CHAPTER 67
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CHAPTER 67
( SB 319 )
AN ACT relating to victims of crime.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 49.280 is amended to read as follows:
As used in KRS 49.270 to 49.490[, unless the context otherwise requires]:
(1) "Child" means any person less than eighteen (18) years of age;
(2) "Claimant" means any of the following claiming compensation under KRS 49.270 to 49.490: a victim, a
dependent of a deceased victim, a third person other than a collateral source, or an authorized person acting on
behalf of any of them who is legally responsible for the expenses incurred by the victim as a result of the crime
committed against the victim;
(3) "Criminally injurious conduct" means conduct that occurs or is attempted in this jurisdiction, poses a
substantial threat of personal physical or psychological injury or death, and is punishable by fine,
imprisonment, or death. Criminally injurious conduct shall include an act of terrorism, as defined in 18 U.S.C.
sec. 2331, committed outside of the United States against a resident of Kentucky. Acts which, but for the
insanity or mental irresponsibility or lack of capacity of the perpetrator, would constitute criminal conduct
shall be deemed to be criminally injurious conduct. The operation of a motor vehicle, motorcycle, train, boat,
aircraft, or other vehicle in violation of law does not constitute a criminally injurious conduct unless the injury
or death was intentionally inflicted, involved a violation of KRS 189A.010, driving under the influence, [or
]involved the operator of a vehicle in an accident who did not stop and disclose his or her identity as required
by KRS 189.580, or involved the operator of a vehicle in an accident who acted recklessly or with
wantonness;
(4) "Family," when used with reference to a person, means[shall mean]:
(a) The person's spouse;
(b) Any person related to the[such] person within the second[third] degree of consanguinity;
(c)[(b)] Any person maintaining a sexual relationship with the[such] person; [or]
(d)[(c)] Any person residing in the same household with the[such] person; or
(e) Any stepchild, stepparent, stepbrother, or stepsister; and
(5) (a) "Victim" means a [needy ]person who suffers personal physical or psychological injury or death from a
criminal act in Kentucky as a result of:
1. Criminally injurious conduct;
2. A good-faith effort to prevent criminally injurious conduct; or
3. A good-faith effort to apprehend a person reasonably suspected of engaging in criminally
injurious conduct.
(b) "Victim" shall also mean a resident who is a victim of a crime occurring outside this state if:
1. The crime would be compensable had it occurred inside this state; and
2. The crime occurred in a state which does not have a crime victim compensation program, for
which the victim is eligible as eligibility is set forth in KRS 49.310.
(c) "Victim" shall also mean a resident of this state who is injured or killed by an act of terrorism, as
defined in 18 U.S.C. sec. 2331, committed outside the United States.
Section 2. KRS 49.300 is amended to read as follows:
In addition to the powers and authority outlined in KRS 49.020, the Crime Victims Compensation Board has the
power and duty to[shall have the following powers and duties]: ACTS OF THE GENERAL ASSEMBLY 2
(1) [To ]Promulgate, amend, and repeal suitable administrative regulations to carry out the provisions and
purposes of KRS 49.270 to 49.490, including administrative regulations for the approval of attorney's fees for
representation before the board or upon judicial review;
(2) [To ]Hear and determine all matters relating to claims for compensation, and the power to reinvestigate or
reopen claims without regard to statutes of limitations;
(3) [To ]Request from prosecuting attorneys and law enforcement officers investigations and data to enable the
board to determine whether, and the extent to which, a claimant qualifies for compensation. The statute
providing confidentiality for juvenile session of District Court records does not apply to proceedings under
KRS 49.270 to 49.490;
(4) [To ]Hold hearings in accordance with the provisions of KRS Chapter 13B. The powers provided in this
subsection may be delegated by the board to any member or employee thereof. If necessary to carry out any of
its powers and duties, the board may petition any Circuit Court for an order;
(5) Upon the filing of an application by a claimant,[ to] negotiate binding fee settlements with the providers of
services to claimants that may be eligible for an award under KRS 49.370(2)[(3)];
(6) [To ]Make available for public inspection all board decisions and opinions, administrative regulations, written
statements of policy, and interpretations formulated, promulgated, or used by it in discharging its functions.
