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AN ACT relating to driving under the influence of marijuana. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 189A.005 is amended to read as follows: 3
As used in this chapter, unless the context requires otherwise: 4
(1) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood 5
or grams of alcohol per 210 liters of breath; 6
(2) "Cabinet" means the Transportation Cabinet; 7
(3) "Ignition interlock device" or "device" means a device, certified by the 8
Transportation Cabinet for use in this Commonwealth under KRS 189A.350, that: 9
(a) Connects a motor vehicle ignition system or motorcycle ignition system to a 10
breath alcohol analyzer and prevents a motor vehicle ignition or motorcycle 11
ignition from starting, and from continuing to operate, if a driver's breath 12
alcohol concentration exceeds 0.02, as measured by the device; and 13
(b) Has a fully functional camera that is equipped to record the date, time, and 14
photo of all persons providing breath samples to the device; 15
(4) "Ignition interlock certificate of installation" means a certificate providing that the 16
installed ignition interlock device has been installed and is certified for use in the 17
Commonwealth under KRS 189A.350; 18
(5) "Ignition interlock device provider" or "provider" means any person or company 19
certified by the Transportation Cabinet to engage in the business of manufacturing, 20
selling, leasing, servicing, or monitoring ignition interlock devices within the 21
Commonwealth; 22
(6) "Ignition interlock license" means a motor vehicle or motorcycle operator's license 23
issued or granted by the laws of the Commonwealth of Kentucky that, except for 24
those with an employer exemption under KRS 189A.340, permits a person to drive 25
only motor vehicles or motorcycles equipped with a functioning ignition interlock 26
device; 27 UNOFFICIAL COPY 23 RS SB 228/GA
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(7) "License" means any driver's or operator's license or any other license or permit to 1
operate a motor vehicle issued under or granted by the laws of this state including: 2
(a) Any temporary license or instruction permit; 3
(b) The privilege of any person to obtain a valid license or instruction permit, or 4
to drive a motor vehicle whether or not the person holds a valid license; and 5
(c) Any nonresident's operating privilege as defined in KRS Chapter 186 or 189; 6
(8) "Limited access highway" has the same meaning as "limited access facility" does in 7
KRS 177.220; 8
(9) "Marijuana concentration" means nanograms of tetrahydrocannabinol per 9
milliliter of blood; 10
(10) "Refusal" means declining to submit to any test or tests pursuant to KRS 189A.103. 11
Declining may be either by word or by the act of refusal. If the breath testing 12
instrument for any reason shows an insufficient breath sample and the alcohol 13
concentration cannot be measured by the breath testing instrument, the law 14
enforcement officer shall then request the defendant to take a blood or urine test in 15
lieu of the breath test. If the defendant then declines either by word or by the act of 16
refusal, he or she shall then be deemed to have refused if the refusal occurs at the 17
site at which any alcohol concentration or substance test is to be administered; and 18
(11)[(10)] When age is a factor, it shall mean age at the time of the commission of the 19
offense. 20
Section 2. KRS 189A.010 is amended to read as follows: 21
(1) A person shall not operate or be in physical control of a motor vehicle anywhere in 22
this state: 23
(a) Having an alcohol concentration of 0.08 or more as measured by a 24
scientifically reliable test or tests of a sample of the person's breath or blood 25
taken within two (2) hours of cessation of operation or physical control of a 26
motor vehicle; 27 UNOFFICIAL COPY 23 RS SB 228/GA
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(b) While under the influence of alcohol; 1
(c) While under the influence of any other substance or combination of 2
substances which impairs one's driving ability; 3
(d) While the presence of a controlled substance listed in subsection (12) of this 4
section is detected in the blood, as measured by a scientifically reliable test, or 5
tests, taken within two (2) hours of cessation of operation or physical control 6
of a motor vehicle; 7
(e) While under the combined influence of alcohol and any other substance which 8
