2009 Senate Bills Filed of Interest to Law Enforcement

Monday, 16 February 2026 09:38

2009 Senate Bills filed of Interest to Law Enforcement

Michael Bischoff, Executive Director KACP

SB 4/CI (BR 331) - D. Kelly, E. Worley

AN ACT relating to crimes and punishments and declaring an emergency.
Create a new section of KRS Chapter 196 to require the Department of Corrections to develop an intensive secured substance abuse recovery program for substance abusers seeking or utilizing pretrial diversion in certain circumstances; amend KRS 431.515 to conform; create a new section of KRS 431.510 to 431.550 to require pretrial screening of felony substance abuse offenders and allow testing and treatment as a condition of pretrial release; create a new section of KRS 533.250 to 533.260 to require felony substance abuse offenders to demonstrate suitable participation in and compliance with substance abuse treatment or recovery before being eligible for pretrial diversion; amend KRS 533.250 to allow referral of certain persons on pretrial diversion to the secured recovery program; amend KRS 532.120 to allow credit for time served in the secure treatment facility or a residential treatment facility; EMERGENCY.

(Prefiled by the sponsor(s).)

Jan 6-introduced in Senate
Jan 7-to Judiciary (S)

SB 5/LM/CI (BR 61) - R. Jones II

AN ACT relating to driving under the influence.
Amend KRS 189A.010 to establish a per se violation of the DUI statute if the driver has at least a certain amount of a controlled substance in the blood; create a defense if the person took the controlled substance in compliance with a valid prescription; reduce the required alcohol concentration for an aggravating circumstance from 0.18 to 0.15; amend KRS 189A.105 to lower the alcohol percentage from 0.18 to 0.15 for increased penalties; amend various other statutes to conform.

(Prefiled by the sponsor(s).)

Sep 24-To: Interim Joint Committee on Judiciary
Jan 6-introduced in Senate
Jan 7-to Judiciary (S)

SB 7 (BR 28) - G. Tapp, D. Seum

AN ACT relating to motor vehicles.
Amend KRS 186.010 to define "low-speed electric vehicle" and amend the definition of "motor vehicle" to include a low-speed electric vehicle; create a new section of KRS Chapter 189 to allow the use of low-speed electric vehicles on highways with a posted speed limit of 45 miles per hour or less; require low-speed electric vehicles operated on a highway to be insured in compliance with KRS 304.39-080, titled in accordance with Chapter 186A, and registered as a motor vehicle in accordance with KRS 186.050(3)(a); permit low-speed electric vehicles to cross a roadway with a posted speed limit of more than 45 miles per hour if the intersection is equipped with an electric traffic signal.

(Prefiled by the sponsor(s).)

Aug 7-To: Interim Joint Committee on Transportation
Jan 6-introduced in Senate

SB 16/LM (BR 279) - T. Buford

AN ACT relating to urban-county government police and fire employees.
Amend KRS 67A.300 to provide that police and fire employees of an urban-county government who are laid off or suspended due to economic necessity caused wholly or in part by an increase in employer contributions to the policemen's and firefighters' retirement fund shall be provided a monthly benefit of 40 percent of salary and health insurance benefits not to exceed ten years or the date of reemployment or retirement; require the urban-county government to certify whether or not a police or fire employee who has been laid off or suspended is eligible for benefits; allow the employee to petition the Circuit Court if he or she is determined to not be eligible for benefits; EMERGENCY.

(Prefiled by the sponsor(s).)

Jan 6-introduced in Senate

SB 28 (BR 365) - J. Pendleton, D. Seum

AN ACT relating to charitable gaming.
Amend various sections of KRS Chapter 238 to extend the definition of charitable gaming to include electronic, computer, or other technologic aids; extend the definition of manufacturer to include bingo paper and charity gaming tickets and the provision of electronic and computer devices; provide authority for the Office of Charitable Gaming to establish and implement standards for electronic systems of accounting and recordkeeping; grant the office authority to approve all electronic, computer, or other technologic aids; provide that intentionally making false or misleading statements constitutes grounds for denial of a license; grant employees of the office authority to inspect the books and records of a licensed manufacturer or distributor; require a charity to be located in the county, or a contiguous county to the county, in which charitable gaming is conducted; provide acceptable costs to be included in calculation of the 40 percent rule; prohibit inaccurate reporting of the financial records of charitable gaming events; permit advertisement of linked bingo prizes in excess of $5,000; require charitable organizations to obtain office approval prior to using any electronic, computer, or other technologic aid in the conduct of bingo; grant the office authority to promulgate administrative regulations concerning linked bingo games; limit carryover or progressive prizes in seal card games to no more than $7,500; require records and books to be maintained in accordance with generally accepted standards of accounting and require charity to maintain records for six years at their offices or at a location designated and approved by the office; require any charity participating in linked bingo to use a point-of-sale system; permit the office to require reports to be filed electronically within six years; prohibit certain activities by an owner, officer, or contractee of a licensed charitable gaming facility; provide penalties for making intentionally false or misleading financial statements; designate sanctions against individuals found to be the cause of one or more serious violations and define serious violation; provide requirements for appeals to administrative actions by the office.

