AN ACT relating to constables and declaring an emergency.

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AN ACT relating to constables and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 15 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The Kentucky Law Enforcement Council shall, within ninety (90) days of 5
submission, approve and certify: 6
(a) An eighty (80) hour basic training course f or constables and deputy 7
constables which shall at least focus on basic officer skills, the Kentucky 8
penal code, constitutional procedures, and emergency vehicle operations; 9
and 10
(b) Acceptable topics for an annual in -service training course that are 11
appropriate to constables' and deputy constables' duties and 12
responsibilities; 13
that are submitted by the Kentucky Constable Association, Inc. or any other law 14
enforcement entity otherwise authorized by the council to conduct training 15
courses. 16
(2) (a) The Kentucky Law Enforcement Council shall within ninety (90) days after 17
approval un der subsection (1) of this section, promulgate administrative 18
regulations in accordance with KRS Chapter 13A to allow the Kentucky 19
Constable Association, Inc. and any other law enforcement entity otherwise 20
authorized by the council to conduct the basic tra ining course and in -21
service training course submitted under subsection (1) of this section for 22
certification of constables and deputy constables. 23
(b) The Kentucky Law Enforcement Council shall certify the in-service training 24
courses submitted by the Kentuc ky Constable Association, Inc. and any 25
other law enforcement entity otherwise authorized by the council to conduct 26
training courses. 27
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(3) Any constable or deputy constable who has successfully completed a minimum of 1
eighty (80) hours of basic training certi fied in accordance with this section or is 2
certified under KRS 15.380 to 15.404 shall be recognized as a certified constable. 3
Certified constables shall be recognized as peace officers and shall have the 4
powers as set out in this section and Section 2 of this Act. 5
(4) In order to maintain certification, constables and deputy constables shall 6
complete forty (40) additional hours of in -service training each year beginning 7
the year after initial certification. 8
(5) Instructors of the basic training course and the in-service training course shall be 9
certified in the same manner as instructors under KRS 15.360 and 15.370. 10
(6) (a) Notwithstanding any statute to the contrary, any constable or deputy 11
constable holding office on or after January 1, 2027, shall be gr anted the 12
full powers and authorities generally appliable to peace officers upon the 13
successful completion of the basic training course set out in this section. 14
(b) In addition, any constable serving in office on the effective date of this Act 15
who has ser ved consecutive terms in office since December 31, 2022, shall 16
be recognized as a being a certified constable if that constable completes the 17
annual forty (40) hours in -service training course as described in this 18
section. 19
(7) Any approved provider of the basic training course and in-service training course 20
shall issue a certificate of completion to the person taking the basic training 21
course or in -service training course upon his or her successful completion, and 22
shall forward a copy of that certificate to the Kentucky Law Enforcement 23
Council. The Kentucky Law Enforcement Council shall track the amounts and 24
status of every constable's training and shall regularly notify the constables, 25
deputy constables, and county judges/executive of the training status of the 26
constables and deputy constables. 27
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SECTION 2. A NEW SECTION OF KRS CHAPTER 15 IS CREATED TO 1
READ AS FOLLOWS: 2
(1) Any constable and deputy constable having satisfied the basic training 3
requirement and the in -service training requirement in Section 1 of this Act as 4
well as constables meeting the requirements of subsection (6)(b) of Section 1 of 5
this Act shall be considered a peace officer as defined in KRS 446.010 and shall 6
possess all the powers, privileges, and immuni ties of a peace officer throughout 7
the Commonwealth, including: 8
(a) The power to cite and arrest; 9
(b) The authority to conduct traffic stops and enforce state motor vehicle laws; 10
and 11
(c) The authority to execute warrants, summonses, subpoenas, and other co urt 12
orders in all criminal and civil cases. 13
(2) In the event of extenuating circumstances beyond the control of a certified 14
constable or deputy constable that prevents the officer from completing the basic 15
training course or the in -service training course within the time specified in 16
subsection (3) or (4) of Section 1 of this Act, the executive director of the 17
Kentucky Law Enforcement Council or his or her designee may grant the officer 18
an extension of time not exceeding one hundred eighty (180) days in whi ch to 19
complete the training. 20
(3) Any certified constable or deputy constable who fails to successfully complete the 21
basic training course or in -service training course within the specified time 22
periods, including extensions, shall lose his or her peace off icer powers, and his 23
or her certification status shall be changed to training deficiency status. When a 24
certified constable or deputy constable is deficient in required training, the 25
Kentucky Law Enforcement Council shall notify the constable, if a deputy 26
constable under his or her command is deficient, or the county judge/executive of 27
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the county, in the case of a constable. 1
(4) A certified constable or deputy constable who has lost his or her peace officer 2
powers due solely to his or her failure to meet th e basic training or in -service 3
training requirements of this section may regain his or her certification status 4
and peace officer powers upon successful completion of the training deficiency. 5
SECTION 3. A NEW SECTION OF KRS CHAPTER 15 IS CREATED TO 6
READ AS FOLLOWS: 7
The following certification categories shall exist for certified constables and deputy 8
