UNOFFICIAL COPY 23 RS BR 253
Page 1 of 25
XXXX 2/20/2023 6:04 PM Jacketed
AN ACT relating to constables and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 16.060 is amended to read as follows: 3
It shall be the duty of the commissioner, each officer of the department, and each 4
individual employed as a Trooper R Class or CVE R Class to detect and prevent crime, 5
apprehend criminals, maintain law and order throughout the state, to collect, classify and 6
maintain information useful for the detection of crime and the identification, 7
apprehension and conviction of criminals and to enforce the criminal, as well as the 8
motor vehicle and traffic laws of the Commonwealth. To this end the commissioner, each 9
officer of the department, and each individual employed as a Trooper R Class or CVE R 10
Class is individually vested with the powers of a peace officer and shall have in all parts 11
of the state the same powers with respect to criminal matters and enforcement of the laws 12
relating thereto as sheriffs, constables, [granted peace officer powers ]and police officers 13
in their respective jurisdictions, and shall possess all the immunities and matters of 14
defense now available or hereafter made available to sheriffs, constables, [granted peace 15
officer powers ]and police officers in any suit brought against them in consequence of 16
acts done in the course of their employment. Any warrant of arrest may be executed by 17
the commissioner, any officer of the department, and each individual employed as a 18
Trooper R Class or CVE R Class. 19
Section 2. KRS 61.310 is amended to read as follows: 20
(1) "Peace officer," as used in this section, means any sheriff, deputy sheriff, constable, 21
or deputy constable granted peace officer powers, patrol or any other peace officer 22
or deputy peace officer except those appointed pursuant to KRS 61.360 or 277.270 23
and those employed by a board of education. 24
(2) A peace officer shall not receive any compensation or remuneration, directly or 25
indirectly, from any person for the performance of any service or duty, except that 26
he or she may be compensated for employment authorized by subsection (4) of this 27 UNOFFICIAL COPY 23 RS BR 253
Page 2 of 25
XXXX 2/20/2023 6:04 PM Jacketed
section and accept donations in accordance with subsection (8) of this section. Any 1
peace officer who violates this subsection may be removed from office, under the 2
provisions of KRS 63.170. 3
(3) (a) Peace officers shall receive for the performance of their services and duties 4
only such compensation or remuneration as is regularly provided and paid out 5
of the public funds to the amount and in the manner provided by law, except 6
that they may be compensated from private funds for employment authorized 7
by subsection (4) of this section and accept donations of private funds in 8
accordance with subsection (8) of this section. 9
(b) Except as set out in subsection (8) of this section, donations made by persons 10
to any governmental unit or officer thereof do not constitute public funds 11
within the meaning of this subsection. 12
(4) A peace officer may, while in office, and during hours other than regular or 13
scheduled duty hours, act in any private employment as guard or watchman or in 14
any other similar or private employment. However, he may not participate directly 15
or indirectly, in any labor dispute during his off-duty hours. Any peace officer who 16
violates this subsection may be removed from office, under the provisions of KRS 17
63.170. 18
(5) No principal peace officer shall appoint or continue the appointment of any deputy 19
contrary to the provisions of this section. When it appears by the affidavit of two (2) 20
citizens, taxpayers of the county, filed with any principal peace officer, that there is 21
reasonable cause to believe that any of his deputies are receiving compensation 22
from private sources contrary to the provisions of this section, the peace officer 23
shall forthwith investigate the charges contained in the affidavit, and if he finds the 24
charges are true he shall forthwith remove any such deputy from office. Failure to 25
do so shall constitute neglect of duty on the part of the principal peace officer, and 26
he may be removed from office under the provisions of KRS 63.170. 27 UNOFFICIAL COPY 23 RS BR 253
Page 3 of 25
XXXX 2/20/2023 6:04 PM Jacketed
(6) In addition to being subject to removal from office, any peace officer who violates 1
any of the provisions of this section shall be fined not less than five hundred dollars 2
($500) nor more than five thousand dollars ($5,000), or confined in jail for not more 3
than one (1) year, or both. 4
(7) Except as provided in subsection (8) of this section and KRS 61.360 and 277.280, 5
any person who directly or indirectly pays or contributes or causes to be paid or 6
contributed any money or other thing of value to any peace officer or to any 7
governmental unit or officer thereof, either as a gift or donation for the performance 8
of any public duty shall be fined not less than five hundred ($500) nor more than 9
five thousand dollars ($5,000). 10
(8) (a) A sheriff may accept a donation of money or goods to be used for the public 11
purposes of his or her office if the sheriff establishes a register for recording 12
all donations that includes, at a minimum: 13
1. The name and address of the donor; 14
2. A general description of the donation; 15
3. The date of acceptance of the donation; 16
4. The monetary amount of the donation, or its estimated worth; and 17
5. Any purpose for which the donation is given. 18
The register shall constitute a public record, be subject to the provisions of 19
KRS 61.870 to 61.884, and be made available to the public for inspection in 20
the sheriff's office during regular business hours. 21
(b) Any donation to a sheriff shall only be used to further the public purpose of 22
the office and shall not be used for the private benefit of the sheriff, his or her 23
deputies, or other employees of the office. 24
(c) All donations made in accordance with this subsection shall be expended and 25
audited in the same manner as other funds or property of the sheriff's office. 26
(d) For the purposes of this section and KRS 521.060, a donation shall not be 27 UNOFFICIAL COPY 23 RS BR 253
Page 4 of 25
XXXX 2/20/2023 6:04 PM Jacketed
