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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Motor vehicle" has the same meaning as "vehicle" in KRS 186.010(8)(a); 6
(b) "Protective order" has the same meaning as in KRS 508.130; and 7
(c) "Tracking device" means an electronic or mechanical device that is 8
designed or intended to allow a person to remotely determine or track the 9
position or movement of another person or an object, regardless of whether 10
that information is recorded. 11
(2) A person is guilty of unlawful use of a tracking device when he or she 12
intentionally: 13
(a) Installs or places a tracking device, or causes a tracking device to be 14
installed or placed, in or on a motor vehicle without the knowledge and 15
consent of the owner of the motor vehicle or, if the motor vehicle is leased, 16
the lessee or authorized operator of the motor vehicle; 17
(b) Tracks the location of a motor vehicle with a tracking device without the 18
knowledge and consent of either the owner or the authorized operator of the 19
motor vehicle or, if the motor vehicle is leased, either the lessee or 20
authorized operator of the motor vehicle; 21
(c) While being the restrained party under a protective order, uses a tracking 22
device to track the location of a motor vehicle operated or occupied by an 23
individual protected under the order; or 24
(d) While on probation or parole for a crime defined in KRS Chapter 508, uses 25
a tracking device to track the location of a motor vehicle operated or 26
occupied by a victim of the crime or by a family member of the victim of the 27 UNOFFICIAL COPY 23 RS SB 199/EN
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crime without the knowledge and consent of the victim or family member. 1
(3) Unlawful use of a tracking device is a Class A misdemeanor. 2
(4) Subsection (2) of this section does not apply to the installation or use of any: 3
(a) Device providing vehicle tracking for purposes of providing mechanical, 4
operational, directional, navigation, weather, or traffic information to the 5
operator of the vehicle; 6
(b) Device for providing emergency assistance to the operator or passengers of 7
the vehicle under the terms and conditions of a subscription service, 8
including any trial period of that subscription service; 9
(c) Device for providing missing vehicle assistance for the benefit of the owner 10
or operator of the vehicle; 11
(d) Device providing diagnostic services regarding the mechanical operation of 12
a vehicle under the terms and conditions of a subscription service, including 13
any trial period of the subscription service; 14
(e) Device or service providing the lessee of the vehicle with clear notice that 15
the vehicle may be tracked. For a lessor who installs a tracking device 16
subsequent to the original vehicle manufacture, the notice shall be provided 17
in writing with an acknowledgment signed by the lessee, regardless of 18
whether the tracking device is original equipment, a retrofit, or an 19
aftermarket product. The requirement for written acknowledgment placed 20
upon the lessor is not imposed upon the manufacturer of the tracking device 21
or the manufacturer of the vehicle; 22
(f) Tracking device by the parent or guardian of a minor on any vehicle owned 23
or leased by that parent or guardian of the minor, and operated by the 24
minor; or 25
(g) Tracking device by a police officer while lawfully performing his or her 26
duties as a police officer. 27 UNOFFICIAL COPY 23 RS SB 199/EN
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Section 2. KRS 189A.105 is amended to read as follows: 1
(1) A person's refusal to submit to tests under KRS 189A.103 shall result in suspension 2
of his or her driving privilege as provided in this chapter. 3
(2) (a) At the time a breath, blood, or urine test is requested, the person shall be 4
informed: 5
1. That, if the person refuses to submit to such tests: 6
a. The fact of this refusal may be used against him or her in court as 7
evidence of violating KRS 189A.010 and will result in suspension 8
of his or her driver's license by the court at the time of 9
arraignment; and 10
b. Is subsequently convicted of violating KRS 189A.010(1): 11
i. For a second or third time within a ten (10) year period, he or 12
she will be subject to a mandatory minimum jail sentence 13
which is twice as long as the mandatory minimum jail 14
sentence imposed if he or she submits to the tests; and 15
ii. His or her license will be suspended by the Transportation 16
Cabinet; 17
2. That, if a test is taken: 18
a. The results of the test may be used against the person in court as 19
evidence of violating KRS 189A.010(1); and 20
b. The person has the right to have a test or tests of his or her blood 21
performed by a person of his or her choosing described in KRS 22
189A.103 within a reasonable time of his or her arrest at the 23
expense of the person arrested; and 24
3. That although his or her license will be suspended, he or she may be 25
eligible immediately for an ignition interlock license allowing him or 26
her to drive during the period of suspension and, if he or she is 27 UNOFFICIAL COPY 23 RS SB 199/EN
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convicted, he or she will receive a credit toward any other ignition 1
interlock requirement arising from this arrest. 2
(b) Nothing in this subsection shall be construed to prohibit a judge of a court of 3
competent jurisdiction from issuing a search warrant or other court order 4
requiring a blood or urine test, or a combination thereof, of a defendant 5
charged with a violation of KRS 189A.010, or other statutory violation arising 6
from the incident. However, if the incident involves a motor vehicle accident 7
in which there was a fatality, the investigating peace officer shall seek such a 8
search warrant for blood testing unless the testing has already been done by 9
consent. If testing done pursuant to a warrant reveals the presence of alcohol 10
or any other substance that impaired the driving ability of a person who is 11
charged and convicted of a violation of KRS 189A.010(1), the sentencing 12
court shall require, in addition to any other sentencing provision, that the 13
defendant make restitution to the state for the cost of the testing. 14
(c) 1. When directed by a peace officer pursuant to a search warrant or 15
other court order issued under this subsection, a qualified medical 16
professional shall withdraw the sample of blood as soon as practicable 17
and shall deliver the sample to the requesting peace officer, or other 18
peace officer as directed by the requesting peace officer, provided that 19
the collection of the sample does not jeopardize the person's life, cause 20
serious injury to the person, or seriously impede the person's medical 21
assessment, care, or treatment. 22
2. The qualified medical professional authorized to withdraw the blood 23
sample and the medical care facility where the blood sample is drawn 24
shall be considered as acting in good faith once presented with a 25
search warrant or other court order issued under this subsection. The 26
qualified medical professional shall not require the person that is the 27 UNOFFICIAL COPY 23 RS SB 199/EN
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subject of the test or tests to provide any additional consent. 1
3. A qualified medical professional who administers any test under this 2
paragraph upon the request of a peace officer, and a medical care 3
facility where any test under this paragraph may be performed, shall 4
not be criminally liable solely for administering the requested test or 5
civilly liable for damages to the person tested solely for administering 6
the requested test except in cases of gross negligence or willful or 7
wanton misconduct. 8
(3) During the period immediately preceding the administration of any test, the person 9
shall be afforded an opportunity of at least ten (10) minutes but not more than 10
fifteen (15) minutes to attempt to contact and communicate with an attorney and 11
shall be informed of this right. Inability to communicate with an attorney during 12
this period shall not be deemed to relieve the person of his or her obligation to 13
submit to the tests and the penalties specified by KRS 189A.010 and 189A.107 14
shall remain applicable to the person upon refusal. Nothing in this section shall be 15
deemed to create a right to have an attorney present during the administration of the 16
tests, but the person's attorney may be present if the attorney can physically appear 17
at the location where the test is to be administered within the time period 18
established in this section. 19
(4) Immediately following the administration of the final test requested by the officer, 20
the person shall again be informed of his or her right to have a test or tests of his or 21
her blood performed by a person of his or her choosing described in KRS 189A.103 22
within a reasonable time of his or her arrest at the expense of the person arrested. 23
He or she shall then be asked "Do you want such a test?" The officer shall make 24
reasonable efforts to provide transportation to the tests. 25