Kentucky 2024 Regular Session

Kentucky Senate Bill SB353 Latest Draft

Bill / Introduced Version

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AN ACT relating to constables. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 70.325 (Effective until July 1, 2025) is amended to read as 3 
follows: 4 
(1) Except as provided in subsection (2) of this section, for any constable or deputy 5 
constable taking office after January 1, 2023, who was not a constable or deputy 6 
constable in the preceding four (4) year term of office, the powers and duties of the 7 
office of constable shall not include the general powers of a peace officer or police 8 
officer. The powers and duties of the office of constable shall include: 9 
(a) The specific powers and duties enumerated in this chapter; 10 
(b) The power to distrain for his or her fees or for that of other officers as 11 
provided in KRS 64.400; 12 
(c) The power to take necessary steps to stop, prevent, or bring under control any 13 
dog found chasing or molesting wild elk or deer at any time as provided in 14 
KRS 150.390; 15 
(d) The power, in a county containing a city of the first class, to serve all forms of 16 
legal process in any child support action as provided in KRS 205.782; 17 
(e) The power to sell property to satisfy a lien created by a taker-up of boats, 18 
rafts, platforms, or timber as provided in KRS 364.020; 19 
(f) The power to serve a warrant to levy and seize upon the baggage and other 20 
personal property of a guest for unpaid services to the keeper of a hotel, inn, 21 
boarding house, or house of private entertainment as provided in KRS 22 
376.350; 23 
(g) The power to enforce a lien for the care of livestock as provided in KRS 24 
376.410;  25 
(h) The power to execute a warrant in actions regarding forcible entry or detainers 26 
as provided in KRS 383.210 and 383.245; 27  UNOFFICIAL COPY  	24 RS BR 2205 
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(i) The power to serve subpoenas issued by the Parole Board as provided in KRS 1 
439.390; and 2 
(j) The power to take up vagrants, kill mad dogs, kill and bury a distempered 3 
horse, ass, or mule, kill and bury cattle, and alter a stud, jackass, or bull as 4 
provided in KRS 64.190. 5 
(2) After January 1, 2023, no constable who is elected for the first time or a deputy 6 
constable appointed pursuant to KRS 70.320 shall be granted the powers generally 7 
applicable to peace officers and police officers unless the individual has been 8 
certified and maintains his or her certification pursuant to KRS 15.380, or has 9 
completed the training set out in KRS 15.386(3)(b)3.a, b., c., and d.i. and on a 10 
yearly basis has completed in-service training set out in KRS 15.404(2). 11 
Section 2.   KRS 70.325 (Effective July 1, 2025) is amended to read as follows: 12 
(1) Except as provided in subsection (2) of this section, for any constable or deputy 13 
constable taking office after January 1, 2023, who was not a constable or deputy 14 
constable in the preceding four (4) year term of office, the powers and duties of the 15 
office of constable shall not include the general powers of a peace officer or police 16 
officer. The powers and duties of the office of constable shall include: 17 
(a) The specific powers and duties enumerated in this chapter; 18 
(b) The power to distrain for his or her fees or for that of other officers as 19 
provided in KRS 64.400; 20 
(c) The power to take necessary steps to stop, prevent, or bring under control any 21 
dog found chasing or molesting wild elk or deer at any time as provided in 22 
KRS 150.390; 23 
(d) The power, in a county containing a city of the first class, to serve all forms of 24 
legal process in any child support action as provided in KRS 15.856; 25 
(e) The power to sell property to satisfy a lien created by a taker-up of boats, 26 
rafts, platforms, or timber as provided in KRS 364.020; 27  UNOFFICIAL COPY  	24 RS BR 2205 
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(f) The power to serve a warrant to levy and seize upon the baggage and other 1 
personal property of a guest for unpaid services to the keeper of a hotel, inn, 2 
boarding house, or house of private entertainment as provided in KRS 3 
376.350; 4 
(g) The power to enforce a lien for the care of livestock as provided in KRS 5 
376.410; 6 
(h) The power to execute a warrant in actions regarding forcible entry or detainers 7 
as provided in KRS 383.210 and 383.245; 8 
(i) The power to serve subpoenas issued by the Parole Board as provided in KRS 9 
439.390; and 10 
(j) The power to take up vagrants, kill mad dogs, kill and bury a distempered 11 
horse, ass, or mule, kill and bury cattle, and alter a stud, jackass, or bull as 12 
provided in KRS 64.190. 13 
(2) After January 1, 2023, no constable who is elected for the first time or a deputy 14 
constable appointed pursuant to KRS 70.320 shall be granted the powers generally 15 
