UNOFFICIAL COPY 23 RS BR 841
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AN ACT relating to privacy. 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) As used in this section, unless the context otherwise requires: 5
(a) "Officer" means any local, state, or federal official who is employed or 6
contracted by a governmental agency in Kentucky and includes: 7
1. "Law enforcement officer" as defined in KRS 15.310; 8
2. "Peace officer" as defined in KRS 446.010; and 9
3. "Police officer" as defined in KRS 15.420; 10
(b) "Private open land" means land, including open fields, but excluding any 11
homes or buildings and the curtilage around them, that is owned, leased, 12
used, or lawfully occupied by a person or a nongovernmental entity; and 13
(c) "Search warrant" means a warrant that is supported by individualized 14
probable cause and issued by a court of competent jurisdiction; 15
(2) An officer shall not enter or access private open land for any surveillance or 16
installation of surveillance devices without a search warrant unless the officer: 17
(a) Has received the permission of the property owner, lessee, or lawful 18
occupant; 19
(b) Upon probable cause, is responding to an exigent circumstance, including a 20
life-threatening emergency or another immediate threat to public safety that 21
was either reported to or personally observed by the officer; or 22
(c) Upon probable cause, is dispatching crippled or distressed wildlife that the 23
officer has personally observed. 24
(3) (a) Upon entering private open land, the officer shall immediately notify the 25
landowner, lessee, or lawful occupant, if notice can reasonably be made, 26
unless the officer is in possession of a search warrant allowing surveillance 27 UNOFFICIAL COPY 23 RS BR 841
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or surveillance-related activities. 1
(b) If an officer is equipped with a body-worn camera or other audio-visual or 2
audio recording device while entering private open land, the body-worn 3
camera or other audio visual or audio recording device shall be activated 4
and recording the entire time the officer is on the private open land. 5
Section 2. If any provision of this Act or the application thereof to any person 6
or circumstances is held invalid, the invalidity shall not affect other provisions or 7
applications of the Act that can be given effect without the invalid provision or 8
application, and to this end the provisions of this Act are severable. 9