AN ACT relating to motor vehicle racing.

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AN ACT relating to motor vehicle racing. 1
WHEREAS, it is the intent of this Commonwealth to promote safe roadways for all 2
drivers and pedestrians an d protect the citizens of the Commonwealth from motorists 3
who participate in unpermitted street racing; and 4
WHEREAS, the Commonwealth recognizes the harms caused by street racing, such 5
as substantial risk of physical injury or death, the high costs of heal th care for those 6
injured while participating in or viewing unpermitted street racing, and damage to motor 7
vehicles and other property; and 8
WHEREAS, imposing penalties of increased fines, motor vehicle impoundment, 9
and motor vehicle forfeiture is necessary to prevent harm to citizens of the 10
Commonwealth, deter criminal behavior, and punish acts of unpermitted street racing; 11
NOW, THEREFORE, 12
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 13
Section 1. KRS 189.993 is amended to read as follows: 14
(1) Any person who violates KRS 189.045 shall be fined not less than one hundred 15
dollars ($100) nor more than one thousand dollars ($1,000). 16
(2) Any person convicted of violating any of the provisions of KRS 189.095 shall be 17
fined sixty dollars ($60) and costs of prosecution. 18
(3) Any person who violates any provision of KRS 189.205 shall be fined not less than 19
twenty dollars ($20) nor more than one hundred dollars ($100). 20
(4) Any person who violates any provision of KRS 189.375 shall be fined not less than 21
twenty dollars ($20) nor more than one hundred dollars ($100). 22
(5) Any person who violates KRS 189.505 shall: 23
(a) For the first offense: 24
1. Be fined one thousand dollars ($1,000)[not less than sixty dollars ($60) 25
nor more than two hundred dollars ($200)] or be imprisoned for not 26
more than thirty (30) days, or both; and 27
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2. In accordance with KRS 70.155 or 82.625, have any motor vehicle 1
used by the p erson in the commission of the violation impounded for 2
not less than six (6) months; and 3
(b) For a second or subsequent offense: 4
1. Be fined two thousand dollars ($2,000) or be imprisoned for not more 5
than thirty (30) days, or both; and 6
2. Have any motor v ehicle used by the person in the commission of the 7
violation forfeited to the Commonwealth and destroyed or sold at 8
public auction in accordance with Section 2 of this Act. 9
(6) Any person found violating any provision of KRS 189.820 or 189.830 is guilty of a 10
misdemeanor and shall be fined not less than twenty dollars ($20) nor more than 11
thirty-five dollars ($35). 12
(7) Any person who violates KRS 189.920 shall be fined not less than one hundred 13
dollars ($100) nor more than one thousand dollars ($1,000), or im prisoned in the 14
county jail for not more than thirty (30) days, or both. In the case of a private 15
vehicle not authorized to use emergency lights under KRS 189.920, all lighting and 16
other equipment used in violation of KRS 189.910 to 189.950 shall be confis cated 17
and forfeited to the county in which the offense occurred. 18
(8) Any person who violates KRS 189.930 shall be fined not less than sixty dollars 19
($60) nor more than five hundred dollars ($500), or be imprisoned in the county jail 20
for not more than thirty (30) days, or both. 21
(9) (a) Any person who violates KRS 189.940 shall be fined not less than sixty 22
dollars ($60) nor more than one thousand dollars ($1,000) or be imprisoned in 23
the county jail for not more than six (6) months, or both. 24
(b) In the case of a private vehicle, except as outlined in subsection (11) of this 25
section, all lighting and other equipment used in violation of KRS 189.910 to 26
189.950 shall be confiscated and forfeited to the county in which the offense 27
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occurred. 1
(10) (a) If a member of a regular or volunteer fire department, ambulance service, or 2
rescue squad violates [any provisions of ] subsection (6) of KRS 189.940, he 3
or she shall, in addition to any other penalty provided under KRS 189.990 or 4
this section, be: 5
1. Immediately dismisse d from his or her membership or employment 6
with the fire department, ambulance service, or rescue squad; and 7
2. [shall be ] Disqualified from being employed by or being a member of 8
any fire department, ambulance service, or rescue squad in the 9
Commonwealth for a period of three (3) years. 10
(b) Upon conviction of a second offense he or she shall be permanently barred 11
from employment or membership in any fire department, ambulance service, 12
rescue squad, police department, or sheriff's office in the Commonwealth , nor 13
shall he or she be permitted to operate any public safety vehicle as defined in 14
KRS 189.910. 15
(11) (a) Any person who violates KRS 189.950(3) shall be fined one hundred dollars 16
($100) for the first offense, two hundred dollars ($200) for the second offense, 17
and one thousand dollars ($1,000) for each subsequent offense. 18
(b) Except as provided in paragraph (a) of this subsection, any person who 19