construed to mean a campaign contribution made to the sheriff for his or her 1
reelection. 2
Section 3. KRS 64.060 is amended to read as follows: 3
(1) Sheriffs, constables[ granted peace officer powers], coroners, marshals, and 4
policemen shall be paid out of the State Treasury for the following services the 5
following fees: 6
(a) Apprehending a person on charge of felony, or a fugitive 7
from justice charged with a felony in this state ........................................$10.00 8
(b) Executing a process of contempt in a criminal 9
case when the court excuses the contempt ................................................$1.60 10
(c) Executing a summons upon a witness in behalf 11
of the Commonwealth in a felony case ......................................................$3.00 12
(d) Summoning a jury, on order of a court, in a county other than that in which 13
the action is pending, a reasonable allowance to be fixed by the court. 14
(e) Summoning and attending a jury in a case of felony ................................$2.50 15
(2) No claim for services incidental to examining courts shall be allowed to any sheriff, 16
deputy sheriff, constable, marshal, policeman, or other officer authorized to execute 17
process in felony cases until the grand jury has returned an indictment for a felony. 18
[(3) Constables and deputy constables authorized to exercise the powers of a peace 19
officer under KRS 70.325(2) shall be entitled to the fees provided under subsection 20
(1) of this section and shall be subject to the requirements of subsection (2) of this 21
section.] 22
Section 4. KRS 70.430 is amended to read as follows: 23
(1) Constables on or before the tenth day of each calendar month shall make a report 24
concerning the performance of the duties of office by himself or herself and his or 25
her deputies, if deputies have been authorized under KRS 70.320, during the next 26
preceding calendar month. The reports shall be made: 27 UNOFFICIAL COPY 23 RS BR 253
Page 5 of 25
XXXX 2/20/2023 6:04 PM Jacketed
(a) To the county clerk in counties containing an urban-county government or a 1
consolidated local government; or 2
(b) To the county fiscal court in all other counties. 3
(2) The reports required under subsection (1) of this section shall be in the form and 4
include any information required by the office to which the report is to be submitted 5
under subsection (1) of this section, but shall at a minimum contain: 6
(a) A statement showing the total number of each kind of civil processes and 7
orders received, the total number of each returned executed, returned 8
unexecuted, and not returned and not executed; 9
(b) A statement showing the amount of any fee or fees collected on each civil 10
service of process; 11
(c) Under the heading of criminal matters, report[If the constable is qualified 12
and is authorized to execute warrants in criminal matters or otherwise exercise 13
the powers of a peace officer under KRS 70.325, ] a list of the names and 14
addresses of all persons for whom warrants of arrest have been obtained by 15
the constable and his or her deputies, noting the name of the officer obtaining 16
each warrant, the name of the officer executing each warrant, and indicating 17
the warrants returned executed, returned unexecuted, and not returned and not 18
executed; a list of the names and addresses of all persons for whom warrants 19
of arrest have been obtained by others and delivered to the constable and his 20
or her deputies for execution, noting the name and address of the person 21
obtaining each warrant; the name of the officer executing it, and indicating the 22
warrants returned executed, returned unexecuted, and not returned and not 23
executed; a list of the names and addresses of all persons arrested by the 24
constable and his or her deputies without warrant, noting the name of the 25
officer making the arrest and the cause of the arrest; a list of all the places for 26
which search warrants have been obtained by the constable and his or her 27 UNOFFICIAL COPY 23 RS BR 253
Page 6 of 25
XXXX 2/20/2023 6:04 PM Jacketed
deputies, noting the name of the officer obtaining each search warrant, the 1
name of the officer executing it, and indicating the search warrants returned 2
executed, returned and unexecuted, and not returned, and not executed; and 3
(d) Under the heading of other matters, [a complete and detailed ]report upon 4
[each and ]all other acts of the constable and his or her deputies performed 5
under authority, or under color of authority, of office. 6
(3) Each monthly report shall be subscribed and sworn to by the constable and such 7
parts thereof as pertain to the acts of his or her deputies beyond his or her presence 8
shall be deemed to be sworn to upon information and belief. Upon request, attested 9
copies of the reports shall be promptly delivered to the county judge/executive, the 10
mayor of an urban-county government or consolidated local government, the 11
county attorney, or the attorney for the Commonwealth. 12
[(4) (a) 1. In consideration of the collection and administration of the reports 13
required to be submitted to fiscal courts under subsection (1)(b) of this 14
section, the fiscal court or legislative body of any county greater than 15
seventy thousand (70,000) shall be entitled to collect a fee in a sum 16
equal to twenty-five percent (25%) of the total receipts reported each 17
calendar month that were actually collected by the reporting constable. 18
The administrative fee required by this subsection shall be submitted by 19
the constable at the same time as the report required by subsections (1) 20
and (2) of this section. 21
2. In counties of seventy thousand (70,000) or less, the reports required to 22
be submitted to fiscal courts under subsection (1)(b) of this section shall 23
be sufficient. 24
(b) If an urban-county government or a consolidated local government elects by 25
ordinance, the county clerk receiving reports under subsection (1)(a) of this 26
section shall be entitled to collect the administrative fee provided in paragraph 27 UNOFFICIAL COPY 23 RS BR 253
Page 7 of 25
XXXX 2/20/2023 6:04 PM Jacketed
(a) of this subsection. If authorized, any fees collected by a county clerk under 1
this subsection may be shared evenly between the county clerk and the county 2
government, as provided in the ordinance.] 3
