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AN ACT relating to workplace violence. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 3
READ AS FOLLOWS: 4
The General Assembly finds a compelling public interest in protecting workplaces from 5
workplace violence by providing employers with a voluntary option of seeking an order 6
of protection for a workplace when an employer or employee has been threatened with, 7
or has been the target of, workplace violence. 8
SECTION 2. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 9
READ AS FOLLOWS: 10
As used in Sections 1 to 9 of this Act: 11
(1) "Employee" means any person employed by or suffered or permitted to work for 12
an employer; 13
(2) "Employer" has the same meaning as in KRS 337.010; 14
(3) "Foreign protective order" means any judgment, decree, or order of protection 15
which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265; 16
(4) "Order of protection" means an emergency protective order or workplace 17
violence protective order and includes a foreign protective order; 18
(5) "Respondent" means a person or persons accused of engaging in the alleged act 19
or acts complained of in a petition; 20
(6) "Workplace" means any property that is owned, leased, or controlled by the 21
employer at which the employer's official business is conducted and at which one 22
(1) or more of the employer's employees perform their employment duties; and 23
(7) "Workplace violence" means knowingly causing or threatening to cause bodily 24
injury or significant damage to the property of an employer or employee while the 25
employee is performing his or her employment duties at a workplace. Threats 26
must be of a nature that would put a reasonable person in fear of imminent 27 UNOFFICIAL COPY 24 RS BR 1224
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danger. 1
SECTION 3. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 2
READ AS FOLLOWS: 3
(1) A petition for an order of protection may be filed by an employer or an attorney 4
acting with the authorization of the employer. 5
(2) Before seeking an order of protection, if the employer has knowledge that a 6
specific employee is the target of workplace violence, or has knowledge of a 7
current or former intimate or spousal relationship between the employee and the 8
person alleged to have committed workplace violence, the employer shall make a 9
good-faith effort to notify the employee that an order of protection is being sought 10
by the employer. 11
(3) The petition may be filed in the county of the workplace that is the target of 12
workplace violence or in which workplace violence is alleged to have occurred. 13
(4) The petition shall be verified and contain: 14
(a) The name and business address of the petitioner; 15
(b) The name and address of the person alleged to have committed workplace 16
violence; 17
(c) The facts and circumstances which constitute the basis for the petition; 18
(d) If the respondent is a current or former employee of the employer; and 19
(e) An acknowledgment that the notification described in subsection (2) of this 20
section has been made or a good-faith effort to make the notification has 21
been attempted. 22
(5) The petition shall be filed on a form prescribed by the Administrative Office of 23
the Courts and provided to the person seeking relief by the circuit clerk or by 24
another individual authorized by the court to provide and verify petitions in 25
emergency situations, such as law enforcement officers or Commonwealth's or 26
county attorneys. 27 UNOFFICIAL COPY 24 RS BR 1224
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(6) All petitions requested, completed, and signed by the employer or his or her 1
authorized attorney seeking protection under Sections 1 to 9 of this Act shall be 2
accepted and filed with the court. 3
(7) (a) Jurisdiction over petitions filed under this section shall be concurrent 4
between the District Court and Circuit Court, and a petition may be filed by 5
a petitioner in either court. 6
(b) The Court of Justice shall provide a protocol for twenty-four (24) hour 7
access to orders of protection in each county with any protocol, whether 8
statewide or local, being subject to Supreme Court review and approval of 9
the initial protocol and any subsequent amendments. 10
(c) The Court of Justice may authorize by rule that petitions in a specific 11
county be filed in accordance with a supplemental jurisdictional protocol 12
adopted for that county. This protocol may provide for petitions to be filed 13
in or transferred to a court other than those specified in paragraph (a) of 14
this subsection. 15
(8) If the judge of a court in which there is a pending request for modification or 16
enforcement of an existing order of protection is unavailable or unable to act 17
within a reasonable time, the proceedings may be conducted by any judge of the 18
county in accordance with court rules. 19
SECTION 4. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 20
READ AS FOLLOWS: 21
(1) (a) The court shall review a petition for an order of protection immediately 22
upon its filing. If the review indicates that workplace violence has occurred, 23
the court shall summon the parties to an evidentiary hearing not more than 24
fourteen (14) days in the future. If the review indicates that such a basis 25
does not exist, the court may consider an amended petition or dismiss the 26
petition without prejudice. 27 UNOFFICIAL COPY 24 RS BR 1224
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(b) Service of the summons and hearing order under this subsection shall be 1
made upon the respondent personally and may be made in the manner and 2
by the persons authorized to serve subpoenas in accordance with the 3
Kentucky Rules of Civil Procedure. A summons may be reissued if service 4
has not been made on the respondent by the fixed court date and time. 5
(2) (a) If the review under this section also indicates the presence of an immediate 6
and present danger of workplace violence, the court may, upon the filing of 7
the petition, issue ex parte an emergency order of protection that: 8
1. Authorizes relief in accordance with Section 6 of this Act; and 9