impairs one's driving ability; [or] 9
(f) Having an alcohol concentration of 0.02 or more as measured by a 10
scientifically reliable test or tests of a sample of the person's breath or blood 11
taken within two (2) hours of cessation of operation or physical control of a 12
motor vehicle, if the person is under the age of twenty-one (21); or 13
(g) Having a marijuana concentration of 5 or more as measured by a 14
scientifically reliable test or tests of a sample of the person's blood taken 15
within two (2) hours of cessation of operation or physical control of a motor 16
vehicle. 17
(2) With the exception of the results of the tests administered pursuant to KRS 18
189A.103(7): 19
(a) If the sample of the person's blood or breath that is used to determine the 20
alcohol concentration thereof was obtained more than two (2) hours after 21
cessation of operation or physical control of a motor vehicle, the results of the 22
test or tests shall be inadmissible as evidence in a prosecution under 23
subsection (1)(a) or (f) of this section. The results of the test or tests, however, 24
may be admissible in a prosecution under subsection (1)(b) or (e) of this 25
section; or 26
(b) If the sample of the person's blood that is used to determine the presence of a 27 UNOFFICIAL COPY 23 RS SB 228/GA
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controlled substance was obtained more than two (2) hours after cessation of 1
operation or physical control of a motor vehicle, the results of the test or tests 2
shall be inadmissible as evidence in a prosecution under subsection (1)(d) of 3
this section. The results of the test or tests, however, may be admissible in a 4
prosecution under subsection (1)(c) or (e) of this section. 5
(3) (a) In any prosecution for a violation of subsection (1)(b) or (e) of this section in 6
which the defendant is charged with having operated or been in physical 7
control of a motor vehicle while under the influence of alcohol, the alcohol 8
concentration in the defendant's blood as determined at the time of making 9
analysis of his or her blood or breath shall give rise to the following 10
presumptions: 11
1.[(a)] If there was an alcohol concentration of less than 0.04 based upon 12
the definition of alcohol concentration in KRS 189A.005, it shall be 13
presumed that the defendant was not under the influence of alcohol; and 14
2.[(b)] If there was an alcohol concentration of 0.04 or greater but less 15
than 0.08 based upon the definition of alcohol concentration in KRS 16
189A.005, that fact shall not constitute a presumption that the defendant 17
either was or was not under the influence of alcohol, but that fact may 18
be considered, together with other competent evidence, in determining 19
the guilt or innocence of the defendant. 20
(b) In any prosecution for a violation of subsection (1)(c) or (e) of this section 21
in which the defendant is charged with having operated or been in physical 22
control of a motor vehicle while under the influence of marijuana, the 23
marijuana concentration in the defendant's blood as determined at the time 24
of making analysis of his or her blood shall give rise to the following 25
presumptions: 26
1. If there was a marijuana concentration of less than 4 based upon the 27 UNOFFICIAL COPY 23 RS SB 228/GA
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definition of marijuana concentration in Section 1 of this Act, it shall 1
be presumed that the defendant was not under the influence of 2
marijuana; and 3
2. If there was a marijuana concentration of 4 or greater but less than 5 4
based upon the definition of marijuana concentration in Section 1 of 5
this Act, that fact shall not constitute a presumption that the defendant 6
either was or was not under the influence of marijuana, but that fact 7
may be considered, together with other competent evidence, in 8
determining the guilt or innocence of the defendant. 9
The provisions of this subsection shall not be construed as limiting the introduction 10
of any other competent evidence bearing upon the questions of whether the 11
defendant was under the influence of alcohol, marijuana, or other substances, in 12
any prosecution for a violation of subsection (1)(b),[ or] (e), or (g) of this section. 13
(4) (a) Except as provided in paragraph (b) of this subsection, the fact that any person 14
charged with violation of subsection (1) of this section is legally entitled to 15