Section 5. KRS 148.056 is amended to read as follows: 4
(1) The commissioner of parks, in his discretion, may employ and commission park 5
rangers as the commissioner deems necessary to secure the parks and property of 6
the Department of Parks and to maintain law and order and such employees, when 7
so commissioned, shall have all of the powers of peace officers and shall have on 8
all parks property and on public highways transversing such property in all parts of 9
the state the same powers with respect to criminal matters and enforcement of the 10
laws relating thereto as sheriffs, constables[ granted peace officer powers], and 11
police officers in their respective jurisdictions, and shall possess all the immunities 12
and matters of defense now available or hereafter made available to sheriffs, 13
constables, and police officers in any suit brought against them in consequence of 14
acts done in the course of their employment. 15
(2) The designation of any such employee as a peace officer shall be governed by the 16
provisions of KRS 61.300 except that he shall not be required to have resided in the 17
county wherein he is to serve for a period of at least two (2) years, and he shall be 18
required to file his photograph and affidavit only with the Franklin county clerk. 19
(3) Any employee so commissioned shall be required to execute bond, subject to the 20
provisions of KRS 62.170, for the faithful and lawful performance of his duties. 21
Section 6. KRS 150.100 is amended to read as follows: 22
The commissioner, all personnel of the department and all officers and other persons 23
appointed by the commissioner may execute any process issued by a court, enforcing the 24
provisions of this chapter or any law relating to the propagation or protection of fish and 25
wildlife in the same manner as any sheriff or constable. To accomplish that purpose they 26
may call any peace officer or other person to their aid. 27 UNOFFICIAL COPY 23 RS BR 253
Page 8 of 25
XXXX 2/20/2023 6:04 PM Jacketed
Section 7. KRS 277.280 is amended to read as follows: 1
(1) Each railroad policeman shall, before he or she enters upon the discharge of the 2
duties of his or her office, execute bond, with good security, conditioned for the 3
faithful performance of his or her duty as such policeman, and take and subscribe 4
an oath of office. The bond shall be executed in the county in which the policeman 5
resides, or in which the railroad has its registered process agent, if any, within the 6
state, or in which the policeman performs any duties as a railroad policeman, and 7
the bond shall be approved, and the oath administered, by the county 8
judge/executive. The bond and oath shall be entered of record by the county clerk, 9
and the execution of the bond and the taking of the oath shall be indorsed upon the 10
commission of the person so qualifying. Each policeman so appointed and 11
commissioned shall, throughout the counties through which the railroad operates, 12
have and exercise the powers of sheriffs and constables[ granted police powers] in 13
making arrests for public offenses committed upon or about railroad property, and 14
in serving process in criminal and penal prosecutions for such offenses, and shall be 15
subject to all the liabilities of sheriffs or constables. 16
(2) The compensation of railroad policemen shall be fixed and paid by the railroad 17
company for which they are appointed. 18
Section 8. KRS 164.955 is amended to read as follows: 19
(1) Police officers so appointed shall be peace officers and conservators of the peace. 20
They shall have general police powers including the power to arrest, without 21
process, all persons who within their view commit any crime or misdemeanor. They 22
shall possess all of the common law and statutory powers, privileges, and 23
immunities of sheriffs, except that they shall be empowered to serve civil process to 24
the extent authorized by the employing governing board of the respective public 25
postsecondary education institution employing them. Without limiting the 26
generality of the foregoing, such police officers are hereby specifically authorized 27 UNOFFICIAL COPY 23 RS BR 253
Page 9 of 25
XXXX 2/20/2023 6:04 PM Jacketed
and empowered, and it shall be their duty: 1
(a) To preserve the peace, maintain order and prevent unlawful use of force or 2
violence or other unlawful conduct on the campuses of their respective 3
institutions, and to protect all persons and property located thereon from 4
injury, harm and damage; and 5
(b) To enforce, and to assist the officials of their respective institutions in the 6
enforcement of, the lawful rules and regulations of said institution, and to 7
assist and cooperate with other law enforcement agencies and officers. 8
Provided, however, that such police officers shall exercise the powers herein 9
granted upon any real property owned or occupied by their respective 10
institutions, including the streets passing through and adjacent thereto. Said 11
powers may be exercised in any county of the Commonwealth where the 12
institution owns, uses, or occupies property. Additional jurisdiction may be 13
established by agreement with the chief of police of the municipality or sheriff 14
of the county or the appropriate law enforcement agency in which such 15
property is located, dependent upon the jurisdiction involved. 16
(2) Police officers may exercise their powers away from the locations described in 17
subsection (1) of this section only upon the following conditions: 18
(a) When in immediate pursuit of an actual or suspected violator of the law; 19
(b) When authorized to do so pursuant to the agreement authorized by subsection 20
(1) of this section; 21
(c) When requested to act by the chief of police of the city or county in which the 22
institution's property is located; 23
(d) When requested to act by the sheriff of the county in which the institution's 24
property is located; 25
(e) When requested to act by the commissioner of the Department of Kentucky 26
State Police; 27 UNOFFICIAL COPY 23 RS BR 253
Page 10 of 25
XXXX 2/20/2023 6:04 PM Jacketed
(f) When requested to act by the authorized delegates of those persons or 1
agencies listed in paragraph (c), (d), or (e) of this subsection; 2
(g) When requested to assist a state, county or municipal police officer, sheriff, or 3
