Kentucky 2025 Regular Session

Kentucky House Bill HB716 Latest Draft

Bill / Introduced Version

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AN ACT relating to sex offender registration. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 17.500 is amended to read as follows: 3 
As used in KRS 17.500 to 17.580: 4 
(1) "Approved provider" means a mental health professional licensed or certified in 5 
Kentucky whose scope of practice includes providing mental health treatment 6 
services and who is approved by the Sex Offender Risk Assessment Advisory 7 
Board, under administrative regulations promulgated by the board, to provide 8 
comprehensive sex offender presentence evaluations or treatment to adults and 9 
youthful offenders, as defined in KRS 600.020; 10 
(2) "Cabinet" means the Justice and Public Safety Cabinet; 11 
(3) (a) Except as provided in paragraph (b) of this subsection, "criminal offense 12 
against a victim who is a minor" means any of the following offenses if the 13 
victim is under the age of eighteen (18) at the time of the commission of the 14 
offense: 15 
1. Kidnapping, as set forth in KRS 509.040, except by a parent; 16 
2. Unlawful imprisonment, as set forth in KRS 509.020, except by a 17 
parent; 18 
3. Sex crime; 19 
4. Promoting a sexual performance of a minor, as set forth in KRS 20 
531.320; 21 
5. Human trafficking involving commercial sexual activity, as set forth in 22 
KRS 529.100; 23 
6. Promoting human trafficking involving commercial sexual activity, as 24 
set forth in KRS 529.110; 25 
7. Promoting prostitution, as set forth in KRS 529.040, when the defendant 26 
advances or profits from the prostitution of a person under the age of 27  UNOFFICIAL COPY  	25 RS BR 1920 
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eighteen (18); 1 
8. Use of a minor in a sexual performance, as set forth in KRS 531.310; 2 
9. Sexual abuse, as set forth in KRS 510.120 and 510.130; 3 
10. Unlawful transaction with a minor in the first degree, as set forth in KRS 4 
530.064(1)(a); 5 
11. Any offense involving a minor or depictions of a minor, as set forth in 6 
KRS Chapter 531; 7 
12. Any attempt to commit any of the offenses described in subparagraphs 8 
1. to 11. of this paragraph; 9 
13. Solicitation to commit any of the offenses described in subparagraphs 1. 10 
to 11. of this paragraph; or 11 
14. Any offense from another state or territory, any federal offense, or any 12 
offense subject to a court martial of the United States Armed Forces, 13 
which is similar to any of the offenses described in subparagraphs 1. to 14 
13. of this paragraph. 15 
(b) Conduct which is criminal only because of the age of the victim shall not be 16 
considered a criminal offense against a victim who is a minor if the 17 
perpetrator was under the age of eighteen (18) at the time of the commission 18 
of the offense; 19 
(4) "Law enforcement agency" means any lawfully organized investigative agency, 20 
sheriff's office, police unit, or police force of federal, state, county, urban-county 21 
government, charter county, city, consolidated local government, or a combination 22 
of these, responsible for the detection of crime and the enforcement of the general 23 
criminal federal or state laws; 24 
(5) "Registrant" means: 25 
(a) Any person eighteen (18) years of age or older at the time of the offense or 26 
any youthful offender, as defined in KRS 600.020, who has committed: 27  UNOFFICIAL COPY  	25 RS BR 1920 
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1. A sex crime; or 1 
2. A criminal offense against a victim who is a minor;[ or] 2 
(b) Any person required to register under KRS 17.510;[ or] 3 
(c) Any sexually violent predator; or 4 
(d) Any person whose sexual offense has been diverted pursuant to KRS 533.250, 5 
until the diversionary period is successfully completed; 6 
(6) "Registrant information" means: 7 
(a) The registrant's: 8 
1. [the ]Name, including any lawful name change together with the 9 
registrant's previous name;[,] 10 
2. Social Security number;[,] 11 
3. Age;[,] 12 
4. Race;[,] 13 
5. Sex;[,] 14 
6. Date of birth;[,] 15 
7. Height, weight, and hair and eye color;[,] 16 
8. Fingerprints, palm prints, DNA sample, and a photograph;[,] 17 
9. Aliases used;[,] 18 
10. Residence; and[,] 19 
11. Motor vehicle operator's license number as well as any other 20 
government-issued identification card numbers, if any;[,] 21 
(b) A brief description of the crime or crimes committed;[, and] 22 
(c) The name and address of any place where the registrant is or will be: 23 
1. A student; and 24 
2. An employee or, if the registrant is or will be employed with no fixed 25 
place of employment, other information describing where the 26 
registrant works or will work with the definiteness possible under the 27  UNOFFICIAL COPY  	25 RS BR 1920 
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circumstances; 1 