applicable to peace officers and police officers unless the individual has been 16 
certified and maintains his or her certification pursuant to KRS 15.380, or has 17 
completed the training set out in KRS 15.386(3)(b)3.a., b., c., and d.i. and on a 18 
yearly basis has completed in-service training set out in KRS 15.404(2). 19 
Section 3.   KRS 189.950 is amended to read as follows: 20 
(1) No motor vehicle, except those designated under KRS 189.910 to 189.950 as 21 
emergency vehicles, shall be equipped with, nor shall any person use upon a 22 
vehicle, any siren, whistle, or bell. Any vehicle may be equipped with a theft alarm 23 
signal device which shall be so arranged that it cannot be used as an ordinary 24 
warning signal. 25 
(2) No motor vehicle, except those designated under KRS 189.910 to 189.950 as 26 
emergency vehicles, shall be equipped with, nor shall any person use upon a vehicle 27  UNOFFICIAL COPY  	24 RS BR 2205 
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any red or blue flashing, revolving, or oscillating light or place a red light on the 1 
front thereof. This subsection shall not apply to the use of red flashing lights on 2 
school buses or to stop lights or turn signals at the rear of any motor vehicle. 3 
(3) Except as otherwise provided for in this section, a person shall not illuminate a blue 4 
light that is affixed to a motor vehicle while operating the motor vehicle on a 5 
highway. This subsection shall not apply to: 6 
(a) Any light on a motorcycle that is not affixed to the front of the motorcycle; or 7 
(b) Nonhalogen headlamps that have a slight blue tint and meet United States 8 
Department of Transportation regulations. 9 
(4) No motor vehicle, except those designated under KRS 189.910 to 189.950 as public 10 
safety vehicles, shall be equipped with, nor shall any person use upon any vehicle 11 
any yellow flashing, revolving, or oscillating light. This subsection shall not apply 12 
to the use of yellow lights for turn signals; or to emergency flasher lights for use 13 
when warning the operators of other vehicles of the presence of a vehicular traffic 14 
requiring the exercise of unusual care in approaching, overtaking, or passing; or to 15 
vehicles operated by mail carriers while on duty; funeral escort vehicles and church 16 
buses. 17 
(5) Any person who is a regular or voluntary member of any fire department furnishing 18 
fire protection for a political subdivision of the state or any person who is a regular 19 
or voluntary member of a rescue squad may equip his or her vehicle with red 20 
flashing, rotating, or oscillating lights and a siren, bell, or exhaust whistle if he or 21 
she has first been given permission, in writing, to do so by the chief of the fire 22 
department or rescue squad. He or she may use such lights and equipment only 23 
while proceeding to the scene of a fire or other emergency or to a location where 24 
another emergency vehicle is on emergency call in the performance of his or her 25 
official duties as a member of a fire department or rescue squad. 26 
(6) (a) Any constable meeting the requirements of KRS 70.325(2) may, upon 27  UNOFFICIAL COPY  	24 RS BR 2205 
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approval of the fiscal court in the county of jurisdiction, the legislative council 1 
of an urban-county government, or the legislative body of a consolidated local 2 
government, equip vehicles used by said officer as emergency vehicles with 3 
one (1) or more flashing, rotating or oscillating blue lights, visible under 4 
normal atmospheric condition from a distance of five hundred (500) feet to 5 
the front of such vehicle, and a siren, whistle or bell, capable of emitting a 6 
sound audible under normal conditions from a distance of not less than five 7 
hundred (500) feet. This equipment shall be in addition to any other 8 
equipment required by the motor vehicle laws. Any constable authorized by 9 
the fiscal court to utilize blue lights and a siren pursuant to this section shall 10 
maintain at least the insurance described by KRS 304.39-110. 11 
(b) 1. Any constable who has successfully completed a basic training course, 12 
as established by KRS 15.440, at a school certified or recognized by the 13 
Kentucky Law Enforcement Council, and who maintains his or her 14 
certification as a peace officer pursuant to KRS 15.380 through his or 15 
her term of office as a constable, or who has completed the training set 16 
out in KRS 15.386(3)(b)3.a., b., c., and d.i. and on a yearly basis has 17 
completed in-service training set out in KRS 15.404(2), may equip 18 
vehicles used by that officer as emergency vehicles with one (1) or more 19 
flashing, rotating, or oscillating blue lights, visible under normal 20 
atmospheric conditions from a distance of five hundred (500) feet to the 21 
front of the vehicle, and a siren, whistle, or bell, capable of emitting a 22 