use any substance, including alcohol, shall not constitute a defense against 16
any charge of violation of subsection (1) of this section. 17
(b) A laboratory test or tests for a controlled substance shall be inadmissible as 18
evidence in a prosecution under subsection (1)(d) of this section upon a 19
finding by the court that the defendant consumed the substance under a valid 20
prescription from a practitioner, as defined in KRS 218A.010, acting in the 21
course of his or her professional practice. However, a laboratory test for a 22
controlled substance may be admissible as evidence in a prosecution under 23
subsection (1)(c) or (e) of this section. 24
(5) Any person who violates the provisions of paragraph (a), (b), (c), (d),[ or] (e), or (g) 25
of subsection (1) of this section shall: 26
(a) For the first offense within a ten (10) year period, be fined not less than two 27 UNOFFICIAL COPY 23 RS SB 228/GA
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hundred dollars ($200) nor more than five hundred dollars ($500), or be 1
imprisoned in the county jail for not less than forty-eight (48) hours nor more 2
than thirty (30) days, or both. Following sentencing, the defendant may apply 3
to the judge for permission to enter a community labor program for not less 4
than forty-eight (48) hours nor more than thirty (30) days in lieu of fine or 5
imprisonment, or both. If any of the aggravating circumstances listed in 6
subsection (11) of this section are present while the person was operating or in 7
physical control of a motor vehicle, the mandatory minimum term of 8
imprisonment shall be four (4) days, which term shall not be suspended, 9
probated, conditionally discharged, or subject to any other form of early 10
release; 11
(b) For the second offense within a ten (10) year period, be fined not less than 12
three hundred fifty dollars ($350) nor more than five hundred dollars ($500) 13
and shall be imprisoned in the county jail for not less than seven (7) days nor 14
more than six (6) months and, in addition to fine and imprisonment, may be 15
sentenced to community labor for not less than ten (10) days nor more than 16
six (6) months. If any of the aggravating circumstances listed in subsection 17
(11) of this section are present, the mandatory minimum term of 18
imprisonment shall be fourteen (14) days, which term shall not be suspended, 19
probated, conditionally discharged, or subject to any other form of early 20
release; 21
(c) For a third offense within a ten (10) year period, be fined not less than five 22
hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall 23
be imprisoned in the county jail for not less than thirty (30) days nor more 24
than twelve (12) months and may, in addition to fine and imprisonment, be 25
sentenced to community labor for not less than thirty (30) days nor more than 26
twelve (12) months. If any of the aggravating circumstances listed in 27 UNOFFICIAL COPY 23 RS SB 228/GA
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subsection (11) of this section are present, the mandatory minimum term of 1
imprisonment shall be sixty (60) days, which term shall not be suspended, 2
probated, conditionally discharged, or subject to any other form of early 3
release; 4
(d) For a fourth or subsequent offense within a ten (10) year period, be guilty of a 5
Class D felony. If any of the aggravating circumstances listed in subsection 6
(11) of this section are present, the mandatory minimum term of 7
imprisonment shall be two hundred forty (240) days, which term shall not be 8
suspended, probated, conditionally discharged, or subject to any other form of 9
release; and 10
(e) For purposes of this subsection, prior offenses shall include all convictions in 11
this state, and any other state or jurisdiction, for operating or being in control 12
of a motor vehicle while under the influence of alcohol or other substances 13
that impair one's driving ability, or any combination of alcohol and such 14
substances, or while having an unlawful alcohol concentration, or driving 15
while intoxicated, but shall not include convictions for violating subsection 16
(1)(f) of this section. A court shall receive as proof of a prior conviction a 17
copy of that conviction, certified by the court ordering the conviction. 18
(6) Any person who violates the provisions of subsection (1)(f) of this section shall be 19
fined no less than one hundred dollars ($100) and no more than five hundred dollars 20
