AN ACT relating to hate crimes.

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AN ACT relating to hate crimes. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. KRS 532.031 IS REPEALED AND REENACTED TO READ 3
AS FOLLOWS: 4
(1) As used in this section, "gender identity or expression" means having or being 5
perceived as having a gender -related self-identity or expression, whether or not 6
associated with an individual's assigned sex at birth. 7
(2) A person is guilty of a hate crime if the person maliciously and intentionally 8
commits an offense under: 9
(a) KRS Chapter 507; 10
(b) KRS Chapter 508, except for a violation of KRS 508.025, 508.030, 508.032, 11
508.060, 508.070, 508.152, or 508.160; 12
(c) KRS Chapter 509; 13
(d) KRS 512.020 or 512.030; or 14
(e) KRS 513.020, 513.030, or 513.040; 15
against an individual based in whole or in substanti al part on an actual or 16
perceived characteristic of another individual or group of individuals as set forth 17
in subsection (3) of this section, regardless of the existence of any other 18
motivating factors. 19
(3) The actual or perceived characteristics of anoth er individual referenced under 20
subsection (2) of this section include any or all of the following: 21
(a) Race or color; 22
(b) Religion; 23
(c) Sex; 24
(d) Sexual orientation; 25
(e) Gender identity or expression; 26
(f) Physical or mental disability; 27
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(g) Age; 1
(h) Ethnicity; 2
(i) National origin; and 3
(j) Association or affiliation with an individual or group of individuals based 4
on a characteristic described in paragraphs (a) to (i) of this subsection. 5
(4) Except as provided in subsection (5) of this section, a person who vi olates 6
subsection (2) of this section is guilty of a Class D felony punishable by 7
imprisonment for not more than three (3) years, a fine of not more than five 8
thousand dollars ($5,000), or both. 9
(5) If any of the following conditions apply, a person who vi olates subsection (2) of 10
this section is guilty of a Class D felony punishable by imprisonment for not more 11
than five (5) years, a fine of not more than ten thousand dollars ($10,000), or 12
both: 13
(a) The violation results in bodily injury; 14
(b) The person has one (1) or more prior convictions for violating subsection 15
(2) of this section; 16
(c) A victim of the violation of subsection (2) of this section is less than 17
eighteen (18) years of age, and the offender is at least nineteen (19) years of 18
age; 19
(d) The person commits the violation of subsection (2) of this section in concert 20
with one (1) or more individuals; or 21
(e) The person is in possession of a firearm during the commission of the 22
violation of subsection (2) of this section. 23
(6) In lieu of or in addition to the penalties described in subsection (4) of this section, 24
the court may, if the victim consents, impose an alternative sentence, reduce any 25
penalty imposed under subsection (4) of this section by not more than twenty 26
percent (20%), or both. In determini ng the suitability of an alternative sentence 27
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or reduced penalty, the court shall consider the following: 1
(a) The criminal history of the defendant; 2
(b) The impact of the offense on the victim and the community; 3
(c) The availability of the alternative sentence; and 4
(d) The nature of the violation. 5
If the entity chose for community service is amenable, an alternative sentence 6
may include an order requiring the defendant to complete a period of community 7
service intended to enhance the defendant's understanding of the impact of the 8
offense upon the victim and the community. 9
Section 2. KRS 15.334 is amended to read as follows: 10
(1) The Kentucky Law Enforcement Council shall approve mandatory training subjects 11
to be taught to all students attending a law enforcement bas ic training course that 12
include but are not limited to: 13
(a) Abuse, neglect, and exploitation of the elderly and other crimes against the 14
elderly, including the use of multidisciplinary teams in the investigation and 15
prosecution of crimes against the elderly; 16
(b) The dynamics of domestic violence, pediatric abusive head trauma, as defined 17
in KRS 620.020, child physical and sexual abuse, and rape; child 18
development; the effects of abuse and crime on adult and child victims, 19
including the impact of abuse and v iolence on child development; legal 20
remedies for protection; lethality and risk issues; profiles of offenders and 21
offender treatment; model protocols for addressing domestic violence, rape, 22
pediatric abusive head trauma, as defined in KRS 620.020, and chil d abuse; 23
available community resources and victim services; and reporting 24
requirements. This training shall be developed in consultation with legal, 25
victim services, victim advocacy, and mental health professionals with 26
expertise in domestic violence, chil d abuse, and rape. Training in recognizing 27
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pediatric abusive head trauma may be designed in collaboration with 1
organizations and agencies that specialize in the prevention and recognition of 2
pediatric abusive head trauma approved by the secretary of the Ca binet for 3
Health and Family Services; 4
(c) Human immunodeficiency virus infection and acquired immunodeficiency 5
virus syndrome; 6
(d) Identification and investigation of, responding to, and reporting hate[bias-7
related] crime, victimization, or intimidation th at is a result of or reasonably 8
related to race, color, ethnicity, religion, sex, sexual orientation, gender 9