(d) Information about and copies of: 2 
1. Each passport the registrant has; and 3 
2. Any document establishing the registrant's immigration status, 4 
including immigration document type and number, if the registrant is 5 
an alien as defined in 8 U.S.C. sec. 1101(a)(3); 6 
(e) For a vehicle, including watercraft, aircraft, and motor vehicles owned or 7 
routinely operated by the registrant: 8 
1. The license plate number, or if a vehicle has no license plate, the 9 
registration number or other identifier;  10 
2. A description of the vehicle, including the make, model, year 11 
manufactured, and color; and 12 
3. An address or other information describing the location where the 13 
vehicle is habitually parked, docked, or otherwise kept; 14 
(f) Information concerning all professional licenses of the registrant that 15 
authorize the registrant to engage in an occupation or carry out a trade or 16 
business; 17 
(g) Designations the registrant uses for purposes of routing or self-18 
identification in communications, including social media posting; and 19 
(h) Other information the cabinet determines, by administrative regulation, may 20 
be useful in the identification of registrants; 21 
(7) "Residence" means any place where a person sleeps. For the purposes of this 22 
statute, a registrant may have more than one (1) residence. A registrant is required 23 
to register each residence address; 24 
(8) "Sex crime" means: 25 
(a) A felony offense defined in KRS Chapter 510, KRS 529.100 or 529.110 26 
involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, 27  UNOFFICIAL COPY  	25 RS BR 1920 
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531.320, 531.335, 531.340, 531.365, 531.366, 531.367, or 531.368; 1 
(b) A felony attempt to commit a felony offense specified in paragraph (a) of this 2 
subsection; or 3 
(c) A federal felony offense, a felony offense subject to a court-martial of the 4 
United States Armed Forces, or a felony offense from another state or a 5 
territory where the felony offense is similar to a felony offense specified in 6 
paragraph (a) of this subsection; 7 
(9) "Sexual offender" means any person convicted of, pleading guilty to, or entering an 8 
Alford plea to a sex crime as defined in this section, as of the date the verdict is 9 
entered by the court; 10 
(10) "Sexually violent predator" means any person who has been subjected to 11 
involuntary civil commitment as a sexually violent predator, or a similar 12 
designation, under a state, territory, or federal statutory scheme; 13 
(11) "The board" means the Sex Offender Risk Assessment Advisory Board created 14 
under KRS 17.554; 15 
(12) "Victim" has the same meaning as in KRS 421.500; 16 
(13) "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab specimen 17 
from a person, as prescribed by administrative regulation, that is required to provide 18 
a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitted to the 19 
Department of Kentucky State Police forensic laboratory for law enforcement 20 
identification purposes and inclusion in law enforcement identification databases; 21 
and 22 
(14) "Authorized personnel" means an agent of state government who is properly trained 23 
in DNA sample collection pursuant to administrative regulation. 24 
Section 2.   KRS 17.510 is amended to read as follows: 25 
(1) The cabinet shall develop and implement a registration system for registrants which 26 
includes creating a new computerized information file to be accessed through the 27  UNOFFICIAL COPY  	25 RS BR 1920 
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Law Information Network of Kentucky. 1 
(2) A registrant shall, on or before the date of his or her release by the court, the parole 2 
board, the cabinet, or any detention facility, register with the appropriate local 3 
probation and parole office in the county in which he or she intends to reside. The 4 
person in charge of the release shall facilitate the registration process. 5 
(3) Any person required to register pursuant to subsection (2) of this section shall be 6 
informed of the duty to register by the court at the time of sentencing if the court 7 
grants probation or conditional discharge or does not impose a penalty of 8 
incarceration, or if incarcerated, by the official in charge of the place of 9 
confinement upon release. The court and the official shall require the person to read 10 
and sign any form that may be required by the cabinet, stating that the duty of the 11 
person to register has been explained to the person. The court and the official in 12 
charge of the place of confinement shall require the releasee to complete the 13 
acknowledgment form and the court or the official shall retain the original 14 
completed form. The official shall then send the form to the Sex Offender Registry 15 
Section, Department of Kentucky State Police, Frankfort, Kentucky 40601. 16 
