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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. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A defendant shall be subject to an enhanced term of imprisonment under 5
subsection (3) of this section if: 6
(a) 1. He or she is convicted of a crime under KRS Chapter 507, 507A, 508, 7
509, 510, or 525, or of the attempt to commit a crime under those 8
chapters; and 9
2. It is proven beyond a reasonable doubt that the defendant 10
intentionally selected the person against whom the crime was 11
committed because, in whole or in part, of that person's actual or 12
perceived race, color, ethnicity, national origin, religion, mental or 13
physical disability, gender identity or expression, or sexual 14
orientation; or 15
(b) 1. He or she is convicted of a crime under KRS 512.020, 512.030, 16
512.040, 513.020, 513.030, or 513.040; and 17
2. It is proven beyond a reasonable doubt that the defendant 18
intentionally defaced, destroyed, damaged, or started a fire or 19
explosion on property associated with a person because, in whole or in 20
part, of that person's actual or perceived race, color, ethnicity, 21
national origin, religion, mental or physical disability, gender identity 22
or expression, or sexual orientation. 23
(2) Unless a jury trial has been waived, when a defendant is convicted of a crime 24
outlined in subsection (1) of this section and the defendant was charged with 25
intentionally committing the underlying offense because of a person's actual or 26
perceived race, color, ethnicity, national origin, religion, mental or physical 27 UNOFFICIAL COPY 22 RS BR 163
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disability, gender identity or expression, or sexual orientation: 1
(a) The court shall conduct a hearing, separate from the proceeding that 2
resulted in the defendant's conviction for the underlying offense, to 3
determine whether the person intentionally committed the underlying 4
offense because of a person's actual or perceived race, color, ethnicity, 5
national origin, religion, mental or physical disability, gender identity or 6
expression, or sexual orientation; 7
(b) The hearing shall occur before the same court and jury that convicted the 8
defendant of the underlying offense, unless the court for good cause 9
discharges that jury and impanels a new jury for that purpose; and 10
(c) The jury shall determine: 11
1. Whether, beyond a reasonable doubt, the person intentionally 12
committed the underlying offense because of a person's actual or 13
perceived race, color, ethnicity, national origin, religion, mental or 14
physical disability, gender identity or expression, or sexual 15
orientation; and 16
2. The enhanced term of imprisonment to be imposed pursuant to 17
subsection (3) of this section, if any. 18
(3) When a defendant has been found to have intentionally committed an offense 19
outlined in subsection (1) of this section because of a person's actual or perceived 20
race, color, ethnicity, national origin, religion, mental or physical disability, 21
gender identity or expression, or sexual orientation, his or her sentence for the 22
underlying offense shall be enhanced as follows: 23
(a) If the underlying offense is a Class A or B misdemeanor, the term of 24
imprisonment shall be increased by at least half of the maximum 25
imprisonment sentence for that misdemeanor and the fine shall be at least 26
half of the maximum fine amount for that misdemeanor as provided in KRS 27 UNOFFICIAL COPY 22 RS BR 163
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534.040; 1
(b) If the underlying offense is a Class D felony, the term of imprisonment 2
shall be increased by one (1) to five (5) years; 3
(c) If the underlying offense is a Class C felony, the term of imprisonment shall 4
be increased by five (5) to ten (10) years; and 5
(d) If the underlying offense is a Class A or B felony, the term of imprisonment 6
shall be increased by ten (10) to twenty (20) years. 7
(4) Any defendant who receives an enhanced term of imprisonment under this 8
section shall not be eligible for probation, shock probation, conditional 9
discharge, parole, or any other form of early release. 10
Section 2. KRS 15.420 is amended to read as follows: 11
As used in KRS 15.410 to 15.510, unless the context otherwise requires: 12
(1) "Cabinet" means the Justice and Public Safety Cabinet; 13
(2) "Hate crime" means bias-related crime, victimization, or intimidation that is a 14
result of or reasonably related to race, color, ethnicity, national origin, religion, 15
mental or physical disability, gender identity or expression, or sexual orientation; 16
(3)[(2)] (a) "Police officer" means: 17
1. A local officer, limited to: 18
a. A full-time: 19
i. Member of a lawfully organized police department of county, 20
urban-county, or city government; or 21
ii. Sheriff or full-time deputy sheriff, including any sheriff 22
providing court security or appointed under KRS 70.030; or 23
b. A school resource officer as defined in KRS 158.441; and 24
2. A state officer, limited to: 25
a. A public university police officer; 26
b. A Kentucky state trooper; 27 UNOFFICIAL COPY 22 RS BR 163
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c. A Kentucky State Police arson investigator; 1
d. A Kentucky State Police hazardous device investigator; 2
e. A Kentucky State Police legislative security specialist; 3
f. A Kentucky vehicle enforcement officer; 4
g. A Kentucky Horse Park mounted patrol officer, subject to KRS 5
15.460(1)(f); 6
h. A Kentucky state park ranger, subject to KRS 15.460(1)(f); 7
i. An agriculture investigator; 8
j. A charitable gaming investigator; 9
k. An alcoholic beverage control investigator; 10
l. An insurance fraud investigator; 11
m. An Attorney General investigator; and 12
n. A Kentucky Department of Fish and Wildlife Resources 13
conservation officer, subject to KRS 15.460(1)(e); 14
who is responsible for the prevention and detection of crime and the 15
enforcement of the general criminal laws of the state; 16
(b) "Police officer" does not include any sheriff who earns the maximum 17
constitutional salary for this office, any special deputy sheriff appointed under 18
KRS 70.045, any constable, deputy constable, district detective, deputy district 19
detective, special local peace officer, auxiliary police officer, or any other 20
peace officer not specifically authorized in KRS 15.410 to 15.510; 21
(4)[(3)] "Police department" means the employer of a police officer; 22
(5)[(4)] "Retirement plan" means a defined benefit plan consisting of required 23