other peace officer in the performance of his lawful duties; or 4
(h) When operating under an interlocal cooperation agreement pursuant to KRS 5
Chapter 65. 6
(3) Police officers appointed pursuant to KRS 164.950 to 164.980 shall have, in 7
addition to the other powers enumerated herein, the power to conduct investigations 8
anywhere in this Commonwealth, provided the investigation relates to criminal 9
offenses which occurred on property owned, leased, or controlled by the public 10
postsecondary education institution. Where desirable and at the discretion of the 11
public postsecondary education institution's police officials, the institution's police 12
department may coordinate said investigations with any law enforcement agency of 13
this Commonwealth or with agencies of the federal government. 14
(4) Police departments created and operated by the governing boards of public 15
postsecondary education institutions shall, for all purposes, be deemed public police 16
departments and the sworn police officers thereof are, for all purposes, deemed 17
public police officers. 18
(5) Nothing in KRS 164.950 to 164.980 shall be construed as a diminution or 19
modification of the authority or responsibility of any city or county police 20
department, the Department of Kentucky State Police, sheriff, constable[ granted 21
police powers], or other peace officer either on the property of an institution of 22
postsecondary education or otherwise. Nor shall anything in KRS 164.950 to 23
164.980 be construed as a diminution or modification of the authority or 24
responsibility of any constable. 25
Section 9. KRS 183.881 is amended to read as follows: 26
(1) Safety and security officers so appointed shall be peace officers and conservators of 27 UNOFFICIAL COPY 23 RS BR 253
Page 11 of 25
XXXX 2/20/2023 6:04 PM Jacketed
the peace. They shall have general police powers to arrest, without process, all 1
persons who within their view commit any crime or misdemeanor. They shall 2
possess all of the common law and statutory powers, privileges, and immunities of 3
sheriffs, except that they shall be empowered to serve civil process to the extent 4
authorized by the employing airport board. Without limiting the generality of the 5
foregoing, such safety and security officers are hereby specifically authorized and 6
empowered, and it shall be their duty: 7
(a) To preserve the peace, maintain order and prevent unlawful use of force or 8
violence or other unlawful conduct on the airport facility of their respective 9
airport board, and to protect all persons and property located thereon from 10
injury, harm and damage; 11
(b) To enforce, and to assist officials of their respective airport boards in the 12
enforcement of the lawful rules and regulations of said airport board, and to 13
assist and cooperate with the law enforcement agencies and officers. 14
Provided, however, that such safety and security officers shall exercise the powers 15
herein granted upon any real property owned or occupied by their respective airport 16
boards including the streets passing through and adjacent thereto. Said powers may 17
be exercised in any county of the Commonwealth where the airport board owns, 18
uses, or occupies property. Additional jurisdiction may be established by agreement 19
with the chief of police of the municipality or sheriff of the county or the 20
appropriate law enforcement agency in which such property is located, dependent 21
upon the jurisdiction involved. 22
(2) Safety and security officers may exercise their powers away from the locations 23
described in subsection (1) of this section only upon the following conditions: 24
(a) When in hot pursuit of an actual or suspected violator of the law; 25
(b) When authorized to do so pursuant to the agreement authorized by subsection 26
(1) of this section; 27 UNOFFICIAL COPY 23 RS BR 253
Page 12 of 25
XXXX 2/20/2023 6:04 PM Jacketed
(c) When requested to act by the chief of police of the city or county in which the 1
airport board's property is located; 2
(d) When requested to act by the sheriff of the county in which the airport board's 3
property is located; 4
(e) When requested to act by the commissioner of the Department of Kentucky 5
State Police; 6
(f) When requested to act by the authorized delegates of those persons or 7
agencies listed in paragraph (c), (d) or (e) of this subsection; 8
(g) When requested to assist a state, county, or municipal police officer, sheriff, 9
or other peace officer in the performance of his or her lawful duties; or 10
(h) When operating under an interlocal cooperation agreement pursuant to KRS 11
Chapter 65. 12
(3) Safety and security officers appointed pursuant to KRS 183.110 and 183.880 to 13
183.886 shall have, in addition to the other powers enumerated herein, the power to 14
conduct investigations anywhere in this Commonwealth, provided such 15
investigation relates to criminal offenses which occurred on property owned, leased, 16
or controlled by the airport board. Where desirable and at the discretion of the 17
airport board's police officials, the airport board's safety and security department 18
may coordinate said investigations with any law enforcement agency of this 19
Commonwealth or with agencies of the federal government. 20
(4) Safety and security departments created and operated by the airport boards shall, for 21
all purposes, be deemed public police departments and the sworn safety and 22
security officers thereof are, for all purposes, deemed public police officers. 23
(5) Nothing in KRS 183.110 and 183.880 to 183.886 shall be construed as a diminution 24
or modification of the authority or responsibility of any city or county police 25
department, the Department of Kentucky State Police, sheriff, constable[ granted 26
police powers], or other peace officer either on the property of an airport board or 27 UNOFFICIAL COPY 23 RS BR 253
Page 13 of 25
XXXX 2/20/2023 6:04 PM Jacketed
otherwise. Nor shall anything in KRS 183.110 and 183.880 to 183.886 be construed 1
as a diminution or modification of the authority or responsibility of any constable. 2
Section 10. KRS 230.240 is amended to read as follows: 3
(1) In addition to the employees referred to in KRS 230.230, the executive director of 4
the racing commission may employ, dismiss, or take other personnel action and 5