Jan 6-introduced in Senate

SB 29/LM (BR 213) - A. Kerr

AN ACT relating to breast-feeding.
Amend KRS 211.990 to establish a fine of 100 dollars for the first offense 200 for each subsequent penalty for any person who violates any provision of KRS 211.755, which establishes that breast-feeding is permitted by a mother in any location, public or private, where the mother is otherwise authorized to be.

Jan 6-introduced in Senate

SB 30/LM (BR 183) - J. Schickel, D. Seum, D. Kelly

AN ACT relating to public records.
Create a new section of KRS 65.750 to 65.760 to specify that tapes of communications with a 911 center or emergency dispatch center are not public records; provide for court-ordered release of transcript of conversation; provide for release copies of the actual tapes with permission from persons making the call and persons referenced in the call.

Jan 7-introduced in Senate

SB 35 (BR 401) - K. Stein

AN ACT relating to the operation of a motor vehicle by an individual under eighteen years of age.
Create a new section of KRS Chapter 189 to prohibit smoking by persons under the age of 18 while operating a motor vehicle; amend KRS 186.452 and 186.454 to extend the six month probationary permit or intermediate license period upon conviction.

Jan 7-introduced in Senate

SB 42 (BR 889) - J. Denton

AN ACT relating to crimes and punishments.
Amend KRS 510.140 to define "sexually oriented business," an "employee" thereof, and "nudity;", and to prohibit an employee of a sexually oriented business, while in a state of semi-nudity, to be within 6 feet of a patron.

Jan 9-introduced in Senate

SB 57 (BR 968) - R. Jones II

AN ACT relating to crimes and punishments.
Amend KRS 510.155, relating to using a communications system to procure a minor to engage in sexual offenses, to add to the definition of "minor" "any individual the person has reason to believe is a minor"; amend KRS 508.130 to include in the definitions used for Kentucky's stalking offenses stalking activity that is done electronically; amend KRS 531.010 and 531.300 to include live images transmitted over the Internet within material subject to the standards of Kentucky's obscenity laws; amend KRS 17.500 to create definitions for "electronic identity or online membership information" and "substantial change in appearance" and amend the definition of "registrant information" to require registrants on the sex offender registry to disclose more information; amend KRS 17.510 to require a new photograph of registrant if there is a substantial change in appearance; create provisions governing when a registrant changes or creates an electronic identity or online membership; amend KRS 17.580 to modify the registration, display, and searchability of sex offender electronic identities and online membership information; require cabinet to promulgate regulations to classify registrants and assign color schemes for each classification to display on the sex offender registry Web site; require the Web site to display a registrant's classification, the associated color scheme, and whether the registrant is subject to GPS monitoring; create a new section of KRS Chapter 525 to prohibit cyber-harassment and provide a penalty; create a new section of KRS 439.250 to 439.560 to require lifetime registrants on probation or parole to be subject to GPS monitoring; require Department of Corrections to promulgate regulations regarding GPS and create penalty for registrant's failure to comply; require registrants to pay for the monitoring and create a penalty for tampering with GPS equipment; create a new section of KRS Chapter 500 to provide for the forfeiture of personal property used in the commission of certain delineated offenses; amend various other sections to conform; require a study by the Interim Joint Committee on the Judiciary on the implementation of the Adam Walsh Child Protection and Safety Act of 2006 in Kentucky.

Feb 3-introduced in Senate

SB 60 (BR 982) - E. Tori

AN ACT relating to homeland security.
Amend KRS 39G.010 to attach the Office of Homeland Security to the Department of Military Affairs and require the executive director to carry out his or her duties under the general direction of the adjutant general; amend KRS 12.023 and 39G.030 to conform.