Materials made available pursuant to this subsection shall be edited to remove personal identifying
information of any victim. Materials made available pursuant to this subsection after the effective date of
this Act shall be made available on the board's website;
(7) [To ]Publicize widely the availability of reparations, the availability of emergency awards, and information
regarding the claims therefor;[ and]
(8) [To ]Make an annual report, by January 1 of each year, of its activities for the preceding fiscal year to the
Office of the State Budget Director and to the Legislative Research Commission for referral to the Interim
Joint Committee on Appropriations and Revenue. Each annual[such] report shall set forth a complete
operating and financial statement covering its operations during the year[.];
(9) Create an electronic application process on its website, with explanatory materials and easily understood
forms;
(10) Notify all applicants of their right to counsel;
(11) Ensure that its forms and published materials are clear, easily understandable, and available in a variety of
formats and languages to maximize the accessibility of the compensation process;
(12) By August 1, 2025, create and implement a tracking process for claims filed with the board. The tracking
process shall include a public portal allowing victims to access the system; and
(13) By August 1, 2025, and annually thereafter, report to the Governor and to the Legislative Research
Commission for referral to the Interim Joint Committee on Judiciary the number and percentage of cases
in which the timeframes established in subsection (2) of Section 5 of this Act and in subsection (3) of
Section 7 of this Act were not met.
Section 3. KRS 49.310 is amended to read as follows:
(1) Except as provided in subsection[subsections] (2)[ and (3)] of this section, the following persons shall be
eligible for awards pursuant to KRS 49.270 to 49.490:
(a) A victim of criminally injurious conduct;
(b) A surviving family member or personal representative[spouse, parent, or child] of a victim of
criminally injurious conduct who died as a direct result of the[such] conduct;
(c) Any other person dependent for his or her principal support upon a victim of criminally injurious
conduct who died as a direct result of the[such] crime;[ and]
(d) Any person who is legally responsible for the medical expenses or funeral expenses of a victim; and
(e) Any person acting as the primary caregiver for a victim of criminally injurious conduct.
(2) No victim or dependent shall be denied compensation solely because he or she is a relative of the offender or
was living with the offender as a family or household member at the time of the injury or death. However, the
Crime Victims Compensation Board may award compensation to a victim or dependent who is a relative, CHAPTER 67
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family, or household member of the offender only if the board can reasonably determine the offender will not
receive significant economic benefit or unjust enrichment from the compensation.
[(3) No compensation of any kind shall be awarded when injury occurred while the victim was confined in any
state, county, urban-county, or city jail, prison, or other correctional facility, or any state institution maintained
and operated by the Cabinet for Health and Family Services.]
Section 4. KRS 49.330 is amended to read as follows:
(1) A claim form may be filed by a person eligible to receive an award, as provided in KRS 49.310 or, if the[such]
person is a minor, by his or her parent or guardian.
(2) [A claim form must be filed by the claimant not later than five (5) years after the occurrence of the criminally
injurious conduct upon which such claim is based, or not later than five (5) years after the death of the victim;
provided, however, that upon good cause shown, the Crime Victims Compensation Board may extend the time
for filing if, in a particular case, the interest of justice so requires.
(3) ]Claims shall be filed with the board in accordance with the administrative regulations promulgated by the
board. [Only printed claim forms supplied by the board shall be accepted. ]The board shall accept for filing all
claims submitted by persons eligible under subsection (1) of this section and alleging the jurisdiction
requirements set forth in KRS 49.270 to 49.490 and meeting the requirements as to form in the
administrative[rules and] regulations of the board.
(3)[(4)] Upon filing of a claim pursuant to KRS 49.270 to 49.490, the board shall promptly notify the United
States attorney, [(]if a federal offense is involved[)], the Commonwealth's attorney or county attorney of the
county wherein the crime is alleged to have occurred.[ If, within ten (10) days after such notification, such
United States attorney, Commonwealth's attorney, or county attorney advises the board that a criminal
prosecution is pending upon the same alleged crime and requests that action by the board be deferred, the
board shall defer all proceedings under KRS 49.270 to 49.490 until such time as such criminal prosecution has
been concluded, and shall so notify such United States attorney, Commonwealth's or county attorney, and the
claimant. When such criminal prosecution has been concluded, such United States attorney, Commonwealth's
or county attorney shall promptly so notify the board. Nothing in this section shall limit the authority of the
board to grant emergency awards pursuant to KRS 49.360]
(4) No claim may be filed by, or on behalf of, a person currently confined in any correctional facility, or any
state institution maintained and operated by the Cabinet for Health and Family Services.