constables and be exclusive of one another: 9
(1) "Certification status" means that the certified constable or deputy constab le is 10
presently serving as a constable or deputy constable and has met all training 11
requirements. The constable or deputy constable shall have peace officer powers 12
as set out in Section 2 of this Act; 13
(2) "Inactive status": 14
(a) Means that: 15
1. The constable or deputy constable is not serving as a constable or 16
deputy constable on or after December 31, 2026; or 17
2. The constable or deputy constable is on military active duty for a 18
period exceeding three hundred sixty-five (365) days. 19
(b) A constable or deputy constable who is on inactive status and who returns to 20
the office of constable or deputy constable shall have certification status 21
restored if he or she has successfully completed the basic training course, 22
has not committed an act for which his or her cert ified status may be 23
revoked pursuant to Section 6 of this Act, and successfully completes an in -24
service training course. 25
(c) A constable or deputy constable returning from inactive to certification 26
status after the effective date of this Act shall otherwise be eligible to serve 27
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in that office; 1
(3) "Training deficiency status" means that the certified constable or deputy 2
constable has failed to meet all in -service training course requirements. The 3
constable's or deputy constable's peace officer powers shall automatically 4
terminate, and the constable or deputy constable shall not exercise peace officer 5
powers in the Commonwealth until he or she has corrected the in-service training 6
deficiency; and 7
(4) "Revoked status" means that the constable or deputy constable has no peace 8
officer powers and his or her certification has been revoked by the Kentucky Law 9
Enforcement Council for one (1) or more of the reasons for revocation described 10
under KRS 15.391. 11
Section 4. KRS 70.325 is amended to read as follows: 12
[(1) ]Constables and deputy constables who are not certified as having completed an 13
eighty (80) hour basic training course under Section 1 of this Act, who have not 14
completed the forty (40) hours of in -service training in the time limits as set out in 15
Sections 1 and 2 of this Act, or are not otherwise exempted under subsection (6) of 16
Section 1 of thi s Act shall not possess [Except as provided in subsection (2) of this 17
section, for any constable or deputy constable taking office after January 1, 2023, who 18
was not a constable or deputy constable in the preceding four (4) year term of office, the 19
powers and duties of the office of constable shall not include] the general powers of a 20
peace officer or police officer. The powers and duties of the office of constable shall 21
include: 22
(1)[(a)] The specific powers and duties enumerated in this chapter; 23
(2)[(b)] The power to distrain for his or her fees or for that of other officers as 24
provided in KRS 64.400; 25
(3)[(c)] The power to take necessary steps to stop, prevent, or bring under control any 26
dog found chasing or molesting wild elk or deer at any time as provided in KRS 27
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150.390; 1
(4)[(d)] The power[, in a county containing a city of the first class,] to serve all forms 2
of legal process in any child support action as provided in KRS 15.856; 3
(5)[(e)] The power to sell property to satisfy a lien created by a taker -up of boats, 4
rafts, platforms, or timber as provided in KRS 364.020; 5
(6)[(f)] The power to serve a warrant to levy and seize upon the baggage and other 6
personal property of a guest for unpaid services to the keeper of a hotel, inn, 7
boarding house, or house of private entertainment as provided in KRS 376.350; 8
(7)[(g)] The power to enforce a lien for the care of livestock as provided in KRS 9
376.410; 10
(8)[(h)] The power to execute a warrant in actions regarding forcible entry or detainers 11
as provided in KRS 383.210 and 383.245; 12
(9)[(i)] The power to serve subpoenas issued by the Parole Board as provided in KRS 13
439.390; and 14
(10)[(j)] The power to take up vagrants, kill mad dogs, kill and bury a distempered 15
horse, ass, or mule, kill and bury cattle, and alter a stud, jackass, or bull as provided 16
in KRS 64.190[. 17
(2) After January 1, 2023, no constable who is elected for the first time or a deputy 18
constable appointed pursuant to KRS 70.320 shall be granted the powers generally 19
applicable to peace officers and police officers unless the individual has been 20
certified and maintains his or her certification pursuant to KRS 15.380]. 21
Section 5. KRS 15.856 is amended to read as follows: 22
[In a county containing a city of the first class, ] The provisions of KRS 454.140 23
notwithstanding, including those provisions related to priority of other officers, all forms 24
of legal process may be served in any child support action by a constable of the county 25
upon direction by the initiating party. A constable shall not be automatically deemed an 26
interested party in litigation merely by virtue of serving process on behalf of th e 27
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Commonwealth. 1
SECTION 6. A NEW SECTION OF KRS CHAPTER 15 IS CREATED TO 2
READ AS FOLLOWS: 3
The certification of a constable or deputy constable may, after a hearing held in 4
conformity with KRS Chapter 13B, be revoked by t he Kentucky Law Enforcement 5
Council for one (1) or more of the reasons for revocation described under KRS 15.391. 6
Section 7. KRS 15.310 is amended to read as follows: 7
As used in KRS 15.310 to 15.510, 15.990, and 15.992, unless the context otherwise 8
requires: 9
(1) "Basic training course" means the peace officer or court security officer basic 10
training course provided by the Department of Criminal Justice Training or a course 11
approved and recognized by the Kentucky Law Enforcement Council; 12
(2) "Certified court security officer" means a court security officer who is certified 13
under KRS 15.380 to 15.404; 14
(3) "Certified peace officer" means a peace officer who is certified under KRS 15.380 15
to 15.404; 16