sound audible under normal conditions from a distance of not less than 23 
five hundred (500) feet. This equipment shall be in addition to any other 24 
equipment required by the motor vehicle laws. Any constable authorized 25 
to use blue lights and a siren pursuant to this section shall maintain at 26 
least the insurance described by KRS 304.39-110. 27  UNOFFICIAL COPY  	24 RS BR 2205 
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2. The fiscal court in the county of jurisdiction, the legislative council of 1 
an urban-county government, or the legislative body of a consolidated 2 
local government may revoke this authorization, if the fiscal court, the 3 
council, or the body determines an issue of public safety or abuse by the 4 
constable. 5 
(7) Any person who is a paid or voluntary member of any ambulance service furnishing 6 
emergency medical services for a political subdivision of the state may equip his or 7 
her vehicle with red flashing, rotating, or oscillating lights and a siren, bell, or 8 
exhaust whistle if he or she has first been given permission, in writing, to do so by 9 
the chief or director of the ambulance service. He or she may use such lights and 10 
equipment only while proceeding to the scene of an emergency, a medical facility, 11 
or to a location where another emergency vehicle is on emergency call in the 12 
performance of his or her official duties as a member of the ambulance service. 13 
Section 4.   KRS 15.340 is amended to read as follows: 14 
Subject to approval by the secretary, the department may make its facilities and services 15 
available upon the following terms: 16 
(1) The department may determine to which law enforcement agencies, corrections 17 
agencies, and court agencies and its officers it will offer training; 18 
(2) In determining the law enforcement officers for which it will offer training and in 19 
allocating available funds, the department shall give first priority to "police 20 
officers" as defined by KRS 15.420(2), public airport authority security officers, 21 
and campus police; 22 
(3) Fire investigators shall be offered training by the department; 23 
(4) Except for the officers described in subsection (2) of this section, the department 24 
may determine whether persons to whom it offers training or agencies employing 25 
such persons must bear any or all costs of such training. 26 
(5) Notwithstanding subsections (1) to (4) of this section, the department shall accept 27  UNOFFICIAL COPY  	24 RS BR 2205 
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one (1) qualified constable per training class. The constable accepted shall meet all 1 
precertification requirements established pursuant to KRS 15.382 for attendance. 2 
The constable shall bear all costs associated with precertification. This subsection 3 
shall not be construed to prevent the department from accepting more than one (1) 4 
qualified constable per fiscal year, if there are more than one (1) qualified constable 5 
applicants and funds are available for their training. 6 
(6) Notwithstanding subsections (1) to (4) of this section, the department shall accept 7 
qualified constables for the training set out in KRS 15.386(3)(b)3.a., b., c., and 8 
d.i. and for the in-service training as set out in KRS 15.404(2). The constables 9 
accepted shall meet all precertification requirements established pursuant to KRS 10 
15.382 for attendance. The constable shall bear all costs associated with 11 
precertification. 12 
SECTION 5.   A NEW SECTION OF KRS 15.380 TO 15.409 IS CREATED TO 13 
READ AS FOLLOWS: 14 
(1) (a) Any constable may apply for admission to the training set out in KRS 15 
15.386(3)(b)3.a., b., c., and d.i. and for the in-service training set out in KRS 16 
15.404(2). The constable shall meet all precertification requirements 17 
established pursuant to KRS 15.382 for attendance. The constable shall 18 
bear all costs associated with precertification. The constable shall bear all 19 
costs associated with completion of the training set out in KRS 20 
15.386(3)(b)3.a., b., c., and d.i. and for the in-service training as set out in 21 
KRS 15.404(2). 22 
(b) The department, when conducting the training set out in KRS 23 
15.386(3)(b)3.a., b., c., and d.i. and the in-service training set out in KRS 24 
15.404(2), shall accept constables for the training if: 25 
1. The constables meet the precertification requirements; and 26 
2. The department has the training capacity to instruct the constables. 27  UNOFFICIAL COPY  	24 RS BR 2205 
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(2) Notwithstanding any statute to the contrary, a constable who successfully 1 
completes the training set out in KRS 15.386(3)(b)3.a., b., c., and d.i. and on a 2 
yearly basis has completed in-service training set out in KRS 15.404(2) shall be 3 
considered certified for purposes of KRS 70.325. 4