($500), or sentenced to twenty (20) hours of community service in lieu of a fine. A 21
person subject to the penalties of this subsection shall not be subject to the penalties 22
established in subsection (5) of this section or any other penalty established 23
pursuant to KRS Chapter 189A, except those established in KRS 189A.040(1) and 24
KRS 189A.070. 25
(7) If the person is under the age of twenty-one (21) and there was an alcohol 26
concentration of 0.08 or greater based on the definition of alcohol concentration in 27 UNOFFICIAL COPY 23 RS SB 228/GA
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KRS 189A.005, the person shall be subject to the penalties established pursuant to 1
subsection (5) of this section. 2
(8) For a second or third offense within a ten (10) year period, the minimum sentence 3
of imprisonment or community labor shall not be suspended, probated, or subject to 4
conditional discharge or other form of early release. For a fourth or subsequent 5
offense under this section, the minimum term of imprisonment shall be one hundred 6
twenty (120) days, and this term shall not be suspended, probated, or subject to 7
conditional discharge or other form of early release. For a second or subsequent 8
offense, at least forty-eight (48) hours of the mandatory sentence shall be served 9
consecutively. 10
(9) When sentencing persons under subsection (5)(a) of this section, at least one (1) of 11
the penalties shall be assessed and that penalty shall not be suspended, probated, or 12
subject to conditional discharge or other form of early release. 13
(10) In determining the ten (10) year period under this section, the period shall be 14
measured from the dates on which the offenses occurred for which the judgments of 15
conviction were entered. 16
(11) For purposes of this section, aggravating circumstances are any one (1) or more of 17
the following: 18
(a) Operating a motor vehicle in excess of thirty (30) miles per hour above the 19
speed limit; 20
(b) Operating a motor vehicle in the wrong direction on a limited access highway; 21
(c) Operating a motor vehicle that causes an accident resulting in death or serious 22
physical injury as defined in KRS 500.080; 23
(d) Operating a motor vehicle while the alcohol concentration in the operator's 24
blood or breath is 0.15 or more as measured by a test or tests of a sample of 25
the operator's blood or breath taken within two (2) hours of cessation of 26
operation of the motor vehicle; 27 UNOFFICIAL COPY 23 RS SB 228/GA
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(e) Refusing to submit to any test or tests of one's blood, breath, or urine 1
requested by an officer having reasonable grounds to believe the person was 2
operating or in physical control of a motor vehicle in violation of subsection 3
(1) of this section, except it shall not be considered an aggravating 4
circumstance for a first offense under subsection (5)(a) of this section; and 5
(f) Operating a motor vehicle that is transporting a passenger under the age of 6
twelve (12) years old. 7
(12) The substances applicable to a prosecution under subsection (1)(d) of this section 8
are: 9
(a) Any Schedule I controlled substance except marijuana; 10
(b) Alprazolam; 11
(c) Amphetamine; 12
(d) Buprenorphine; 13
(e) Butalbital; 14
(f) Carisoprodol; 15
(g) Cocaine; 16
(h) Diazepam; 17
(i) Hydrocodone; 18
(j) Meprobamate; 19
(k) Methadone; 20
(l) Methamphetamine; 21
(m) Oxycodone; 22
(n) Promethazine; 23
(o) Propoxyphene; and 24
(p) Zolpidem. 25
Section 3. KRS 189A.050 is amended to read as follows: 26
(1) All persons convicted of violation of KRS 189A.010(1)(a), (b), (c), (d),[ or] (e), or 27 UNOFFICIAL COPY 23 RS SB 228/GA
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(g) shall be sentenced to pay a service fee of four hundred twenty-five dollars 1
($425), which shall be in addition to all other penalties authorized by law. 2
(2) The fee shall be imposed in all cases but shall be subject to the provisions of KRS 3
534.020 and KRS 534.060. 4
(3) The first fifty dollars ($50) of each service fee imposed by this section shall be paid 5
into the general fund, the second fifty dollars ($50) of each service fee imposed by 6
this section shall be paid to the ignition interlock administration fund established in 7
KRS 189A.380, and the remainder of the revenue collected from the service fee 8
imposed by this section shall be utilized as follows: 9
(a) Twelve percent (12%) shall be transferred to the Department of Kentucky 10