Section 5. KRS 49.340 is amended to read as follows:
(1) A claim, when accepted for filing, shall be assigned by the executive director of the Office of Claims and
Appeals to an investigator for investigation. All claims arising from the death of an individual as a direct result
of a crime shall be considered together.
(2) The investigator to whom a[such] claim is assigned shall examine the papers filed in support of the claim and
the validity of the claim. The investigation shall include but not be limited to an examination of police, court,
and official records and reports concerning the crime. On or after July 1, 2025, the investigator's report shall
be completed within one hundred twenty (120) days of the assignment of the claim. On or after July 1, 2026,
the investigator's report shall be completed within ninety (90) days of the assignment of the claim. If the
report is not completed within the time required under this subsection, the investigator shall notify the
claimant of the reason for the delay.
(3) If the mental, physical, or emotional condition of a victim or claimant is material to a claim, the board may
order the victim or claimant to submit to a mental or physical examination by a physician or psychiatrist, and
may order an autopsy of a deceased victim. A report upon an examination shall be filed with the investigator
setting out findings, including results of all tests made, diagnosis, prognosis, and other conclusions.
(4) [For purposes of KRS 49.270 to 49.490, there is no privilege, except privileges arising from the attorney-client
relationship, as to communications or records relevant to an issue of the physical, mental, or emotional
condition of the claimant or victim in a proceeding under KRS 49.270 to 49.490 in which that condition is an
element.
(5) ]Claims shall be investigated and determined, regardless of whether the alleged criminal has been apprehended
or prosecuted for or convicted of any crime based upon the same incident, or has been acquitted, or found not
guilty of the crime in question owing to criminal irresponsibility or other legal exemption. ACTS OF THE GENERAL ASSEMBLY 4
(5)[(6)] Upon completion of the investigator's report, the claim shall be assigned to a board member who may
decide the claim in favor of a claimant in the amount claimed on the basis of the papers filed in support thereof
and the report of the investigation of the claim within thirty (30) days of the assignment of the claim. If the
board member is unable to decide the claim upon the basis of the documents and the report, a hearing shall be
ordered.
(6)[(7)] The hearing shall be conducted in accordance with KRS Chapter 13B and may be held at any location
within the Commonwealth, with a view to securing opportunity for crime victims to appear before it with as
little inconvenience and expense as practicable. When any member of the board is attending hearings at any
place other than Frankfort, Kentucky, expenses necessarily incurred in the performance of that[such] duty
shall be paid by the state upon certification by the executive director of the Office of Claims and Appeals of an
itemized statement of [such ]expenses in accordance with Finance and Administration Cabinet administrative
regulations.
(7)[(8)] After examining the papers filed in support of the claim and the report of investigation, and after a
hearing, if any, the board member to whom the claim was assigned shall issue a recommended order either
granting an award pursuant to KRS 49.370 or deny the claim. The board shall review the recommended order
and any exceptions filed to it, and shall by majority vote issue a final order.
(8)[(9)] A final order of the board may be appealed by filing a petition for judicial review in the county where
the claim accrued or in Franklin Circuit Court in accordance with KRS Chapter 13B.
Section 6. KRS 49.350 is amended to read as follows:
Following the initial filing of a claim, if a claimant or victim does not take any[such] further steps as may be
necessary to support or perfect the claim as may be required by the Crime Victims Compensation Board within
ninety (90)[thirty (30)] days after a[such] requirement is made by the board, the claimant or victim shall be deemed
in default. In a[such] case in default, the board may[shall] dismiss the claim with leave to refile. A claimant or
victim may revive the claim at any time by submitting a response to the requirement made by the board[summarily
deny the claim and the claimant or victim shall be forever barred from reasserting the claim. The board may remit
such proceedings on good cause shown that the failure to take the steps required by the board was totally and
completely beyond the control of the claimant or victim].
Section 7. KRS 49.360 is amended to read as follows:
(1) Notwithstanding the provisions of KRS 49.340, if it appears to the Crime Victims Compensation Board
member to whom a claim is assigned, prior to taking action upon the[such] claim, that:
(a) The[Such] claim is one with respect to which an award probably will be made; and
(b) Undue hardship will result to the claimant if immediate payment is not made;
emergency payment under subsection (2) of this section may be made.
