CHAPTER 163
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CHAPTER 163
( SB 199 )
AN ACT relating to crimes and punishments.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section:
(a) "Motor vehicle" has the same meaning as "vehicle" in KRS 186.010(8)(a);
(b) "Protective order" has the same meaning as in KRS 508.130; and
(c) "Tracking device" means an electronic or mechanical device that is designed or intended to allow a
person to remotely determine or track the position or movement of another person or an object,
regardless of whether that information is recorded.
(2) A person is guilty of unlawful use of a tracking device when he or she intentionally:
(a) Installs or places a tracking device, or causes a tracking device to be installed or placed, in or on a
motor vehicle without the knowledge and consent of the owner of the motor vehicle or, if the motor
vehicle is leased, the lessee or authorized operator of the motor vehicle;
(b) Tracks the location of a motor vehicle with a tracking device without the knowledge and consent of
either the owner or the authorized operator of the motor vehicle or, if the motor vehicle is leased,
either the lessee or authorized operator of the motor vehicle;
(c) While being the restrained party under a protective order, uses a tracking device to track the location
of a motor vehicle operated or occupied by an individual protected under the order; or
(d) While on probation or parole for a crime defined in KRS Chapter 508, uses a tracking device to track
the location of a motor vehicle operated or occupied by a victim of the crime or by a family member
of the victim of the crime without the knowledge and consent of the victim or family member.
(3) Unlawful use of a tracking device is a Class A misdemeanor.
(4) Subsection (2) of this section does not apply to the installation or use of any:
(a) Device providing vehicle tracking for purposes of providing mechanical, operational, directional,
navigation, weather, or traffic information to the operator of the vehicle;
(b) Device for providing emergency assistance to the operator or passengers of the vehicle under the
terms and conditions of a subscription service, including any trial period of that subscription service;
(c) Device for providing missing vehicle assistance for the benefit of the owner or operator of the
vehicle;
(d) Device providing diagnostic services regarding the mechanical operation of a vehicle under the terms
and conditions of a subscription service, including any trial period of the subscription service;
(e) Device or service providing the lessee of the vehicle with clear notice that the vehicle may be tracked.
For a lessor who installs a tracking device subsequent to the original vehicle manufacture, the notice
shall be provided in writing with an acknowledgment signed by the lessee, regardless of whether the
tracking device is original equipment, a retrofit, or an aftermarket product. The requirement for
written acknowledgment placed upon the lessor is not imposed upon the manufacturer of the
tracking device or the manufacturer of the vehicle;
(f) Tracking device by the parent or guardian of a minor on any vehicle owned or leased by that parent
or guardian of the minor, and operated by the minor; or
(g) Tracking device by a police officer while lawfully performing his or her duties as a police officer.
Section 2. KRS 189A.105 is amended to read as follows: ACTS OF THE GENERAL ASSEMBLY 2
(1) A person's refusal to submit to tests under KRS 189A.103 shall result in suspension of his or her driving
privilege as provided in this chapter.
(2) (a) At the time a breath, blood, or urine test is requested, the person shall be informed:
1. That, if the person refuses to submit to such tests:
a. The fact of this refusal may be used against him or her in court as evidence of violating
KRS 189A.010 and will result in suspension of his or her driver's license by the court at
the time of arraignment; and
b. Is subsequently convicted of violating KRS 189A.010(1):
i. For a second or third time within a ten (10) year period, he or she will be subject to
a mandatory minimum jail sentence which is twice as long as the mandatory
minimum jail sentence imposed if he or she submits to the tests; and
ii. His or her license will be suspended by the Transportation Cabinet;
2. That, if a test is taken:
a. The results of the test may be used against the person in court as evidence of violating
KRS 189A.010(1); and
b. The person has the right to have a test or tests of his or her blood performed by a person of
his or her choosing described in KRS 189A.103 within a reasonable time of his or her
arrest at the expense of the person arrested; and
3. That although his or her license will be suspended, he or she may be eligible immediately for an
ignition interlock license allowing him or her to drive during the period of suspension and, if he
or she is convicted, he or she will receive a credit toward any other ignition interlock requirement
arising from this arrest.
(b) Nothing in this subsection shall be construed to prohibit a judge of a court of competent jurisdiction
from issuing a search warrant or other court order requiring a blood or urine test, or a combination
thereof, of a defendant charged with a violation of KRS 189A.010, or other statutory violation arising
from the incident. However, if the incident involves a motor vehicle accident in which there was a
fatality, the investigating peace officer shall seek such a search warrant for blood testing unless the
testing has already been done by consent. If testing done pursuant to a warrant reveals the presence of
alcohol or any other substance that impaired the driving ability of a person who is charged and
convicted of a violation of KRS 189A.010(1), the sentencing court shall require, in addition to any other
sentencing provision, that the defendant make restitution to the state for the cost of the testing.
(c) 1. When directed by a peace officer pursuant to a search warrant or other court order issued
under this subsection, a qualified medical professional shall withdraw the sample of blood as
soon as practicable and shall deliver the sample to the requesting peace officer, or other peace
officer as directed by the requesting peace officer, provided that the collection of the sample
does not jeopardize the person's life, cause serious injury to the person, or seriously impede
the person's medical assessment, care, or treatment.
2. The qualified medical professional authorized to withdraw the blood sample and the medical
care facility where the blood sample is drawn shall be considered as acting in good faith once
presented with a search warrant or other court order issued under this subsection. The
qualified medical professional shall not require the person that is the subject of the test or tests
to provide any additional consent.
3. A qualified medical professional who administers any test under this paragraph upon the
request of a peace officer, and a medical care facility where any test under this paragraph may
be performed, shall not be criminally liable solely for administering the requested test or civilly
liable for damages to the person tested solely for administering the requested test except in
cases of gross negligence or willful or wanton misconduct.
(3) During the period immediately preceding the administration of any test, the person shall be afforded an
opportunity of at least ten (10) minutes but not more than fifteen (15) minutes to attempt to contact and
communicate with an attorney and shall be informed of this right. Inability to communicate with an attorney
during this period shall not be deemed to relieve the person of his or her obligation to submit to the tests and CHAPTER 163
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the penalties specified by KRS 189A.010 and 189A.107 shall remain applicable to the person upon refusal.
Nothing in this section shall be deemed to create a right to have an attorney present during the administration
of the tests, but the person's attorney may be present if the attorney can physically appear at the location where
the test is to be administered within the time period established in this section.
(4) Immediately following the administration of the final test requested by the officer, the person shall again be
informed of his or her right to have a test or tests of his or her blood performed by a person of his or her
choosing described in KRS 189A.103 within a reasonable time of his or her arrest at the expense of the person
arrested. He or she shall then be asked "Do you want such a test?" The officer shall make reasonable efforts to
provide transportation to the tests.
Signed by Governor March 31, 2023.