(4) (a) The court or the official shall order the person to register with the appropriate 17 
local probation and parole office which shall obtain the person's registrant 18 
information[fingerprints, palm prints, DNA sample, photograph, and a copy 19 
of his or her motor vehicle operator's license as well as any other government-20 
issued identification cards, if any]. 21 
(b) Thereafter, the registrant shall return to the appropriate local probation and 22 
parole office as required in subsection (14) of this section[not less than one 23 
(1) time every two (2) years in order for a new photograph to be obtained], 24 
and the registrant shall pay the cost of updating the photo for registration 25 
purposes. 26 
(c) Any registrant who has not provided palm prints, a copy of his or her motor 27  UNOFFICIAL COPY  	25 RS BR 1920 
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vehicle operator's license, or a copy of any other government-issued 1 
identification cards, if any, as of July 14, 2018, shall provide the information 2 
to the appropriate local probation and parole office when the registrant reports 3 
as required under subsection (14) of this section[appears] for a new 4 
photograph to be obtained. 5 
(d) Any change to a registrant's information[motor vehicle operator's license 6 
number or any other government-issued identification card] after the 7 
registrant reports as required under subsection (14) of this section[appears] 8 
for a new photograph shall be registered in accordance with subsection (11) of 9 
this section.[ Failure to comply with this requirement shall be punished as set 10 
forth in subsection (12) of this section.] 11 
(5) (a) The appropriate probation and parole office shall send the registration form 12 
containing the registrant information[, fingerprints, palm prints, photograph, 13 
and a copy of his or her motor vehicle operator's license as well as any other 14 
government-issued identification cards, if any,] and any special conditions 15 
imposed by the court or the Parole Board, to the Sex Offender Registry 16 
Section, Department of Kentucky State Police, Frankfort, Kentucky 40601. 17 
The appropriate probation and parole office shall send the DNA sample to the 18 
Department of Kentucky State Police forensic laboratory in accordance with 19 
administrative regulations promulgated by the cabinet. 20 
(b) The Sex Offender Registry Section, upon request by a state or local law 21 
enforcement agency, shall make available to that agency registrant 22 
information, including a person's fingerprints and photograph, where 23 
available, as well as any special conditions imposed by the court or the Parole 24 
Board. 25 
(c) Any employee of the Justice and Public Safety Cabinet who disseminates, or 26 
does not disseminate, registrant information in good-faith compliance with the 27  UNOFFICIAL COPY  	25 RS BR 1920 
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requirements of this subsection shall be immune from criminal and civil 1 
liability for the dissemination or lack thereof. 2 
(6) (a) Except as provided in paragraph (b) of this subsection, any person who has 3 
been convicted in a court of any state or territory, a court of the United States, 4 
the District of Columbia, or any federally recognized Indian tribe, or a 5 
similar conviction from a court of competent jurisdiction in any other country, 6 
or a court martial of the United States Armed Forces of a sex crime or 7 
criminal offense against a victim who is a minor and who has been notified of 8 
the duty to register by that state, territory, or court, or who has been 9 
committed as a sexually violent predator under the laws of another state, laws 10 
of a territory, or federal laws, or has a similar conviction from a court of 11 
competent jurisdiction in any other country, shall comply with the registration 12 
requirement of this section, including the requirements of subsection (4) of 13 
this section, and shall register with the appropriate local probation and parole 14 
office in the county of residence within three (3)[five (5)] working days of 15 
relocation. No additional notice of the duty to register shall be required of any 16 
official charged with a duty of enforcing the laws of this Commonwealth. 17 
(b) No person shall be required to register under this subsection for a juvenile 18 
adjudication if such an adjudication in this Commonwealth would not create a 19 
duty to register. This paragraph shall be retroactive. 20 
(7) (a) Except as provided in paragraph (c)[(b)] of this subsection, if a person is 21 
required to register under federal law or the laws of another state or territory, 22 
or if the person has been convicted of an offense in a court of the United 23 
States, the District of Columbia, or any federally recognized Indian tribe or 24 
in a court martial of the United States Armed Forces, or under the laws of 25 