State Police forensic laboratory for the acquisition, maintenance, testing, and 11
calibration of alcohol concentration testing instruments and the training of 12
laboratory personnel to perform these tasks; 13
(b) Twenty percent (20%) shall be allocated to the Department of Public 14
Advocacy; 15
(c) One percent (1%) shall be transferred to the Prosecutor's Advisory Council for 16
training of prosecutors for the prosecution of persons charged with violations 17
of this chapter and for obtaining expert witnesses in cases involving the 18
prosecution of persons charged with violations of this chapter or any other 19
offense in which driving under the influence is a factor in the commission of 20
the offense charged; 21
(d) Sixteen percent (16%) shall be transferred as follows: 22
1. Fifty percent (50%) shall be credited to the traumatic brain injury trust 23
fund established under KRS 211.476; and 24
2. Fifty percent (50%) shall be credited to the Cabinet for Health and 25
Family Services, Department for Behavioral Health, Developmental and 26
Intellectual Disabilities, for the purposes of providing direct services to 27 UNOFFICIAL COPY 23 RS SB 228/GA
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individuals with brain injuries that may include long-term supportive 1
services and training and consultation to professionals working with 2
individuals with brain injuries. As funding becomes available under this 3
subparagraph, the cabinet may promulgate administrative regulations 4
pursuant to KRS Chapter 13A to implement the services permitted by 5
this subparagraph; 6
(e) Any amount specified by a specific statute shall be transferred as provided in 7
that statute; 8
(f) Forty-six percent (46%) shall be transferred to be utilized to fund enforcement 9
of this chapter and for the support of jails, recordkeeping, treatment, and 10
educational programs authorized by this chapter and by the Department of 11
Public Advocacy; and 12
(g) The remainder shall be transferred to the general fund. 13
(4) The amounts specified in subsection (3)(a), (b), (c), and (d) of this section shall be 14
placed in trust and agency accounts that shall not lapse. 15
Section 4. KRS 189A.070 is amended to read as follows: 16
(1) (a) 1. Unless the person is under eighteen (18) years of age, in addition to the 17
penalties specified in KRS 189A.010, the Transportation Cabinet shall 18
suspend a person's license to operate a motor vehicle or motorcycle 19
upon conviction of KRS 189A.010(1). 20
2. Upon conviction of KRS 189A.010(1)(a), (b), (c), (d),[ or] (e), or (g), 21
the Transportation Cabinet shall suspend a person's license to operate a 22
motor vehicle or motorcycle as follows: 23
a. For the first offense within a ten (10) year period: 24
i. For a person who is issued an ignition interlock license under 25
KRS 189A.340 and who meets the ninety (90) consecutive 26
day requirement within the first four (4) months of the 27 UNOFFICIAL COPY 23 RS SB 228/GA
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issuance of the ignition interlock license, four (4) months; 1
ii. For a person who is issued an ignition interlock license under 2
KRS 189A.340 but does not meet the ninety (90) 3
consecutive day requirement within the first four (4) months 4
of the issuance of the ignition interlock license, until the 5
person meets the ninety (90) consecutive day requirement or 6
six (6) months, whichever is shorter; or 7
iii. For all others, six (6) months; 8
b. For the second offense within a ten (10) year period: 9
i. For a person who is issued an ignition interlock license under 10
KRS 189A.340 and who meets the one hundred twenty (120) 11
consecutive day requirement within the first twelve (12) 12
months of the issuance of the ignition interlock license, 13
twelve (12) months; 14
ii. For a person who is issued an ignition interlock license under 15
KRS 189A.340 but does not meet the one hundred twenty 16
(120) consecutive day requirement within the first twelve 17
(12) months of the issuance of the ignition interlock license, 18
until the person meets the one hundred twenty (120) 19
consecutive day requirement or eighteen (18) months, 20
whichever is shorter; or 21
iii. For all others, eighteen (18) months; 22
c. For a third offense within a ten (10) year period: 23
i. For a person who is issued an ignition interlock license under 24
KRS 189A.340 and who meets the one hundred twenty (120) 25