Feb 4-introduced in Senate

SB 65 (BR 1183) - J. Denton

AN ACT relating to controlled substances.
Amend KRS 218A.202 to specify the entities authorized to receive reports from the Kentucky All Schedule Prescription Electronic Reporting (KASPER) system; require the Cabinet for Health and Family Services to notify a board responsible for the licensure, regulation, or discipline of a practitioner, pharmacist, or other person authorized to prescribe, administer, or dispense controlled substances if analysis of data from the system indicates investigation about inappropriate or unlawful prescribing is necessary; permit the Department for Medicaid Services to share data regarding overprescribing by Medicaid providers with the appropriate board and to share data regarding overutilization by Medicaid recipients with a Kentucky peace officer, a certified or full-time peace officer of another state or a federal peace officer; prohibit a report from the system to be used as evidence in pursuit of a civil or criminal remedy; specify the conditions for disclosure of reports; permit the cabinet to provide nonidentifying data from the system to an outside agency for use in conducting research, statistical analysis, or educational purposes; require the outside agency to obtain written approval from the cabinet before publishing the results of any analysis or study; and delete provisions for a pilot study.

Feb 5-introduced in Senate

SB 75/CI (BR 1346) - J. Denton

AN ACT relating to sexual abuse in the first degree.
Amend KRS 510.110 relating to sexual abuse in the first degree to include persons incarcerated, supervised, evaluated, or treated in confinement and treatment facilities who have been subjected to sexual contact by those operating or managing the facility, contractors, or volunteers at the facility.

Feb 5-introduced in Senate

SB 82/LM (BR 1383) - T. Buford

AN ACT relating to landline and wireless enhanced 911 emergency call systems.
Amend KRS 65.760 to permit local governments to designate a collection agent other than the phone provider for collecting the 911 service charge.

Feb 9-introduced in Senate

SB 86 (BR 1485) - E. Tori

AN ACT relating to peace officers.
Amend KRS 61.365, relating to federal peace officers with Kentucky peace officer powers, to add the U.S. Mint of the United States Department of Treasury; make technical correction.

SB 86 - AMENDMENTS


SFA (1, D. Boswell) - Amend KRS 189.950 to allow a jailer and a chief deputy jailer to use flashing blue lights on their motor vehicles upon approval of the fiscal court.

Feb 9-introduced in Senate

SB 90/LM/CI (BR 946) - R. Jones II

AN ACT relating to crimes and punishments.
Amend KRS 510.060 to prohibit employees, vendors, and volunteers of correctional or detention facilities from engaging in sexual intercourse with inmates of the facility.

Feb 9-introduced in Senate

SB 93 (BR 1609) - R. Jones II

AN ACT relating to the presumption of death.
Amend KRS 397.1005 to decrease from seven to three years the amount of time required before an absent person can be presumed dead.

Feb 9-introduced in Senate

SB 95/LM (BR 1391) - K. Stein

AN ACT relating to civil rights.
Amend KRS 344.010 to include definitions for "sexual orientation" and "gender identity"; amend KRS 344.020, relating to the purpose of the Kentucky's civil rights chapter, to include a prohibition on discrimination because of sexual orientation and gender identity; amend KRS 344.040, 344.050, 344.060, 344.070, and 344.080, relating to prohibited discrimination in various labor and employment practices, to include sexual orientation and gender identity; amend KRS 344.025, 344.100, 344.110, and KRS 18A.095, relating to the same, to conform; amend KRS 344.120 and 342.140, relating to prohibited discrimination in places of public accommodation and advertisements therefor, to include sexual orientation and gender identity; amend KRS 344.170, 344.180, 344.190, 344.300, and 344.310, relating to the state and local human rights commissions, to include prohibition of discrimination on the basis of sexual orientation and gender identity in the scope of their powers and duties; amend KRS 344.360, 344.680, 344.370, and 344.380, relating to prohibited discrimination in certain housing, real estate, and other financial transactions, to include sexual orientation and gender identity; amend KRS 344.367, relating to prohibited discrimination in certain insurance sales, to include sexual orientation and gender identity; amend KRS 344.400, relating to prohibited discrimination in certain credit transactions, to include sexual orientation and gender identity; and make various technical amendments.