employer contributions pursuant to KRS 61.565, 61.702, or any other provision of 24
law; 25
(6)[(5)] "Unit of government" means any city, county, combination of cities and 26
counties, public university, state agency, local school district, or county sheriff's 27 UNOFFICIAL COPY 22 RS BR 163
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office of the Commonwealth; and 1
(7)[(6)] "Validated job task analysis" means the core job description that describes the 2
minimum entry level requirements, qualifications, and training requirements for 3
peace officers in the Commonwealth, and that is based upon an actual survey and 4
study of police officer duties and responsibilities conducted by an entity recognized 5
by the council as being competent to conduct such a study. 6
Section 3. KRS 15.440 is amended to read as follows: 7
(1) Each unit of government that meets the following requirements shall be eligible to 8
share in the distribution of funds from the Law Enforcement Foundation Program 9
fund: 10
(a) Employs one (1) or more police officers; 11
(b) Pays every police officer at least the minimum federal wage; 12
(c) Requires all police officers to have, at a minimum, a high school degree, or its 13
equivalent as determined by the council, except that each police officer 14
employed prior to the date on which the officer's police department was 15
included as a participant under KRS 15.410 to 15.510 shall be deemed to have 16
met the requirements of this subsection; 17
(d) 1. Requires all police officers to successfully complete a basic training 18
course of nine hundred twenty-eight (928) hours' duration within one (1) 19
year of the date of employment at a school certified or recognized by the 20
council, which may provide a different number of hours of instruction as 21
established in this paragraph, except that each police officer employed 22
prior to the date on which the officer's police department was included 23
as a participant under KRS 15.410 to 15.510 shall be deemed to have 24
met the requirements of this subsection. 25
2. As the exclusive method by which the number of hours required for 26
basic training courses shall be modified from that which is specifically 27 UNOFFICIAL COPY 22 RS BR 163
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established by this paragraph, the council may, by the promulgation of 1
administrative regulations in accordance with the provisions of KRS 2
Chapter 13A, explicitly set the exact number of hours for basic training 3
at a number different from nine hundred twenty-eight (928) hours based 4
upon a training curriculum approved by the Kentucky Law Enforcement 5
Council as determined by a validated job task analysis. 6
3. If the council sets an exact number of hours different from nine hundred 7
twenty-eight (928) in an administrative regulation as provided by this 8
paragraph, it shall not further change the number of hours required for 9
basic training without promulgating administrative regulations in 10
accordance with the provisions of KRS Chapter 13A. 11
4. Nothing in this paragraph shall be interpreted to prevent the council, 12
pursuant to its authority under KRS 15.330, from approving training 13
schools with a curriculum requiring attendance of a number of hours that 14
exceeds nine hundred twenty-eight (928) hours or the number of hours 15
established in an administrative regulation as provided by subparagraphs 16
2. and 3. of this paragraph. However, the training programs and schools 17
for the basic training of law enforcement personnel conducted by the 18
department pursuant to KRS 15A.070 shall not contain a curriculum that 19
requires attendance of a number of hours for basic training that is 20
different from nine hundred twenty-eight (928) hours or the number of 21
hours established in an administrative regulation promulgated by the 22
council pursuant to the provisions of KRS Chapter 13A as provided by 23
subparagraphs 2. and 3. of this paragraph. 24
5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 25
to the contrary notwithstanding, the council may, through the 26
promulgation of administrative regulations in accordance with KRS 27 UNOFFICIAL COPY 22 RS BR 163
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Chapter 13A, approve basic training credit for: 1
a. Years of service credit as a law enforcement officer with previous 2
service in another state; and 3
b. Basic training completed in another state. 4
6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 5
to the contrary notwithstanding, the council may, through the 6
promulgation of administrative regulations in accordance with KRS 7
Chapter 13A, approve basic training credit for: 8
a. Completion of eight hundred forty-eight (848) hours of training at 9
a school established pursuant to KRS 15A.070; 10
b. A minimum of fifteen (15) years of experience as a certified law 11
enforcement instructor at a school established pursuant to KRS 12
15A.070; 13
c. Completion of an average of forty (40) hours of Kentucky Law 14
Enforcement Council approved in-service training annually from 15
January 1, 1997, through January 1, 2020; 16
d. Three (3) years of active, full-time service as a: 17
i. City, county, urban-county, charter county, consolidated 18
local, or unified local government police officer; 19
ii. Sheriff's deputy, excluding special deputies appointed under 20
KRS 70.045; 21
iii. Department of Kentucky State Police officer; or 22
iv. Kentucky Department of Fish and Wildlife Resources 23
conservation officer exercising peace officer powers under 24
KRS 150.090; and 25
e. Completion of the: 26
i. Twenty-four (24) hour legal update Penal Code course; 27 UNOFFICIAL COPY 22 RS BR 163
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ii. Sixteen (16) hour legal update constitutional procedure 1
course; and 2
iii. Forty (40) hour basic officer skills course within one (1) year 3
prior to applying for certification; 4
(e) Requires all police officers to successfully complete each calendar year an in-5
service training course, appropriate to the officer's rank and responsibility and 6
the size and location of the officer's police department, of forty (40) hours' 7
duration, at a school certified or recognized by the council which may include 8
a four (4) hour course which meets the requirements of paragraph (j) of this 9
subsection. This in-service training requirement shall be waived for the period 10
of time that a peace officer is serving on active duty in the United States 11
Armed Forces. This waiver shall be retroactive for peace officers from the 12
date of September 11, 2001; 13