another state or territory that would require registration if committed in this 26 
Commonwealth, that person upon changing residence from the other state or 27  UNOFFICIAL COPY  	25 RS BR 1920 
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territory of the United States to the Commonwealth or upon entering the 1 
Commonwealth for employment, to carry on a vocation, or as a student shall 2 
comply with the registration requirement of this section, including the 3 
requirements of subsection (4) of this section, and shall register within three 4 
(3)[five (5)] working days with the appropriate local probation and parole 5 
office in the county of residence, employment, vocation, or schooling. A 6 
person required to register under federal law or the laws of another state or 7 
territory shall be presumed to know of the duty to register in the 8 
Commonwealth. 9 
(b) As used in this subsection:[,] 10 
1. "Employment" or "carry on a vocation" includes employment that is 11 
full-time or part-time for a period exceeding fourteen (14) days or for an 12 
aggregate period of time exceeding thirty (30) days during any calendar 13 
year, whether financially compensated, volunteered, or for the purpose 14 
of government or educational benefit; and[.] 15 
2. [As used in this subsection, ]"Student" means a person who is enrolled 16 
on a full-time or part-time basis, in any public or private educational 17 
institution, including any secondary school, trade or professional 18 
institution, or institution of higher education. 19 
(c)[(b)] No person shall be required to register under this subsection for a 20 
juvenile adjudication if such an adjudication in this Commonwealth would not 21 
create a duty to register. This paragraph shall be retroactive. 22 
(8) The registration form shall be a written statement signed by the person which shall 23 
include registrant information, including an up-to-date photograph of the registrant 24 
for public dissemination. 25 
(9) For purposes of KRS 17.500 to 17.580 and 17.991, a post office box number shall 26 
not be considered an address. 27  UNOFFICIAL COPY  	25 RS BR 1920 
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(10) (a) If a registrant does not have an established and fixed residence of regular 1 
return, he or she shall report in person no less than every thirty (30) days to 2 
the local probation and parole office in the county in which he or she is 3 
present and register the approximate area where he or she can be located. 4 
(b) If the registrant changes his or her location, employer or employer address, or 5 
school or school address to a new county, the person shall notify his or her 6 
current local probation and parole office of the new location on or before the 7 
date of the change of location. 8 
(c) The registrant shall also report in person to the appropriate local probation and 9 
parole office in the county of his or her new location no later than three 10 
(3)[five (5)] working days after the date of the change of location. 11 
(11) (a) If the residence, employer, or school address of any registrant changes, but 12 
the registrant remains in the same county, the person shall appear in person to 13 
register, on or before the date of the change of address, with the appropriate 14 
local probation and parole office in the county in which he or she resides. 15 
(b) 1. If the registrant changes his or her residence, employer, or school to a 16 
new county, the person shall notify his or her current local probation and 17 
parole office of the new residence, employer, or school address on or 18 
before the date of the change of address. 19 
2. The registrant shall also appear in person to register with the 20 
appropriate local probation and parole office in the county of his or her 21 
new residence, employer, or school no later than three (3)[five (5)] 22 
working days after the date of the change of address. 23 
(c) If the registrant's information, other than the registrant information list 24 
under subsection (10)(b) and (c) of this section or paragraph (a) and (b) of 25 
this subsection, changes, [: 26 
1. Motor vehicle operator's license number or any other government-issued 27  UNOFFICIAL COPY  	25 RS BR 1920 
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identification card number of any registrant changes; or 1 
2. Registrant obtains for the first time a motor vehicle operator's license 2 
number or any other government-issued identification card number; 3 
 ]the registrant shall register the change or addition no later than three (3)[five 4 
(5)] working days after the date of the change or the date of the addition, with 5 
the appropriate local probation and parole office in the county in which he or 6 
she resides. 7 
(d) 1. As soon as a probation and parole office learns of the person's new 8 
address under paragraph (b)1. of this subsection, that probation and 9 
parole office shall notify the appropriate local probation and parole 10 