violates KRS 189.950 shall be fined not less than one hundred dollars ($100) 20
nor more than one thousand dollars ($1,000) or be imprisoned in the county 21
jail for not more than thirty (30) days, or both. In the case of a privately 22
owned vehicle, all lighting and other equipment used or installed in violation 23
of KRS 189.910 to 189.950 shall be confiscated and forfeite d to the county in 24
which the offense occurred. 25
(12) Any person who violates any provision of this chapter for which no penalty is 26
otherwise provided shall, upon conviction, be fined not less than twenty dollars 27
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($20) nor more than one hundred dollars ($100 ) for each offense, except that no 1
penalty shall be assessed for a violation of KRS 189.580(1)(b) or (6)(b). 2
(13) A[No] producer or processor of natural resources shall not allow the transporting of 3
natural resources over the highways of the Commonwealth i n excess of the weight 4
limits without possessing a resource recovery road hauling permit. Violation for 5
hauling in excess of prescribed limits without possession of a permit or transporting 6
natural resources over prescribed limits of the resource recovery road hauling 7
permit shall be not less than five hundred dollars ($500) nor more than one 8
thousand dollars ($1,000) for each violation and shall be deposited in the resource 9
recovery road fund. 10
Section 2. KRS 500.090 is amended to read as follows: 11
(1) Except as provided in KRS 500.092, all property which is subject to forfeiture 12
under any section of the Kentucky Penal Code shall be disposed of in the following 13
manner:[accordance with this section.] 14
(a) Property other than firearms which is forfeited under any section of this code 15
may, upon order of the trial court, be destroyed by the sheriff of the county in 16
which the conviction was obtained;[.] 17
(b) Property other than firearms which is forfeited under any section of this code 18
may, upon order of the trial court, be sold at public auction. The expenses of 19
keeping and selling such property and the amount of all valid recorded liens 20
that are established by intervention as being bona fide shall be paid out o f the 21
proceeds of the sale. The balance shall be paid to: 22
1. The state, if the property was seized by an agency of the state or peace 23
officer thereof; 24
2. The county, if the property was seized by the sheriff or an agency or 25
peace officer of the county; 26
3. The Department of Fish and Wildlife Resources, if the property was 27
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seized by a peace officer of the Department of Fish and Wildlife or was 1
seized by any other officer for violation of KRS Chapter 150; 2
4. The city, if the property was seized by the city or by an agency or peace 3
officer thereof and the property was delivered to the city property clerk; 4
5. The city (ninety percent (90%) of the proceeds) and the sheriff (ten 5
percent (10%) of the proceeds), if the property was seized by the city or 6
by an agency or peace officer thereof and the property was delivered to 7
the sheriff or the county police;[ or] 8
6. The state, if the property was seized by any combination of agencies 9
listed above; or 10
7. The Crime Victims Compensation Board established under KRS 11
49.010, if the property is a motor vehicle seized by any agency or peace 12
officer thereof for a second or subsequent violation of KRS 189.505;[.] 13
(c) 1. Subject to the duty to return confiscated firearms and ammunition to 14
innocent owners pursuant to this section, all firearms and ammunition 15
confiscated by a state or local law enforcement agency, all firearms 16
ordered forfeited by a court, and all abandoned firearms and ammunition 17
coming into the custody of a state or local law enforcement agency and 18
not retained for official use shall be transferred to the Department of 19
Kentucky State Police for disposition as provided by KRS 16.220;[.] 20
2. The transfer shall occur not more than ninety (90) days after the 21
abandonment of the firearm or ammunition to the law enforcement 22
agency or not more than ninety (90) days after its confiscation, unless a 23
court requires the firearm or ammunition for use as evidence, in which 24
case it shall be transferred to the Department of Kentucky State Police 25
not more than ninety (90) days following the order of forfeiture by the 26
court or after the court returns the firearm or ammunition from use as 27
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evidence;[.] 1
3. Prior to the sale of any firearm or ammunition, the law enforcement 2
agency shall make a bona fide attempt to determine if the firearm or 3
ammunition to be sold has been stolen or otherwise unlawfully obtained 4
from an innocent owner and return the firearm and ammu nition to its 5
lawful innocent owner, unless that person is ineligible to purchase a 6
firearm under federal law; and[.] 7
4. This subsection relating to auction of firearms and ammunition shall not 8
apply to firearms and ammunition auctioned by the Department o f Fish 9
and Wildlife that may be sold to individual purchasers residing in 10