(4) "Certification" means th e act by the council of issuing certification to a peace 17
officer or court security officer who successfully completes the training 18
requirements pursuant to KRS 15.404 and the requirements set forth within this 19
chapter; 20
(5) "Council" means the Kentucky Law Enforcement Council established by KRS 21
15.310 to 15.510, 15.990, and 15.992; 22
(6) "Court security officer" means a person required to be certified under KRS 23
15.380(1)(c) and who is charged with the duties set out in KRS 70.280; 24
(7) "Department" means the Department of Criminal Justice Training of the Justice and 25
Public Safety Cabinet; 26
(8) "Fire investigator" means a professional firefighter, as used in KRS 95A.210, who 27
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has been appointed to investigate offenses under KRS Chapter 513 and to exercise 1
peace officer powers under KRS 95A.100, or a deputy fire marshal who has been 2
appointed to be a fire investigator and to exercise peace officer powers under KRS 3
227.220; 4
(9) "Law enforcement officer" means a member of a lawfully organized police unit or 5
police force of county, city or metropolitan government who is responsible for the 6
detection of crime and the enforcement of the general criminal laws of the state, as 7
well as sheriffs, constables and deputy constables, sworn deputy sheriffs, campus 8
police officers, law enforcement support personnel, public airport authority security 9
officers, an d other public and federal peace officers responsible for law 10
enforcement; 11
(10) "Peace officer" means a person defined in KRS 446.010, or a fire investigator 12
appointed to exercise peace officer powers under KRS 95A.100 or 227.220; 13
(11) "Secretary" means the secretary of the Justice and Public Safety Cabinet; and 14
(12) "Validated job task analysis" means the minimum entry level qualifications and 15
training requirements for peace officers in the Commonwealth based upon an actual 16
survey and study of police officer duties and responsibilities conducted by an entity 17
recognized by the Kentucky Law Enforcement Council as being competent to 18
conduct such a study. 19
Section 8. KRS 15.315 is amended to read as follows: 20
The Kentucky Law E nforcement Council is hereby established as an independent 21
administrative body of state government to be made up as follows: 22
(1) The Attorney General of Kentucky, the commissioner of the Department of 23
Kentucky State Police, the commissioner of the Departme nt of Criminal Justice 24
Training, the chief of police of the Louisville Metro Police Department, the chief of 25
police of the Lexington -Fayette Urban County Division of Police, the chief of 26
police of the Bowling Green Police Department, the chief of police of the 27
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Owensboro Police Department, the director of the Northern Kentucky Police and 1
Sheriff's Training Center, the director of the Southern Police Institute of the 2
University of Louisville, the dean of the College of Justice and Safety of Eastern 3
Kentucky University, the president of the Kentucky Peace Officers Association, the 4
president of the Kentucky Association of Chiefs of Police, the Kentucky president 5
of the Fraternal Order of Police, the president of the Kentucky Women's Law 6
Enforcement Network, the president of the Kentucky Constable Association, Inc., 7
and the president of the Kentucky Sheriffs' Association shall be ex officio members 8
of the council, as full voting members of the council by reason of their office. The 9
United States attorneys for the Eastern and Western Districts of Kentucky may 10
confer and designate a local law enforcement liaison who shall serve on the council 11
in an advisory capacity only without voting privileges. Each ex officio member may 12
designate in writing a person to represent him or her and to vote on his or her 13
behalf. Designees of the Department of Kentucky State Police, Department of 14
Criminal Justice Training, Louisville Metro Police Department, Bowling Green 15
Police Department, Owensboro Police Department, Northern Kentucky Police and 16
Sheriff's Training Center, and Lexington -Fayette Urban County Division of Police 17
shall be the head of the agency's training division or the agency's deputy chief or 18
deputy commissioner; 19
(2) Thirteen (13)[Twelve (12)] members shall be appointed b y the Governor for terms 20
of four (4) years from the following classifications: a city manager or mayor from a 21
list of three (3) names submitted by the Kentucky League of Cities, a county 22
judge/executive from a list of three (3) names submitted by the Kentu cky 23
Association of Counties, three (3) Kentucky sheriffs, a member of the Kentucky 24
State Bar Association, five (5) chiefs of police, a constable from a list of three (3) 25
names submitted by the Kentucky Constable Association, Inc., and a citizen of 26
Kentucky not coming within the foregoing classifications. No person shall serve 27
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beyond the time he or she holds the office or employment by reason of which he or 1
she was initially eligible for appointment. Vacancies shall be filled in the same 2
manner as the origin al appointment and the successor shall be appointed for the 3
unexpired term. Any member may be appointed for additional terms; 4
(3) No member may serve on the council with the dual membership as the 5
representative of more than one (1) of the aforementioned g roups or the holder of 6
more than one (1) of the aforementioned positions. In the event that an existing 7
member of the council assumes a position entitling him to serve on the council in 8
another capacity, the Governor shall appoint an additional member from the group 9
concerned to prevent dual membership; and 10
(4) Membership on the council does not constitute a public office, and no member shall 11
be disqualified from holding public office by reason of his membership. 12
Section 9. KRS 17.190 is amended to read as follows: 13
(1) For purposes of this section: 14
(a) "Call location information" means the best available location information, 15
including but not limited to information obtained using historical cellular site 16