office in the county of the new address of the effective date of the new 11 
address. 12 
2. As soon as a probation and parole office learns of the person's new 13 
address under paragraph (b)2. of this subsection, that office shall 14 
forward this information as set forth under subsection (5) of this section. 15 
(e) 1. A registrant shall register the following information with the appropriate 16 
local probation and parole office no less than twenty-one (21) days 17 
before traveling outside of the United States: 18 
a. His or her passport number and country of issue; 19 
b. The dates of departure, travel, and return; and 20 
c. The foreign countries, colonies, territories, or possessions that the 21 
registrant will visit. 22 
2. The registrant shall register the following information with the 23 
appropriate local probation and parole office no later than three (3)[five 24 
(5)] working days after the date of his or her return from traveling 25 
outside of the United States: 26 
a. The date he or she departed, traveled, and returned; and 27  UNOFFICIAL COPY  	25 RS BR 1920 
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b. The foreign countries, colonies, territories, or possessions that the 1 
registrant visited. 2 
(12) Any person required to register under this section who knowingly violates any of 3 
the provisions of this section or prior law is guilty of a Class D felony for the first 4 
offense and a Class C felony for each subsequent offense. 5 
(13) Any person required to register under this section or prior law who knowingly 6 
provides false, misleading, or incomplete information is guilty of a Class D felony 7 
for the first offense and a Class C felony for each subsequent offense. 8 
(14) (a) Any person required to register under this section shall appear in person 9 
and allow the appropriate local probation and parole office to take a current 10 
photograph and[cabinet shall] verify the person's addresses, names, motor 11 
vehicle operator's license numbers, [and ]government-issued identification 12 
card, and other registrant information[ numbers of individuals required to 13 
register under this section]. In-person reporting[Verification] shall occur at 14 
least once every ninety (90) days for a person required to register under KRS 15 
17.520(2), semiannually[at least once every calendar year] for a person 16 
required to register under KRS 17.520(3), and at least once every thirty (30) 17 
days for a person who does not have an established and fixed residence of 18 
regular return. 19 
(b) If the cabinet determines that a person has: 20 
1. Moved without providing his or her new address; 21 
2. Failed to notify the local probation and parole office of his or her 22 
presence in a new county without an established and fixed residence of 23 
regular return; or 24 
3. Other registrant information[A new name, motor vehicle operator's 25 
license number, or government-issued identification card number] that 26 
he or she has not provided; 27  UNOFFICIAL COPY  	25 RS BR 1920 
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 to the appropriate local probation and parole office or offices as required 1 
under subsection (11)(a), (b), and (c) of this section, the cabinet shall notify 2 
the appropriate local probation and parole office of the new registrant 3 
information[address, name, motor vehicle operator's license number, or 4 
government-issued identification card number used by the person]. The office 5 
shall then forward this information as set forth under subsection (5) of this 6 
section. The cabinet shall also notify the appropriate court, Parole Board, and 7 
appropriate Commonwealth's attorney, sheriff's office, probation and parole 8 
office, corrections agency, and law enforcement agency responsible for the 9 
investigation of the report of noncompliance. 10 
(c) An agency that receives notice of the noncompliance from the cabinet under 11 
paragraph (a) of this subsection: 12 
1. Shall consider revocation of the parole, probation, postincarceration 13 
supervision, or conditional discharge of any person released under its 14 
authority; and 15 
2. Shall notify the appropriate county or Commonwealth's Attorney for 16 
prosecution. 17 
(15) The provisions of subsections (10) and (14) of this section relating to registrants 18 
who do not have an established and fixed residence of regular return shall apply to 19 
any person required to register on or after January 1, 2024. 20 
Section 3.   KRS 17.520 is amended to read as follows: 21 
(1) A registrant, upon his or her release by the court, the Parole Board, the cabinet, or 22 
any detention facility, shall be required to register for a period of time required 23 
under this section. 24 
(2) [(a) ]Lifetime registration is required for: 25 
(a)[1.] Any person who has been convicted of kidnapping, as set forth in KRS 26 
