UNOFFICIAL COPY 23 RS HB 380/GA
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AN ACT relating to the certification of peace officers. 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) Any person who is at least twenty (20) years of age shall be eligible to be 5
employed by a law enforcement agency for the purpose of attending a basic 6
training course as defined in KRS 15.310 if he or she will be twenty-one (21) 7
years of age at the time of becoming certified under KRS 15.380 to 15.404. 8
(2) The Kentucky Law Enforcement Council shall allow a person employed under 9
subsection (1) of this section to attend a basic training course as defined in KRS 10
15.310 if the person will be twenty-one (21) years of age by the conclusion of the 11
basic training course. 12
SECTION 2. A NEW SECTION OF KRS CHAPTER 67C IS CREATED TO 13
READ AS FOLLOWS: 14
(1) Any person who is at least twenty (20) years of age shall be eligible to be 15
employed by a consolidated local government police force for the purpose of 16
attending a basic training course as defined in KRS 15.310 if he or she will be 17
twenty-one (21) years of age at the time of becoming certified under KRS 15.380 18
to 15.404. 19
(2) The Kentucky Law Enforcement Council shall allow a person employed under 20
subsection (1) of this section to attend a basic training course as defined in KRS 21
15.310 if the person will be twenty-one (21) years of age by the conclusion of the 22
basic training course. 23
SECTION 3. A NEW SECTION OF KRS CHAPTER 95 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) Any person who is at least twenty (20) years of age shall be eligible to be 26
employed by an urban-county government police force for the purpose of 27 UNOFFICIAL COPY 23 RS HB 380/GA
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attending a basic training course as defined in KRS 15.310 if he or she will be 1
twenty-one (21) years of age at the time of becoming certified under KRS 15.380 2
to 15.404. 3
(2) The Kentucky Law Enforcement Council shall allow a person employed under 4
subsection (1) of this section to attend a basic training course as defined in KRS 5
15.310 if the person will be twenty-one (21) years of age by the conclusion of the 6
basic training course. 7
Section 4. KRS 15.386 is amended to read as follows: 8
The following certification categories shall exist: 9
(1) "Precertification status" means that the officer is currently employed or appointed 10
by an agency and: 11
(a) Meets or exceeds all those minimum qualifications set forth in KRS 15.382, 12
but has not successfully completed a basic training course, except those peace 13
officers covered by KRS 15.400. Upon the council's verification that the 14
minimum qualifications have been met and approval from the employing 15
agency, the officer shall have full peace officer powers as authorized under 16
the statute under which he or she was appointed or employed. If an officer 17
fails to successfully complete a basic training course within one (1) year of 18
employment, his or her enforcement powers shall automatically terminate, 19
unless that officer is actively enrolled and participating in a basic training 20
course or, after having begun a basic training course, is on an approved 21
extension of time due to injury or extenuating circumstances; or 22
(b) Does not meet the minimum qualifications set forth in KRS 15.382 because 23
the officer is not twenty-one (21) years of age. Upon the council's 24
verification that the minimum qualifications have been met, successful 25
completion of a basic training course, and approval from the employing 26
agency, the officer shall have full peace officer powers as authorized by the 27 UNOFFICIAL COPY 23 RS HB 380/GA
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statute under which he or she was appointed or employed; 1
(2) "Certification status" means that unless the certification is in revoked status or 2
inactive status, the officer is currently employed or appointed by an agency and has 3
met all training requirements. The officer shall have full peace officer powers as 4
authorized under the statute under which he or she was appointed or employed; 5
(3) (a) "Inactive status" means that unless the certification is in revoked status: 6
1. The person has been separated on or after December 1, 1998, from the 7
agency by which he or she was employed or appointed and has no peace 8
officer powers; or 9
2. The person is on military active duty for a period exceeding three 10
hundred sixty-five (365) days. 11
(b) The person may remain on inactive status. A person who is on inactive status 12
and who returns to a peace officer position shall have certification status 13
restored if he or she meets the requirements of KRS 15.400(1) or (2) or has 14
successfully completed a basic training course approved and recognized by 15
the council, has not committed an act for which his or her certified status may 16
be revoked pursuant to KRS 15.391 and successfully completes in-service 17
training as prescribed by the council, as follows: 18
1. If the person has been on inactive status for a period of less than three 19
(3) years, and the person was not in training deficiency status at the time 20
of separation, he or she shall complete: 21
a. The twenty-four (24) hour legal update Penal Code course; 22
b. The sixteen (16) hour legal update constitutional procedure course; 23
and 24
c. The mandatory training course approved by the Kentucky Law 25
Enforcement Council, pursuant to KRS 15.334, for the year in 26
which he or she returns to certification status; or 27 UNOFFICIAL COPY 23 RS HB 380/GA
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2. If the person has been on inactive status for a period of three (3) years or 1
more, or the person was in training deficiency status at the time of 2
separation, he or she shall complete: 3
a. The twenty-four (24) hour legal update Penal Code course; 4
b. The sixteen (16) hour legal update constitutional procedure course; 5
c. The mandatory training course approved by the Kentucky Law 6
Enforcement Council, pursuant to KRS 15.334, for the year in 7
which he or she returns to certification status; and 8
d. One (1) of the following forty (40) hour courses which is most 9
appropriate for the officer's duty assignment: 10
i. Basic officer skills; 11
ii. Orientation for new police chiefs; or 12
iii. Mandatory duties of the sheriff. 13
(c) A person returning from inactive to active certification after June 26, 2007, 14
under KRS 15.380 to 15.404, shall meet the following minimum 15
qualifications: 16
1. Be a citizen of the United States; 17
2. Possess a valid license to operate a motor vehicle; 18
3. Be fingerprinted for a criminal background check; 19
4. Not have been convicted of any felony; a misdemeanor under KRS 20
510.120, 510.130, or 510.140; a second or subsequent offense under 21
KRS 510.148; or a criminal attempt, conspiracy, facilitation, or 22
solicitation to commit any degree of rape, sodomy, sexual abuse, or 23
sexual misconduct; 24
5. Not be prohibited by federal or state law from possessing a firearm; 25
6. Have received and read the Kentucky Law Enforcement Officers Code 26
of Ethics as established by the council; 27 UNOFFICIAL COPY 23 RS HB 380/GA
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7. Have not received a dishonorable discharge, bad conduct discharge, or 1
general discharge under other than honorable conditions, if having 2
served in any branch of the Armed Forces of the United States; 3
8. Have been interviewed by the employing agency; and 4
9. Not have had certification as a peace officer permanently revoked in 5
another state; 6
(4) "Training deficiency status" means that unless the certification is in revoked status 7
or inactive status, the officer is currently employed or appointed by an agency and 8
has failed to meet all in-service training requirements. The officer's enforcement 9
powers shall automatically terminate, and he or she shall not exercise peace officer 10
powers in the Commonwealth until he or she has corrected the in-service training 11
deficiency; 12
(5) "Revoked status" means that the officer has no enforcement powers and his or her 13
certification has been revoked by the Kentucky Law Enforcement Council under 14
KRS 15.391; and 15
(6) "Denied status" means that a person does not meet the requirements to achieve 16
precertification status or certification status. 17
The design of a certificate may be changed periodically. When a new certificate is 18
produced, it shall be distributed free of charge to each currently certified peace officer. 19