(2) Upon[ such] findings under subsection (1) of this section, the board member may make an emergency award to
the claimant pending a final decision in the case provided that:
(a) The amount of an[such] emergency award shall not exceed one thousand dollars ($1,000)[five hundred
dollars ($500)];
(b) The amount of an[such] emergency award shall be deducted from any final award made to the
claimant; and
(c) The excess of the amount of an[such] emergency award over the amount of the final award, or the full
amount of the emergency award if no final award is made, shall be repaid by the claimant to the board.
(3) A decision to make an emergency award pursuant to this section shall be made within two (2) weeks of the
receipt of the claim by the Crime Victims Compensation Board.
Section 8. KRS 49.370 is amended to read as follows:
(1) No award shall be made unless the Crime Victims Compensation Board or board member, as the case may be,
finds that:
(a) Criminally injurious conduct occurred; and
(b) The[Such] criminally injurious conduct resulted in personal physical or psychological injury to, or
death of, the victim[; and CHAPTER 67
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(c) Police or court records show that such crime was promptly reported to the proper authorities; and in no
case may an award be made where the police or court records show that such report was made more
than forty-eight (48) hours after the occurrence of such crime unless the board, for good cause shown,
finds the delay to have been justified].
(2) [Except for claims related to sexual assault, human trafficking, and domestic violence, the board upon finding
that the claimant or victim has not fully cooperated with appropriate law enforcement agencies shall deny,
reconsider, or reduce an award.
(3) ]Any award made pursuant to KRS 49.270 to 49.490 shall be in an amount not exceeding out-of-pocket
expenses, including loss of earnings or support resulting from the injury on which the claim is based and
indebtedness reasonably incurred for medical or other services, including:
(a) For the victim and for any child who is the victim's dependent, when the crime was committed at the
primary residence of the victim:
1. Relocation if the victim is moving from one (1) primary residence to another due to concern
for the safety of themselves or other persons at the residence as a result of a crime within six
(6) months of the crime, not to exceed two thousand dollars ($2,000). The board may, in its
discretion, allow relocation expenses incurred after six (6) months; and
2. Temporary housing costs incurred within thirty (30) days of the crime, when the victim is
unable to stay in the primary residence due to the crime, not to exceed two thousand dollars
($2,000);
(b) Tattoo removal for victims of human trafficking, not to exceed four thousand dollars ($4,000);
(c) Crime scene cleanup within thirty (30) days of the crime when the crime was committed at the
primary residence or business of the victim, not to exceed two thousand dollars ($2,000);
(d) Reimbursement for the replacement of items owned by the victim and for any child who is the
victim's dependent that were seized by law enforcement as evidence of the commission of the crime,
not to exceed five hundred dollars ($500) per item;
(e) Replacement or repair of windows and locks at the primary residence or business of the victim which
were damaged by the commission of the crime, not to exceed one thousand five hundred dollars
($1,500);
(f) Rehabilitative or wellness practices recommended by a healthcare provider, engaged in by the victim
and any juveniles dependent upon the victim due to the crime, not to exceed one thousand dollars
($1,000) per year per person, for a maximum of two (2) years;
(g) Expenses related to court proceedings related to the crime for a victim or for a victim's caregiver;
(h) Mental health counseling, necessary as a result of the injury upon which the claim is based[, together
with loss of earnings or support resulting from such injury]. Mental health counseling:
1. Shall be paid for a maximum of two (2) years, but only after proper documentation is submitted
to the board stating what treatment is planned and for what period of time.
2. Need not be for a consecutive period and may be paused and resumed at a later time;[the board
shall have the power to discontinue payment of mental health counseling at any time within the
two (2) year period.]
(i) Replacement of eyeglasses and other corrective lenses [shall be included in an award, provided they
were ]stolen, destroyed, or damaged during the crime; and
(j) The board may promulgate administrative regulations to establish additional guidelines for awards
pursuant to this section.