determine the reasonable compensation of stewards, supervisors of mutuels, 6
veterinarians, inspectors, accountants, security officers, and other employees 7
deemed by the executive director to be essential at or in connection with any horse 8
race meeting and in the best interest of racing. Three (3) Thoroughbred stewards 9
shall be employed at each Thoroughbred race meeting. Two (2) stewards shall be 10
employed and compensated by the Commonwealth, subject to reimbursement by 11
the racing associations pursuant to subsection (3) of this section. One (1) 12
Thoroughbred steward shall be employed and compensated by the racing 13
association hosting the race meeting. Three (3) standardbred judges shall be 14
employed at each standardbred race meeting. Two (2) standardbred judges shall be 15
employed and compensated by the Commonwealth, subject to reimbursement by 16
the racing associations pursuant to subsection (3) of this section. One (1) 17
standardbred judge shall be employed and compensated by the racing association 18
hosting the race meeting. The security officers shall be peace officers and 19
conservators of the peace on racing commission property and at all race tracks and 20
grounds in the Commonwealth and shall possess all the common law and statutory 21
powers and privileges now available or hereafter made available to sheriffs, 22
constables[ granted police powers], and police officers for the purpose of enforcing 23
all laws relating directly or indirectly to the conduct of horse racing and pari-mutuel 24
wagering thereon, or the enforcement of laws relating to the protection of persons 25
or property on premises licensed by the racing commission. The racing 26
commission, for the purpose of maintaining integrity and honesty in racing, shall 27 UNOFFICIAL COPY 23 RS BR 253
Page 14 of 25
XXXX 2/20/2023 6:04 PM Jacketed
prescribe by administrative regulation the powers and duties of the persons 1
employed under this section and qualifications necessary to competently perform 2
their duties. In addition, the racing commission shall be responsible for seeing that 3
racing officials employed under the provisions of this section have adequate 4
training to perform their duties in a competent manner. 5
(2) The racing commission shall promulgate administrative regulations for effectively 6
preventing the use of improper devices, and restricting or prohibiting the use and 7
administration of drugs or stimulants or other improper acts to horses prior to the 8
horse participating in a race. The racing commission may acquire, operate, and 9
maintain, or contract for the maintenance and operation of, a testing laboratory and 10
related facilities, for the purpose of saliva, urine, or other tests, and to purchase 11
supplies and equipment for and in connection with the laboratory or testing 12
processes. The expense of the laboratory or other testing processes, whether 13
furnished by contract or otherwise, together with all supplies and equipment used in 14
connection therewith, shall be paid by the various associations licensed under this 15
chapter in the manner and in proportions as the racing commission shall by 16
administrative regulation provide. 17
(3) The expenses of the commission and the compensation of all employees referred to 18
in this section shall be paid by the licensee conducting a horse race meeting or pari-19
mutuel wagering on live or historic horse racing. The salary of the executive 20
director to the racing commission shall be prorated among and paid by the various 21
associations licensed under this chapter in the manner as the racing commission 22
shall, by administrative regulation, provide. Except for the Thoroughbred steward 23
and the standardbred judge authorized in subsection (1) of this section, the 24
employees referred to in this section shall be deemed employees of the racing 25
commission, and are paid by the licensee or association. 26
(4) Each person, as a condition precedent to the privilege of receiving a license under 27 UNOFFICIAL COPY 23 RS BR 253
Page 15 of 25
XXXX 2/20/2023 6:04 PM Jacketed
this chapter to conduct a horse race meeting, shall be deemed to have agreed to pay 1
expenses and compensation as provided in this section and as may be actually and 2
reasonably incurred. 3
Section 11. KRS 281.765 is amended to read as follows: 4
Any peace officer, including sheriffs and their deputies, constables and their deputies[ 5
granted police powers], city police officers, county police or patrols, and special officers 6
appointed by any agency of the Commonwealth of Kentucky for the enforcement of its 7
laws relating to motor vehicles and boats or boating, now existing or hereafter enacted, 8
shall be authorized and it is hereby made the duty of each of them to enforce the 9
provisions of this chapter and to make arrests for any violation or violations thereof, and 10
for violations of any other law relating to motor vehicles and boating, without warrant if 11
the offense be committed in his or her presence, and with warrant or summons if he or 12
she does not observe the commission of the offense. When in pursuit of any offender for 13
any offense committed within his or her jurisdiction, any such officer may follow and 14
effect an arrest beyond the limits of his or her jurisdiction. If the arrest be made without 15
warrant, the accused may elect to be immediately taken before the nearest court having 16
jurisdiction, whereupon it shall be the duty of the officer to so take him or her. If the 17
accused elects not to be so taken, then it shall be the duty of the officer to require of the 18
accused a bail-bond in a sum not less than one hundred dollars ($100), conditioned that 19
the accused binds himself or herself to appear in the court of jurisdiction at the time fixed 20
in the bond, not however in any case later than six (6) days from the day of arrest. In case 21
the arrested person fails to appear on the day fixed, the bond shall be forfeited in the 22
manner as is provided for the forfeiture of bonds in other cases. No officer shall be 23
permitted to take a cash bond. The officer making the arrest and taking the bond shall 24
report the same to the court having jurisdiction within eighteen (18) hours after taking 25
such bond. 26
Section 12. KRS 446.010 is amended to read as follows: 27 UNOFFICIAL COPY 23 RS BR 253
Page 16 of 25