Feb 9-introduced in Senate

SB 101/LM (BR 1399) - K. Stein

AN ACT relating to dating violence.
Amend KRS 403.720 to include dating partners among the class of persons allowed to obtain domestic violence protective orders; amend KRS 431.005 to reference the definition of "unmarried couple" in KRS 403.720

Feb 9-introduced in Senate

SB 105/LM (BR 1656) - K. Winters

AN ACT relating to federal peace officers.
Amend KRS 61.365 to include police officers with the Tennessee Valley Authority among those federal peace officers to have the same powers and duties as other peace officers in the Commonwealth.

Feb 9-introduced in Senate

SB 112/AA (BR 1637) - K. Stine

AN ACT relating to local government participation in the state health plans.
Amend KRS 78.530 to allow agencies who are established by a merger or interlocal agreement consisting or at least one agency who participated in the County Employees Retirement System (CERS) on or before April 9, 2002, to be exempt from the requirement of signing a contract for employee health insurance with the Personnel Cabinet as a condition of participation in CERS and to apply the provisions to existing agencies established before the effective date of the Act.

Feb 10-introduced in Senate

SB 128 (BR 453) - P. Clark

AN ACT relating to the protection of adults.
Create a new section of KRS Chapter 209 to require the cabinet to establish a registry of persons against whom charges have been substantiated for adult abuse, neglect, or exploitation; require an appeal process for these persons by the cabinet; prohibit a licensed or certified facility from employing a person on the registry.

Feb 11-introduced in Senate

SB 130/LM (BR 1514) - D. Givens

AN ACT relating to media activities in the voting room.
Amend KRS 117.235 and 117.236 to prohibit cameras and video recording devices to be used in a voting room with certain exceptions; and to establish limitations, requirements and prohibitions for members of the news media to follow on a primary or an election day.

Feb 12-introduced in Senate

SB 131 (BR 1188) - J. Pendleton

AN ACT relating to industrial hemp.
Create new sections of KRS Chapter 260 to define "department," "industrial hemp," and "THC"; require persons wanting to grow or process industrial hemp to be licensed by the Department of Agriculture; require criminal history checks by local sheriff; require the Department of Agriculture to promulgate administrative regulations to carry out the provisions of the Act; require sheriff to monitor and randomly test industrial hemp fields; assess a fee of $5 per acre for every acre of industrial hemp grown, with a minimum fee of $150, to be divided equally between the Department of Agriculture and the appropriate sheriff's department; require licensees to provide the Department of Agriculture with names and addresses of any grower or buyer of industrial hemp and copies of any contracts the licensee may have entered into relating to the industrial hemp; clarify that the Act does not authorize any person to violate federal law.

Feb 12-introduced in Senate

SB 137 (BR 89) - R. Jones II

AN ACT relating to civil liability.
Amend KRS 411.148 to provide limited immunity from civil liability to certain medical providers for services rendered, without compensation to law enforcement agencies.

Feb 12-introduced in Senate

SB 140 (BR 1570) - E. Worley, R. Jones II

AN ACT relating to retirement.
Amend KRS 16.601 and 61.621 to increase the death in the line of duty benefits to 50% of the member's monthly final rate of pay for current and future surviving spouses of public safety employees; provide increase to current surviving spouses of public safety employees effective August 1, 2009.

Feb 12-introduced in Senate

SB 143 (BR 1605) - R. Palmer II

AN ACT relating to crimes and punishments.
Amend KRS 509.040 relating to kidnapping, KRS 511.020 and 511.030 relating to burglary, and KRS 515.020 and 515.030 relating to robbery to increase the penalties designated for those offenses where they are committed in the course of a home invasion.

Feb 12-introduced in Senate

SB 144 (BR 1246) - G. Tapp

AN ACT relating to promotional sampling of distilled spirits.
Amend KRS 243.0305 to make the hours and days of operation for a souvenir retail liquor licensee subject to local ordinance; amend KRS 244.050 to allow retail drink, retail package, and souvenir retail liquor licensees to give a customer 3 distilled spirit samples per day rather than 2 samples under a sampling license; permit a licensed distiller to acquire a sampling license; limit a distiller to providing up to 3 separate 1/2 ounce complimentary samples of its distilled spirits per day to each customer during regular business hours on the distiller's licensed premises or at a retailer's licensed premises; require retail licensees to sell the distilled spirits used for a complimentary sampling event at no more than the retail licensee's normal selling price; prohibit a distiller from using its sampling license on its distillery premises unless it also holds a souvenir retail liquor license; permit the retail licensee to bill on a per-event basis in the usual course of business; authorize distiller licensees to give a consumer who is touring the distillery for educational purposes one complimentary sample of up to 1/2 ounce of un-aged product manufactured at the distillery premises; enable distiller licensees to offer consumers branded nonalcoholic promotional items of nominal value in conjunction with a distillery tour or a complimentary sampling event.