(3)[(4)] Any award made for loss of earnings or financial support may be considered for a claimant who has
loss of support or wages due to the crime for which the claim is filed. Unless reduced pursuant to other
provisions of KRS 49.270 to 49.490, the award shall be equal to net earnings at the time of the criminally
injurious conduct; however, no[ such] award under this subsection shall exceed five hundred dollars
($500)[three hundred dollars ($300)] for each week of lost earnings or financial support. The wage earner or
source of support must have been employed or paying support at the time the crime occurred. Said ACTS OF THE GENERAL ASSEMBLY 6
employment or support shall be verified by the staff of the board after information is provided by the claimant
or victim. Should the claimant or victim fail to supply the board with the information requested, the portion of
the claim for lost wages or support shall be denied. If there are two (2) or more persons entitled to an award as
a result of the injury or death of a person which is the direct result of criminally injurious conduct, the award
shall be apportioned by the board among the claimants.
(4)[(5)] The board is authorized to set a reasonable limit for the payment of funeral and burial expenses, which
shall include funeral costs, a monument, and grave plot. In no event shall an award for funeral expenses
exceed ten thousand dollars ($10,000)[seven thousand five hundred dollars ($7,500)].
(5)[(6)] Any award made under KRS 49.270 to 49.490 shall not exceed fifty thousand dollars ($50,000)[thirty
thousand dollars ($30,000)] in total compensation to be received by or paid on behalf of a claimant from the
fund.
(6)[(7)] An[No] award shall not be made for any type of property loss or damage, except as otherwise permitted
in KRS 49.270 to 49.490.
(7) An award may be made for a claim filed more than ten (10) years after the criminally injurious conduct,
due to a delay in the testing of or DNA profile matching from a sexual assault forensic examination kit or
biological material collected as evidence related to a sexual offense, in which case the victim may collect a
lump sum in the amount of five thousand dollars ($5,000) to cover the victim's out-of-pocket expenses
incurred due to the crime which may not be provable due to the delay.
Section 9. KRS 49.390 is amended to read as follows:
(1) Any award made pursuant to KRS 49.270 to 49.490 shall be reduced by the amount of any payments received
or to be received by the claimant as a result of the injury from the following sources:
(a) From or on behalf of the person who committed the crime;
(b) Under insurance programs mandated by law;
(c) From public funds;
(d) Under any contract of insurance wherein the claimant is the insured or beneficiary;
(e) As an emergency award pursuant to KRS 49.360; and
(f) From donations made on behalf of the victim or claimant toward expenses incurred as a result of the
crime.
(2) The board may deny, reconsider, or reduce an award if the board finds that, in relation to the criminally
injurious conduct alleged in the claim, the victim or claimant:
(a) Has been charged with a criminal offense;
(b) Has been offered immunity from prosecution in exchange for testimony;
(c) Knowingly participated in the conduct; or
(d) Engaged in conduct which may constitute mutual aggression with another person[In determining the
amount of an award, the Crime Victims Compensation Board or board member shall determine
whether, because of his or her conduct, the claimant or the victim of such crime contributed to the
infliction of the victim's injury, and shall reduce the amount of the award or reject the claim altogether,
in accordance with such determination; however, the board or board member may disregard for this
purpose the responsibility of the claimant or the victim for the victim's injury where the record shows
that such responsibility was attributable to efforts by the claimant or victim to prevent a crime or an
attempted crime from occurrence in his or her presence or to apprehend a person who had committed a
crime in his or her presence or had in fact committed a felony. The board or board members may
request that either the county attorney or Commonwealth's attorney or both state whether in their
opinion, the victim suffered injuries as the result of a crime and has cooperated with the prosecution and
law enforcement authorities. The board or board member shall not be bound by such opinions and
recommendations and if needed may order a further investigation of the claim.
(3) The board or board member may consider whether the victim's injuries were the ordinary and foreseeable
result of unlawful and criminal activities in determining the claimant's eligibility for an award. If the board or
board member finds that the claimant will not suffer serious financial hardship if not granted financial
assistance pursuant to KRS 49.270 to 49.490, the board or board member shall deny an award. In determining CHAPTER 67
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such serious financial hardship, the board or board member shall consider all of the financial resources of the
claimant. The board shall establish specific standards by rule for determining such serious financial hardships].
Section 10. KRS 49.400 is amended to read as follows:
Any person who procures or attempts to procure compensation with the Crime Victims Compensation Board by
intentionally filing [false ]information he or she knows to be false shall have the claim denied and be forever barred
from filing a claim with this board.
Section 11. KRS 216B.400 is amended to read as follows:
(1) Where a person has been determined to be in need of emergency care by any person with admitting authority,
the[no such] person shall not be denied admission by reason only of his or her inability to pay for services to
be rendered by the hospital.
