UNOFFICIAL COPY 22 RS BR 2126 Page 1 of 9 XXXX Jacketed AN ACT relating to deoxyribonucleic acid evidence. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 15.440 is amended to read as follows: 3 (1) Each unit of government that meets the following requirements shall be eligible to 4 share in the distribution of funds from the Law Enforcement Foundation Program 5 fund: 6 (a) Employs one (1) or more police officers; 7 (b) Pays every police officer at least the minimum federal wage; 8 (c) Requires all police officers to have, at a minimum, a high school degree, or its 9 equivalent as determined by the council, except that each police officer 10 employed prior to the date on which the officer's police department was 11 included as a participant under KRS 15.410 to 15.510 shall be deemed to have 12 met the requirements of this subsection; 13 (d) 1. Requires all police officers to successfully complete a basic training 14 course of nine hundred twenty-eight (928) hours' duration within one (1) 15 year of the date of employment at a school certified or recognized by the 16 council, which may provide a different number of hours of instruction as 17 established in this paragraph, except that each police officer employed 18 prior to the date on which the officer's police department was included 19 as a participant under KRS 15.410 to 15.510 shall be deemed to have 20 met the requirements of this subsection. 21 2. As the exclusive method by which the number of hours required for 22 basic training courses shall be modified from that which is specifically 23 established by this paragraph, the council may, by the promulgation of 24 administrative regulations in accordance with the provisions of KRS 25 Chapter 13A, explicitly set the exact number of hours for basic training 26 at a number different from nine hundred twenty-eight (928) hours based 27 UNOFFICIAL COPY 22 RS BR 2126 Page 2 of 9 XXXX Jacketed upon a training curriculum approved by the Kentucky Law Enforcement 1 Council as determined by a validated job task analysis. 2 3. If the council sets an exact number of hours different from nine hundred 3 twenty-eight (928) in an administrative regulation as provided by this 4 paragraph, it shall not further change the number of hours required for 5 basic training without promulgating administrative regulations in 6 accordance with the provisions of KRS Chapter 13A. 7 4. Nothing in this paragraph shall be interpreted to prevent the council, 8 pursuant to its authority under KRS 15.330, from approving training 9 schools with a curriculum requiring attendance of a number of hours that 10 exceeds nine hundred twenty-eight (928) hours or the number of hours 11 established in an administrative regulation as provided by subparagraphs 12 2. and 3. of this paragraph. However, the training programs and schools 13 for the basic training of law enforcement personnel conducted by the 14 department pursuant to KRS 15A.070 shall not contain a curriculum that 15 requires attendance of a number of hours for basic training that is 16 different from nine hundred twenty-eight (928) hours or the number of 17 hours established in an administrative regulation promulgated by the 18 council pursuant to the provisions of KRS Chapter 13A as provided by 19 subparagraphs 2. and 3. of this paragraph. 20 5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 21 to the contrary notwithstanding, the council may, through the 22 promulgation of administrative regulations in accordance with KRS 23 Chapter 13A, approve basic training credit for: 24 a. Years of service credit as a law enforcement officer with previous 25 service in another state; and 26 b. Basic training completed in another state. 27 UNOFFICIAL COPY 22 RS BR 2126 Page 3 of 9 XXXX Jacketed 6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 1 to the contrary notwithstanding, the council may, through the 2 promulgation of administrative regulations in accordance with KRS 3 Chapter 13A, approve basic training credit for: 4 a. Completion of eight hundred forty-eight (848) hours of training at 5 a school established pursuant to KRS 15A.070; 6 b. A minimum of fifteen (15) years of experience as a certified law 7 enforcement instructor at a school established pursuant to KRS 8 15A.070; 9 c. Completion of an average of forty (40) hours of Kentucky Law 10 Enforcement Council approved in-service training annually from 11 January 1, 1997, through January 1, 2020; 12 d. Three (3) years of active, full-time service as a: 13 i. City, county, urban-county, charter county, consolidated 14 local, or unified local government police officer; 15 ii. Sheriff's deputy, excluding special deputies appointed under 16 KRS 70.045; 17 iii. Department of Kentucky State Police officer; or 18 iv. Kentucky Department of Fish and Wildlife Resources 19 conservation officer exercising peace officer powers under 20 KRS 150.090; and 21 e. Completion of the: 22 i. Twenty-four (24) hour legal update Penal Code course; 23 ii. Sixteen (16) hour legal update constitutional procedure 24 course; and 25 iii. Forty (40) hour basic officer skills course within one (1) year 26 prior to applying for certification; 27 UNOFFICIAL COPY 22 RS BR 2126 Page 4 of 9 XXXX Jacketed (e) Requires all police officers to successfully complete each calendar year an in-1 service training course, appropriate to the officer's rank and responsibility and 2 the size and location of the officer's police