(f) Complies with all provisions of law applicable to police officers or police 14
departments, including transmission of data to the centralized criminal history 15
record information system as required by KRS 17.150 and transmission of 16
reports as required by KRS 15.391; 17
(g) Complies with all rules and regulations, appropriate to the size and location of 18
the police department issued by the cabinet to facilitate the administration of 19
the fund and further the purposes of KRS 15.410 to 15.510; 20
(h) Possesses a written policy and procedures manual related to domestic violence 21
for law enforcement agencies that has been approved by the cabinet. The 22
policy shall comply with the provisions of KRS 403.715 to 403.785. The 23
policy shall include a purpose statement; definitions; supervisory 24
responsibilities; procedures for twenty-four (24) hour access to protective 25
orders; procedures for enforcement of court orders or relief when protective 26
orders are violated; procedures for timely and contemporaneous reporting of 27 UNOFFICIAL COPY 22 RS BR 163
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adult abuse and domestic violence to the Cabinet for Health and Family 1
Services, Department for Community Based Services; victim rights, 2
assistance, and service responsibilities; and duties related to timely completion 3
of records; 4
(i) Possesses by January 1, 2017, a written policy and procedures manual related 5
to sexual assault examinations that meets the standards provided by, and has 6
been approved by, the cabinet, and which includes: 7
1. A requirement that evidence collected as a result of an examination 8
performed under KRS 216B.400 be taken into custody within five (5) 9
days of notice from the collecting facility that the evidence is available 10
for retrieval; 11
2. A requirement that evidence received from a collecting facility relating 12
to an incident which occurred outside the jurisdiction of the police 13
department be transmitted to a police department with jurisdiction 14
within ten (10) days of its receipt by the police department; 15
3. A requirement that all evidence retrieved from a collecting facility under 16
this paragraph be transmitted to the Department of Kentucky State 17
Police forensic laboratory within thirty (30) days of its receipt by the 18
police department; 19
4. A requirement that a suspect standard, if available, be transmitted to the 20
Department of Kentucky State Police forensic laboratory with the 21
evidence received from a collecting facility; and 22
5. A process for notifying the victim from whom the evidence was 23
collected of the progress of the testing, whether the testing resulted in a 24
match to other DNA samples, and if the evidence is to be destroyed. The 25
policy may include provisions for delaying notice until a suspect is 26
apprehended or the office of the Commonwealth's attorney consents to 27 UNOFFICIAL COPY 22 RS BR 163
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the notification, but shall not automatically require the disclosure of the 1
identity of any person to whom the evidence matched;[ and] 2
(j) Possesses by January 1, 2023, a written policy and procedures manual 3
related to hate crimes which includes: 4
1. A requirement that crimes identified, investigated, and reported as 5
hate crimes be submitted through the Federal Bureau of 6
Investigation's Uniform Crime Reporting Program; 7
2. A standardized system of collecting, analyzing, and reporting the 8
incidence of a hate crime; 9
3. The establishment of a unit specialized in identifying, investigating, 10
and reporting hate crimes; and 11
4. A requirement for engaging in community related functions related to 12
hate crime prevention and education such as establishing a liaison 13
with formal community-based organizations or leaders and 14
conducting public meetings or educational forums on the impact of 15
hate crimes; and 16
(k)[(j)] Requires all police officers to successfully complete by December 31, 17
2022, and every two (2) years thereafter, a training course certified by the 18
council of not less than four (4) hours in emergency vehicle operation. 19
(2) A unit of government which meets the criteria of this section shall be eligible to 20
continue sharing in the distribution of funds from the Law Enforcement Foundation 21
Program fund only if the police department of the unit of government remains in 22
compliance with the requirements of this section. 23
(3) Deputies employed by a sheriff's office shall be eligible to participate in the 24
distribution of funds from the Law Enforcement Foundation Program fund 25
regardless of participation by the sheriff. 26
(4) Failure to meet a deadline established in a policy adopted pursuant to subsection 27 UNOFFICIAL COPY 22 RS BR 163
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(1)(i) of this section for the retrieval or submission of evidence shall not be a basis 1
for a dismissal of a criminal action or a bar to the admissibility of the evidence in a 2
criminal action. 3
Section 4. KRS 15.334 is amended to read as follows: 4
(1) The Kentucky Law Enforcement Council shall approve mandatory training subjects 5
to be taught to all students attending a law enforcement basic training course that 6
include but are not limited to: 7
(a) Abuse, neglect, and exploitation of the elderly and other crimes against the 8
elderly, including the use of multidisciplinary teams in the investigation and 9
prosecution of crimes against the elderly; 10
(b) The dynamics of domestic violence, pediatric abusive head trauma, as defined 11
in KRS 620.020, child physical and sexual abuse, and rape; child 12
development; the effects of abuse and crime on adult and child victims, 13
including the impact of abuse and violence on child development; legal 14
remedies for protection; lethality and risk issues; profiles of offenders and 15
offender treatment; model protocols for addressing domestic violence, rape, 16
pediatric abusive head trauma, as defined in KRS 620.020, and child abuse; 17
available community resources and victim services; and reporting 18
requirements. This training shall be developed in consultation with legal, 19
victim services, victim advocacy, and mental health professionals with 20
expertise in domestic violence, child abuse, and rape. Training in recognizing 21
pediatric abusive head trauma may be designed in collaboration with 22
organizations and agencies that specialize in the prevention and recognition of 23
pediatric abusive head trauma approved by the secretary of the Cabinet for 24