XXXX 2/20/2023 6:04 PM Jacketed
As used in the statute laws of this state, unless the context requires otherwise: 1
(1) "Action" includes all proceedings in any court of this state; 2
(2) "Animal" includes every warm-blooded living creature except a human being; 3
(3) "Attorney" means attorney-at-law; 4
(4) "Bequeath" and "devise" mean the same thing; 5
(5) "Bequest" and "legacy" mean the same thing, and embrace either real or personal 6
estate, or both; 7
(6) "Business trust" includes, except when utilized in KRS Chapter 386, a "statutory 8
trust" as organized under KRS Chapter 386A; 9
(7) "Case plan" means an individualized accountability and behavior change strategy 10
for supervised individuals that: 11
(a) Targets and prioritizes the specific criminal risk factors of the individual 12
based upon his or her assessment results; 13
(b) Matches the type and intensity of supervision and treatment conditions to the 14
individual's level of risk, criminal risk factors, and individual characteristics, 15
such as gender, culture, motivational stage, developmental stage, and learning 16
style; 17
(c) Establishes a timetable for achieving specific behavioral goals, including a 18
schedule for payment of victim restitution, child support, and other financial 19
obligations; and 20
(d) Specifies positive and negative actions that will be taken in response to the 21
supervised individual's behaviors; 22
(8) "Certified mail" means any method of governmental, commercial, or electronic 23
delivery that allows a document or package to have proof of: 24
(a) Sending the document or package; 25
(b) The date the document or package was delivered or delivery was attempted; 26
and 27 UNOFFICIAL COPY 23 RS BR 253
Page 17 of 25
XXXX 2/20/2023 6:04 PM Jacketed
(c) The signature of the receipt of the document or package; 1
(9) "Company" may extend and be applied to any corporation, company, person, 2
partnership, joint stock company, or association; 3
(10) "Corporation" may extend and be applied to any corporation, company, partnership, 4
joint stock company, or association; 5
(11) "Criminal risk factors" are characteristics and behaviors that, when addressed or 6
changed, affect a person's risk for committing crimes. The characteristics may 7
include but are not limited to the following risk and criminogenic need factors: 8
antisocial behavior; antisocial personality; criminal thinking; criminal associates; 9
dysfunctional family; low levels of employment or education; poor use of leisure 10
and recreation; and substance abuse; 11
(12) "Cruelty" as applied to animals includes every act or omission whereby 12
unjustifiable physical pain, suffering, or death is caused or permitted; 13
(13) "Directors," when applied to corporations, includes managers or trustees; 14
(14) "Domestic," when applied to a corporation, partnership, business trust, or limited 15
liability company, means all those incorporated or formed by authority of this state; 16
(15) "Domestic animal" means any animal converted to domestic habitat; 17
(16) "Evidence-based practices" means policies, procedures, programs, and practices 18
proven by scientific research to reliably produce reductions in recidivism when 19
implemented competently; 20
(17) "Federal" refers to the United States; 21
(18) "Foreign," when applied to a corporation, partnership, limited partnership, business 22
trust, statutory trust, or limited liability company, includes all those incorporated or 23
formed by authority of any other state; 24
(19) "Generally accepted accounting principles" are those uniform minimum standards 25
of and guidelines to financial accounting and reporting as adopted by the National 26
Council on Governmental Accounting, under the auspices of the Municipal Finance 27 UNOFFICIAL COPY 23 RS BR 253
Page 18 of 25
XXXX 2/20/2023 6:04 PM Jacketed
Officers Association and by the Financial Accounting Standards Board, under the 1
auspices of the American Institute of Certified Public Accountants; 2
(20) "Graduated sanction" means any of a wide range of accountability measures and 3
programs for supervised individuals, including but not limited to electronic 4
monitoring; drug and alcohol testing or monitoring; day or evening reporting 5
centers; restitution centers; reentry centers; disallowance of future earned 6
compliance credits; rehabilitative interventions such as substance abuse or mental 7
health treatment; reporting requirements to probation and parole officers; 8
community service or work crews; secure or unsecure residential treatment facilities 9
or halfway houses; and short-term or intermittent incarceration; 10
(21) "Humane society," "society," or "Society for the Prevention of Cruelty to Animals," 11
means any nonprofit corporation, organized under the laws of this state and having 12
as its primary purpose the prevention of cruelty to animals; 13
(22) "Issue," as applied to the descent of real estate, includes all the lawful lineal 14
descendants of the ancestors; 15
(23) "Land" or "real estate" includes lands, tenements, and hereditaments and all rights 16
thereto and interest therein, other than a chattel interest; 17
(24) "Legatee" and "devisee" convey the same idea; 18
(25) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or 19
any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; 20
(26) "May" is permissive; 21
(27) "Month" means calendar month; 22
(28) "Oath" includes "affirmation" in all cases in which an affirmation may be 23
substituted for an oath; 24
(29) "Owner" when applied to any animal, means any person having a property interest 25
in such animal; 26
(30) "Partnership" includes both general and limited partnerships; 27 UNOFFICIAL COPY 23 RS BR 253
Page 19 of 25
XXXX 2/20/2023 6:04 PM Jacketed
(31) "Peace officer" includes sheriffs, constables[ granted police powers], coroners, 1
jailers, metropolitan and urban-county government correctional officers, marshals, 2
policemen, and other persons with similar authority to make arrests; 3
(32) "Penitentiary" includes all of the state penal institutions except the houses of 4
reform; 5
(33) "Person" may extend and be applied to bodies-politic and corporate, societies, 6
communities, the public generally, individuals, partnerships, joint stock companies, 7
and limited liability companies; 8
(34) "Personal estate" includes chattels, real and other estate that passes to the personal 9
