Kentucky 2022 2022 Regular Session

Kentucky House Bill HB773 Chaptered / Bill

                    UNOFFICIAL COPY  	22 RS HB 773/VO 
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HB077390.100 - 994 - XXXX  	Vetoed and Overriden 
AN ACT relating to the Prosecutors Advisory Council. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 15.705 is amended to read as follows: 3 
(1) For the purpose of administration of the unified prosecutorial system, there is 4 
hereby created the Prosecutors Advisory Council, hereafter referred to as the 5 
council. 6 
(2) The council shall consist of thirteen (13)[nine (9)] members who shall be residents 7 
of Kentucky and shall include: 8 
(a) The Attorney General or his or her designee; 9 
(b) Five (5)[three (3)] Commonwealth's attorneys:[,] 10 
1. One (1) from the First Judicial Circuit to the Nineteenth Judicial 11 
Circuit;[counties containing a consolidated local government, a city 12 
with a population of twenty thousand (20,000) or more based on the 13 
most recent federal decennial census, or an urban-county government,] 14 
2. One (1) from the Twentieth Judicial Circuit to the Thirty-eighth 15 
Judicial Circuit;[counties containing a city with a population equal to or 16 
greater than eight thousand (8,000) but less than twenty thousand 17 
(20,000) based on the most recent federal decennial census, and] 18 
3. One (1) from the Thirty-ninth Judicial Circuit to the Fifty-seventh 19 
Judicial Circuit; and[the other counties,] 20 
4. Two (2) from any judicial circuit who shall serve at large; 21 
 Each of whom shall be elected by the membership of[appointed by the 22 
Governor from a list of three (3) names for each Commonwealth's attorney 23 
position submitted by] the Commonwealth's Attorneys Association;[ and] 24 
(c) Five (5)[three (3)] county attorneys:[,] 25 
1. One (1) from a county with a population equal to or greater than 26 
seventy-five thousand (75,000) based on the most recent federal 27  UNOFFICIAL COPY  	22 RS HB 773/VO 
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HB077390.100 - 994 - XXXX  	Vetoed and Overriden 
decennial census;[counties containing a consolidated local government, 1 
a city with a population equal to or greater than twenty thousand 2 
(20,000) based on the most recent federal decennial census, or an urban-3 
county government,] 4 
2. One (1) from a county with a population equal to or greater than 5 
twenty-five thousand (25,000) but less than seventy-five thousand 6 
(75,000)[counties containing a city with a population equal to or greater 7 
than eight thousand (8,000) but less than twenty thousand (20,000)] 8 
based on the most recent federal decennial census;[, and] 9 
3. One (1) from a county with a population of less than twenty-five 10 
thousand (25,000) based on the most recent federal decennial census; 11 
and[the other counties,] 12 
4. Two (2) from any other county who shall serve at large; 13 
 Each of whom shall be elected by the membership of[appointed by the 14 
Governor from a list of three (3) names for each county attorney position 15 
submitted by] the County Attorneys Association; and 16 
(d) Two (2) nonattorney citizen members: 17 
1. One (1) appointed by the Attorney General from a list of three (3) 18 
names submitted by the Commonwealth's Attorneys Association; and 19 
2. One (1) appointed by the Attorney General from a list of three (3) 20 
names submitted by the County Attorneys Association. 21 
 The Attorney General shall serve during his or her term of office and the other 22 
members shall serve for a term of two (2) years[at the pleasure of the Governor]. A 23 
Commonwealth's attorney or a county attorney shall not serve more than two (2) 24 
consecutive terms. 25 
(3) The Attorney General or his or her designee shall be the chair[chairman] of the 26 
council. Seven (7)[Five (5)] members shall constitute a quorum for the conduct of 27  UNOFFICIAL COPY  	22 RS HB 773/VO 
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HB077390.100 - 994 - XXXX  	Vetoed and Overriden 
business. The council shall promulgate annually a schedule of meetings. Special 1 
meetings may be called by the chair[chairman] or seven (7)[five (5)] members of 2 
the council. A minimum of ten (10) days' notice must be given prior to the call of a 3 
special meeting. The[Such a] notice may be waived by a majority of the council. 4 
(4) (a) The council shall be responsible for, but not limited to:[,] 5 
1. The preparation of the budget of the unified prosecutorial system of the 6 
Commonwealth of Kentucky;[ and] 7 
2. The continuing legal education and program development of the unified 8 
prosecutorial system of Kentucky; and  9 
3. Proposing and adopting a code of ethics for prosecutors within the 10 
unified prosecutorial system. 11 
(b) The council shall provide the proposed budget of the unified prosecutorial 12 
system of the Commonwealth of Kentucky to the Interim Joint Committee 13 
on Appropriations and Revenue each biennium. 14 
(5) Each nonattorney citizen member of the council shall receive twenty-five dollars 15 
($25) per day for attending each meeting. All council members shall be reimbursed 16 
for actual expenses incurred in the performance of their duties. 17 
Section 2. The newly composed council shall have all members elected or 18 
appointed to begin serving on January 1, 2023. 19