Health and Family Services; 25
(c) Human immunodeficiency virus infection and acquired immunodeficiency 26
virus syndrome; 27 UNOFFICIAL COPY 22 RS BR 163
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(d) Identification and investigation of, responding to, and reporting bias-related 1
crime, victimization, or intimidation that is a result of or reasonably related to 2
race, color, ethnicity[religion, sex, or] national origin, religion, mental or 3
physical disability, gender identity or expression, or sexual orientation; 4
(e) The characteristics and dynamics of human trafficking, state and federal laws 5
relating to human trafficking, the investigation of cases involving human 6
trafficking, including but not limited to screening for human trafficking, and 7
resources for assistance to the victims of human trafficking; 8
(f) Beginning January 1, 2017, the council shall require that a law enforcement 9
basic training course include at least eight (8) hours of training relevant to 10
sexual assault; and 11
(g) Education on female genital mutilation as defined in KRS 508.125, including 12
the risk factors associated with female genital mutilation, the criminal 13
penalties for committing female genital mutilation, and the psychological and 14
health effects on a victim of female genital mutilation. 15
(2) (a) The council shall develop and approve mandatory in-service training courses 16
to be presented to all certified peace officers. The council may promulgate 17
administrative regulations in accordance with KRS Chapter 13A setting forth 18
the deadlines by which all certified peace officers shall attend the mandatory 19
in-service training courses. 20
(b) Beginning January 1, 2017, the council shall establish a forty (40) hour sexual 21
assault investigation training course. After January 1, 2019, agencies shall 22
maintain officers on staff who have completed the forty (40) hour sexual 23
assault investigation training course in accordance with the following: 24
1. Agencies with more than ten (10) but fewer than twenty-one (21) full-25
time officers shall maintain one (1) officer who has completed the forty 26
(40) hour sexual assault investigation training course; 27 UNOFFICIAL COPY 22 RS BR 163
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2. Agencies with twenty-one (21) or more but fewer than fifty-one (51) 1
full-time officers shall maintain at least two (2) officers who have 2
completed the forty (40) hour sexual assault investigation training 3
course; and 4
3. Agencies with fifty-one (51) or more full-time officers shall maintain at 5
least four (4) officers who have completed the sexual assault 6
investigation course. 7
(c) An agency shall not make an officer directly responsible for the investigation 8
or processing of sexual assault offenses unless that officer has completed the 9
forty (40) hour sexual assault investigation training course. 10
(d) The council may, upon application by any agency, grant an exemption from 11
the training requirements set forth in paragraph (b) of this subsection if that 12
agency, by limitations arising from its scope of authority, does not conduct 13
sexual assault investigations. 14
(e) Any agency failing to comply with paragraph (b) or (c) of this subsection 15
shall, from the date the noncompliance commences, have one (1) year to 16
reestablish the minimum number of trained officers required. 17
(3) The Justice and Public Safety Cabinet shall provide training on the subjects of 18
domestic violence and abuse and may do so utilizing currently available technology. 19
All certified peace officers shall be required to complete this training at least once 20
every two (2) years. 21
(4) The council shall promulgate administrative regulations in accordance with KRS 22
Chapter 13A to establish mandatory basic training and in-service training courses. 23
Section 5. KRS 17.1523 is amended to read as follows: 24
(1) The uniform offense report shall contain provisions for obtaining information as to 25
whether or not specific crimes appear from their facts and circumstances to be 26
caused as a result of or reasonably related to race, color, religion, sex, or national 27 UNOFFICIAL COPY 22 RS BR 163
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origin. 1
(2) All law enforcement officers, when completing a uniform offense report, shall note 2
thereon whether or not the offense appears to be caused as a result of or reasonably 3
related to race, color, ethnicity,[religion, sex, or] national origin, religion, mental 4
or physical disability, gender identity or expression, or sexual orientation, or 5
attempts to victimize or intimidate another due to any of the foregoing causes. 6
(3) The Justice and Public Safety Cabinet shall, annually, as a part of the crime reports 7
report on crimes which appear to have been caused by the factors cited in 8
subsections (1) and (2) of this section. 9
Section 6. KRS 15.340 is amended to read as follows: 10
Subject to approval by the secretary, the department may make its facilities and services 11
available upon the following terms: 12
(1) The department may determine to which law enforcement agencies, corrections 13
agencies, and court agencies and its officers it will offer training; 14
(2) In determining the law enforcement officers for which it will offer training and in 15
allocating available funds, the department shall give first priority to "police officers" 16
as defined by KRS 15.420(3)[(2)], public airport authority security officers, and 17
campus police; 18
(3) Fire investigators shall be offered training by the department; 19
(4) Except for the officers described in subsection (2) of this section, the department 20
may determine whether persons to whom it offers training or agencies employing 21
such persons must bear any or all costs of such training. 22
Section 7. KRS 15.460 is amended to read as follows: 23
(1) (a) Except as provided in subsection (4)(a) of this section, an eligible unit of 24
government shall be entitled to receive an annual supplement of three 25
thousand dollars ($3,000) for each qualified police officer it employs. The 26
supplement amount shall be increased to four thousand dollars ($4,000) 27 UNOFFICIAL COPY 22 RS BR 163
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beginning July 1, 2018. 1
(b) 1. In addition to the supplement, the unit of government shall receive an 2
amount equal to the required employer's contribution on the supplement 3
to the retirement plan and duty category to which the officer belongs. In 4
the case of County Employees Retirement System membership, the 5