representative upon the owner dying intestate; 10
(35) "Pretrial risk assessment" means an objective, research-based, validated assessment 11
tool that measures a defendant's risk of flight and risk of anticipated criminal 12
conduct while on pretrial release pending adjudication; 13
(36) "Registered mail" means any governmental, commercial, or electronic method of 14
delivery that allows a document or package to have: 15
(a) Its chain of custody recorded in a register to enable its location to be tracked; 16
(b) Insurance available to cover its loss; and 17
(c) The signature of the recipient of the document or package available to the 18
sender; 19
(37) "Regular election" means the election in even-numbered years at which members of 20
Congress are elected and the election in odd-numbered years at which state officers 21
are elected; 22
(38) "Risk and needs assessment" or "validated risk and needs assessment" means an 23
actuarial tool scientifically proven to determine a person's risk to reoffend and 24
criminal risk factors, that when properly addressed, can reduce that person's 25
likelihood of committing future criminal behavior; 26
(39) "Shall" is mandatory; 27 UNOFFICIAL COPY 23 RS BR 253
Page 20 of 25
XXXX 2/20/2023 6:04 PM Jacketed
(40) "State" when applied to a part of the United States, includes territories, outlying 1
possessions, and the District of Columbia; "any other state" includes any state, 2
territory, outlying possession, the District of Columbia, and any foreign government 3
or country; 4
(41) "State funds" or "public funds" means sums actually received in cash or negotiable 5
instruments from all sources unless otherwise described by any state agency, state-6
owned corporation, university, department, cabinet, fiduciary for the benefit of any 7
form of state organization, authority, board, bureau, interstate compact, 8
commission, committee, conference, council, office, or any other form of 9
organization whether or not the money has ever been paid into the Treasury and 10
whether or not the money is still in the Treasury if the money is controlled by any 11
form of state organization, except for those funds the management of which is to be 12
reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, 13
and 42.615; 14
(42) "Supervised individual" means an individual placed on probation by a court or 15
serving a period of parole or post-release supervision from prison or jail; 16
(43) "Sworn" includes "affirmed" in all cases in which an affirmation may be substituted 17
for an oath; 18
(44) "Treatment" when used in a criminal justice context, means targeted interventions 19
that focus on criminal risk factors in order to reduce the likelihood of criminal 20
behavior. Treatment options may include but shall not be limited to community-21
based programs that are consistent with evidence-based practices; cognitive-22
behavioral programs; faith-based programs; inpatient and outpatient substance 23
abuse or mental health programs; and other available prevention and intervention 24
programs that have been scientifically proven to produce reductions in recidivism 25
when implemented competently. "Treatment" does not include medical services; 26
(45) "United States" includes territories, outlying possessions, and the District of 27 UNOFFICIAL COPY 23 RS BR 253
Page 21 of 25
XXXX 2/20/2023 6:04 PM Jacketed
Columbia; 1
(46) "Vacancy in office," or any equivalent phrase, means such as exists when there is 2
an unexpired part of a term of office without a lawful incumbent therein, or when 3
the person elected or appointed to an office fails to qualify according to law, or 4
when there has been no election to fill the office at the time appointed by law; it 5
applies whether the vacancy is occasioned by death, resignation, removal from the 6
state, county or district, or otherwise; 7
(47) "Violate" includes failure to comply with; 8
(48) "Will" includes codicils; "last will" means last will and testament; 9
(49) "Year" means calendar year; 10
(50) "City" includes town; 11
(51) Appropriation-related terms are defined as follows: 12
(a) "Appropriation" means an authorization by the General Assembly to expend, 13
from public funds, a sum of money not in excess of the sum specified, for the 14
purposes specified in the authorization and under the procedure prescribed in 15
KRS Chapter 48; 16
(b) "Appropriation provision" means a section of any enactment by the General 17
Assembly which is not provided for by KRS Chapter 48 and which authorizes 18
the expenditure of public funds other than by a general appropriation bill; 19
(c) "General appropriation bill" means an enactment by the General Assembly 20
that authorizes the expenditure of public funds in a branch budget bill as 21
provided for in KRS Chapter 48; 22
(52) "Mediation" means a nonadversarial process in which a neutral third party 23
encourages and helps disputing parties reach a mutually acceptable agreement. 24
Recommendations by mediators are not binding on the parties unless the parties 25
enter into a settlement agreement incorporating the recommendations; 26
(53) "Biennium" means the two (2) year period commencing on July 1 in each even-27 UNOFFICIAL COPY 23 RS BR 253
Page 22 of 25
XXXX 2/20/2023 6:04 PM Jacketed
numbered year and ending on June 30 in the ensuing even-numbered year; 1
(54) "Branch budget bill" or "branch budget" means an enactment by the General 2
Assembly which provides appropriations and establishes fiscal policies and 3
conditions for the biennial financial plan for the judicial branch, the legislative 4
branch, and the executive branch, which shall include a separate budget bill for the 5
Transportation Cabinet; 6
(55) "AVIS" means the automated vehicle information system established and 7
maintained by the Transportation Cabinet to collect titling and registration 8
information on vehicles and boats and information on holders of motor vehicle 9
operator's licenses and personal identification cards; 10
(56) "Cooperative," except in KRS Chapter 272, includes a limited cooperative 11
association; and 12
(57) "Unmanned aircraft system" means an aircraft that is operated without the 13
possibility of direct human interaction from within or on the aircraft and includes 14
everything that is on board or otherwise attached to the aircraft and all associated 15