identity or expression as defined in Section 1 of this Act, physical or mental 10
disability, age, or national origin; 11
(e) The characteristics and dyn amics of human trafficking, state and federal laws 12
relating to human trafficking, the investigation of cases involving human 13
trafficking, including but not limited to screening for human trafficking, and 14
resources for assistance to the victims of human trafficking; 15
(f) [Beginning January 1, 2017, the council shall require that a law enforcement 16
basic training course include ] At least eight (8) hours of training relevant to 17
sexual assault; and 18
(g) Education on female genital mutilation as defined in KRS 508. 125, including 19
the risk factors associated with female genital mutilation, the criminal 20
penalties for committing female genital mutilation, and the psychological and 21
health effects on a victim of female genital mutilation. 22
(2) (a) The council shall develop and approve mandatory in -service training courses 23
to be presented to all certified peace officers. The council may promulgate 24
administrative regulations in accordance with KRS Chapter 13A setting forth 25
the deadlines by which all certified peace officers s hall attend the mandatory 26
in-service training courses. 27
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(b) [Beginning January 1, 2017, ] The council shall establish a forty (40) hour 1
sexual assault investigation training course and[. After January 1, 2019,] 2
agencies shall maintain officers on staff who h ave completed the forty (40) 3
hour sexual assault investigation training course in accordance with the 4
following: 5
1. Agencies with more than ten (10) but fewer than twenty -one (21) full -6
time officers shall maintain one (1) officer who has completed the fort y 7
(40) hour sexual assault investigation training course; 8
2. Agencies with twenty -one (21) or more but fewer than fifty -one (51) 9
full-time officers shall maintain at least two (2) officers who have 10
completed the forty (40) hour sexual assault investigation training 11
course; and 12
3. Agencies with fifty-one (51) or more full -time officers shall maintain at 13
least four (4) officers who have completed the sexual assault 14
investigation course. 15
(c) An agency shall not make an officer directly responsible for the inve stigation 16
or processing of sexual assault offenses unless that officer has completed the 17
forty (40) hour sexual assault investigation training course. 18
(d) The council may, upon application by any agency, grant an exemption from 19
the training requirements se t forth in paragraph (b) of this subsection if that 20
agency, by limitations arising from its scope of authority, does not conduct 21
sexual assault investigations. 22
(e) Any agency failing to comply with paragraph (b) or (c) of this subsection 23
shall, from the da te the noncompliance commences, have one (1) year to 24
reestablish the minimum number of trained officers required. 25
(f) Beginning January 1, 2027, the council shall establish a hate crime 26
identification, investigation, response, and reporting training course . After 27
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January 1, 2029, agencies shall require all officers on staff to complete 1
training on hate crime identification, investigation, response, and reporting 2
once every two (2) years. 3
(g) An agency shall not make an officer responsible for hate crime 4
identification, investigation, response, or reporting unless that officer has 5
completed the training course. 6
(h) The council may, upon application by any agency, grant an exception from 7
the training requirements set forth in paragraph (f) of this subsection i f that 8
agency, by limitations arising from its scope of authority, does not conduct 9
hate crime investigations. 10
(i) Any agency failing to comply with paragraph (f) or (g) of this subsection 11
shall, from the date the noncompliance commences, have one (1) year to 12
reestablish the minimum number of trained officers required. 13
(3) The Justice and Public Safety Cabinet shall provide training on the subjects of 14
domestic violence , hate crimes, and abuse and may do so utilizing currently 15
available technology. All certi fied peace officers shall be required to complete this 16
training at least once every two (2) years. 17
(4) The council shall promulgate administrative regulations in accordance with KRS 18
Chapter 13A to establish mandatory basic training and in-service training courses. 19
Section 3. KRS 17.1523 is amended to read as follows: 20
(1) The uniform offense report shall contain provisions for obtaining information as to 21
whether [or not ] specific crimes appear from their facts and circumstances to be 22
caused as a result of or reasonably related to race, color, ethnicity, religion, sex, 23
sexual orientation, gender identity or expression as defined in Section 1 of this 24
Act, physical or mental disability, age, or national origin. 25
(2) All law enforcement officers, when completing a uniform offense report, shall note 26
on the report[thereon] whether [or not ]the offense appears to be caused as a result 27
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of or reasonably related to race, color, ethnicity, religion, sex, sexual orientation, 1
gender identity or expression as defined in Section 1 of this Act, physical or 2
mental disability, age, or national origin or attempts to victimize or intimidate 3
another due to any of the foregoing causes. 4
(3) The Justice and Public Safety Cabinet shall, annually, as a part of the crime reports 5
report on crimes which appear to have been caused by the factors cited in 6
subsections (1) and (2) of this section. 7