retirement plan contribution on the supplement shall be paid whether the 6
officer enters the system under hazardous duty coverage or 7
nonhazardous coverage. 8
2. The unit of government shall pay the amount received for retirement 9
plan coverage to the appropriate retirement system to cover the required 10
employer contribution on the pay supplement. 11
3. If the foundation program funds are insufficient to pay employer 12
contributions to the system, then the total amount available for 13
retirement plan payments shall be prorated to each eligible government 14
so that each receives the same percentage of required retirement plan 15
costs attributable to the cash salary supplement. 16
(c) 1. In addition to the payments received under paragraphs (a) and (b) of this 17
subsection, but only if sufficient funds are available to make all 18
payments required under paragraph (b) of this subsection, each unit of 19
government shall receive an administrative expense reimbursement in an 20
amount equal to seven and sixty-five one-hundredths percent (7.65%) of 21
the total annual supplement received greater than three thousand one 22
hundred dollars ($3,100) for each qualified police officer that is a local 23
officer as defined in KRS 15.420(3)(a)1.[(2)(a)1.] that it employs, 24
subject to the cap established by subparagraph 3. of this paragraph. 25
2. The unit of government may use the moneys received under this 26
paragraph in any manner it deems necessary to partially cover the costs 27 UNOFFICIAL COPY 22 RS BR 163
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of administering the payments received under paragraph (a) of this 1
subsection. 2
3. The total amount distributed under this paragraph shall not exceed the 3
total sum of five hundred twenty-five thousand dollars ($525,000) for 4
each fiscal year. If there are insufficient funds to provide for full 5
reimbursement as provided in subparagraph 1. of this paragraph, then 6
the amount shall be distributed pro rata to each eligible unit of 7
government so that each receives the same percentage attributable to its 8
total receipt of the cash salary supplement. 9
(d) In addition to the payments received under paragraphs (a) and (b) of this 10
subsection, each unit of government shall receive the associated fringe 11
benefits costs for the total supplement of four thousand dollars ($4,000) for 12
each qualified police officer that is a state officer as defined in KRS 13
15.420(3)(a)2.[(2)(a)2.] that it employs. Fringe benefits shall be limited to 14
retirement plan contributions and the federal insurance contributions act tax. 15
(e) Notwithstanding paragraphs (a) to (d) of this subsection, a Kentucky 16
Department of Fish and Wildlife Resources conservation officer appointed 17
pursuant to KRS 150.090(2) and listed in KRS 15.420(3)(a)2.n.[(2)(a)2.n.] 18
shall be a participant in the Kentucky Law Enforcement Foundation Program 19
fund, but shall not receive an annual supplement from that fund. A 20
conservation officer shall receive an annual training stipend commensurate to 21
the annual supplement paid to the police officer as defined in KRS 15.420. 22
The annual training stipend disbursed to a conservation officer shall be paid 23
from the game and fish fund pursuant to KRS 150.150. 24
(f) Any peace officer sanctioned by the Tourism, Arts and Heritage Cabinet shall 25
be deemed a police officer solely for the purpose of inclusion in the Law 26
Enforcement Foundation Program fund. 27 UNOFFICIAL COPY 22 RS BR 163
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(2) The supplement provided in subsection (1) of this section shall be paid by the unit 1
of government to each police officer whose qualifications resulted in receipt of a 2
supplemental payment. The payment shall be in addition to the police officer's 3
regular salary and, except as provided in subsection (4)(b) of this section, shall 4
continue to be paid to a police officer who is a member of: 5
(a) The Kentucky National Guard during any period of activation under Title 10 6
or 32 of the United States Code or KRS 38.030; or 7
(b) Any reserve component of the United States Armed Forces during any period 8
of activation with the United States Armed Forces. 9
(3) (a) A qualified sheriff who receives the maximum salary allowed by Section 246 10
of the Kentucky Constitution and KRS 64.527 shall not receive a supplement. 11
(b) A qualified sheriff who does not receive the maximum salary allowed by 12
Section 246 of the Kentucky Constitution and KRS 64.527, excluding the 13
expense allowance provided by KRS 70.170, shall upon annual settlement 14
with the fiscal court under KRS 134.192, receive that portion of the 15
supplement that will not cause his or her compensation to exceed the 16
maximum salary. 17
(c) A qualified sheriff who seeks to participate in the fund shall forward a copy of 18
the annual settlement prepared under KRS 134.192 to the fund. The sheriff 19
shall reimburse the fund if an audit of the annual settlement conducted 20
pursuant to KRS 134.192 reflects that the sheriff received all or a portion of 21
the supplement in violation of this section. A sheriff who fails to provide a 22
copy of the annual settlement to the fund or to reimburse the fund after 23
correction by audit, if required, shall not be qualified to participate in the fund 24
for a period of two (2) years. 25
(d) A qualified deputy sheriff shall receive the supplement from the sheriff if the 26
sheriff administers his or her own budget or from the county treasurer if the 27 UNOFFICIAL COPY 22 RS BR 163
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sheriff pools his or her fees. The failure of a sheriff to comply with the 1
provisions of this section shall not affect the qualification of his or her 2
deputies to participate in the fund. 3
(4) (a) Eligible units of government shall receive the salary supplement, excluding 4
funds applicable to the employer's retirement plan contribution, provided in 5
subsection (1) of this section for distribution to a police officer who is eligible 6
under subsection (2) of this section. 7
(b) A qualified police officer receiving a salary supplement during any period of 8
military activation, as provided in subsection (2) of this section, shall not be 9
entitled to receive the employer's retirement plan contribution, and the salary 10
supplement shall not be subjected to an employee's contribution to a 11
retirement plan. The salary supplement shall otherwise be taxable for all 12
purposes. 13
(5) A unit of government receiving disbursements under this section shall follow all 14