information or a mobile locator tool; 17
(b) "Emergency responder" has the same meaning as in KRS 194A.400; 18
(c) "Law enforcement agency" means any lawfully organized investigative 19
agency, sheriff's office, constable's office wherein the constable or one (1) or 20
more deputy constables possess the powers of a peace officer, police unit, or 21
police force of state, county, urban -county government, charter county, city, 22
consolidated local government, or a combination of these, responsible for the 23
detection of crime and the enforcemen t of the general criminal laws [, and 24
excludes constables]. 25
(d) "Public safety answering point" has the same meaning as in KRS 65.750; 26
(e) "Wireless communications device" means any wireless electronic 27
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communication device that provides for voice or data communication between 1
two (2) or more parties, including a mobile or cellular telephone; and 2
(f) "Wireless telecommunications carrier" means a provider of commercial 3
mobile radio services, including all broadband personal communications 4
services, wireless ra dio telephone services, geographic area specialized and 5
enhanced specialized mobile radio services, and incumbent wide area 6
specialized mobile radio licenses, which offer real -time, two -way voice 7
services interconnected with the public switched telephone network and doing 8
business in this Commonwealth. 9
(2) (a) Upon a request from a public safety answering point or law enforcement 10
agency, a wireless telecommunications carrier shall provide call location 11
information concerning the wireless communications devi ce of a wireless 12
telecommunications user to the requesting public safety answering point or 13
law enforcement agency, in order to respond to a call for emergency services 14
or in an emergency situation that involves the imminent risk of death or 15
serious physical injury. 16
(b) Local emergency responders seeking call location information under this 17
section shall direct inquiries to either a public safety answering point or a law 18
enforcement agency, and the highest ranking person on duty at the public 19
safety answeri ng point or a law enforcement agency shall determine, in 20
consultation with the emergency responders in the jurisdiction in which the 21
emergency call or situation arose, whether the conditions under paragraph (a) 22
of this subsection are met. 23
(3) Notwithstanding any other provision of law to the contrary, nothing in this section 24
prohibits a wireless telecommunications carrier from establishing protocols by 25
which the carrier could voluntarily disclose call location information. 26
(4) No cause of action shall lie in any court against any wireless telecommunications 27
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carrier or its officers, employees, or agents for providing call location information 1
while acting in good faith and in accordance with this section. 2
(5) (a) In order to facilitate requests for call loca tion information in accordance with 3
this section, all wireless telecommunications carriers and all resellers of 4
wireless telecommunications doing business in the Commonwealth shall 5
submit emergency contact information to: 6
1. The Department of Kentucky State Police, for dissemination to law 7
enforcement agencies; and 8
2. The Kentucky 911 Services Board, as created in KRS 65.7623, for 9
dissemination to public safety answering points. 10
(b) The contact information required under this subsection shall be submitted 11
annually, or immediately upon any change in contact information. 12
(6) All public safety answering points and law enforcement agencies shall develop and 13
maintain policies and procedures regarding this section. 14
(7) Call location information gathered pursuant to this section shall not be disclosed to 15
any party who is not officially involved in the underlying emergency response. 16
Section 10. KRS 70.310 is amended to read as follows: 17
(1) Every const able and each deputy constable appointed under KRS 70.320 shall 18
execute a bond in an amount of[determined sufficient by the fiscal court or the 19
legislative council of the urban -county government or legislative body of a 20
consolidated local government, the m inimum amount of which shall be] ten 21
thousand dollars ($10,000)[, with good sureties approved by the fiscal court]. 22
(2) The bond shall be recorded by the fiscal court with the county clerk [, and the 23
approval of the sureties shall be entered on the records of the fiscal court]. 24
(3) The bond shall be renewed biennially, and more often if required by the fiscal court 25
or the legislative council of an urban -county government or legislative body of a 26
consolidated local government [. When additional security is req uired of the 27
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constable or deputy constable, he or she shall be given at least ten (10) days' 1
notice]. 2
Section 11. KRS 15.404 is amended to read as follows: 3
(1) (a) Any peace officers employed or appointed after December 1, 1998, who have 4
not successfully completed basic training at a school certified or recognized 5
by the Kentucky Law Enforcement Council, shall within one (1) year of their 6
appointment or employment, successfully complete a basic training course, as 7
established by KRS 15.380 to 15.404 [KRS 15.440] , at a school certified or 8
recognized by the Kentucky Law Enforcement Council or receive a basic 9
training credit approved by the Kentucky Law Enforcement Counci l under 10
KRS 15.440(1)(d)6. 11
(b) In the event of extenuating circumstances beyond the control of an officer that 12
prevent the officer from completing basic training within one (1) year, the 13
executive director of the Kentucky Law Enforcement Council [commissioner 14
of the department] or his or her designee may grant the officer an extension of 15
time, not to exceed one hundred eighty (180) days, in which to complete the 16
training. 17
(c) Any peace officer who fails to successfully complete basic training within the 18
specified time periods, including extensions, shall lose his or her law 19
enforcement powers and his or her precertification status shall lapse. Further, 20