2. Expires upon the conclusion of the evidentiary hearing required by 10
this section unless extended or withdrawn by subsequent order of the 11
court. 12
(b) If an order is not issued under this subsection, the court shall note on the 13
record the reason for not issuing the order. 14
(3) If the court issues a summons and hearing order, or issues ex parte an emergency 15
order of protection, the employer shall make a good-faith effort to notify any 16
employee described in subsection (2) of Section 3 of this Act. 17
SECTION 5. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) Prior to or at a hearing on a petition for an order of protection, the court may 20
obtain the respondent's Kentucky criminal and protective order history and utilize 21
that information to assess what relief may protect against danger to the petitioner 22
or other persons for whom protection is being sought. The information obtained 23
shall be provided to the parties in accordance with the Kentucky Rules of Civil 24
Procedure. 25
(2) (a) If the respondent is not present at the hearing ordered pursuant to 26
subsection (1)(a) of Section 4 of this Act and has not been served, a 27 UNOFFICIAL COPY 24 RS BR 1224
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previously issued emergency order of protection shall remain in place, and 1
the court shall direct the issuance of a new summons for a hearing set not 2
more than fourteen (14) days in the future. If service has not been made on 3
the respondent before that hearing or a subsequent hearing, the emergency 4
order of protection shall remain in place, and the court shall continue the 5
hearing and issue a new summons with a new date and time for the hearing 6
to occur, which shall be within fourteen (14) days of the originally 7
scheduled date for the continued hearing. The court shall repeat the process 8
of continuing the hearing and reissuing a new summons until the 9
respondent is served in advance of the scheduled hearing. If service has not 10
been made on the respondent at least seventy-two (72) hours prior to the 11
scheduled hearing, the court may continue the hearing no more than 12
fourteen (14) days in the future. In issuing the summons, the court shall 13
simultaneously transmit a copy of the summons or notice of its issuance and 14
provisions to the petitioner. 15
(b) The provisions of this subsection permitting the continuance of an 16
emergency order of protection shall be limited to six (6) months from the 17
issuance of the emergency order of protection. If the respondent has not 18
been served within that period, the order shall be rescinded without 19
prejudice. Prior to the expiration of the emergency order of protection, the 20
court shall provide notice to the petitioner stating that, if the petitioner does 21
not file a new petition, the order shall be rescinded without prejudice. 22
(3) If an employee is participating in the order of protection filing process or 23
attending hearings as part of that process at the request of an employer, the 24
employer shall not require the employee to use any paid or unpaid leave to which 25
he or she is entitled. 26
SECTION 6. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 27 UNOFFICIAL COPY 24 RS BR 1224
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READ AS FOLLOWS: 1
(1) Following a hearing ordered under subsection (1) of Section 4 of this Act, if a 2
court finds by clear and convincing evidence that workplace violence has 3
occurred and may again occur, the court may issue an order of protection 4
restraining the respondent from: 5
(a) Committing further acts of workplace violence; 6
(b) Threatening the petitioner or an employee of the petitioner while 7
performing the employee's duties in the workplace; or 8
(c) Going to or within a specified distance of the petitioner's workplace as 9
specifically described by the court. 10
Nothing in this subsection shall be interpreted to place any restriction or restraint 11
on the petitioner. 12
(2) An order of protection shall be effective for a period of time fixed by the court, 13
not to exceed three (3) years, and may be reissued upon expiration for subsequent 14
periods of up to three (3) years each. The fact that an order has not been violated 15
since its issuance may be considered by a court in hearing a request for a 16
reissuance of the order. 17
(3) If the court issues an order of protection, the employer shall make a good-faith 18
effort to notify any employee described in subsection (2) of Section 3 of this Act. 19
SECTION 7. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 20
READ AS FOLLOWS: 21
(1) An order of protection shall become effective and binding on the respondent 22
when the respondent is given notice of the existence and terms of the order by a 23
peace officer or the court or upon personal service of the order, whichever is 24
earlier. A peace officer or court giving notice of an unserved order shall make all 25
reasonable efforts to arrange for the order's personal service upon the 26
respondent. Once effective, a peace officer or the court may enforce the order's 27 UNOFFICIAL COPY 24 RS BR 1224
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terms and act immediately upon its violation. 1
(2) Costs, fees, or bond shall not be assessed against or required of a petitioner for 2
any filing, hearing, service, or order authorized by or required to implement 3
Sections 1 to 9 of this Act. 4
(3) (a) If a petition under Section 3 of this Act did not result in the issuance of an 5
order of protection under Section 6 of this Act, the court in which the 6
petition was heard may, for good cause shown, order the expungement of 7
the records of the case if: 8
1. Six (6) months have elapsed since the case was dismissed; and 9
2. During the six (6) months preceding the expungement request, the 10
respondent has not been bound by an order of protection issued for 11
the protection of any person or workplace. 12
(b) As used in this subsection, "expungement" has the same meaning as in KRS 13
431.079. 14
SECTION 8. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) Violation of the terms or conditions of an order of protection after the person has 17
