UNOFFICIAL COPY 23 RS BR 475
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AN ACT relating to sheriffs. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 70 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Sheriff" means a duly elected or appointed sheriff in the Commonwealth 6
of Kentucky; 7
(b) "Deputy sheriff" means a deputy sheriff appointed pursuant to: 8
1. KRS 70.030; 9
2. KRS 70.045; or 10
3. KRS 70.263(3); 11
who is in precertification status or certification status, as defined in KRS 12
15.386, under the provisions of KRS 15.380 to 15.404; and 13
(c) "County of origin" means the county in which a sheriff or deputy sheriff 14
was elected or appointed. 15
(2) Sheriffs and deputy sheriffs shall have all law enforcement powers, privileges, 16
and immunities they possess in their county of origin when acting within the 17
scope of their duties in a county in this state other than their county of origin. 18
These powers and privileges shall include but not be limited to: 19
(a) Making arrests; 20
(b) Conducting investigations and searches, including undercover law 21
enforcement activities; 22
(c) Seizing property; 23
(d) Carrying firearms; 24
(e) Executing search and arrest warrants; 25
(f) Delivering subpoenas and summonses; and 26
(g) Performing any other authorized law enforcement activities as directed by 27 UNOFFICIAL COPY 23 RS BR 475
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the sheriff of the county other than their county of origin. 1
(3) (a) Sheriffs and deputy sheriffs may, when in the normal course of their duties 2
it becomes necessary, enter a county other than their county of origin to 3
exercise the powers and privileges set out in subsection (2) of this section; 4
and 5
(b) Any sheriff or deputy sheriff entering or preparing to enter a county to 6
perform law enforcement activities under this subsection shall, as soon as 7
practicable, notify the sheriff of the county or any other interested law 8
enforcement agency with jurisdiction in that county that he or she intends 9
to enter or has entered the county and intends to engage in, is engaging in, 10
or has engaged in law enforcement activities. 11
(4) A sheriff or deputy sheriff who is in a county in the state other than his or her 12
county of origin and who personally observes an incident requiring a law 13
enforcement response may exercise all the powers and privileges set out in 14
subsection (2) of this section. A sheriff or deputy sheriff shall, as soon as 15
practicable, notify the sheriff of the county or any other interested law 16
enforcement agency with jurisdiction in that county that he or she intends to 17
enter or has entered the county and intends to engage in, is engaging in, or has 18
engaged in law enforcement activities under this subsection. 19
(5) The notification required by subsections (3) and (4) of this section shall be 20
provided using: 21
(a) Written communication; 22
(b) Telephonic communication, including either landline or cellular 23
communication; 24
(c) Radio communication using the dispatch services of the sheriff's or deputy 25
sheriff's county of origin; or 26
(d) In person communication. 27 UNOFFICIAL COPY 23 RS BR 475
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Radio communications shall only be used in emergency conditions where other 1
forms of communication are impracticable or may increase the chances of injury 2
or death to persons or damage to property in proximity of the law enforcement 3
activities. 4
(6) If a sheriff or deputy sheriff fails to follow the notification requirements set out in 5
subsections (3)(b), (4), and (5) of this section, that failure shall not negate, 6
hinder, or otherwise affect the authority granted to the sheriff or deputy sheriff by 7
this section. However, if a sheriff or deputy sheriff fails to follow these 8
notification protocols and this failure is in contravention of his or her office's 9
protocols or other applicable protocols, the sheriff or deputy sheriff may be 10
subject to disciplinary action under those protocols. 11
(7) The sheriff, county attorney, or Commonwealth's attorney of the county where 12
the law enforcement activity occurred shall determine custody of persons 13
arrested, evidence, and any seized property in consultation with the sheriff or 14
deputy sheriff and county attorney or Commonwealth’s attorney of the county of 15
origin of the sheriff or deputy sheriff performing law enforcement activities 16
under this section. 17
(8) (a) A sheriff or deputy sheriff performing law enforcement activities in a 18
county other than their county of origin shall remain under the rank 19
structure and operating policies of his or her agency and shall extend 20
professional courtesy to law enforcement personnel in the county in which 21
he or she is performing law enforcement activities. 22
(b) If a sheriff or deputy is performing law enforcement activities in a county 23
other than his or her county of origin in a coordinated response with law 24
enforcement personnel of the county wherein the incident is occurring, a 25
law enforcement supervisor of the county wherein the incident is occurring 26
shall be in command. 27 UNOFFICIAL COPY 23 RS BR 475
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(9) Where in conflict with the provisions of this section, the provisions of a 1
memorandum of agreement, mutual aid compact, or interlocal agreement under 2
KRS 65.210 to 65.300 in effect prior to the effective date of this Act shall prevail. 3
Any memorandum of agreement, mutual aid compact, or interlocal agreement 4
under KRS 65.210 to 65.300 ratified on or after the effective date of this Act shall 5
comply with the provisions of this section. 6
Section 2. KRS 431.007 is amended to read as follows: 7
(1) A peace officer certified pursuant to KRS 15.380 to 15.404, who is directly 8
employed as a police officer by a Kentucky city, county, or urban-county 9
government and whose department meets the requirements of KRS 15.440 and a 10
sheriff, or deputy sheriff who has been certified pursuant to KRS 15.380 to 15.404, 11
who is officially requested by a law enforcement agency in another county in 12
Kentucky to assist in any matter within the jurisdiction of the requesting agency 13
shall possess, while responding to and for the duration of the matter for which the 14
request was made, the same powers of arrest in the requesting county as he or she 15
possesses in the county in which he or she is a police officer. 16
(2) The provisions of this section shall not: 17
(a) Authorize assistance in any labor dispute or strike; 18
(b) Authorize assistance by a constable or deputy constable; 19
(c) Authorize assistance by a special local peace officer; or 20
(d) Except as set out in Section 1 of this Act, authorize assistance by a special 21
deputy sheriff. 22