Kentucky 2020 Regular Session Status: Enacted

SB 111 — AN ACT relating to public safety personnel.

Last action — signed by Governor (Acts Ch. 124)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2020. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

179 added · 26 removed

179 line(s) added, 26 removed.

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UNOFFICIAL COPY 20 RS BR 1211 AN ACT relating to the transportation of police officers, firefighters, and emergency medical services personnel killed in the line of duty.
UNOFFICIAL COPY 20 RS SB 111/EN AN ACT relating to public safety personnel.
(1) The coroner shall ensure that the remains of a police officer, firefighter, or emergency medical services personnel, as defined in KRS 61.315, killed in the line of duty are returned to the care and custody of that person's family or other party responsible for the person's final arrangements in a casket or other similar vessel.
(1) The coroner shall ensure that the remains of a police officer, firefighter, or emergency medical services personnel, as defined in KRS 61.315, or a coroner or deputy coroner, killed in the line of duty are returned to the care and custody of that person's family or other party responsible for the person's final arrangements in a professional manner so as to obscure the contour of the decedent's remains.
The casket or vessel shall be covered by an American flag.
Upon the wishes of the family or other responsible party, the coroner shall ensure that the decedent is covered by an American flag in honor of his or her service.
(2) The fiscal court, or legislative body of an urban-county government, charter county government, consolidated local government, or unified local government shall be responsible for any costs associated with obtaining the flag and casket or similar vessel for transporting the police officer, firefighter, or emergency medical services personnel under subsection (1) of this section.
(2) The coroner may make arrangements with the family or other responsible party of a decedent described in subsection (1) of this section to have the individual returned to the care and custody of that person's family or other party responsible for the person's final arrangement by a funeral home or a designated transport service.
(3) Nothing in this section shall be construed as requiring the fiscal court, or legislative body of an urban-county government, charter county government, consolidated local government, or unified local government, to purchase the flag to remain in the permanent custody of the family or other party responsible for the police officer's, firefighter's, or emergency medical services personnel's final arrangements, or to purchase the casket or similar vessel for the permanent interment or cremation, or other final and permanent disposition of the remains of the police officer, firefighter, or emergency medical services personnel.
In that case, the decedent shall be transported in the manner set out in subsection (1) of this section.
Page 1 of 1 XXXX Jacketed
Section 2.
KRS 15.440 is amended to read as follows:
(1) Each unit of government that meets the following requirements shall be eligible to share in the distribution of funds from the Law Enforcement Foundation Program fund:
(a) Employs one (1) or more police officers;
(b) Pays every police officer at least the minimum federal wage;
(c) Requires all police officers to have, at a minimum, a high school degree, or its equivalent as determined by the council, except that each police officer employed prior to the date on which the officer's police department was Page 1 of 6 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 111/EN included as a participant under KRS 15.410 to 15.510 shall be deemed to have met the requirements of this subsection;
(d) 1.
Requires all police officers to successfully complete a basic training course of nine hundred twenty-eight (928) hours' duration within one (1) year of the date of employment at a school certified or recognized by the council, which may provide a different number of hours of instruction as established in this paragraph, except that each police officer employed prior to the date on which the officer's police department was included as a participant under KRS 15.410 to 15.510 shall be deemed to have met the requirements of this subsection.
2.
As the exclusive method by which the number of hours required for basic training courses shall be modified from that which is specifically established by this paragraph, the council may, by the promulgation of administrative regulations in accordance with the provisions of KRS Chapter 13A, explicitly set the exact number of hours for basic training at a number different from nine hundred twenty-eight (928) hours based upon a training curriculum approved by the Kentucky Law Enforcement Council as determined by a validated job task analysis.
3.
If the council sets an exact number of hours different from nine hundred twenty-eight (928) in an administrative regulation as provided by this paragraph, it shall not further change the number of hours required for basic training without promulgating administrative regulations in accordance with the provisions of KRS Chapter 13A.
4.
Nothing in this paragraph shall be interpreted to prevent the council, pursuant to its authority under KRS 15.330, from approving training schools with a curriculum requiring attendance of a number of hours that exceeds nine hundred twenty-eight (928) hours or the number of hours Page 2 of 6 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 111/EN established in an administrative regulation as provided by subparagraphs 2.
and 3.
of this paragraph.
However, the training programs and schools for the basic training of law enforcement personnel conducted by the department pursuant to KRS 15A.070 shall not contain a curriculum that requires attendance of a number of hours for basic training that is different from nine hundred twenty-eight (928) hours or the number of hours established in an administrative regulation promulgated by the council pursuant to the provisions of KRS Chapter 13A as provided by subparagraphs 2.
and 3.
of this paragraph.
5.
KRS 15.400 and 15.404(1), and subparagraphs 1.
to 4.
