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 amended to read as follows: 3
(1) A person may be found by the sentencing judge to have committed an offense 4
specified below as a result of a hate crime if the person intentionally because of 5
race, color, religion, political creed, sexual orientation, or national origin of another 6
individual or group of individuals or because of a person's actual or perceived 7
employment as a state, city, county, or federal peace officer, member of an 8
organized fire department, or emergency medical services personnel, violates a 9
provision of any one (1) of the following: 10
(a) KRS 508.010, 508.020, 508.025, or 508.030; 11
(b) KRS 508.050 or 508.060; 12
(c) KRS 508.100 or 508.110; 13
(d) KRS 509.020; 14
(e) KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.100, or 15
510.110; 16
(f) KRS 512.020, 512.050, or 512.060; 17
(g) KRS 513.020, 513.030, or 513.040; or 18
(h) KRS 525.020, 525.050, 525.060, 525.070, or 525.080. 19
(2) At sentencing, the sentencing judge sh all determine if, by a preponderance of the 20
evidence presented at the trial, a hate crime was a primary factor in the commission 21
of the crime by the defendant. If so, the judge shall make a written finding of fact 22
and enter that in the court record and in the judgment rendered against the 23
defendant. 24
(3) The finding that a hate crime was a primary factor in the commission of the crime 25
by the defendant may be utilized by the sentencing judge as the sole factor for 26
denial of probation, shock probation, conditi onal discharge, or other form of 27
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nonimposition of a sentence of incarceration. 1
(4) The finding by the sentencing judge that a hate crime was a primary factor in the 2
commission of the crime by the defendant may be utilized by the Parole Board in 3
delaying or denying parole to a defendant. 4
(5) As used in this section: 5
(a) "Emergency medical services personnel" has the same meaning as in KRS 6
311A.010; and 7
(b) "Member of an organized fire department, or emergency medical services 8
personnel" includes volunteers, if the violation occurs while the volunteer is 9
performing duties with an organized fire department or as emergency medical 10
services personnel. 11
Section 2. KRS 15.334 is amended to read as follows: 12
(1) The Kentucky Law Enforcement Council shall approve mandatory training subjects 13
to be taught to all students attending a law enforcement basic training course that 14
include but are not limited to: 15
(a) Abuse, neglect, and exploitation of the elderly and other crimes against the 16
elderly, including the use of multidisciplinary teams in the investigation and 17
prosecution of crimes against the elderly; 18
(b) The dynamics of domestic violence, pediatric abusive head trauma, as defined 19
in KRS 620.020, child physical and sexual abuse, and rape; child 20
development; the effects of abuse and crime on adult and child victims, 21
including the impact of abuse and violence on child development; legal 22
remedies for protection; lethality and risk issues; profiles of offenders and 23
offender treatment; mod el protocols for addressing domestic violence, rape, 24
pediatric abusive head trauma, as defined in KRS 620.020, and child abuse; 25
available community resources and victim services; and reporting 26
requirements. This training shall be developed in consultation with legal, 27
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victim services, victim advocacy, and mental health professionals with 1
expertise in domestic violence, child abuse, and rape. Training in recognizing 2
pediatric abusive head trauma may be designed in collaboration with 3
organizations and agencies that specialize in the prevention and recognition of 4
pediatric abusive head trauma approved by the secretary of the Cabinet for 5
Health and Family Services; 6
(c) Human immunodeficiency virus infection and acquired immunodeficiency 7
virus syndrome; 8
(d) Identification and investigation of, responding to, and reporting hate[bias-9
related] crime, victimization, or intimidation that is a result of or reasonably 10
related to race, color, religion, political creed, sex, or national origin; 11
(e) The characteristics and d ynamics 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 50 8.125, 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 devel op 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 shall 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 have 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 fo rty 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 investigati on 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 investigation 16
or processing o f 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 set 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 date the noncompliance comm ences, have one (1) year to 24
reestablish the minimum number of trained officers required. 25
(3) The Justice and Public Safety Cabinet shall provide training on the subjects of 26
domestic violence and abuse and may do so utilizing currently available 27
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technology. All certified peace officers shall be required to complete this training at 1
least once every two (2) years. 2
(4) The council shall promulgate administrative regulations in accordance with KRS 3
Chapter 13A to establish mandatory basic training and in-service training courses. 4
Section 3. KRS 17.1523 is amended to read as follows: 5
(1) The uniform offense report shall contain provisions for obtaining information as to 6
whether[ or not] specific crimes appear from their facts an d circumstances to be 7
caused as a result of or reasonably related to race, color, religion, political creed, 8
sex, or national origin. 9
(2) All law enforcement officers, when completing a uniform offense report, shall note 10
on the report[thereon] whether[ or not] the offense appears to be caused as a result 11
of or reasonably related to race, color, religion, political creed, sex, or national 12
origin or attempts to victimize or intimidate another due to any of the foregoing 13
causes. 14
(3) The Justice and Public Safe ty Cabinet shall [,] annually, as a part of the crime 15
reports, report on crimes which appear to have been caused by the factors cited in 16
subsections (1) and (2) of this section. 17