been served or given notice of the order shall constitute contempt of court and a 18
criminal offense under this section. Once a criminal or contempt proceeding has 19
been initiated, the other shall not be undertaken regardless of the outcome of the 20
original proceeding. 21
(2) (a) Court proceedings for contempt of court for a violation of an order of 22
protection shall be held in the county where the order was issued or filed. 23
(b) Court proceedings for a criminal violation of an order of protection shall 24
follow the rules of venue applicable to criminal cases generally. 25
(3) Nothing in this section shall preclude the Commonwealth from prosecuting and 26
convicting the respondent of criminal offenses other than a violation of an order 27 UNOFFICIAL COPY 24 RS BR 1224
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of protection. 1
(4) (a) A person is guilty of a violation of an order of protection when he or she 2
intentionally violates the provisions of an order of protection after the 3
person has been served or given notice of the order. 4
(b) Violation of an order of protection is a Class A misdemeanor. 5
SECTION 9. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) Nothing in Sections 1 to 9 of this Act shall: 8
(a) Be construed as creating a duty of care on the part of an employer to 9
petition a court for an order of protection; 10
(b) Modify the obligations of employers and employees set forth in KRS 11
338.031, except that nothing in Sections 1 to 9 of this Act shall obligate an 12
employer to petition a court for an order of protection; or 13
(c) Be construed to prohibit an employee from petitioning a court for an order 14
of protection under KRS Chapter 403 or KRS Chapter 456. 15
(2) The Department of Workplace Standards shall not consider an employer's 16
decision not to petition a court for an order of protection to be a violation of KRS 17
338.031. 18
Section 10. KRS 336.130 is amended to read as follows: 19
(1) Employees may, free from restraint or coercion by the employers or their agents, 20
associate collectively for self-organization and designate collectively 21
representatives of their own choosing to negotiate the terms and conditions of their 22
employment to effectively promote their own rights and general welfare. 23
Employees, collectively and individually, may strike, engage in peaceful picketing, 24
and assemble collectively for peaceful purposes, except that no public employee, 25
collectively or individually, may engage in a strike or a work stoppage. Nothing in 26
this statute and KRS 65.015, 67A.6904, 67C.406, 70.262, 78.470, 78.480, 336.132, 27 UNOFFICIAL COPY 24 RS BR 1224
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336.134, 336.180, 336.990, and 345.050 shall be construed as altering, amending, 1
granting, or removing the rights of public employees to associate collectively for 2
self-organization and designate collectively representatives of their own choosing to 3
negotiate the terms and conditions of their employment to effectively promote their 4
own rights and general welfare. 5
(2) Neither employers or their agents nor employees or associations, organizations or 6
groups of employees shall engage or be permitted to engage in unfair or illegal acts 7
or practices or resort to violence, intimidation, threats or coercion. 8
(3) (a) Notwithstanding subsection (1) of this section or any provision of the 9
Kentucky Revised Statutes to the contrary, no employee shall be required, as a 10
condition of employment or continuation of employment, to: 11
1. Become or remain a member of a labor organization; 12
2. Pay any dues, fees, assessments, or other similar charges of any kind or 13
amount to a labor organization; or 14
3. Pay to any charity or other third party, in lieu of these payments, any 15
amount equivalent to or pro rata portion of dues, fees, assessments, or 16
other charges required of a labor organization. 17
(b) As used in this subsection, the term "employee" means any person employed 18
by or suffered or permitted to work for a public or private employer. 19
(4) The secretary of the Education and Labor Cabinet or his or her representative shall 20
investigate complaints of violations or threatened violations of subsection (3) of this 21
section and may initiate enforcement of a criminal penalty by causing a complaint 22
to be filed with the appropriate local prosecutor and ensure effective enforcement. 23
(5) Except in instances where violence, workplace violence, personal injury, or damage 24
to property have occurred and such occurrence is supported by an affidavit or a 25
petition seeking an order of protection setting forth the facts and circumstances 26
surrounding such incidents, the employees and their agents shall not be restrained 27 UNOFFICIAL COPY 24 RS BR 1224
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or enjoined from exercising the rights granted them in subsection (1) of this section 1
without a hearing first being held, unless the employees or their agents are engaged 2
in a strike in violation of a "no strike" clause in their labor contract. 3
(6) Submission of a false affidavit or a petition for an order of protection concerning 4
violence, workplace violence, personal injury, or damage to property shall 5
constitute a violation of KRS 523.030. In the absence of any such affidavit or 6
petition alleging violence, workplace violence, personal injury, or damage 7
injunctions shall be issued only by a Circuit Judge or other justice or judge acting as 8
a Circuit Judge pursuant to law, except for an order of protection issued in 9
accordance with Section 3 of this Act. 10
Section 11. If any provision of Section 9 of this Act is held to be 11
unconstitutional or invalid, that provision shall not be severable and the entirety of this 12
Act shall be invalidated, because it is the intention of the General Assembly that the 13
provisions of Section 9 of this Act are so essentially and inseparably connected with and 14
dependent upon every other provision of this Act that Sections 1 to 8 and 10 of this Act 15
would not have been enacted without the inclusion of Section 9 of this Act. 16
Section 12. This Act takes effect on March 1, 2025. 17