laws applicable to it that may govern due process disciplinary procedures for its 15
officers, but this subsection shall not be interpreted to: 16
(a) Authorize the department, the cabinet, or the council to investigate, judge, or 17
exercise any control or jurisdiction regarding the compliance of a unit of 18
government with laws that may govern due process disciplinary procedures 19
for its officers, except as otherwise provided by laws; 20
(b) Create a private right of action for any police officer regarding an agency's 21
participation in this section; 22
(c) Authorize a termination of an agency's participation as a result of a judgment 23
that the unit of government failed to follow its procedures in any independent 24
cause of action brought by the police officer against the unit of government; or 25
(d) Prevent the adoption, amendment, or repeal of any laws that may govern the 26
due process disciplinary procedures of a unit of government's police officers. 27 UNOFFICIAL COPY 22 RS BR 163
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Section 8. KRS 15.512 is amended to read as follows: 1
Each law enforcement agency or other employing agency whose officers are required to 2
meet the training requirements of KRS 15.440(1)(k)[(1)(j)] shall retain a record of each of 3
its officers having met the biennial training. These records shall be made available upon 4
request to the Kentucky Law Enforcement Council and to the Justice and Public Safety 5
Cabinet. 6
Section 9. KRS 15.520 is amended to read as follows: 7
(1) As used in this section: 8
(a) "Citizen" means any individual who is not: 9
1. A member or supervisor within the law enforcement agency that 10
employs an officer; or 11
2. An elected or appointed official within the unit of government under 12
which the law enforcement agency that employs the officer is organized; 13
(b) "Complaint" means any statement by a citizen, whether written or verbal, that 14
alleges any type of misconduct by an officer, including statements that are 15
submitted or received anonymously; 16
(c) "Disciplinary action" means termination, demotion, a decrease in pay or grade, 17
suspension without pay, and a written reprimand; 18
(d) "General employment policies" means the rules, regulations, policies, and 19
procedures commonly applicable to the general workforce or civilian 20
employees that are not unique to law enforcement activities or the exercise of 21
peace officer authority, regardless of whether those rules, regulations, policies, 22
and procedures exist or appear in a departmental manual or handbook that is 23
solely applicable to a law enforcement department or agency within the unit of 24
government employing the officer; 25
(e) "Interrogation" means a formal investigative interview and does not mean 26
conversations or meetings of supervisory personnel and subordinate officers 27 UNOFFICIAL COPY 22 RS BR 163
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that are not intended to result in disciplinary action, such as conversations or 1
meetings held for the purpose of providing corrective instruction counseling 2
or coaching; 3
(f) "Law enforcement procedures" means only those policies, rules, and customs 4
that: 5
1. Are specific to the conduct of officers in the exercise of law enforcement 6
powers and functions, including, without limitation: use of force, 7
conduct in the course of pursuits, conduct during stops or detentions of 8
citizens, conduct in the course of interacting with, assisting, or 9
questioning of citizens, and investigative conduct; 10
2. Are carried out in the course of peace officer functions; 11
3. Are not general employment policies; and 12
4. May exist in either written form or in the form of unwritten standards, 13
practices, or protocols generally accepted and applied in the law 14
enforcement profession; 15
(g) "Misconduct" means any act or omission by an officer that violates criminal 16
law, law enforcement procedures, or the general employment policies of the 17
employing agency; and 18
(h) "Officer" means a person employed as a full-time peace officer by a unit of 19
government that receives funds under KRS 15.410 to 15.510, except a state 20
officer listed in KRS 15.420(3)(a)2.b. to f. and n.[(2)(a)2.b. to f. and n.], who 21
has completed any officially established initial probationary period of 22
employment lasting no longer than twelve (12) months not including, unless 23
otherwise specified by the employing agency, any time the officer was 24
employed and completing the basic training required by KRS 15.404. 25
(2) In order to establish a minimum system of professional conduct for officers of local 26
units of government of this Commonwealth, the following standards are stated as 27 UNOFFICIAL COPY 22 RS BR 163
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the intention of the General Assembly to deal fairly and establish administrative due 1
process rights in certain disciplinary matters concerning those officers of an 2
employing unit of government that participates in the Kentucky Law Enforcement 3
Foundation Program fund administered pursuant to KRS 15.430 and, at the same 4
time, to provide a means for redress by the citizens of the Commonwealth for 5
wrongs allegedly done to them by officers covered by this section. 6
(3) Any complaint taken from a citizen alleging misconduct on the part of any officer 7
shall be taken as follows: 8
(a) If the complaint alleges criminal activity by an officer, the allegations may be 9
investigated without a signed, sworn complaint of the citizen; 10
(b) If the complaint alleges any other type of violation not constituting criminal 11
activity, including violations of law enforcement procedures or the general 12
employment policies of the employing agency, an affidavit, signed and sworn 13
to by the citizen, shall be obtained, except as provided by paragraph (c) of this 14
subsection; or 15
(c) If a complaint is required to be obtained and the citizen, upon request, refuses 16
to make allegations under oath in the form of an affidavit, signed and sworn 17
to, the employing agency may investigate the allegations, but shall bring 18
charges under subsection (6) of this section against the officer only if the 19
employing agency can independently substantiate the allegations absent the 20
sworn statement of the citizen. 21
(4) (a) When an officer is accused of an act or omission that would constitute a 22
violation of law enforcement procedures by any individual within the law 23
enforcement agency employing the officer, including supervisors and elected 24