the peace officer shall be prohibited from serving as a peace officer for a 21
period of one (1) year from the date that his or her precertification lapses. 22
(2) (a) All peace officers with active certification status shall successfully complete 23
forty (40) hours of annual in -service training that has been certified or 24
recognized by the Kentucky Law Enforcement Counc il, that is appropriate to 25
the officer's rank and responsibility and the size and location of his 26
department. 27
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(b) In the event of extenuating circumstances beyond the control of an officer that 1
prevent the officer from completing the in -service training wi thin one (1) 2
year, the executive director of the Kentucky Law Enforcement 3
Council[commissioner of the department] or his or her designee may grant 4
the officer an extension of time, not to exceed one hundred eighty (180) days, 5
in which to complete the train ing. If the officer is unable to complete the in -6
service training due to injury or illness that prevents him or her from working 7
as a peace officer, the one hundred eighty (180) day extension shall begin on 8
the date that the officer returns to work. 9
(c) Any peace officer who fails to successfully complete in -service training 10
within the specified time periods, including extensions, shall lose his or her 11
law enforcement powers and his or her certification status shall be changed to 12
training deficiency status. 13
(d) When a peace officer is deficient in required training, the commissioner of the 14
department or his or her designee shall notify the council, which shall notify 15
the peace officer and his or her agency. 16
(e) The requirements of this subsection shall be waived for the period of time that 17
a peace officer is serving on active duty in the United States Armed Forces. 18
(f) This waiver shall be retroactive for peace officers from the date of September 19
11, 2001. 20
(3) An officer who has lost his or her law enforcemen t powers due solely to his or her 21
failure to meet the in-service training requirements of this section may regain his or 22
her certification status and law enforcement powers upon successful completion of 23
the training deficiency. 24
(4) (a) Any constable who is elected may apply for admission to a basic training 25
course, as established by KRS 15.440, at a school certified or recognized by 26
the Kentucky Constable Association, Inc., the Kentucky Law Enforcement 27
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Council, or the Department for Criminal Justice Trainin g[. The constable 1
shall meet all precertification requirements established pursuant to KRS 2
15.382 for attendance. The constable shall bear all costs associated with 3
precertification. The constable shall bear all costs associated with completion 4
of the basi c training course, except the costs of basic training at a course 5
established pursuant to KRS 15.340]. 6
(b) The basic training course shall accept the constable for basic training so long 7
as [: 8
1. The constable meets the precertification requirements; and 9
2. ]the basic training course has the training capacity to instruct the constable. If 10
space is not available upon request, the constable or deputy constable 11
possessing peace officer powers at the time of application shall continue to 12
possess peace officer p owers until training is made available to them and 13
they complete the training course. 14
Section 12. KRS 446.010 is amended to read as follows: 15
As used in the statute laws of this state, unless the context requires otherwise: 16
(1) "Action" includes all proceedings in any court of this state; 17
(2) "Animal" includes every warm-blooded living creature except a human being; 18
(3) "Attorney" means attorney-at-law; 19
(4) "Bequeath" and "devise" mean the same thing; 20
(5) "Bequest" and "legacy" mean the same thing, and embrace either real or personal 21
estate, or both; 22
(6) "Business trust" includes, except when utilized in KRS Chapter 386, a "statutory 23
trust" as organized under KRS Chapter 386A; 24
(7) "Case plan" means an individualized accountability and behavior change strategy 25
for supervised individuals that: 26
(a) Targets and prioritizes the specific criminal risk factors of the individual 27
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based upon his or her assessment results; 1
(b) Matches the type and intensity of supervision and treatment conditions to the 2
individual's level of risk, criminal risk factors, and individual characteristics, 3
such as gender, culture, motivational stage, developmental stage, and learn ing 4
style; 5
(c) Establishes a timetable for achieving specific behavioral goals, including a 6
schedule for payment of victim restitution, child support, and other financial 7
obligations; and 8
(d) Specifies positive and negative actions that will be taken in re sponse to the 9
supervised individual's behaviors; 10
(8) "Certified mail" means any method of governmental, commercial, or electronic 11
delivery that allows a document or package to have proof of: 12
(a) Sending the document or package; 13
(b) The date the document or package was delivered or delivery was attempted; 14
and 15
(c) The signature of the receipt of the document or package; 16
(9) "Company" may extend and be applied to any corporation, company, person, 17
partnership, joint stock company, or association; 18
(10) "Corporation" may extend and be applied to any corporation, company, partnership, 19
joint stock company, or association; 20
(11) "Criminal risk factors" are characteristics and behaviors that, when addressed or 21
changed, affect a person's risk for committing crimes. The characteristics may 22
include but are not limited to the following risk and criminogenic need factors: 23
antisocial behavior; antisocial personality; criminal thinking; criminal associates; 24
dysfunctional family; low levels of employment or education; poor use of leisure 25
and recreation; and substance abuse; 26
(12) "Cruelty" as applied to animals includes every act or omission whereby 27
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unjustifiable physical pain, suffering, or death is caused or permitted; 1