Kentucky who are eligible under federal law to purchase firearms and 11
ammunition of the type auctioned;[.] 12
(d) If property which is forfeited under any section of this code is determi ned by 13
the trial court to be worthless, encumbered with liens in excess of its value, or 14
otherwise a burdensome asset, the court may abandon any interest in such 15
property. Property which is abandoned pursuant to this section shall be 16
returned to the lawful claimant upon payment of expenses for keeping the 17
property; and[.] 18
(e) 1. Property which is forfeited under any section of this code may, upon 19
order of the trial court, be retained for official use in the following 20
manner:[.] 21
a. Property which has been se ized by an agency of the state may be 22
retained for official state use;[.] 23
b. Property which has been seized by an agency of county, city, or 24
urban-county government may be retained for official use by the 25
government whose agency seized the property or for official state 26
use; and[.] 27
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c. Property seized by any other unit of government may be retained 1
only for official state use; and[.] 2
2. The expenses for keeping and transferring such property shall be paid by 3
the unit of government by which the property is retained. 4
(2) Money which has been obtained or conferred in violation of any section of this code 5
shall, upon conviction, be forfeited for the use of the state. This subsection shall not 6
apply when, during the course of the proceeding in which the conviction is 7
obtained, the person from whom said money was unlawfully acquired is identified. 8
(3) Property forfeited under any section of this code shall be disposed of in accordance 9
with this section only after being advertised pursuant to KRS Chapter 424. This 10
subsection shall not apply to property which is designed and suitable only for 11
criminal use or to money forfeited under subsection (2) of this section. 12
(4) The trial court shall remit the forfeiture of property when the lawful claimant: 13
(a) Asserts his or he r claim before disposition of the property pursuant to this 14
section; 15
(b) Establishes his or her legal interest in the property; and 16
(c) Establishes that the unlawful use of the property was without his or her 17
knowledge and consent. This subsection shall no t apply to a lienholder of 18
record when the trial court elects to dispose of the property pursuant to 19
subsection (1)(b) of this section. 20
(5) For purposes of this section, "lawful claimant" means owner or lienholder of record. 21
(6) (a) Before property which has had its identity obscured in violation of KRS 22
514.120 may be sold or retained for official use as provided in this section, the 23
court shall cause a serial or other identifying number to be placed thereon, and 24
a record of the number assigned shall be placed in the court order authorizing 25
the sale or retention of the property. 26
(b) This number shall be assigned, whenever applicable, in consult ation with the 27
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Department of Kentucky State Police and any other state or federal regulatory 1
agency. 2
(c) The purchaser of the property shall be given a document stating that the 3
property had been forfeited pursuant to law and that a number, shown on the 4
document, has been assigned which shall be deemed as compliance of the 5
owner with KRS 514.120. 6
(d) When property is returned to an owner pursuant to this section and its identity 7
has been obscured by another person in violation of KRS 514.120, the court 8
shall provide a document to the owner relieving him or her of liability for its 9
continued possession. This document shall serve as evidence of compliance 10
with KRS 514.120 by the owner or any person to whom he or she lawfully 11
disposes of the property. 12
(e) This section shall not apply to any person after property has been sold or 13
returned in compliance with this section who violates the provisions of KRS 14
514.120 with respect to that property. 15
(7) (a) Before forfeiture of any property under this section, [it shall be the duty of 16
]the trial court shall[to] determine if a lawful owner or claimant to the 17
property has been identified or is identifiable. 18
(b) If a lawful owner or claimant has been identified or is identifiable, the court 19
shall notify the owner or claimant that the property is being held and specify a 20
reasonable period of time during which the claim may be made or may, in lieu 21
thereof, order the return of the property to the lawful owner or claimant. 22
(c) If the lawful owner or claimant does not assert his or her claim to the property 23
after notification or if he or she renounces his or her claim to the property, the 24
property shall be disposed of as provided in this section. 25
(d) [It shall be the duty of ]All peace officers and other public officers or officia ls 26
having knowledge of the lawful owner or claimant of property subject to 27
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forfeiture shall[to] report the same to the trial court before the act of forfeiture 1
occurs. 2