Feb 13-introduced in Senate; to Licensing, Occupations & Administrative Regulations (S)

SB 149 (BR 1486) - E. Tori

AN ACT relating to charitable gaming.
Amend KRS 238.545 to allow use of a charity game ticket dispenser during the hours a location is open if the organization owns the facility; require an officer or chairperson to be present during unloading and reloading of the dispenser.

Feb 13-introduced in Senate; to Licensing, Occupations & Administrative Regulations (S)

SB 151 (BR 413) - D. Givens

AN ACT relating to the release of veterinarian records.
Amend KRS 321.185 by describing the circumstances under which veterinarians shall release records of patients.

Feb 13-introduced in Senate; to Agriculture (S)

SB 161 (BR 1306) - J. Denton

AN ACT relating to the protection of children in child-care facilities during emergencies.
Create a new section of KRS 199.892 to 199.896 to require a child-care center to have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation; require the plan to be updated annually; require the plan to be provided to local emergency officials and parents; effective December 31, 2009.

Feb 13-introduced in Senate; to Health & Welfare (S)

SB 167 (BR 507) - R. Stivers II

AN ACT relating to reorganization.
Amend KRS 12.020 and 15A.020 to eliminate the Department of Kentucky Vehicle Enforcement and transfer its functions and personnel to a newly created Division of Commercial Vehicle Enforcement within the Department of Kentucky State Police; amend KRS 281.600 to transfer motor carrier safety audit program responsibility to the Department of Kentucky State Police; amend KRS 15A.075, 18A.005, 18A.095, 281.755, 281.880, 281.883, 281A.090, and 431.105 to conform; repeal KRS 15A.370, 15A.371, and 15A.372; confirm Executive Order 2008-707.

Feb 13-introduced in Senate; to Judiciary (S)

SB 171 (BR 480) - G. Tapp

AN ACT relating to tobacco products.
Create new section of KRS Chapter 438 to prohibit sale of tobacco products through self-service displays except in tobacco specialty stores; prohibit sales through self-service displays to minors; establish fines for selling through self-service displays for first and subsequent offenses; deem violations committed by minors status offenses and under jurisdiction of District Court; require general law enforcement and Alcohol Beverage Control employees to issue citations; amend KRS 438.305 to define "retailer," sale at retail," "self-service display," and "tobacco specialty store,"; amend KRS 438.310 to require the seller to obtain valid proof of age if the buyer appears to be under age 27; provide an affirmative defense for the retailer if the buyer was 18 at time of purchase; apply penalty for retailers that do not require valid proof of age; amend KRS 438.313 to prohibit persons from giving or buying cigarettes or tobacco products for minors; exempt minors from handling or transporting tobacco products as part of the minor's employment responsibilities; establish a fine between $500 and $1,000 for persons who buy or give tobacco products to minors; amend KRS 438.315 to prohibit dispensing tobacco products through vending machines along with nontobacco products except matches; and conform subsection references.

Feb 13-introduced in Senate; to Judiciary (S)

SB 173 (BR 418) - W. Blevins Jr., J. Carroll, G. Neal

AN ACT relating to the interview of a minor in a criminal investigation.
Create a new section of KRS Chapter 505 to restrict the interview or interrogation of a minor about their suspected involvement in criminal conduct.

Feb 13-introduced in Senate; to Judiciary (S)

SB 189/LM/CI (BR 474) - E. Worley

AN ACT relating to identity theft.
Amend KRS 514.160, relating to theft of identity, to add avoiding criminal prosecution as an element of the offense.

Feb 13-introduced in Senate; to Judiciary (S)

SB 190/CI (BR 310) - E. Worley

AN ACT relating to the Kentucky Unified Juvenile Code.
Amend KRS 640.040, relating to sentences for youthful offenders, to delete the use of capital punishment for a youthful offender who committed a capital offense when he or she was 17; provide for life imprisonment without parole.

Feb 13-introduced in Senate; to Judiciary (S)