(13) "Directors," when applied to corporations, includes managers or trustees; 2
(14) "Domestic," when applied to a corporation, partnership, business trust, or limited 3
liability company, means all those incorporated or formed by authority of this state; 4
(15) "Domestic animal" means any animal converted to domestic habitat; 5
(16) "Evidence-based practices" means policies, procedures, programs, and practices 6
proven by scientific research to reliably produce reductions in recidivism when 7
implemented competently; 8
(17) "Federal" refers to the United States; 9
(18) "Foreign," when applied to a corporation, partnership, limited partnership, business 10
trust, statutory trust, or limited liability company, includes all those incorporated or 11
formed by authority of any other state; 12
(19) "Generally accepted accounting principles" are those uniform minimum standards 13
of and guidelines to financial accounting and reporting as adopted by the National 14
Council on Governmental Accounting, under the auspices of the Municipal Finance 15
Officers Association and by the Financial Accounting Standar ds Board, under the 16
auspices of the American Institute of Certified Public Accountants; 17
(20) "Graduated sanction" means any of a wide range of accountability measures and 18
programs for supervised individuals, including but not limited to electronic 19
monitoring; drug and alcohol testing or monitoring; day or evening reporting 20
centers; restitution cen ters; reentry centers; disallowance of future earned 21
compliance credits; rehabilitative interventions such as substance abuse or mental 22
health treatment; reporting requirements to probation and parole officers; 23
community service or work crews; secure or unsecure residential treatment facilities 24
or halfway houses; and short-term or intermittent incarceration; 25
(21) "Humane society," "society," or "Society for the Prevention of Cruelty to Animals," 26
means any nonprofit corporation, organized under the laws of t his state and having 27
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as its primary purpose the prevention of cruelty to animals; 1
(22) "Issue," as applied to the descent of real estate, includes all the lawful lineal 2
descendants of the ancestors; 3
(23) "Land" or "real estate" includes lands, tenements, a nd hereditaments and all rights 4
thereto and interest therein, other than a chattel interest; 5
(24) "Legatee" and "devisee" convey the same idea; 6
(25) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or 7
any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; 8
(26) "May" is permissive; 9
(27) "Month" means calendar month; 10
(28) "Oath" includes "affirmation" in all cases in which an affirmation may be 11
substituted for an oath; 12
(29) "Owner" when applied to any animal, means any person having a property interest 13
in such animal; 14
(30) "Partnership" includes both general and limited partnerships; 15
(31) "Peace officer" includes sheriffs, constables and deputy constables granted police 16
powers, coroners, jailers, metropolitan and urban -county government correctional 17
officers, marshals, policemen, and other persons with similar authority to make 18
arrests; 19
(32) "Penitentiary" includes all of the state penal institutions except the houses of 20
reform; 21
(33) "Person" may extend and be applied to bodies -politic and corporate, societies, 22
communities, the public generally, individuals, partnerships, joint stock companies, 23
and limited liability companies; 24
(34) "Personal estate" includes chattels, real and other estate that pas ses to the personal 25
representative upon the owner dying intestate; 26
(35) "Pretrial risk assessment" means an objective, research -based, validated assessment 27
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tool that measures a defendant's risk of flight and risk of anticipated criminal 1
conduct while on pretrial release pending adjudication; 2
(36) "Registered mail" means any governmental, commercial, or electronic method of 3
delivery that allows a document or package to have: 4
(a) Its chain of custody recorded in a register to enable its location to be tracked; 5
(b) Insurance available to cover its loss; and 6
(c) The signature of the recipient of the document or package available to the 7
sender; 8
(37) "Regular election" means the election in even-numbered years at which members of 9
Congress are elected and the elect ion in odd-numbered years at which state officers 10
are elected; 11
(38) "Risk and needs assessment" or "validated risk and needs assessment" means an 12
actuarial tool scientifically proven to determine a person's risk to reoffend and 13
criminal risk factors, that when properly addressed, can reduce that person's 14
likelihood of committing future criminal behavior; 15
(39) "Shall" is mandatory; 16
(40) "State" when applied to a part of the United States, includes territories, outlying 17
possessions, and the District of Columb ia; "any other state" includes any state, 18
territory, outlying possession, the District of Columbia, and any foreign government 19
or country; 20
(41) "State funds" or "public funds" means sums actually received in cash or negotiable 21
instruments from all sources unless otherwise described by any state agency, state -22
owned corporation, university, department, cabinet, fiduciary for the benefit of any 23
form of state organization, authority, board, bureau, interstate compact, 24
commission, committee, conference, council, office, or any other form of 25
organization whether or not the money has ever been paid into the Treasury and 26
whether or not the money is still in the Treasury if the money is controlled by any 27
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form of state organization, except for those funds the manageme nt of which is to be 1
reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, 2
and 42.615; 3
(42) "Supervised individual" means an individual placed on probation by a court or 4
serving a period of parole or post-release supervision from prison or jail; 5
(43) "Sworn" includes "affirmed" in all cases in which an affirmation may be substituted 6
for an oath; 7
(44) "Treatment" when used in a criminal justice context, means targeted interventions 8