or appointed officials of the officer's employing agency, the employing agency 25
shall conform the conduct of any investigation to the provisions of subsection 26
(5) of this section, shall formally charge the officer in accordance with 27 UNOFFICIAL COPY 22 RS BR 163
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subsection (6) of this section, and shall conduct a hearing in accordance with 1
subsection (7) of this section before any disciplinary action shall be taken 2
against the officer. 3
(b) The provisions of this subsection shall not prevent the employing agency from 4
suspending the officer, with or without pay, during an investigation and 5
pending the final disposition of any formal charges, except that an officer 6
suspended without pay shall be entitled to full back pay and benefits for the 7
regular hours he or she would have worked if no formal charges are brought or 8
the hearing authority finds the officer not guilty of the charges. 9
(c) An employing agency shall not be required to follow the provisions of this 10
section in addressing conduct by the officer that would constitute a violation 11
of the general employment policies of the employing agency. 12
(5) (a) Any complaint filed by a citizen under subsection (3) of this section or any 13
allegation of conduct that would constitute a violation of law enforcement 14
procedures under subsection (4) of this section shall be investigated by the 15
employing agency or another designated law enforcement agency in 16
accordance with the provisions of this subsection if the employing agency 17
determines that an investigation of the complaint or the alleged conduct is 18
warranted. 19
(b) No threats, promises, or coercions shall be used at any time against any officer 20
while he or she is a suspect in a criminal case or has been accused of a 21
violation of law enforcement procedures. Suspension from duty with or 22
without pay, or reassignment to other than an officer's regular duties during 23
the period shall not be deemed coercion. Prior to or within twenty-four (24) 24
hours after suspending the officer pending investigation or disposition of a 25
complaint, the officer shall be advised in writing of the reasons for the 26
suspension. 27 UNOFFICIAL COPY 22 RS BR 163
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(c) Unless otherwise agreed to in writing by the officer, no police officer shall be 1
subjected to interrogation for alleged conduct that violates law enforcement 2
procedures, until forty-eight (48) hours have expired from the time the request 3
for interrogation is made to the accused officer, in writing. The notice of 4
interrogation shall include a statement regarding any reason for the 5
interrogation and shall be served on the officer by certified mail, return receipt 6
requested, or by personal delivery. 7
(d) The interrogation shall be conducted while the officer is on duty. The officer 8
may be required to submit a written report of the alleged incident if the 9
request is made by the employing agency no later than the end of the subject 10
officer's next tour of duty after the tour of duty during which the employing 11
agency initially was made aware of the complaint. 12
(e) If an officer is under arrest, or likely to be arrested, or a suspect in any 13
criminal investigation, he or she shall be afforded the same constitutional due 14
process rights that are accorded to any civilian, including, but not limited to, 15
the right to remain silent and the right to counsel, and shall be notified of 16
those rights before any questioning commences. 17
(6) (a) If it is determined through investigation or other means that the facts alleged 18
in a citizen complaint or in an accusation of a violation of law enforcement 19
procedures warrant charging the officer, the charge shall be made in writing 20
with sufficient specificity so as to fully inform the officer of the nature and 21
circumstances of the alleged violation in order that he or she may be able to 22
properly defend himself or herself. 23
(b) The charge shall be signed by a representative of the employing agency, shall 24
set out the disciplinary action recommended or imposed, and shall be served 25
on the officer in writing by certified mail, return receipt requested, or by 26
personal delivery. 27 UNOFFICIAL COPY 22 RS BR 163
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(c) When an officer has been charged with a violation of law enforcement 1
procedures, no public statements shall be made concerning the alleged 2
violation by any person or persons of the employing agency or the officer so 3
charged, until final disposition of the charges. 4
(d) No officer as a condition of continued employment by the employing agency 5
shall be compelled to speak or testify or be questioned by any person or body 6
of a nongovernmental nature. 7
(7) Unless waived by the charged officer in writing, a hearing shall be conducted by the 8
officer's appointing authority to determine whether there is substantial evidence to 9
prove the charges and to determine what, if any, disciplinary action shall be taken if 10
substantial evidence does exist. In conducting a hearing, the following 11
administrative due process rights shall be recognized and these shall be the 12
minimum rights afforded any officer charged, except as otherwise agreed to in 13
writing by the officer and the employing agency: 14
(a) The accused officer shall be given at least twelve (12) days' written notice of 15
any hearing. The notice of hearing shall be served on the officer by certified 16
mail, return receipt requested, or by personal delivery; 17
(b) Copies of any sworn statements or affidavits to be considered by the hearing 18
authority and any exculpatory statements or affidavits shall be furnished to the 19
officer no less than twelve days (12) prior to the time of any hearing; 20
(c) At any hearing based upon the sworn complaint of a citizen, the citizen shall 21
be notified to appear at the time and place of the hearing by certified mail, 22
return receipt requested, or by personal delivery; 23
(d) If the return receipt has been returned unsigned, or the individual does not 24
appear, except due to circumstances beyond his or her control he or she cannot 25
appear at the time and place of the hearing, any charge resulting from a 26
complaint made by that citizen shall not be considered by the hearing 27 UNOFFICIAL COPY 22 RS BR 163
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authority and shall be dismissed with prejudice; 1
(e) The accused officer shall have the right and opportunity to obtain and have 2