of this paragraph to the contrary notwithstanding, the council may, through the promulgation of administrative regulations in accordance with KRS Chapter 13A, approve basic training credit for:
a.
Years of service credit as a law enforcement officer with previous service in another state;
and b.
Basic training completed in another state.
6.
KRS 15.400 and 15.404(1) and subparagraphs 1.
to 4.
of this paragraph to the contrary notwithstanding, the council may, through the promulgation of administrative regulations in accordance with KRS Chapter 13A, approve basic training credit for:
a.
Completion of eight hundred forty-eight (848) hours of training at a school established pursuant to KRS 15A.070;
b.
A minimum of fifteen (15) years of experience as a certified law enforcement instructor at a school established pursuant to KRS 15A.070;
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c.
Completion of an average of forty (40) hours of Kentucky Law Enforcement Council approved in-service training annually Page 3 of 6 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 111/EN from January 1, 1997 through January 1, 2020;
d.
Completion of all mandatory training obligations under KRS 15.334 from January 1, 1997 to January 1, 2020;
e.
Three (3) years of active, full-time service as a:
i.
City, county, urban-county, charter county, consolidated local, or unified local government police officer;
ii.
Sheriff's deputy, excluding special deputies appointed under KRS 70.045;
iii.
Department of Kentucky State Police officer;
or iv.
Kentucky Department of Fish and Wildlife Resources conservation officer exercising peace officer powers under KRS 150.090;
and f.
Completion of the:
i.
Twenty-four (24) hour legal update Penal Code course;
ii.
Sixteen (16) hour legal update constitutional procedure course;
and iii.
Forty (40) hour basic officer skills course within one (1) year prior to applying for certification;
(e) Requires all police officers to successfully complete each calendar year an in- service training course, appropriate to the officer's rank and responsibility and the size and location of the officer's police department, of forty (40) hours' duration, of which the number of hours shall not be changed by the council, at a school certified or recognized by the council.
This requirement shall be waived for the period of time that a peace officer is serving on active duty in the United States Armed Forces.
This waiver shall be retroactive for peace officers from the date of September 11, 2001;
(f) Complies with all provisions of law applicable to police officers or police Page 4 of 6 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 111/EN departments, including transmission of data to the centralized criminal history record information system as required by KRS 17.150 and transmission of reports as required by KRS 15.391;
(g) Complies with all rules and regulations, appropriate to the size and location of the police department issued by the cabinet to facilitate the administration of the fund and further the purposes of KRS 15.410 to 15.510;
(h) Possesses a written policy and procedures manual related to domestic violence for law enforcement agencies that has been approved by the cabinet.
The policy shall comply with the provisions of KRS 403.715 to 403.785.
The policy shall include a purpose statement;
definitions;
supervisory responsibilities;
procedures for twenty-four (24) hour access to protective orders;
procedures for enforcement of court orders or relief when protective orders are violated;
procedures for timely and contemporaneous reporting of adult abuse and domestic violence to the Cabinet for Health and Family Services, Department for Community Based Services;
victim rights, assistance, and service responsibilities;
and duties related to timely completion of records;
and (i) Possesses by January 1, 2017, a written policy and procedures manual related to sexual assault examinations that meets the standards provided by, and has been approved by, the cabinet, and which includes:
1.
A requirement that evidence collected as a result of an examination performed under KRS 216B.400 be taken into custody within five (5) days of notice from the collecting facility that the evidence is available for retrieval;
2.
A requirement that evidence received from a collecting facility relating to an incident which occurred outside the jurisdiction of the police department be transmitted to a police department with jurisdiction Page 5 of 6 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 111/EN within ten (10) days of its receipt by the police department;
3.
A requirement that all evidence retrieved from a collecting facility under this paragraph be transmitted to the Department of Kentucky State Police forensic laboratory within thirty (30) days of its receipt by the police department;
4.
A requirement that a suspect standard, if available, be transmitted to the Department of Kentucky State Police forensic laboratory with the evidence received from a collecting facility;
and 5.
A process for notifying the victim from whom the evidence was collected of the progress of the testing, whether the testing resulted in a match to other DNA samples, and if the evidence is to be destroyed.
The policy may include provisions for delaying notice until a suspect is apprehended or the office of the Commonwealth's attorney consents to the notification, but shall not automatically require the disclosure of the identity of any person to whom the evidence matched.
(2) A unit of government which meets the criteria of this section shall be eligible to continue sharing in the distribution of funds from the Law Enforcement Foundation Program fund only if the police department of the unit of government remains in compliance with the requirements of this section.
(3) Deputies employed by a sheriff's office shall be eligible to participate in the distribution of funds from the Law Enforcement Foundation Program fund regardless of participation by the sheriff.
(4) Failure to meet a deadline established in a policy adopted pursuant to subsection (1)(i) of this section for the retrieval or submission of evidence shall not be a basis for a dismissal of a criminal action or a bar to the admissibility of the evidence in a criminal action.
Page 6 of 6 XXXX Engrossed
View plain text versions (2)