that focus on criminal risk factors in order to red uce the likelihood of criminal 9
behavior. Treatment options may include but shall not be limited to community -10
based programs that are consistent with evidence -based practices; cognitive -11
behavioral programs; faith -based programs; inpatient and outpatient sub stance 12
abuse or mental health programs; and other available prevention and intervention 13
programs that have been scientifically proven to produce reductions in recidivism 14
when implemented competently. "Treatment" does not include medical services; 15
(45) "United States" includes territories, outlying possessions, and the District of 16
Columbia; 17
(46) "Vacancy in office," or any equivalent phrase, means such as exists when there is 18
an unexpired part of a term of office without a lawful incumbent therein, or wh en 19
the person elected or appointed to an office fails to qualify according to law, or 20
when there has been no election to fill the office at the time appointed by law; it 21
applies whether the vacancy is occasioned by death, resignation, removal from the 22
state, county or district, or otherwise; 23
(47) "Violate" includes failure to comply with; 24
(48) "Will" includes codicils; "last will" means last will and testament; 25
(49) "Year" means calendar year; 26
(50) "City" includes town; 27
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(51) Appropriation-related terms are defined as follows: 1
(a) "Appropriation" means an authorization by the General Assembly to expend, 2
from public funds, a sum of money not in excess of the sum specified, for the 3
purposes specified in the authorization and under the procedure prescribed in 4
KRS Chapter 48; 5
(b) "Appropriation provision" means a section of any enactment by the General 6
Assembly which is not provided for by KRS Chapter 48 and which authorizes 7
the expenditure of public funds other than by a general appropriation bill; 8
(c) "General a ppropriation bill" means an enactment by the General Assembly 9
that authorizes the expenditure of public funds in a branch budget bill as 10
provided for in KRS Chapter 48; 11
(52) "Mediation" means a nonadversarial process in which a neutral third party 12
encourages and helps disputing parties reach a mutually acceptable agreement. 13
Recommendations by mediators are not binding on the parties unless the parties 14
enter into a settlement agreement incorporating the recommendations; 15
(53) "Biennium" means the two (2) year period commencing on July 1 in each even -16
numbered year and ending on June 30 in the ensuing even-numbered year; 17
(54) "Branch budget bill" or "branch budget" means an enactment by the General 18
Assembly which provides appropriations and establishes fiscal po licies and 19
conditions for the biennial financial plan for the judicial branch, the legislative 20
branch, and the executive branch, which shall include a separate budget bill for the 21
Transportation Cabinet; 22
(55) "AVIS" means the automated vehicle information system established and 23
maintained by the Transportation Cabinet to collect titling and registration 24
information on vehicles and boats and information on holders of motor vehicle 25
operator's licenses and personal identification cards; 26
(56) "Cooperative," exc ept in KRS Chapter 272, includes a limited cooperative 27
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association; and 1
(57) "Unmanned aircraft system" means an aircraft that is operated without the 2
possibility of direct human interaction from within or on the aircraft and includes 3
everything that is on board or otherwise attached to the aircraft and all associated 4
elements, including communication links and the components that control the small 5
unmanned aircraft that are required for the safe and efficient operation of the 6
unmanned aircraft in the national airspace system. 7
Section 13. KRS 189.910 is amended to read as follows: 8
(1) As used in KRS 189.920 to 189.950, "emergency vehicle" means any vehicle used 9
for emergency purposes by: 10
(a) The Department of Kentucky State Police; 11
(b) A public police department; 12
(c) The Department of Corrections; 13
(d) A sheriff's office; 14
(e) A rescue squad; 15
(f) An emergency management agency if it is a publicly owned vehicle; 16
(g) A licensed ambulance service, mobile integrated healthcare pr ogram, or 17
medical first response provider licensed by the Kentucky Board of Emergency 18
Medical Services, for any vehicle used to respond to emergencies or to 19
transport a patient with a critical medical condition; 20
(h) Any vehicle commandeered by a peace[police] officer; 21
(i) Any vehicle with the emergency lights required under KRS 189.920 used by a 22
paid or volunteer fireman or paid or volunteer ambulance personnel, or a paid 23
or local emergency management director while responding to an emergency 24
or to a location where an emergency vehicle is on emergency call; 25
(j) An elected coroner granted permission to equip a publicly or privately owned 26
motor vehicle with lights and siren pursuant to KRS 189.920; 27
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(k) A deputy coroner granted permission to equip a publicly or privately owned 1
motor vehicle with lights and siren pursuant to KRS 189.920; 2
(l) Any vehicle used by an organ procurement organization while transporting a 3
human organ or tissue for the purpose of organ recovery or transplantation in 4
an emergency situation involving an imminent health risk;[ or] 5
(m) A game warden of the Kentucky Department of Fish and Wildlife Resources ; 6
or 7
(n) Any vehicle used for official law enforcement purposes by a constable or 8
deputy constable possessing the powers of a peace officer. 9
(2) As used in KRS 189.920 to 189.950, "public safety vehicle" means public utility 10
repair vehicle; wreckers; state, county, or municipal service vehicles and 11
equipment; highway equipment which pe rforms work that requires stopping and 12
standing or moving at slow speeds within the traveled portions of highways; and 13
vehicles which are escorting wide-load or slow-moving trailers or trucks. 14
Section 14. KRS 189.950 is amended to read as follows: 15