counsel present, and to be represented by counsel; 3
(f) The appointing authority, legislative body, or other body as designated by the 4
Kentucky Revised Statutes shall subpoena and require the attendance of 5
witnesses and the production by them of books, papers, records, and other 6
documentary evidence at the request of the accused officer or the charging 7
party. If any person fails or refuses to appear under the subpoena, or to testify, 8
or to attend, or produce the books, papers, records, or other documentary 9
evidence lawfully required, the appointing authority, legislative body, or other 10
body as designated by the Kentucky Revised Statutes may report to the Circuit 11
Court or any judge thereof the failure or refusal, and apply for a rule. The 12
Circuit Court, or any judge thereof, may on the application compel obedience 13
by proceedings for contempt as in the case of disobedience of the 14
requirements of a subpoena issued from the court; 15
(g) The accused officer shall be allowed to present witnesses and any 16
documentary or other relevant evidence the officer wishes to provide to the 17
hearing authority, and may cross-examine all witnesses called by the charging 18
party; 19
(h) If any officer who has been suspended with or without pay is not given a 20
hearing as provided by this section within seventy-five (75) days of any charge 21
being filed pursuant to this section, the charge shall be dismissed with 22
prejudice and shall not be considered by any hearing authority and the officer 23
shall be reinstated with full back pay and benefits; 24
(i) Any officer who has been suspended without pay who is found not guilty of 25
the charges by the hearing authority shall be reinstated with the full back pay 26
and benefits for the regular hours he or she would have worked; 27 UNOFFICIAL COPY 22 RS BR 163
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(j) The failure to provide any of the rights or to follow the provisions of this 1
section may be raised by the officer with the hearing authority. The hearing 2
authority shall not exclude proffered evidence based on failure to follow the 3
requirements of this section but shall consider whether, because of the failure, 4
the proffered evidence lacks weight or credibility and whether the officer has 5
been materially prejudiced; and 6
(k) To the extent the provisions of KRS 61.805 to 61.850 are applicable, the 7
hearing authority may conduct the hearing required by this subsection in a 8
closed session, unless the officer requests of the hearing authority in writing at 9
least three (3) days prior to the hearing that the hearing be open to the public. 10
(8) (a) Any officer who is found guilty by any hearing authority of any charge, may 11
bring an action in the Circuit Court in the county in which the employing 12
agency is located within thirty (30) days of the date written findings are issued 13
to appeal the action of the hearing authority. The appeal shall be initiated by 14
the filing of a complaint in the same manner as any civil action under the 15
Rules of Civil Procedure and shall include a copy of the hearing authority's 16
final order. The Circuit Court review of the case shall be based solely upon the 17
administrative record created before the hearing authority and any new 18
evidence offered by the officer regarding alleged arbitrariness on the part of 19
the hearing authority. 20
(b) The judgment of the Circuit Court shall be subject to appeal to the Court of 21
Appeals. The procedure as to appeal to the Court of Appeals shall be the same 22
as in any civil action. 23
(9) The provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall not apply in any 24
proposed disciplinary action arising from a citizen complaint made under subsection 25
(3) of this section or arising from any allegation of conduct that would constitute a 26
violation of law enforcement procedures under subsection (4) of this section. This 27 UNOFFICIAL COPY 22 RS BR 163
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section shall not be interpreted or construed to alter or impair any of the substantive 1
rights provided to a city police officer under KRS 90.310 to 90.410, 95.450, and 2
95.765 for any proposed disciplinary action or other matters not arising under 3
subsections (3) and (4) of this section, including proposed actions involving alleged 4
violations of general employment policies. To the extent that the provisions of this 5
section are inapplicable to any proposed disciplinary action against a city police 6
officer, the provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall remain in 7
full force and effect. 8
(10) As the provisions of this section relate to a minimum system of professional 9
conduct, nothing in this section shall be interpreted or construed to: 10
(a) Limit or to in any way affect any rights previously afforded to officers of the 11
Commonwealth by statute, collective bargaining or working agreement, or 12
legally adopted ordinance; 13
(b) Preclude an employing agency from investigating and charging an officer both 14
criminally and administratively; 15
(c) Prevent the suspension with or without pay or reassignment of an officer 16
during an investigation and pending final disposition charges; 17
(d) Permit an employing agency to categorize and treat any complaint that 18
originates from a citizen as an internal matter in order to avoid application of 19
all of the provisions of this section to the final disposition of a citizen's 20
complaint; 21
(e) Apply any disciplinary action required by this section to actions taken by an 22
employing agency that is not related to misconduct by a law enforcement 23
officer, such as personnel decisions made by the employing agency due to a 24
lack of resources or personnel decisions related to a chief's management of a 25
police department; or 26
(f) Prevent an employing agency from electing to apply the provisions of this 27 UNOFFICIAL COPY 22 RS BR 163
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section, or parts thereof, in circumstances that would not be covered under this 1
section. 2
(11) This section shall not apply to officers employed by a consolidated local 3
government that receives funds under KRS 15.410 to 15.510, who shall instead be 4
governed by the provisions of KRS 67C.326. 5
Section 10. The following KRS sections are repealed: 6
49.320 Victim of hate crime deemed victim of criminally injurious conduct. 7
532.031 Hate crimes -- Finding -- Effect -- Definitions. 8
Section 11. The restrictions of KRS 6.945(1) shall not apply to Sections 1 to 9 9
of this Act. 10