509.040, when the victim is under the age of eighteen (18) at the time of the 27  UNOFFICIAL COPY  	25 RS BR 1920 
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commission of the offense, except when the offense is committed by a parent; 1 
(b)[2.] Any person who has been convicted of unlawful imprisonment, as set 2 
forth in KRS 509.020, when the victim is under the age of eighteen (18) at the 3 
time of the commission of the offense, except when the offense is committed 4 
by a parent; 5 
(c)[3.] Any person convicted of a sex crime: 6 
1.[a.] Who has one (1) or more prior convictions of a felony criminal offense 7 
against a victim who is a minor; or 8 
2.[b.] Who has one (1) or more prior sex crime convictions; 9 
(d)[4.] Any person who has been convicted of two (2) or more felony criminal 10 
offenses against a victim who is a minor; 11 
(e)[5.] Any person who has been convicted of: 12 
1.[a.] Any degree of rape under KRS Chapter 510[Rape in the first degree 13 
under KRS 510.040];[ or] 14 
2.[b.] Any degree of sodomy under KRS Chapter 510[Sodomy in the first 15 
degree under KRS 510.070];[ and] 16 
3. Incest under KRS 530.020(b) or (c);  17 
4. Sexual abuse in the first degree under KRS 510.110(1)(b)2.; or 18 
5. Any felony attempt to commit, conspiracy to commit, or solicitation to 19 
commit any of the offenses described in subparagraphs 1. to 4. of this 20 
paragraph; and 21 
(f)[6.] Any sexually violent predator. 22 
(3) All other registrants are required to register for twenty-five (25)[twenty (20)] years 23 
following discharge from confinement or twenty-five (25)[twenty (20)] years 24 
following the maximum discharge date on probation, shock probation, conditional 25 
discharge, parole, or other form of early release, whichever period is greater. 26 
(4) If a person required to register under this section is reincarcerated for another 27  UNOFFICIAL COPY  	25 RS BR 1920 
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offense or as the result of having violated the terms of probation, parole, 1 
postincarceration supervision, or conditional discharge, the registration 2 
requirements and the remaining period of time for which the registrant shall register 3 
are tolled during the reincarceration. 4 
(5) A person who has pled guilty, entered an Alford plea, or been convicted in a court 5 
of another state or territory, in a court of the United States, the District of 6 
Columbia, or any federally recognized Indian tribe, or in a court-martial of the 7 
United States Armed Forces who is required to register in Kentucky shall be subject 8 
to registration in Kentucky based on the conviction in the foreign jurisdiction. The 9 
Justice and Public Safety Cabinet shall promulgate administrative regulations in 10 
accordance with KRS Chapter 13A to carry out the provisions of this subsection. 11 
(6) The court shall designate the registration period as mandated by this section in its 12 
judgment and shall cause a copy of its judgment to be mailed to the Information 13 
Services Center, Department of Kentucky State Police, Frankfort, Kentucky 40601. 14 
If the court fails to designate the registration period as required under this 15 
section, the Department of Kentucky State Police shall determine the registration 16 
period as required under this section. 17 
Section 4.   KRS 17.546 is amended to read as follows: 18 
(1) (a) As used in this subsection, "electronic communications" means any transfer of 19 
information, including signs, signals, data, writings, images, sounds, text, 20 
voice, and video, transmitted primarily through the use of electrons or 21 
electromagnetic waves or particles. 22 
(b) Except as provided in paragraph (c) of this subsection, a registrant who has 23 
committed a criminal offense against a victim who is a minor after July 14, 24 
2018, shall not knowingly or intentionally use electronic communications for 25 
communicating with or gathering information about a person who is less than 26 
eighteen (18) years of age. 27  UNOFFICIAL COPY  	25 RS BR 1920 
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(c) It is not a violation of paragraph (b) of this subsection for a registrant to use 1 
electronic communications to communicate with or gather information about 2 
a person under the age of eighteen (18) years of age if: 3 
1. The registrant is a youthful offender who is: 4 
a. Probated or paroled while he or she is under the age of eighteen 5 
(18); 6 
b. Enrolled in an elementary or secondary school education 7 
program; 8 
c. Using the electronic communications as a reasonably necessary 9 
part of the youthful offender's education with the elementary or 10 
secondary school education program; and 11 
d. Not prohibited by court order, or the terms of probation, shock 12 
probation, conditional discharge, parole, or any other form of 13 
early release, from communicating with or gathering 14 
information about a person; or 15 