elements, including communication links and the components that control the small 16
unmanned aircraft that are required for the safe and efficient operation of the 17
unmanned aircraft in the national airspace system. 18
Section 13. KRS 189.950 is amended to read as follows: 19
(1) No motor vehicle, except those designated under KRS 189.910 to 189.950 as 20
emergency vehicles, shall be equipped with, nor shall any person use upon a 21
vehicle, any siren, whistle, or bell. Any vehicle may be equipped with a theft alarm 22
signal device which shall be so arranged that it cannot be used as an ordinary 23
warning signal. 24
(2) No motor vehicle, except those designated under KRS 189.910 to 189.950 as 25
emergency vehicles, shall be equipped with, nor shall any person use upon a vehicle 26
any red or blue flashing, revolving, or oscillating light or place a red light on the 27 UNOFFICIAL COPY 23 RS BR 253
Page 23 of 25
XXXX 2/20/2023 6:04 PM Jacketed
front thereof. This subsection shall not apply to the use of red flashing lights on 1
school buses or to stop lights or turn signals at the rear of any motor vehicle. 2
(3) Except as otherwise provided for in this section, a person shall not illuminate a blue 3
light that is affixed to a motor vehicle while operating the motor vehicle on a 4
highway. This subsection shall not apply to: 5
(a) Any light on a motorcycle that is not affixed to the front of the motorcycle; or 6
(b) Nonhalogen headlamps that have a slight blue tint and meet United States 7
Department of Transportation regulations. 8
(4) No motor vehicle, except those designated under KRS 189.910 to 189.950 as public 9
safety vehicles, shall be equipped with, nor shall any person use upon any vehicle 10
any yellow flashing, revolving, or oscillating light. This subsection shall not apply 11
to the use of yellow lights for turn signals; or to emergency flasher lights for use 12
when warning the operators of other vehicles of the presence of a vehicular traffic 13
requiring the exercise of unusual care in approaching, overtaking, or passing; or to 14
vehicles operated by mail carriers while on duty; funeral escort vehicles and church 15
buses. 16
(5) Any person who is a regular or voluntary member of any fire department furnishing 17
fire protection for a political subdivision of the state or any person who is a regular 18
or voluntary member of a rescue squad may equip his or her vehicle with red 19
flashing, rotating, or oscillating lights and a siren, bell, or exhaust whistle if he or 20
she has first been given permission, in writing, to do so by the chief of the fire 21
department or rescue squad. He or she may use such lights and equipment only 22
while proceeding to the scene of a fire or other emergency or to a location where 23
another emergency vehicle is on emergency call in the performance of his or her 24
official duties as a member of a fire department or rescue squad. 25
(6) (a) Any constable[ meeting the requirements of KRS 70.325(2) may], upon 26
approval of the fiscal court in the county of jurisdiction, the legislative council 27 UNOFFICIAL COPY 23 RS BR 253
Page 24 of 25
XXXX 2/20/2023 6:04 PM Jacketed
of an urban-county government, or the legislative body of a consolidated local 1
government, equip vehicles used by said officer as emergency vehicles with 2
one (1) or more flashing, rotating or oscillating blue lights, visible under 3
normal atmospheric condition from a distance of five hundred (500) feet to 4
the front of such vehicle, and a siren, whistle or bell, capable of emitting a 5
sound audible under normal conditions from a distance of not less than five 6
hundred (500) feet. This equipment shall be in addition to any other 7
equipment required by the motor vehicle laws. Any constable authorized by 8
the fiscal court to utilize blue lights and a siren pursuant to this section shall 9
maintain at least the insurance described by KRS 304.39-110. 10
(b) 1. Any constable who has successfully completed a basic training course, 11
as established by KRS 15.440, at a school certified or recognized by the 12
Kentucky Law Enforcement Council, and who maintains his or her 13
certification as a peace officer pursuant to KRS 15.380 through his or 14
her term of office as a constable, may equip vehicles used by that officer 15
as emergency vehicles with one (1) or more flashing, rotating, or 16
oscillating blue lights, visible under normal atmospheric conditions from 17
a distance of five hundred (500) feet to the front of the vehicle, and a 18
siren, whistle, or bell, capable of emitting a sound audible under normal 19
conditions from a distance of not less than five hundred (500) feet. This 20
equipment shall be in addition to any other equipment required by the 21
motor vehicle laws. Any constable authorized to use blue lights and a 22
siren pursuant to this section shall maintain at least the insurance 23
described by KRS 304.39-110. 24
2. The fiscal court in the county of jurisdiction, the legislative council of 25
an urban-county government, or the legislative body of a consolidated 26
local government may revoke this authorization, if the fiscal court, the 27 UNOFFICIAL COPY 23 RS BR 253
Page 25 of 25
XXXX 2/20/2023 6:04 PM Jacketed
council, or the body determines an issue of public safety or abuse by the 1
constable. 2
(7) Any person who is a paid or voluntary member of any ambulance service furnishing 3
emergency medical services for a political subdivision of the state may equip his or 4
her vehicle with red flashing, rotating, or oscillating lights and a siren, bell, or 5
exhaust whistle if he or she has first been given permission, in writing, to do so by 6
the chief or director of the ambulance service. He or she may use such lights and 7
equipment only while proceeding to the scene of an emergency, a medical facility, 8
or to a location where another emergency vehicle is on emergency call in the 9
performance of his or her official duties as a member of the ambulance service. 10
Section 14. The following KRS section is repealed: 11
70.325 Powers and duties of constable. 12
Section 15. Whereas there is a pressing need for additional peace officer 13
protection in many parts of the Commonwealth, an emergency is declared to exist, and 14
this Act takes effect upon its passage and approval by the Governor or upon its otherwise 15
becoming a law. 16