed in the court order authorizing 20
the sale or retention of the property. This number shall be assigned, whenever 21
applicable, in consultation with the Department of Kentucky State Police and 22
any other state or federal regulatory agency. 23
(b) The purchaser o f the property shall be given a document stating that the 24
property had been forfeited pursuant to law and that a number, shown on the 25
document, has been assigned which shall be deemed as compliance of the 26
owner with KRS 514.120. When property is returned t o an owner pursuant to 27
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this section and its identity has been obscured by another person in violation 1
of KRS 514.120, the court shall provide a document to the owner relieving 2
him or her of liability for its continued possession. This document shall serve 3
as evidence of compliance with KRS 514.120 by the owner or any person to 4
whom he or she lawfully disposes of the property. 5
(c) This section shall not apply to any person after property has been sold or 6
returned in compliance with this section who violates the provisions of KRS 7
514.120 with respect to that property. 8
(8)[(7)] (a) Before forfeiture of any property under this section, it shall be the duty 9
of the trial court to determine if a lawful owner or claimant to the property has 10
been identified or is id entifiable. If a lawful owner or claimant has been 11
identified or is identifiable, the court shall notify the owner or claimant that 12
the property is being held and specify a reasonable period of time during 13
which the claim may be made or may, in lieu thereo f, order the return of the 14
property to the lawful owner or claimant. 15
(b) If the lawful owner or claimant does not assert his or her claim to the property 16
after notification or if he or she renounces his or her claim to the property, the 17
property shall be disposed of as provided in this section. 18
(c) It shall be the duty of all peace officers and other public officers or officials 19
having knowledge of the lawful owner or claimant of property subject to 20
forfeiture to report the same to the trial court before the act of forfeiture 21
occurs. 22
Section 5. KRS 500.093 is amended to read as follows: 23
No court or law enforcement agency shall retain a firearm or ammunition for official use 24
for the purpose of avoiding transfer of the firearm or ammunition to the Department of 25
Kentucky State Police under KRS 237.090 or 500.090, or other statute to avoid it s being 26
destroyed[sold] pursuant to KRS 16.220. 27
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Section 6. KRS 514.065 is amended to read as follows: 1
(1) As used in this section, "telecommunications service" means any communication 2
service ordinarily provided for a ch arge or compensation to facilitate the 3
origination, transmission, emission, or reception of signs, signals, writings, images, 4
sounds, or intelligence of any nature by telephone, including but not limited to 5
cellular and personal communications service, as terms may be defined in 47 C.F.R. 6
parts 22 and 24, respectively, telephones, wire, radio, electromagnetic, 7
photoelectronic, or photooptical systems, but excluding cable television services, 8
even if provided by a telephone utility. 9
(2) A person is guilty of possession, use, or transfer for use of a device for theft of 10
telecommunications services when the person: 11
(a) Makes, assembles, or possesses any instrument, apparatus, equipment, or 12
device designed, modified, altered, programmed, reprogrammed, or otherwi se 13
adapted for or used for commission of a theft of telecommunications services 14
in violation of KRS 514.060; or 15
(b) Sells, gives, transports, or otherwise transfers to another, or offers or 16
advertises to sell, give, or otherwise transfer any instrument, ap paratus, 17
equipment, or device described in paragraph (a) of this subsection, or plans or 18
instructions for making or assembling the same under circumstances evincing 19
an intent to use or employ the instrument, apparatus, equipment, or device, or 20
to allow the same to be used or employed, for a purpose described in 21
paragraph (a) of this subsection, or knowing or having reason to believe that 22
the same is intended to be so used, or that the aforesaid plans or instructions 23
are intended to be used for making or ass embling the instrument, apparatus, 24
equipment, or device. 25
(3) An instrument, apparatus, equipment or device described in paragraph (a) of 26
subsection (2) of this section shall not include any instrument, apparatus, 27
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equipment, or device authorized or approved or otherwise permitted by an agency 1
of the federal government or the Commonwealth of Kentucky. 2
(4) Possession, use, or transfer for use of a device for theft of telecommunications 3
services is a Class A misdemeanor unless the defendant has previously been 4
convicted of violating this section, in which case it is a Class D felony. 5
(5) Notwithstanding any other provision of this chapter, any instrument, apparatus, 6
equipment, or device designed, modified, altered, programmed, reprogrammed, or 7
otherwise adapted for or used for commission of a theft of telecommunications 8
service in violation of KRS 514.060, may be seized under warrant or incident to a 9
lawful arrest for the violation of KRS 514.060, and, upon the conviction of any 10
person for a violation, the court shall order any instrument, apparatus, equipment, 11
device, or plans or instructions for making or assembling them forfeited to the state 12
or destroyed in accordance with KRS 500.090 (2)[(1)](a), or if requested by the 13
person providing the telecommunications service in the territory in which they were 14
seized, turned over to the telecommunications service provider. 15