department, of forty (40) hours' 3 duration, at a school certified or recognized by the council which may include 4 a four (4) hour course which meets the requirements of paragraph (j) of this 5 subsection. This in-service training requirement shall be waived for the period 6 of time that a peace officer is serving on active duty in the United States 7 Armed Forces. This waiver shall be retroactive for peace officers from the 8 date of September 11, 2001; 9 (f) Complies with all provisions of law applicable to police officers or police 10 departments, including transmission of data to the centralized criminal history 11 record information system as required by KRS 17.150 and transmission of 12 reports as required by KRS 15.391; 13 (g) Complies with all rules and regulations, appropriate to the size and location of 14 the police department issued by the cabinet to facilitate the administration of 15 the fund and further the purposes of KRS 15.410 to 15.510; 16 (h) Possesses a written policy and procedures manual related to domestic violence 17 for law enforcement agencies that has been approved by the cabinet. The 18 policy shall comply with the provisions of KRS 403.715 to 403.785. The 19 policy shall include a purpose statement; definitions; supervisory 20 responsibilities; procedures for twenty-four (24) hour access to protective 21 orders; procedures for enforcement of court orders or relief when protective 22 orders are violated; procedures for timely and contemporaneous reporting of 23 adult abuse and domestic violence to the Cabinet for Health and Family 24 Services, Department for Community Based Services; victim rights, 25 assistance, and service responsibilities; and duties related to timely completion 26 of records; 27 UNOFFICIAL COPY 22 RS BR 2126 Page 5 of 9 XXXX Jacketed (i) Possesses by January 1, 2023[2017], a written policy and procedures manual 1 related to sexual assault examinations that meets the standards provided by, 2 and has been approved by, the cabinet, and which includes: 3 1. A requirement that evidence collected as a result of an examination 4 performed under KRS 216B.400 be taken into custody within five (5) 5 days of notice from the collecting facility that the evidence is available 6 for retrieval; 7 2. A requirement that evidence received from a collecting facility relating 8 to an incident which occurred outside the jurisdiction of the police 9 department be transmitted to a police department with jurisdiction 10 within ten (10) days of its receipt by the police department; 11 3. A requirement that all evidence retrieved from a collecting facility under 12 this paragraph be transmitted to the Department of Kentucky State 13 Police forensic laboratory within thirty (30) days of its receipt by the 14 police department; 15 4. A requirement that a suspect standard, if available, be transmitted to the 16 Department of Kentucky State Police forensic laboratory with the 17 evidence received from a collecting facility; [and] 18 5. A process for notifying the victim from whom the evidence was 19 collected of the progress of the testing, whether the testing resulted in a 20 match to other DNA samples, and if the evidence is to be destroyed. The 21 policy may include provisions for delaying notice until a suspect is 22 apprehended or the office of the Commonwealth's attorney consents to 23 the notification, but shall not automatically require the disclosure of the 24 identity of any person to whom the evidence matched; and 25 6. A requirement that that DNA samples collected as a result of an 26 examination performed under KRS 216B.400 that are voluntarily 27 UNOFFICIAL COPY 22 RS BR 2126 Page 6 of 9 XXXX Jacketed submitted solely for elimination purposes shall not be checked against 1 any DNA index, retained, or included in any DNA index; and 2 (j) Requires all police officers to successfully complete by December 31, 2022, 3 and every two (2) years thereafter, a training course certified by the council of 4 not less than four (4) hours in emergency vehicle operation. 5 (2) A unit of government which meets the criteria of this section shall be eligible to 6 continue sharing in the distribution of funds from the Law Enforcement Foundation 7 Program fund only if the police department of the unit of government remains in 8 compliance with the requirements of this section. 9 (3) Deputies employed by a sheriff's office shall be eligible to participate in the 10 distribution of funds from the Law Enforcement Foundation Program fund 11 regardless of participation by the sheriff. 12 (4) Failure to meet a deadline established in a policy adopted pursuant to subsection 13 (1)(i) of this section for the retrieval or submission of evidence shall not be a basis 14 for a dismissal of a criminal action or a bar to the admissibility of the evidence in a 15 criminal action. 16 Section 2. KRS 17.175 is amended to read as follows: 17 (1) A centralized database of DNA (deoxyribonucleic acid) identification records for 18 convicted or adjudicated offenders, crime scene specimens, unidentified human 19 remains, missing persons, and close biological relatives of missing persons shall be 20 established in the Department of Kentucky State Police under the direction, control, 21 and supervision of the Department of Kentucky State Police forensic laboratory. 22 The established system shall be compatible with the procedures set forth in a 23 national DNA identification index to ensure data exchange on a national level. 