Kentucky 2023 2023 Regular Session

Kentucky House Bill HB536 Introduced / Bill

                    UNOFFICIAL COPY  	23 RS BR 1723 
Page 1 of 5 
XXXX   2/22/2023 8:24 AM  	Jacketed 
AN ACT relating to domestic violence. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 209A.122 is amended to read as follows: 3 
(1) As used in this section: 4 
(a) "Center" means the Criminal Justice Statistical Analysis Center created in 5 
KRS 15.280;  6 
(b) "Corollary victim" means an individual other than the victim who is directly 7 
impacted by domestic violence and abuse or dating violence and abuse, either 8 
through relationship or proximity; 9 
(c) "Domestic violence fatalities" means deaths that occur as a result of domestic 10 
violence and abuse or dating violence and abuse, and includes but is not 11 
limited to homicides, related suicides, and corollary victims; and 12 
(d) "Near fatality" means a crime where serious physical injury as defined in KRS 13 
500.080 occurs. 14 
(2) The center shall: 15 
(a) Collect information on domestic violence fatalities, domestic violence and 16 
abuse, and dating violence and abuse within the Commonwealth from 17 
subsections (3) to (5)[(8)] of this section; and 18 
(b) Produce an annual report by July 1 of each year and submit the report to the: 19 
1. Kentucky Coalition Against Domestic Violence; 20 
2. Governor; 21 
3. Cabinet for Health and Family Services; 22 
4. Interim Joint Committee on Judiciary; 23 
5. Interim Joint Committee on Health, Welfare, and Family Services; and  24 
6. Legislative Research Commission. 25 
 The Kentucky Coalition Against Domestic Violence may provide the agencies 26 
listed in paragraph (b)1. to 6. of this subsection with best practices and any other 27  UNOFFICIAL COPY  	23 RS BR 1723 
Page 2 of 5 
XXXX   2/22/2023 8:24 AM  	Jacketed 
recommendations for public policy by November 1 of each year. 1 
(3) (a) The Department of Kentucky State Police shall provide the center with: 2 
1. The number of domestic violence and abuse and dating violence and 3 
abuse calls for service to which the Kentucky State Police and 4 
associated law enforcement agencies responded; 5 
2. The number of arrests by Kentucky State Police and associated agencies 6 
in response to calls of domestic violence and abuse or dating violence 7 
and abuse; and 8 
3. If an arrest was made, the arresting offense charged by Kentucky State 9 
Police or associated law enforcement agencies. 10 
(b) The Department of Kentucky State Police shall separately provide the center 11 
with information reported to the Law Information Network of Kentucky 12 
(LINK).  The Department of Kentucky State Police shall provide the center 13 
with the: 14 
1. Number of orders of protection received to be served by law 15 
enforcement agencies; 16 
2. Number of orders of protection served by law enforcement agencies; 17 
3. Number of orders of protection in LINK; and 18 
4. Average time for actual service to be returned. 19 
[report: 20 
1. The number of domestic violence and abuse and dating violence and 21 
abuse calls for service to which all other law enforcement agencies 22 
responded, if known; 23 
2. The number of arrests by all other local law enforcement agencies in 24 
response to calls of domestic violence and abuse and dating violence 25 
and abuse; and 26 
3. If an arrest was made, the arresting offense listed by all other local law 27  UNOFFICIAL COPY  	23 RS BR 1723 
Page 3 of 5 
XXXX   2/22/2023 8:24 AM  	Jacketed 
enforcement agencies not reported under paragraph (a) of this 1 
subsection.]  2 
(4) The Administrative Office of the Courts shall provide the center with: 3 
(a) The number and type of petitions for orders of protection filed and denied 4 
under KRS 403.725; 5 
(b) The number and type of petitions for interpersonal violence orders filed and 6 
denied under KRS 456.030; 7 
(c) The number of emergency protective orders granted under KRS 403.730 and 8 
