2011 Bills Filed of Interest to Law Enforcement

BR 12 - Representative Linda Belcher (06/11/10)

AN ACT relating to prescription drugs.
Create a new section of KRS Chapter 218A to make pseudoephedrine, ephedrine, and phenylpropanolamine prescription substances, make exemptions, and establish penalties for prohibited conduct; amend KRS 218A.1446, relating to the recording of pseudoephedrine transactions, to conform.

BR 17 - Representative Linda Belcher (08/25/10)

AN ACT relating to the care of individuals with mental retardation or other developmental disorders.
Repeal and reenact KRS 202B.070, relating to the duty of individuals with direct care responsibility for residents of ICF/MR to meet specific needs, including supervision; name the statute "Deron's Law"; amend KRS 202B.070 to delete the word "intentionally" and replace it with the word "negligently" in reference to the failure to provide supervision of a resident by an individual who has direct care responsibility.

BR 22 - Representative Linda Belcher (06/11/10)

AN ACT relating to the reporting of stolen items with vehicle identification numbers.
Create a new section of KRS Chapter 186 to require a law enforcement agency to enter a stolen item with a vehicle identification number into the NCIC database.

BR 33 - Representative Mike Harmon (08/25/10)

AN ACT relating to driving under the influence.
Amend various sections in KRS Chapter 189A, relating to driving under the influence, to restructure the existing penalties from a four-tiered structure to a three-tiered structure; expand the five-year look back window for prior offenses from 5 years to 10 years, and to allow forfeiture of motor vehicles used in a DUI if the operator's license had been previously suspended; amend KRS 281A.2102 to conform.

BR 52 - Representative Sal Santoro (08/12/10)

AN ACT relating to pawnbrokers.
Amend KRS 226.010 to define "pawnbroker," "pledgor," and "permitted user"; amend KRS 226.040 to expand registry requirements associated with pawn transactions, prohibit pawn transactions with persons unwilling or unable to provide required identification, and require submission of information to the Department of Kentucky State Police or contracted vendor; and create a new section of KRS Chapter 17 to require the Department of Kentucky State Police to establish or contract for the provision of pawn database services.

BR 67 - Representative Tom Burch (11/23/10)

AN ACT relating to the reporting of deaths in nursing homes.
Create a new section of KRS 216 to require each long term care facility or hospice facility to require a designated reporter to report all deaths to the appropriate coroner or medical examiner within 24 hours, in the case of a resident dying while away from the facility the report is required within 24 hours of the facility receiving notification of the death; require coroners or medical examiners to accept the report and, upon finding reasonable cause to suspect death as a result of maltreatment, to continue the investigation as a coroner's case, as a police report or as a report to the appropriate Commonwealth's attorney; amend KRS 216B.990 to create a Class C misdemeanor for the first offense when a designated reporter fails to report a death and a Class B misdemeanor for subsequent offenses; create a fine of $200 per week for long term care facilities that fail to designate an employee as the designated reporter; create a new section of KRS Chapter 431 to require the Attorney General to establish a Kentucky Multidisciplinary Commission on Adult Abuse and Neglect, require each investigation of a death in a nursing home to be conducted by a specialized multidisciplinary team, require local protocols to be developed in each county or by contiguous county groups specifying how state protocols are to be followed; amend KRS 216B.590 to require surveyors and investigators to undergo at least 2 hours of training surrounding evidence preservation following a death in a nursing home due to suspected abuse or neglect; create a new section of KRS chapter 216 to require each long term care facility to conduct a three hour Attorney General-approved training session every 2 years covering the prevention of adult abuse and neglect; amend KRS 209.990 to make failure to report the abuse or neglect of an adult a Class A misdemeanor.

BR 92 - Senator John Schickel (09/02/10)

AN ACT relating to firearms, including ammunition and accessories for firearms.
Create new sections of KRS Chapter 237 relating to firearms, ammunition, and firearms accessories made in Kentucky, marked as made in Kentucky, and used in Kentucky to specify that these items, with specified exemptions, are exempt from federal law; name law the "Kentucky Firearms Freedom Act".