consecutive day requirement within the first eighteen (18) 26
months of the issuance of the ignition interlock license, 27 UNOFFICIAL COPY 23 RS SB 228/GA
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eighteen (18) months; 1
ii. For a person who is issued an ignition interlock license under 2
KRS 189A.340 but does not meet the one hundred twenty 3
(120) consecutive day requirement within the first eighteen 4
(18) months of the issuance of the ignition interlock license, 5
until the person meets the one hundred twenty (120) 6
consecutive day requirement or thirty-six (36) months, 7
whichever is shorter; or 8
iii. For all others, thirty-six (36) months; 9
d. For a fourth or subsequent offense within a ten (10) year period: 10
i. For a person who is issued an ignition interlock license under 11
KRS 189A.340 and who meets the one hundred twenty (120) 12
consecutive day requirement within the first thirty (30) 13
months of the issuance of the ignition interlock license, thirty 14
(30) months; 15
ii. For a person who is issued an ignition interlock license under 16
KRS 189A.340 but does not meet the one hundred twenty 17
(120) consecutive day requirement within the first thirty (30) 18
months of the issuance of the ignition interlock license, until 19
the person meets the one hundred twenty (120) consecutive 20
day requirement or sixty (60) months, whichever is shorter; 21
or 22
iii. For all others, sixty (60) months; 23
e. If the conviction records transmitted to the Transportation Cabinet 24
pursuant to subsection (3) of this section show that a person was 25
convicted of a: 26
i. First offense of KRS 189A.010, the person's license shall be 27 UNOFFICIAL COPY 23 RS SB 228/GA
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suspended as provided in subdivision a. of this subparagraph; 1
ii. Second offense of KRS 189A.010, the person's license shall 2
be suspended as provided in subdivision b. of this 3
subparagraph; 4
iii. Third offense of KRS 189A.010, the person's license shall be 5
suspended as provided in subdivision c. of this subparagraph; 6
and 7
iv. Fourth or subsequent offense of KRS 189A.010, the person's 8
license shall be suspended as provided in subdivision d. of 9
this subparagraph; and 10
f. The license suspension shall be deemed effective on the date of 11
entry of the court's order or judgement for a conviction of KRS 12
189A.010. 13
3. Upon conviction of KRS 189A.010(1)(f), the Transportation Cabinet 14
shall suspend a person's license to operate a motor vehicle or motorcycle 15
as follows: 16
a. For a person who is issued an ignition interlock license under KRS 17
189A.340 and who meets the ninety (90) consecutive day 18
requirement within the first four (4) months of the issuance of the 19
ignition interlock license, four (4) months; 20
b. For a person who is issued an ignition interlock license under KRS 21
189A.340 but does not meet the ninety (90) consecutive day 22
requirement within the first four (4) months of the issuance of the 23
ignition interlock license, until the person meets the ninety (90) 24
consecutive day requirement or six (6) months, whichever is 25
shorter; or 26
c. For all others, six (6) months. 27 UNOFFICIAL COPY 23 RS SB 228/GA
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4. For purposes of this paragraph, "ninety (90) consecutive day 1
requirement" and "one hundred twenty (120) consecutive day 2
requirement" mean the requirements established in KRS 3
189A.340(4)(b)2. 4
(b) For a person under the age of eighteen (18), in addition to the penalties 5
specified in KRS 189A.010, the Transportation Cabinet shall suspend the 6
person's license to operate a motor vehicle or motorcycle upon conviction of 7
KRS 189A.010(1). The person shall have his or her license suspended until he 8
or she reaches the age of eighteen (18) or as provided in paragraph (a) of this 9
subsection, whichever penalty will result in the longer period of suspension. 10
(2) In addition to the period of license suspension set forth in subsection (1) of this 11
section, no person shall be eligible for reinstatement of his or her full privilege to 12
operate a motor vehicle or motorcycle until he or she has completed the alcohol or 13
substance abuse education or treatment program ordered pursuant to KRS 14
189A.040. 15
(3) Upon conviction of KRS 189A.010(1): 16
(a) A person shall surrender his or her license to operate a motor vehicle or 17
motorcycle to the court. Should the person fail to surrender his or her license 18
