AN ACT relating to domestic relations.

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AN ACT relating to domestic relations. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The entering of a judgment of conviction for assault in the first degree or assault 5
in the second degree, or for a felony criminal attempt, conspiracy, facilitation, o r 6
solicitation to commit assault in the first degree or assault in the second degree, 7
shall operate as an application for an order of protection issued under KRS 8
Chapter 403 or an interpersonal protective order issued under KRS Chapter 456, 9
as applicable, if the relationship between the defendant and the victim meets the 10
definition of: 11
(a) Family member or member of an unmarried couple as defined in KRS 12
403.720; or 13
(b) Dating relationship as defined in KRS 456.010; 14
unless the victim requests otherwise. 15
(2) Notwithstanding the provisions of KRS Chapter 403 or 456, as applicable: 16
(a) An order of protection or an interpersonal protective order requested under 17
this section may be issued by the court that entered the judg ment of 18
conviction; 19
(b) The judgment of conviction shall constitute sufficient cause for entry of the 20
order without the necessity of further proof being taken; and 21
(c) The order may be effective for up to ten (10) years, with further renewals in 22
increments of up to ten (10) years. 23
Section 2. KRS 209A.122 is amended to read as follows: 24
(1) As used in this section: 25
(a) "Center" means the Criminal Justice Statistical Analysis Center created in 26
KRS 15.280; 27
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(b) "Corollary victim" means an individual other than the victim who is directly 1
impacted by domestic violence and abuse or dating violence and abuse, either 2
through relationship or proximity; 3
(c) "Domestic violence fatalities" means deaths that occur as a result of domestic 4
violence and abuse or dating violence and abuse, and includes but is not 5
limited to homicides, related suicides, and corollary victims; and 6
(d) "Near fatality" means a crime where serious physical injury as defined in KRS 7
500.080 occurs. 8
(2) The center shall: 9
(a) Collect information on domestic violence fatalities, domestic violence and 10
abuse, and dating violence and abuse within the Commonwealth from 11
subsections (3) to (5) of this section; and 12
(b) Produce an annual report by July 1 of each year and submit the report to[ the]: 13
1. ZeroV[Kentucky Coalition Against Domestic Violence]; 14
2. The Governor; 15
3. The cabinet[ for Health and Family Services]; 16
4. The Interim Joint Committee on Judiciary; 17
5. The Interim Joint Committee on Families and Children;[ and] 18
6. The Legislative Research Commission; 19
7. The Administrative Office of the Courts; and 20
8. The Office of the Attorney General. 21
ZeroV[The Kentucky Coalition Against Domestic Violence] may provide the 22
agencies listed in subparagraphs 2. [paragraph (b)1.] to 8.[6.] of this 23
paragraph[subsection] with best practices and any other recommendations for 24
public policy by November 15[1] of each year. 25
(3) (a) The Department of Kentucky State Police shall provide the center with: 26
1. The statistical information from all JC -3 forms and all fields on a JC -27
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3 form that relate to domestic violence and abuse and dating violence 1
and abuse [The number of domestic violence and abuse and dating 2
violence and abuse calls for service to which the Kentucky State Police 3
and associated law enforcement agencies responded]; 4
2. The number of arrests by Kentucky State Police and associated agencies 5
in response to [calls of ]domestic violence and abuse or dating violence 6
and abuse; and 7
3. If an arrest was made, the arresting offense charged by Kentucky State 8
Police or associated law enforcement agencies. 9
(b) The Department of Kentucky State Police shall separately provide the center 10
with information reported to the Law Information Network o f Kentucky 11
(LINK). The Department of Kentucky State Police shall provide the center 12
with the: 13
1. Number of orders of protection entered[received] to be served by law 14
enforcement agencies; 15
2. Number of orders of protection served by law enforcement agencie s; 16
and 17
3. [Number of orders of protection in LINK; and 18
4. ]Average time for [actual ]service[ to be returned]. 19
(4) The Administrative Office of the Courts shall provide the center with: 20
(a) The number and type of petitions for orders of protection filed and denied 21
under KRS 403.725; 22
(b) The number and type of petitions for interpersonal violence orders filed and 23
denied under KRS 456.030; 24
(c) The number of emergency protective orders granted u nder KRS 403.730 and 25
temporary interpersonal protective orders granted under KRS 456.040; 26
(d) The number of domestic violence orders granted under KRS 403.740 and 27
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interpersonal protective orders granted under 456.060, excluding amended or 1
corrected orders; 2
(e) Information on whether the parties were represented by legal counsel or 3
guardians ad litem; 4
(f) The relationship between the petitioner and the respondent, if known; 5
(g)[(f)] Demographics of the parties, including age, race, and gender; 6
(h)[(g)] Information on whether the victim was or is pregnant, if indicated on the 7
petition; and 8
(i)[(h)] The number of criminal charges for a violation of an order of protection. 9
(5) The cabinet[ for Health and Family Services] shall provide the center with: 10
(a) The nu mber of reports of substantiated[alleged] child dependency, neglect, 11
or abuse with family violence as a factor [made to the cabinet through an 12
adult or child abuse hotline in which there were also allegations of domestic 13
violence]; and 14
(b) Domestic violence and abuse and dating violence and abuse shelter statistics 15
reported to the cabinet, including but not limited to the: 16
1. Number of minors served in shelter; 17
2. Number of minors served in nonshelter[non-shelter] services; 18
3. Number of adults served in shelter; 19
4. Number of adults served in nonshelter[non-shelter] services; 20
5. Demographics, including age and race; 21
6. Number of crisis or hotline calls; 22
7. Number of minors receiving: 23
a. Crisis intervention; 24
b. Victim advocacy services; and 25
c. Individual or group counseling or support group; and 26
8. Number of adult victims receiving: 27
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a. Crisis intervention; 1
b. Victim advocacy services; 2
c. Individual or group counseling or support group; 3
d. Criminal or civil legal advocacy; 4
e. Medical accompaniment; and 5
f. Transportation services. 6
Section 3. KRS 15A.190 is amended to read as follows: 7
The [Justice and Public Safety ] cabinet, in consultation with the Cabinet for Health and 8
Family Services, the Kentucky Commission on Women, and any other agency concerned 9
with particular acts of criminal activity, shall: 10
(1) Design[, print,] and make available[distribute] to all law enforcement agencies in 11
the Commonwealth, an electronic [or paper ] uniform reporting form, to be known 12
as the JC -3, which provides statistical information relating to [the ] crimes 13
involving: 14
(a) Domestic violence; 15
(b) Child abuse; 16
(c) Childhood sexual assault or abuse as defined in KRS 413.249; 17
(d) Victimization of the elder ly, including but not limited to elder abuse, neglect, 18
and exploitation and other crimes against the elderly; or 19
(e) Any other particular area of criminal activity deemed by the secretary [of 20
justice and public safety ]to require research as to its frequency; and 21
(2) Promulgate administrative regulations[,] in accordance with KRS Chapter 13A[,] to 22
provide that the information required in KRS 209A.122 be provided to the Criminal 23
Justice Statistical Analysis Center. 24