How this bill changes current law

4 changes Share ↗

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill creates new provisions for the handling of remains of certain public safety personnel and amends existing law regarding the requirements for participation in the Law Enforcement Foundation Program fund.

  • KRS 15.440

    e. Requires all police officers to successfully complete each calendar year an in-service training course, appropriate to the officer's rank and responsibility and the size and location of the officer's police department, of forty (40) hours' duration, of which the number of hours shall not be changed by the council, at a school certified or recognized by the council. This requirement shall be waived for the period of time that a peace officer is serving on active duty in the United States Armed Forces. This waiver shall be retroactive for peace officers from the date of September 11, 2001;

    New in-service training requirements are established for police officers to ensure ongoing training.

  • KRS 15.440

    d. Completion of all mandatory training obligations under KRS 15.334 from January 1, 1997 to January 1, 2020;

    The bill requires the completion of all training obligations for law enforcement officers within a specific historical timeframe.

  • (1) The coroner shall ensure that the remains of a police officer, firefighter, or emergency medical services personnel, as defined in KRS 61.315, or a coroner or deputy coroner, killed in the line of duty are returned to the care and custody of that person's family or other party responsible for the person's final arrangements in a professional manner so as to obscure the contour of the decedent's remains. Upon the wishes of the family or other responsible party, the coroner shall ensure that the decedent is covered by an American flag in honor of his or her service.

    New standards are established for coroners regarding the handling of remains of fallen public safety personnel.

  • (2) The coroner may make arrangements with the family or other responsible party of a decedent described in subsection (1) of this section to have the individual returned to the care and custody of that person's family or other party responsible for their final arrangement by a funeral home or a designated transport service. In that case, the decedent shall be transported in the manner set out in subsection (1) of this section.

    Coroners are given the authority to arrange transportation for the remains of deceased public safety personnel.