(2) Every hospital of this state which offers emergency services shall provide that a physician, a sexual assault
nurse examiner, who shall be a registered nurse licensed in the Commonwealth and credentialed by the
Kentucky Board of Nursing as provided under KRS 314.142, or another qualified medical professional, as
defined by administrative regulation promulgated by the Justice and Public Safety Cabinet in consultation with
the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707, is available on call
twenty-four (24) hours each day for the examinations of persons seeking treatment as victims of sexual
offenses as defined by KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120,
510.130, 510.140, 530.020, 530.064(1)(a), and 531.310.
(3) An examination provided in accordance with this section of a victim of a sexual offense may be performed in a
sexual assault examination facility as defined in KRS 216B.015. An examination under this section shall apply
only to an examination of a victim.
(4) The physician, sexual assault nurse examiner, or other qualified medical professional, acting under a statewide
medical forensic protocol which shall be developed by the Justice and Public Safety Cabinet in consultation
with the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707, and promulgated by
the secretary of justice and public safety pursuant to KRS Chapter 13A shall, upon the request of any peace
officer or prosecuting attorney, and with the consent of the victim, or upon the request of the victim, examine
the victim[such person] for the purposes of providing basic medical care relating to the incident and gathering
samples that may be used as physical evidence. This examination shall include but not be limited to:
(a) Basic treatment and sample gathering services; and
(b) Laboratory tests, as appropriate.
(5) Each victim shall be informed of available services for treatment of sexually transmitted infections, pregnancy,
and other medical and psychiatric problems. Pregnancy counseling shall not include abortion counseling or
referral information.
(6) Each victim shall be informed of available crisis intervention or other mental health services provided by
regional rape crisis centers providing services to victims of sexual assault.
(7) Notwithstanding any other provision of law, a minor may consent to examination under this section. This
consent is not subject to disaffirmance because of minority, and consent of the parents or guardians of the
minor is not required for the examination.
(8) (a) The examinations provided in accordance with this section and other services provided to a victim
pursuant to subsection (9) of this section shall be paid for by the Crime Victims Compensation Board
at a rate to be determined by the administrative regulation promulgated by the board after consultation
with the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707. Payment for
services rendered pursuant to subsection (9) of this section shall be made at a rate not to exceed the
Medicaid reimbursement rate for the same or similar services.
(b) Upon receipt of a completed claim form supplied by the board and an itemized billing for a forensic
sexual assault examination or related services that are within the scope of practice of the respective
provider and were performed no more than twelve (12) months prior to submission of the form, the
board shall reimburse the hospital or sexual assault examination facility, pharmacist, health department,
physician, sexual assault nurse examiner, or other qualified medical professional as provided in
administrative regulations promulgated by the board pursuant to KRS Chapter 13A. Reimbursement
shall be made to an out-of-state nurse who is credentialed in the other state to provide sexual assault ACTS OF THE GENERAL ASSEMBLY 8
examinations, an out-of-state hospital, or an out-of-state physician if the sexual assault occurred in
Kentucky.
(c) Independent investigation by the Crime Victims Compensation Board shall not be required for payment
of claims under this section; however, the board may require additional documentation or proof that the
forensic medical examination was performed.
(9) When an examination of a victim of a sexual offense is provided in accordance with this section, no charge
shall be made to the victim[ for sexual assault examinations] by the hospital, the sexual assault examination
facility, the physician, the pharmacist, the health department, the sexual assault nurse examiner, other qualified
medical professional, the victim's insurance carrier, or the Commonwealth for:
(a) Sexual assault examinations, whether or not the exam is completed;
(b) Prophylactic medical treatment;
(c) Strangulation assessments; or
(d) Other medical tests or services, including triage and ambulance expenses, related to the incident,
exam, or treatment which occur on the same date as the original exam.
(10) (a) Each victim shall have the right to determine whether a report or other notification shall be made to law
enforcement, except where reporting of abuse and neglect of a child or a vulnerable adult is required, as
set forth in KRS 209.030 and 620.030. No victim shall be denied an examination, or billed in violation
of subsection (9) of this section, because the victim chooses not to file a police report, cooperate with
law enforcement, or otherwise participate in the criminal justice system.
(b) If the victim chooses to report to law enforcement, the hospital shall notify law enforcement within
twenty-four (24) hours.