temporary interpersonal protective orders granted under KRS 456.040; 9 
(d) The number of domestic violence orders granted under KRS 403.740 and 10 
interpersonal protective orders granted under 456.060, excluding amended or 11 
corrected orders; 12 
(e) The relationship between the petitioner and the respondent, if known; 13 
(f) Demographics of the parties, including age, race, and gender; 14 
(g) Information on whether the victim was or is pregnant, if indicated on the 15 
petition; and 16 
(h) The number of criminal charges for a violation of an order of protection. 17 
[(5) The Law Information Network of Kentucky (LINK) shall provide the center with 18 
the: 19 
(a) Number of orders of protection received to be served by law enforcement 20 
agencies; 21 
(b) Number of orders of protection served by law enforcement agencies;  22 
(c) Number of orders of protection in LINK; and 23 
(d) Average time for actual service to be returned.] 24 
(5)[(6)] The Cabinet for Health and Family Services shall provide the center with: 25 
(a) The number of reports of alleged child abuse made to the cabinet through an 26 
adult or child abuse hotline in which there were also allegations of domestic 27  UNOFFICIAL COPY  	23 RS BR 1723 
Page 4 of 5 
XXXX   2/22/2023 8:24 AM  	Jacketed 
violence; and 1 
(b) Domestic violence and abuse and dating violence and abuse shelter statistics 2 
reported to the cabinet, including but not limited to the: 3 
1. Number of beds; 4 
2. Number of minors served in shelter; 5 
3. Number of minors served in non-shelter services; 6 
4. Number of adults served in shelter; 7 
5. Number of adults served in non-shelter services; 8 
6. Demographics, including age and race; 9 
7. Number of crisis or hotline calls; 10 
8. Number of minors receiving:  11 
a. Crisis intervention; 12 
b. Victim advocacy services; and 13 
c. Individual or group counseling or support group; 14 
9. Number of adult victims receiving: 15 
a. Crisis intervention; 16 
b. Victim advocacy services; 17 
c. Individual or group counseling or support group; 18 
d. Criminal or civil legal advocacy; 19 
e. Medical accompaniment; and 20 
f. Transportation services; and 21 
10. Type of services provided. 22 
[(7) The Division of Kentucky State Medical Examiner's Office shall provide the center 23 
with the number of deaths in which domestic violence and abuse or dating violence 24 
and abuse was a contributing factor. 25 
(8) Coroners shall provide the center with the number of deaths as a result of, or 26 
suspected to be a result of, domestic violence and abuse or dating violence and 27  UNOFFICIAL COPY  	23 RS BR 1723 
Page 5 of 5 
XXXX   2/22/2023 8:24 AM  	Jacketed 
abuse.] 1 
Section 2.   KRS 15A.190 is amended to read as follows: 2 
[(1)] The Justice and Public Safety Cabinet, in consultation with the Cabinet for Health 3 
and Family Services, the Kentucky Commission on Women, and any other agency 4 
concerned with particular acts of criminal activity, shall: 5 
(1)[(a)] Design[, print,] and distribute to all law enforcement agencies in the 6 
Commonwealth, an electronic[a] uniform reporting form, to be known as the JC-3, 7 
which provides statistical information relating to the crimes involving domestic 8 
violence, child abuse, victimization of the elderly, including but not limited to elder 9 
abuse, neglect, and exploitation and other crimes against the elderly, or any other 10 
particular area of criminal activity deemed by the secretary of justice and public 11 
safety to require research as to its frequency; and 12 
(2)[(b)] Promulgate administrative regulations, in accordance with KRS Chapter 13 
13A, to provide that the information required in Section 1 of this Act[KRS 14 
209A.122] be provided to the Criminal Justice Statistical Analysis 15 
Center[included in the uniform reporting form]. 16 
[(2) The provision of subsection (1) of this section concerning the distribution of forms 17 
shall become effective on January 1, 2006.] 18