to the court, the court shall issue an order directing the sheriff or any other 19
peace officer to seize the license forthwith and deliver it to the court. The 20
court shall then forward the license to the Transportation Cabinet. This 21
paragraph shall not apply to a person who has previously surrendered his or 22
her license pursuant to KRS 189A.200; and 23
(b) The court shall immediately transmit the conviction records and other 24
appropriate information to the Transportation Cabinet. A court shall not waive 25
or stay this procedure. 26
(4) In determining the ten (10) year period under this section, the period shall be 27 UNOFFICIAL COPY 23 RS SB 228/GA
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measured from the dates on which the offenses occurred for which the judgments of 1
conviction were entered. 2
Section 5. KRS 189A.090 is amended to read as follows: 3
(1) No person shall operate or be in physical control of a motor vehicle or motorcycle 4
while his or her license is suspended under this chapter, unless the person has a 5
valid: 6
(a) Ignition interlock license in the person's possession and: 7
1. The motor vehicle or motorcycle is equipped with a functioning ignition 8
interlock device; or 9
2. The person is operating or in physical control of an employer's motor 10
vehicle or motorcycle in accordance with KRS 189A.340(6); or 11
(b) Hardship license in the person's possession. 12
(2) In addition to the period of license suspension imposed by KRS 189A.070, any 13
person who violates subsection (1) of this section shall: 14
(a) For a first offense within a ten (10) year period, be guilty of a Class B 15
misdemeanor and have his or her license suspended by the Transportation 16
Cabinet for six (6) months, unless at the time of the offense the person was 17
also operating or in physical control of a motor vehicle in violation of KRS 18
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g), in which event the person shall 19
be guilty of a Class A misdemeanor and have his or her license suspended by 20
the Transportation Cabinet for a period of one (1) year; 21
(b) For a second offense within a ten (10) year period, be guilty of a Class A 22
misdemeanor and have his or her license suspended by the Transportation 23
Cabinet for one (1) year, unless at the time of the offense the person was also 24
operating or in physical control of a motor vehicle in violation of KRS 25
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g), in which event the person shall 26
be guilty of a Class D felony and have his or her license suspended by the 27 UNOFFICIAL COPY 23 RS SB 228/GA
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Transportation Cabinet for a period of two (2) years; and 1
(c) For a third or subsequent offense within a ten (10) year period, be guilty of a 2
Class D felony and have his or her license suspended by the Transportation 3
Cabinet for two (2) years, unless at the time of the offense the person was also 4
operating or in physical control of a motor vehicle in violation of KRS 5
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g), in which event the person shall 6
be guilty of a Class D felony and have his or her license suspended by the 7
Transportation Cabinet for a period of five (5) years. 8
(3) Any person who violates subsection (1) of this section may apply for an ignition 9
interlock license for the remainder of the original period of suspension under KRS 10
189A.070 and for the entire period of the new suspension if the person is and 11
remains otherwise eligible for such license pursuant to KRS 189A.340. 12
(4) The ten (10) year period under this section shall be measured in the same manner as 13
in KRS 189A.070. 14
Section 6. KRS 189A.240 is amended to read as follows: 15
In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the 16
court determines by a preponderance of the evidence that: 17
(1) The person was charged and arrested by a peace officer with a violation of KRS 18
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g); 19
(2) The peace officer had reasonable grounds to believe that the person was operating a 20
motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d),[ or] (e), or (g); 21
(3) There is probable cause to believe that the person committed the violation of KRS 22
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g) as charged; and 23
(4) The person has been convicted of one (1) or more prior offenses as described in 24
