CHAPTER 209
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1
CHAPTER 209
( HB 773 )
AN ACT relating to the Prosecutors Advisory Council.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 15.705 is amended to read as follows:
(1) For the purpose of administration of the unified prosecutorial system, there is hereby created the Prosecutors
Advisory Council, hereafter referred to as the council.
(2) The council shall consist of thirteen (13)[nine (9)] members who shall be residents of Kentucky and shall
include:
(a) The Attorney General or his or her designee;
(b) Five (5)[three (3)] Commonwealth's attorneys:[,]
1. One (1) from the First Judicial Circuit to the Nineteenth Judicial Circuit;[counties containing
a consolidated local government, a city with a population of twenty thousand (20,000) or more
based on the most recent federal decennial census, or an urban-county government,]
2. One (1) from the Twentieth Judicial Circuit to the Thirty-eighth Judicial Circuit;[counties
containing a city with a population equal to or greater than eight thousand (8,000) but less than
twenty thousand (20,000) based on the most recent federal decennial census, and]
3. One (1) from the Thirty-ninth Judicial Circuit to the Fifty-seventh Judicial Circuit; and[the
other counties,]
4. Two (2) from any judicial circuit who shall serve at large;
Each of whom shall be elected by the membership of[appointed by the Governor from a list of three (3)
names for each Commonwealth's attorney position submitted by] the Commonwealth's Attorneys
Association;[ and]
(c) Five (5)[three (3)] county attorneys:[,]
1. One (1) from a county with a population equal to or greater than seventy-five thousand
(75,000) based on the most recent federal decennial census;[counties containing a consolidated
local government, a city with a population equal to or greater than twenty thousand (20,000)
based on the most recent federal decennial census, or an urban-county government,]
2. One (1) from a county with a population equal to or greater than twenty-five thousand
(25,000) but less than seventy-five thousand (75,000)[counties containing a city with a
population equal to or greater than eight thousand (8,000) but less than twenty thousand
(20,000)] based on the most recent federal decennial census;[, and]
3. One (1) from a county with a population of less than twenty-five thousand (25,000) based on
the most recent federal decennial census; and[the other counties,]
4. Two (2) from any other county who shall serve at large;
Each of whom shall be elected by the membership of[appointed by the Governor from a list of three (3)
names for each county attorney position submitted by] the County Attorneys Association; and
(d) Two (2) nonattorney citizen members:
1. One (1) appointed by the Attorney General from a list of three (3) names submitted by the
Commonwealth's Attorneys Association; and
2. One (1) appointed by the Attorney General from a list of three (3) names submitted by the
County Attorneys Association.
The Attorney General shall serve during his or her term of office and the other members shall serve for a term
of two (2) years[at the pleasure of the Governor]. A Commonwealth's attorney or a county attorney shall not
serve more than two (2) consecutive terms. ACTS OF THE GENERAL ASSEMBLY 2
(3) The Attorney General or his or her designee shall be the chair[chairman] of the council. Seven (7)[Five (5)]
members shall constitute a quorum for the conduct of business. The council shall promulgate annually a
schedule of meetings. Special meetings may be called by the chair[chairman] or seven (7)[five (5)] members
of the council. A minimum of ten (10) days' notice must be given prior to the call of a special meeting.
The[Such a] notice may be waived by a majority of the council.
(4) (a) The council shall be responsible for, but not limited to:[,]
1. The preparation of the budget of the unified prosecutorial system of the Commonwealth of
Kentucky;[ and]
2. The continuing legal education and program development of the unified prosecutorial system of
Kentucky; and
3. Proposing and adopting a code of ethics for prosecutors within the unified prosecutorial
system.
(b) The council shall provide the proposed budget of the unified prosecutorial system of the
Commonwealth of Kentucky to the Interim Joint Committee on Appropriations and Revenue each
biennium.
(5) Each nonattorney citizen member of the council shall receive twenty-five dollars ($25) per day for attending
each meeting. All council members shall be reimbursed for actual expenses incurred in the performance of
their duties.
Section 2. The newly composed council shall have all members elected or appointed to begin serving on
January 1, 2023.
Veto Overridden and Signed by Secretary of State April 14, 2022.