SECTION 4. A NEW SECTION O F KRS CHAPTER 411 IS CREATED TO 8
READ AS FOLLOWS: 9
Regardless of the existence or outcome of any criminal prosecution, a person who 10
suffers bodily injury or property damage as a result of a violation of Section 1 of this 11
Act may bring a civil cause of action against the perpetrator and may recover: 12
(1) Injunctive relief; 13
(2) Actual damages, including damages for emotional distress; 14
(3) Damages in the amount of three (3) times the actual damages described in this 15
subsection; 16
(4) Punitive damages; 17
(5) Reasonable attorney's fees and costs; and 18
(6) Any other appropriate relief. 19
Section 5. KRS 15.440 is amended to read as follows: 20
(1) Each unit of government that meets the following requirements shall be eligible to 21
share in the distribution of funds from the Law Enforcement Foundation Program 22
fund: 23
(a) Employs one (1) or more police officers; 24
(b) Pays every police officer at least the minimum federal wage; 25
(c) Requires all police officers to have, at a minimum, a high school degree, or its 26
equivalent as determined by the council, except that each police officer 27
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employed prior to the date on which the officer's police department was 1
included as a participant under KRS 15.410 to 15.510 shall be deemed to have 2
met the requirements of this subsection; 3
(d) 1. Requires all police officers to successfully complete a basic training 4
course of nine hundred twenty-eight (928) hours' duration within one (1) 5
year of the date of employment at a school certified or recognized by the 6
council, which may provide a different number of hours of instruction as 7
established in this paragraph, except that each police officer employed 8
prior to the date on which t he officer's police department was included 9
as a participant under KRS 15.410 to 15.510 shall be deemed to have 10
met the requirements of this subsection. 11
2. As the exclusive method by which the number of hours required for 12
basic training courses shall be mo dified from that which is specifically 13
established by this paragraph, the council may, by the promulgation of 14
administrative regulations in accordance with the provisions of KRS 15
Chapter 13A, explicitly set the exact number of hours for basic training 16
at a number different from nine hundred twenty -eight (928) hours based 17
upon a training curriculum approved by the Kentucky Law Enforcement 18
Council as determined by a validated job task analysis. 19
3. If the council sets an exact number of hours different from nin e hundred 20
twenty-eight (928) in an administrative regulation as provided by this 21
paragraph, it shall not further change the number of hours required for 22
basic training without promulgating administrative regulations in 23
accordance with the provisions of KRS Chapter 13A. 24
4. Nothing in this paragraph shall be interpreted to prevent the council, 25
pursuant to its authority under KRS 15.330, from approving training 26
schools with a curriculum requiring attendance of a number of hours 27
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that exceeds nine hundred twenty -eight (928) hours or the number of 1
hours established in an administrative regulation as provided by 2
subparagraphs 2. and 3. of this paragraph. However, the training 3
programs and schools for the basic training of law enforcement 4
personnel conducted by the department pursuant to KRS 15A.070 shall 5
not contain a curriculum that requires attendance of a number of hours 6
for basic training that is different from nine hundred twenty -eight (928) 7
hours or the number of hours established in an administrative regulati on 8
promulgated by the council pursuant to the provisions of KRS Chapter 9
13A as provided by subparagraphs 2. and 3. of this paragraph. 10
5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 11
to the contrary notwithstanding, the council may, through the 12
promulgation of administrative regulations in accordance with KRS 13
Chapter 13A, approve basic training credit for: 14
a. Years of service credit as a law enforcement officer with previous 15
service in another state; and 16
b. Basic training completed in another state. 17
6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 18
to the contrary notwithstanding, the council may, through the 19
promulgation of administrative regulations in accordance with KRS 20
Chapter 13A, approve basic training credit for: 21
a. Completion of eight hundred forty -eight (848) hours of training at 22
a school established pursuant to KRS 15A.070; 23
b. A minimum of fifteen (15) years of experience as a certified law 24
enforcement instructor at a school established pursuant to KRS 25
15A.070; 26
c. [Completion of an average of forty (40) hours of Kentucky Law 27
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Enforcement Council approved in -service training annua lly from 1
January 1, 1997, through January 1, 2020; 2
d. ]Three (3) years of active, full-time service as a: 3
i. City, county, urban -county, charter county, consolidated 4
local, or unified local government police officer; 5
ii. Sheriff's deputy, excluding specia l deputies appointed under 6
KRS 70.045; 7
iii. Department of Kentucky State Police officer; or 8
iv. Kentucky Department of Fish and Wildlife Resources game 9
warden exercising peace officer powers under KRS 150.090; 10
and 11
d.[e.] Completion of the: 12
i. Twenty-four (24) hour legal update Penal Code course; 13
ii. Sixteen (16) hour legal update constitutional procedure 14
course; and 15
iii. Forty (40) hour basic officer skills course within one (1) year 16
prior to applying for certification; 17