KRS 189A.010(5)(e) or has had his or her motor vehicle operator's license 25
suspended on one (1) or more occasions for refusing to take an alcohol 26
concentration or substance test, in the ten (10) year period immediately preceding 27 UNOFFICIAL COPY 23 RS SB 228/GA
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his or her arrest; 1
then the court shall continue to suspend the person's operator's license or privilege to 2
operate a motor vehicle, but in no event for a period longer than the license suspension 3
period applicable to the person under KRS 189A.070 and 189A.107. The provisions of 4
this section shall not be construed as limiting the person's ability to challenge any prior 5
convictions or license suspensions or refusals. 6
Section 7. KRS 189A.410 is amended to read as follows: 7
(1) At any time during the suspension periods enumerated in: 8
(a) KRS 189A.070 for violation of KRS 189A.010(1)(c),[ or] (d), or (g); or 9
(b) KRS 189A.090 relating to a violation of KRS 189A.010(1) (c),[ or] (d), or 10
(g); 11
the court may grant the person hardship driving privileges for the balance of the 12
suspension period imposed by the Transportation Cabinet, if the court finds 13
reasonable cause to believe that revocation would hinder the person's ability to 14
continue his or her employment; continue attending school or an educational 15
institution; obtain necessary medical care; attend driver improvement, alcohol, or 16
substance abuse education programs; or attend court-ordered counseling or other 17
programs. 18
(2) Before granting hardship driving privileges, the court shall order the person to: 19
(a) Provide the court with proof of motor vehicle insurance; 20
(b) If necessary, provide the court with a written, sworn statement from his or her 21
employer, on a form provided by the cabinet, detailing his or her job, hours of 22
employment, and the necessity for the person to use the employer's motor 23
vehicle either in his or her work at the direction of the employer during 24
working hours, or in travel to and from work if the license is sought for 25
employment purposes; and 26
(c) If the person is self-employed, to provide the information required in 27 UNOFFICIAL COPY 23 RS SB 228/GA
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paragraph (b) of this subsection together with a sworn statement as to its truth; 1
(d) Provide the court with a written, sworn statement from the school or 2
educational institution which he or she attends, of his or her class schedule, 3
courses being undertaken, and the necessity for the person to use a motor 4
vehicle in his or her travel to and from school or other educational institution 5
if the license is sought for educational purposes. Licenses for educational 6
purposes shall not include participation in sports, social, extracurricular, 7
fraternal, or other noneducational activities; 8
(e) Provide the court with a written, sworn statement from a physician, or other 9
medical professional licensed but not certified under the laws of Kentucky, 10
attesting to the person's normal hours of treatment, and the necessity to use a 11
motor vehicle to travel to and from the treatment if the license is sought for 12
medical purposes; 13
(f) Provide the court with a written, sworn statement from the director of any 14
alcohol or substance abuse education or treatment program as to the hours in 15
which the person is expected to participate in the program, the nature of the 16
program, and the necessity for the person to use a motor vehicle to travel to 17
and from the program if the license is sought for alcohol or substance abuse 18
education or treatment purposes; 19
(g) Provide the court with a copy of any court order relating to treatment, 20
participation in driver improvement programs, or other terms and conditions 21
ordered by the court relating to the person which require him or her to use a 22
motor vehicle in traveling to and from the court-ordered program. The judge 23
shall include in the order the necessity for the use of the motor vehicle; and 24
(h) Provide to the court any information as may be required by administrative 25
regulation of the Transportation Cabinet. 26
(3) The court shall not issue a hardship license to a person who has refused to take an 27 UNOFFICIAL COPY 23 RS SB 228/GA
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alcohol concentration or substance test or tests offered by a law enforcement 1
officer. 2