24 (2) The purpose of the centralized DNA database is to assist federal, state, and local 25 criminal justice and law enforcement agencies within and outside the 26 Commonwealth in the identification, detection, or exclusion of individuals who are 27 UNOFFICIAL COPY 22 RS BR 2126 Page 7 of 9 XXXX Jacketed subjects of the investigation or prosecution of sex-related crimes, violent crimes, or 1 other crimes and the identification and location of missing and unidentified persons. 2 (3) (a) The Department of Kentucky State Police forensic laboratory shall receive, 3 analyze, and classify DNA samples received from the Department of 4 Corrections, the Department of Juvenile Justice, and other sources, and shall 5 file the DNA results in the centralized databases for law enforcement 6 identification and statistical purposes. The department shall analyze and 7 classify all sexual assault evidence collection kits it receives. In cases where a 8 suspect has been identified, the department may give priority to analysis and 9 classification of sexual assault evidence collection kits where the reference 10 standard for comparison is provided with the kit. Except as provided in 11 paragraph (e) of this subsection, by July 1, 2018, the average completion rate 12 for this analysis and classification shall not exceed ninety (90) days, and by 13 July 1, 2020, the average completion rate for this analysis and classification 14 shall not exceed sixty (60) days. 15 (b) Failure to meet the completion time goals established in paragraph (a) of this 16 subsection shall not be a basis for a dismissal of a criminal action or a bar to 17 the admissibility of evidence. 18 (c) The Department of Kentucky State Police shall, by August 1 of each year, 19 report to the Legislative Research Commission the yearly average completion 20 rate for the immediately preceding five (5) fiscal years. 21 (d) With approval by the secretary of the Justice and Public Safety Cabinet in 22 situations in which an equipment casualty necessitates the expedited 23 acquisition or repair of laboratory equipment required for the analysis of 24 evidence, the acquisition or repair shall be exempt from the Finance and 25 Administration Cabinet's competitive bidding process for both acquisition and 26 repair purposes. Each time the authority granted by this paragraph is used, the 27 UNOFFICIAL COPY 22 RS BR 2126 Page 8 of 9 XXXX Jacketed equipment acquisition or repair shall be fully documented within thirty (30) 1 days by the agency head in a written or electronic letter to the secretary of the 2 Finance and Administration Cabinet, attached to an ordering or payment 3 document in the state's procurement system, which shall include: 4 1. An explanation of the equipment acquired or repaired; 5 2. The name of the vendor selected; 6 3. The amount of procurement; 7 4. Other price quotations obtained; and 8 5. The basis for selection of the vendor. 9 (e) To the extent appropriated funds are insufficient to meet the average 10 completion time goals established in paragraph (a) of this subsection, the 11 Department of Kentucky State Police forensic laboratory shall no longer be 12 required to meet the average completion time goals. 13 (4) DNA identification records produced from the samples are not public records but 14 shall be confidential and used only for law enforcement purposes. DNA 15 identification records shall be exempt from the provisions of KRS 61.870 to 61.884. 16 (5) DNA identification records produced from evidence collected as a result of an 17 examination performed under KRS 216B.400 that are voluntarily submitted 18 solely for elimination purposes shall not be checked against or included in the 19 centralized database created pursuant to this section or any other database. 20 (6) A person whose DNA profile has been included in the data bank pursuant to this 21 chapter may request expungement on the grounds that the conviction or 22 adjudication on which the authority for including the DNA profile was based has 23 been reversed and the case dismissed, or that the person successfully completed the 24 pretrial diversion program under KRS 533.258 and the charges were dismissed-25 diverted. The Department of Kentucky State Police shall expunge all identifiable 26 information in the data bank pertaining to the person and destroy all samples from 27 UNOFFICIAL COPY 22 RS BR 2126 Page 9 of 9 XXXX Jacketed the person upon receipt of: 1 (a) A written request for expungement pursuant to this section; and 2 (b) Either: 3 1. A certified copy of the court order reversing and dismissing the 4 conviction or adjudication; or 5 2. A certified copy of the court order deeming the charges dismissed-6 diverted. 7 (7)[(6)] The cabinet shall promulgate administrative regulations necessary to carry out 8 the provisions of the DNA database identification system to include procedures for 9 collection of DNA samples and the database system usage and integrity. 10 (8)[(7)] The Department of Kentucky State Police shall destroy all DNA samples that 11 are not entered into the DNA database identification system. 12 (9)[(8)] Any person who disseminates, receives, or otherwise uses or attempts to use 13 information in the DNA database identification system, knowing that such 14 dissemination, receipt, or use is for a purpose other than authorized by this section, 15 shall be guilty of a Class D felony. 16