(1) A[No] motor vehicle, except those designated under KRS 189.910 to 189.950 as 16
emergency vehicles, shall not be equipped with, and a[ nor shall any] person shall 17
not use upon a vehicle, any siren, whistle, or bell. Any vehicle may be equipped 18
with a theft alarm signal device which shall be so arranged that it cannot be used as 19
an ordinary warning signal. 20
(2) A[No] motor vehicle, except those designated under KRS 189.910 to 189.950 as 21
emergency vehicles, shall not be equipped with, and a[nor shall any] person shall 22
not use upon a vehicle any red or blue flashing, revolving, or oscillating light or 23
place a red light on the front thereof. This subsection shall not apply to the use of 24
red flashing lights on school buses or to stop lights or turn signals at the rear of any 25
motor vehicle. 26
(3) Except as otherwise provided for in this section, a person shall not illuminate a blue 27
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light that is affixed to a motor vehicle while operating the motor vehicle on a 1
highway. This subsection shall not apply to: 2
(a) Any light on a motorcycle that is not affixed to the front of the motorcycle; or 3
(b) Nonhalogen headlamps that have a slight blue tint and meet United States 4
Department of Transportation regulations. 5
(4) A[No] motor vehic le, except those designated under KRS 189.910 to 189.950 as 6
public safety vehicles, shall not be equipped with, and a[nor shall any] person shall 7
not use upon any vehicle any yellow flashing, revolving, or oscillating light. This 8
subsection shall not apply to the use of yellow lights for turn signals; or to 9
emergency flasher lights for use when warning the operators of other vehicles of the 10
presence of a vehicular traffic requiring the exercise of unusual care in approaching, 11
overtaking, or passing; or to v ehicles operated by mail carriers while on duty; 12
funeral escort vehicles and church buses. 13
(5) Any person who is a regular or voluntary member of any fire department furnishing 14
fire protection for a political subdivision of the state or any person who is a regular 15
or voluntary member of a rescue squad may equip his or her vehicle with red 16
flashing, rotating, or oscillating lights and a siren, bell, or exhaust whistle if he or 17
she has first been given permission, in writing, to do so by the chief of the fire 18
department or rescue squad. He or she may use such lights and equipment only 19
while proceeding to the scene of a fire or other emergency or to a location where 20
another emergency vehicle is on emergency call in the performance of his or her 21
official duties as a member of a fire department or rescue squad. 22
(6) (a) Any constable without peace officer powers [meeting the requirements of 23
KRS 70.325(2)] may, upon approval of the fiscal court in the county of 24
jurisdiction, the legislative council of an urban -county government, or the 25
legislative body of a consolidated local government, equip vehicles used by 26
said officer as emergency vehicles with one (1) or more flashing, rotating or 27
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oscillating blue lights, visible under normal atmospheric condition from a 1
distance of five hundred (500) feet to the front of such vehicle, and a siren, 2
whistle or bell, capable of emitting a sound audible under normal conditions 3
from a distance of not less than five hundred (500) feet. This equipment shall 4
be in addition to any other equipment required by the motor vehicle laws. Any 5
constable authorized by the fiscal court to utilize blue lights and a siren 6
pursuant to this section shall maintain at least the insurance described by KRS 7
304.39-110. 8
(b) 1. Any constable who has successfu lly completed a basic training course, 9
as established by KRS 15.440, at a school certified or recognized by the 10
Kentucky Law Enforcement Council, and who maintains his or her 11
certification as a peace officer pursuant to KRS 15.380 through his or 12
her term of office as a constable, or otherwise possesses the powers of a 13
peace officer, may equip vehicles used by that officer as emergency 14
vehicles with one (1) or more flashing, rotating, or oscillating blue 15
lights, visible under normal atmospheric conditions fr om a distance of 16
five hundred (500) feet to the front of the vehicle, and a siren, whistle, 17
or bell, capable of emitting a sound audible under normal conditions 18
from a distance of not less than five hundred (500) feet. This equipment 19
shall be in addition t o any other equipment required by the motor 20
vehicle laws. Any constable authorized to use blue lights and a siren 21
pursuant to this section shall maintain at least the insurance described by 22
KRS 304.39-110. 23
2. The fiscal court in the county of jurisdiction, the legislative council of 24
an urban-county government, or the legislative body of a consolidated 25
local government may revoke this authorization, if the fiscal court, the 26
council, or the body determines an issue of public safety or abuse by the 27
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constable. 1
(7) Any person who is a paid or voluntary member of any ambulance service furnishing 2
emergency medical services for a political subdivision of the state may equip his or 3
her vehicle with red flashing, rotating, or oscillating lights and a siren, bell, or 4
exhaust whistle if he or she has first been given permission, in writing, to do so by 5
the chief or director of the ambulance service. He or she may use such lights and 6
equipment only while proceeding to the scene of an emergency, a medical facility, 7
or to a location where another emergency vehicle is on emergency call in the 8
performance of his or her official duties as a member of the ambulance service. 9
Section 15. This Act may be cited as the Richard Lee VanHoose Act. 10
Section 16. Whereas it is of the most utmost urgency that constables and deputy 11
constables all across the Commonwealth be given the opportunity to have their peace 12
officer powers restored through experience and education, a n emergency is declared to 13
exist, and this Act takes effect upon its passage and approval by the Governor or upon its 14
otherwise becoming a law. 15