(c) 1. All samples collected during an exam where the victim has chosen not to immediately report to
law enforcement shall be stored, released, and destroyed, if appropriate, in accordance with an
administrative regulation promulgated by the Justice and Public Safety Cabinet in consultation
with the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707.
2. Facilities collecting samples pursuant to this section may provide the required secure storage,
sample destruction, and related activities, or may enter into agreements with other agencies
qualified to do so, pursuant to administrative regulation.
3. All samples collected pursuant to this section shall be stored for at least one (1) year from the
date of collection in accordance with the administrative regulation promulgated pursuant to this
subsection.
4. Notwithstanding KRS 524.140, samples collected during exams where the victim chose not to
report immediately or file a report within one (1) year after collection may be destroyed as set
forth in accordance with the administrative regulation promulgated pursuant to this subsection.
The victim shall be informed of this process at the time of the examination. No hospital, sexual
assault examination facility, or designated storage facility shall be liable for destruction of
samples after the required storage period has expired.
Section 12. KRS 216B.990 is amended to read as follows:
(1) Any person who, in willful violation of this chapter, operates a health facility or abortion facility without first
obtaining a license or continues to operate a health facility or abortion facility after a final decision suspending
or revoking a license shall be fined not less than five hundred dollars ($500) nor more than ten thousand
dollars ($10,000) for each violation.
(2) Any person who, in willful violation of this chapter, acquires major medical equipment, establishes a health
facility, or obligates a capital expenditure without first obtaining a certificate of need, or after the applicable
certificate of need has been withdrawn, shall be fined one percent (1%) of the capital expenditure involved but
not less than five hundred dollars ($500) for each violation.
(3) Any health care provider or hospital acting by or through its agents or employees which violates any
provision of KRS 216B.400 shall be punished by a fine of not less than one hundred dollars ($100) nor more
than five hundred dollars ($500). The cabinet shall establish an online portal on its website for reporting
violations of KRS 216B.400. CHAPTER 67
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(4) Any health facility which willfully violates KRS 216B.250 shall be fined one hundred dollars ($100) per day
for failure to post required notices and one hundred dollars ($100) per instance for willfully failing to provide
an itemized statement within the required time frames.
(5) In addition to the civil penalties established under KRS 216B.306(1) and (4), any person who advertises,
solicits boarders, or operates a boarding home without first obtaining a registration as required by KRS
216B.305 and any person who aids or abets the operation of a boarding home that is not registered shall be
imprisoned for no more than twelve (12) months.
(6) Any person or entity establishing, managing, or operating an abortion facility or conducting the business of an
abortion facility which otherwise violates any provision of this chapter or any administrative regulation
promulgated thereunder regarding abortion facilities shall be subject to revocation or suspension of the license
of the abortion facility. In addition, any violation of any provision of this chapter regarding abortion facilities
or any administrative regulation related thereto by intent, fraud, deceit, unlawful design, willful and deliberate
misrepresentation, or by careless, negligent, or incautious disregard for the statute or administrative regulation,
either by persons acting individually or in concert with others, shall constitute a violation and shall be
punishable by a fine not to exceed one thousand dollars ($1,000) for each offense. Each day of continuing
violation shall be considered a separate offense. The venue for prosecution of the violation shall be in any
county of the state in which the violation, or any portion thereof, occurred.
(7) Any hospital acting by or through its agents or employees that violates any provision of KRS 216B.150 shall
be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for
each violation.
(8) Any health facility acting by or through its agents or employees that violates any provision of KRS 216B.153
shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars
($500) for each violation.
Section 13. KRS 49.380 is amended to read as follows:
(1) Upon the filing of an application for a claim with the Crime Victims Compensation Board, all debt collection
actions by a creditor or the creditor's agent, against the claimant for a debt or expense covered under KRS
49.370(2)[(3)] and related to the substance of the claim shall cease pending a resolution of the claim by the
board, if the claimant:
(a) Provides written notice to the creditor or creditor's agent that a claim has been submitted to the board;
and
(b) Authorizes the creditor or creditor's agent to confirm with the board the claimant's application with the
board and that the debt or expense upon which the collection action is based may be covered under
KRS 49.370(2)[(3)].
(2) The board shall, upon the written request of a creditor or creditor's agent, notify the creditor or creditor's agent
when a claim has been resolved.
Signed by Governor April 4, 2024.