Action History

  1. signed by Governor (Acts Ch. 124)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. passed 33-0

  6. Senate concurred in House floor amendments (1) and (4-title)

  7. posted for passage for concurrence in House floor amendments (1) and (4-title)

  8. to Rules (S)

  9. received in Senate

  10. 3rd reading, passed 84-2 with floor amendments (1) and (4-title)

  11. placed in the Orders of the Day

  12. taken from Rules

  13. floor amendments (1), (2), (3-title) and (4-title) filed

  14. reported favorably, 2nd reading, to Rules

  15. returned to Local Government (H)

  16. 1st reading

  17. taken from Local Government (H)

  18. posted in committee

  19. to Local Government (H)

  20. received in House

  21. 3rd reading, passed 34-0 with Committee Substitute (1) committee amendment (1-title)

  22. posted for passage in the Regular Orders of the Day for Wednesday, February 19, 2020

  23. 2nd reading, to Rules

  24. reported favorably, 1st reading, to Calendar with Committee Substitute (1) and committee amendment (1-title)

  25. to Veterans, Military Affairs, & Public Protection (S)

  26. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 33 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 19004
Republican 14000
Democrat 0001
Total 33005
% of votes cast 87%0%0%13%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Parrett — Yea
Thomas — Yea
Buford — Yea
Hornback — Yea
Turner — Yea
Humphries — Yea
Robinson — Yea
Carroll D — Yea
Schickel — Yea
Castlen — Yea
McGarvey — Yea
Schroder — Yea
Westerfield — Yea
Embry — Yea
Meredith — Yea
Nemes — Yea
Thayer — Yea
Harris — Yea
Kerr — Not Voting
Clark — Not Voting
Harper Angel — Not Voting
Miller J — Not Voting
Gerald A. Neal Democrat Not Voting
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 84 Yea · 2 Nay · 15 Other
Party YeaNayPresentNot Voting
Republican 31000
Unaffiliated 472014
Democrat 6001
Total 842015
% of votes cast 83%2%0%15%
How each member voted (101)
Member Party Vote
Fischer — Yea
Huff T — Yea
Sheldon — Yea
Bechler — Yea
Frazier — Yea
Jenkins — Yea
Minter — Yea
Sims — Yea
Bentley — Yea
Nemes — Yea
Stone — Yea
Koenig — Yea
Booker — Yea
Glenn — Yea
Lee — Yea
Pratt — Yea
Thomas — Yea
Branham Clark — Yea
Graham — Yea
Lewis D — Yea
Prunty — Yea
Graviss — Yea
Lewis S — Yea
Raymond — Yea
Brenda — Yea
Webber — Yea
Harris — Yea
Massey — Yea
Westrom — Yea
Brown G — Yea
Wheatley — Yea
Cantrell — Yea
Hatton — Yea
McCoy — Yea
Rothenburger — Yea
Heath — Yea
Rowland — Yea
Wiederstein — Yea
DuPlessis — Yea
Meredith — Yea
Hinkle — Yea
Meyer — Yea
Santoro — Yea
Yates — Yea
Howard — Yea
Schamore — Yea
Donohue — Nay
Scott — Nay
Burch — Not Voting
Goforth — Not Voting
Palumbo — Not Voting
Stewart — Not Voting
Carney — Not Voting
Hoover — Not Voting
Meeks — Not Voting
Rand — Not Voting
Turner — Not Voting
Flood — Not Voting
Sorolis — Not Voting
COMMONWEALTH OF KENTUCKY SENATE — Not Voting
Huff R — Not Voting
Miller C — Not Voting
Miller J — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea

Official roll call →

PASS SB 111 W/ scs 1, scta 1

Passed 34 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 20003
Democrat 1000
Republican 13001
Total 34004
% of votes cast 89%0%0%11%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Thomas — Yea
Buford — Yea
Harris — Yea
Nemes — Yea
Turner — Yea
Robinson — Yea
Carroll D — Yea
Hornback — Yea
Schickel — Yea
Humphries — Yea
Schroder — Yea
Westerfield — Yea
Castlen — Yea
Clark — Yea
McGarvey — Yea
Meredith — Yea
Thayer — Yea
Embry — Not Voting
Kerr — Not Voting
Parrett — Not Voting
Harper Angel — Yea
Miller J — Yea
Gerald A. Neal Democrat Yea
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Not Voting
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

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This bill has been enacted into law. Introduced January 24, 2020. Enacted.
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