2. The registrant is the parent of the person[;] and[2. The registrant is] not 16 
prohibited by court order, or the terms of probation, shock probation, 17 
conditional discharge, parole, or any other form of early release, from 18 
communicating with or gathering information about a person. 19 
(2) No registrant shall intentionally photograph, film, or video a minor through 20 
traditional or electronic means without the written consent of the minor's parent, 21 
legal custodian, or guardian unless the registrant is the minor's parent, legal 22 
custodian, or guardian. The written consent required under this subsection shall 23 
state that the person seeking the consent is required to register as a sex offender 24 
under Kentucky law. 25 
(3) Any person who violates subsection (1) or (2) of this section shall be guilty of a 26 
Class A misdemeanor. 27  UNOFFICIAL COPY  	25 RS BR 1920 
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Section 5.   KRS 17.580 is amended to read as follows: 1 
(1) The Department of Kentucky State Police shall establish a website[Web site] 2 
available to the public. The website[Web site] shall display: 3 
(a) The registrant information, except for information that identifies a victim, 4 
DNA samples, fingerprints, palm prints, Social Security numbers, motor 5 
vehicle operator's license numbers, the names and addresses where the 6 
registrant is a student, information and copies of passports or documents 7 
establishing the registrant's immigration status, the registrant's occupation, 8 
trade, and business licenses, the registrant's designations used for purposes 9 
of routing or self-identification in internet or telephonic communications, 10 
and government-issued identification card numbers obtained by the 11 
Information Services Center, Department of Kentucky State Police, under 12 
KRS 17.510; 13 
(b) The registrant[sex offender] information, except for information that 14 
identifies a victim, DNA samples, Social Security numbers, the names and 15 
addresses where the registrant is a student or employed, information and 16 
copies of passports or documents establishing the registrant's immigration 17 
status, the registrant's occupation, trade, and business licenses, the 18 
registrant's designations used for purposes of routing or self-identification 19 
in internet or telephonic communications, and vehicle registration data, 20 
obtained by the Information Services Center, Department of Kentucky State 21 
Police, under KRS 17.510 prior to April 11, 2000;[ and] 22 
(c) The registrant's conviction, the elements of the offense for which the 23 
registrant was convicted, whether the registrant is currently on probation or 24 
parole, and whether the registrant is compliant or noncompliant; and 25 
(d) On or before January 1, 2027, in addition to the registrant information 26 
required under this subsection, the registrant information required in 27  UNOFFICIAL COPY  	25 RS BR 1920 
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subsection (6)(c)2. and (e) of Section 1 of this Act. 1 
 The website[Web site] shall be updated every day except for Saturdays, Sundays, 2 
and state holidays. 3 
(2) The information pertaining to an individual shall be maintained on the website[Web 4 
site] so long as that individual is registered in accordance with KRS 17.500 to 5 
17.580. 6 
(3) The following language shall be prominently displayed on the website[Web site]: 7 
"UNDER KRS 525.070 AND 525.080, USE OF INFORMATION OBTAINED 8 
FROM THIS WEBSITE[WEB SITE] TO HARASS A PERSON IDENTIFIED ON 9 
THIS WEBSITE[WEB SITE] IS A CRIMINAL OFFENSE PUNISHABLE BY UP 10 
TO NINETY (90) DAYS IN THE COUNTY JAIL. MORE SEVERE CRIMINAL 11 
PENALTIES APPLY FOR MORE SEVERE CRIMES COMMITTED AGAINST 12 
A PERSON IDENTIFIED ON THIS WEBSITE[WEB SITE]." 13 
(4) (a) Any Department of Kentucky State Police employee who disseminates, or 14 
does not disseminate, registrant information[ or sex offender information] in 15 
good-faith compliance with the requirements of this section shall be immune 16 
from criminal and civil liability for the dissemination or lack thereof. 17 
(b) Any person, including an employee of a sheriff's office, acting in good faith in 18 
disseminating, or not disseminating, information previously disseminated by 19 
the Department of Kentucky State Police shall be immune from criminal and 20 
civil liability for the dissemination or lack thereof. 21 
(5) [The cabinet shall establish a toll-free telephone number for a person to call to learn 22 
the identity of the Web site created in this section and the location of public access 23 
to the Web site in the county where the person resides. 24 
(6) ]In addition to the website[Web site], a local law enforcement agency may provide 25 
personal notification regarding the registrants located in its jurisdiction. Any 26 
notification shall contain the warning specified in subsection (3) of this section. 27