(e) Requires all police officers to s uccessfully complete each calendar year an in -18
service training course, appropriate to the officer's rank and responsibility and 19
the size and location of the officer's police department, of forty (40) hours' 20
duration, at a school certified or recognized by the council which may include 21
a four (4) hour course which meets the requirements of paragraph (j) of this 22
subsection. This in-service training requirement shall be waived for the period 23
of time that a peace officer is serving on active duty in the United States 24
Armed Forces. This waiver shall be retroactive for peace officers from the 25
date of September 11, 2001; 26
(f) Complies with all provisions of law applicable to police officers or police 27
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departments, including transmission of data to the centralized cri minal history 1
record information system as required by KRS 17.150 and transmission of 2
reports as required by KRS 15.391; 3
(g) Complies with all rules and regulations, appropriate to the size and location of 4
the police department issued by the cabinet to fac ilitate the administration of 5
the fund and further the purposes of KRS 15.410 to 15.510; 6
(h) Possesses a written policy and procedures manual related to domestic violence 7
for law enforcement agencies that has been approved by the cabinet. The 8
policy shall comply with the provisions of KRS 403.715 to 403.785. The 9
policy shall include a purpose statement; definitions; supervisory 10
responsibilities; procedures for twenty -four (24) hour access to protective 11
orders; procedures for enforcement of court orders or r elief when protective 12
orders are violated; procedures for timely and contemporaneous reporting of 13
adult abuse and domestic violence to the Cabinet for Health and Family 14
Services, Department for Community Based Services; victim rights, 15
assistance, and servi ce responsibilities; and duties related to timely 16
completion of records; 17
(i) Possesses[ by January 1, 2023,] a written policy and procedures manual 18
related to sexual assault examinations that meets the standards provided by, 19
and has been approved by, the cabinet, and which includes: 20
1. A requirement that evidence collected as a result of an examination 21
performed under KRS 216B.400 be taken into custody within five (5) 22
days of notice from the collecting facility that the evidence is available 23
for retrieval; 24
2. A requirement that evidence received from a collecting facility relating 25
to an incident which occurred outside the jurisdiction of the police 26
department be transmitted to a police department with jurisdiction 27
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within ten (10) days of its receipt by the police department; 1
3. A requirement that all evidence retrieved from a collecting facility under 2
this paragraph be transmitted to the Department of Kentucky State 3
Police forensic laboratory within thirty (30) days of its receipt by the 4
police department; 5
4. A requirement that a suspect standard, if available, be transmitted to the 6
Department of Kentucky State Police forensic laboratory with the 7
evidence received from a collecting facility; 8
5. A process for notifying the victim from whom the evidence was 9
collected of the progress of the testing, whether the testing resulted in a 10
match to other DNA samples, and if the evidence is to be destroyed. The 11
policy may include provisions for delaying notice until a suspect is 12
apprehended or the office of the Commonwea lth's attorney consents to 13
the notification, but shall not automatically require the disclosure of the 14
identity of any person to whom the evidence matched; and 15
6. A requirement that DNA samples collected as a result of an examination 16
performed under KRS 216B.400 that are voluntarily submitted solely for 17
elimination purposes shall not be checked against any DNA index, 18
retained, or included in any DNA index;[ and] 19
(j) Requires all police officers to successfully complete [by December 31, 2022, 20
and ]every two (2) years [thereafter, ]a training course certified by the council 21
of not less than four (4) hours in emergency vehicle operation; and 22
(k) Possesses a written policy and procedures manual related to hate crime 23
identification, investigation, response, and r eporting for law enforcement 24
agencies that has been approved by the cabinet. The policy shall include a 25
purpose statement; definitions; supervisory responsibilities; procedures for 26
timely reporting of hate crimes to the Federal Bureau of Investigation; 27
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victim rights, assistance, and service responsibilities; and duties related to 1
timely completion of records. 2
(2) A unit of government which meets the criteria of this section shall be eligible to 3
continue sharing in the distribution of funds from the Law Enfo rcement Foundation 4
Program fund only if the police department of the unit of government remains in 5
compliance with the requirements of this section. 6
(3) Deputies employed by a sheriff's office shall be eligible to participate in the 7
distribution of funds from the Law Enforcement Foundation Program fund 8
regardless of participation by the sheriff. 9
(4) Failure to meet a deadline established in a policy adopte d pursuant to subsection 10
(1)(i) of this section for the retrieval or submission of evidence shall not be a basis 11
for a dismissal of a criminal action or a bar to the admissibility of the evidence in a 12
criminal action. 13
Section 6. The following KRS section is repealed: 14
49.320 Victim of hate crime deemed victim of criminally injurious conduct. 15