BR 97 - Representative Joni L. Jenkins (08/17/10)

AN ACT relating to crimes and punishments.
Amend KRS 508.025 relating to third degree assault to include an assault on an operator or passenger of a taxi, bus, or other passenger vehicle for hire within that offense; amend KRS 508.050 and 525.060 relating to menacing and disorderly conduct to increase the penalty for those offenses where the offense is committed against an operator or passenger of a taxi, bus, or other passenger vehicle for hire.

BR 98 - Representative Keith Hall (09/22/10)

AN ACT relating to emergency vehicles.
Amend KRS 189.920 relating to lights on emergency vehicles to permit publicly owned jail vehicles used for emergency purposes to use blue lights but not sirens; permit elected jailer or chief administrator of a jail without a jailer to use blue lights on one personal vehicle.

BR 131 - Representative Jody Richards (09/17/10)

AN ACT relating to domestic violence.
Amend KRS 403.720 relating to domestic violence orders to include dating partners among the class of persons allowed to obtain domestic violence protective orders.

BR 141 - Senator Joey Pendleton (11/17/10)

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; require Kentucky to adopt any federal rules or regulations relating to industrial hemp.

BR 143 - Representative Marie Rader, Representative Addia Wuchner (09/16/10)

AN ACT relating to coroners.
Amend KRS 189.910, 189.920 and 189.940 to permit a coroner or deputy coroner to equip a private or public vehicle with red and blue lights and a siren with the permission of the legislative body of the county, urban-county, consolidated local government, or unified local government and to use the lights and siren only to respond to the scene of an emergency involving the reported death of a human being.

BR 161 - Representative Sal Santoro, Representative Alecia Webb-Edgington (09/21/10)

AN ACT relating to firearms, including ammunition and accessories for firearms.
Create new sections of KRS Chapter 237 relating to firearms, ammunition, and firearms accessories made in Kentucky, marked as made in Kentucky, and used in Kentucky to specify that these items, with specified exemptions, are exempt from federal law; name the law the "Kentucky Firearms Freedom Act".

BR 202 - Representative Joni L. Jenkins (11/09/10)

AN ACT relating to elder and vulnerable adult abuse, neglect, and financial exploitation and making an appropriation therefor.
Amend KRS 209.990 to provide a civil remedy with treble damages for use against persons who are convicted of exploitation of an adult and fail to return the victim's property within 30 days of an order by the sentencing court to do so; amend KRS 381.280 to include the commission of a felony under KRS Chapter 209 among the offenses that trigger an offender's forfeiture of the right to inherit property from the victim of the offense; direct that any escheated property be directed to the elder and vulnerable victims trust fund; create a new section of KRS Chapter 41 to establish the elder and vulnerable victims trust fund to provide funding for programs combating elder and vulnerable adult abuse, neglect, or financial exploitation.

BR 243 - Representative Danny Ford (11/17/10)

AN ACT relating to energy drinks.
Create a new section of KRS Chapter 217 to prohibit the sale of energy drinks to children under 18 years of age; amend 217.015 to define the term "energy drink".

BR 267 - Representative Ron Crimm (11/23/10)

AN ACT relating to the operation of vehicles on a highway.
Amend KRS 189.030 to require that headlamps on a vehicle shall be illuminated whenever the vehicle is being operated on a highway.

BR 270 - Representative Ron Crimm (11/12/10)

AN ACT relating to animals.
Amend KRS 525.125, 525.130, and 525.135 to forfeit ownership of animals involved in cruelty and torture cases and prohibit ownership or possession of animals of the same species for two years.

BR 272 - Representative Ron Crimm (11/16/10)

AN ACT relating to traffic control devices.
Create a new section of KRS Chapter 189 to require local governments that have installed speed bumps or speed humps on a roadway under its jurisdiction to denote the speed bumps or speed humps using a road sign or paint them so that they are clearly visible to persons traveling the roadway.