Kentucky 2020 Regular Session Status: Passed Senate

SB 64 — AN ACT relating to indemnification of prosecutors.

Last action — to Rules (S)

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

This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

28 added · 26 removed

28 line(s) added, 26 removed.

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UNOFFICIAL COPY 20 RS BR 950 AN ACT relating to indemnification of prosecutors.
UNOFFICIAL COPY 20 RS SB 64/GA AN ACT relating to indemnification of prosecutors.
(2) A person named in subsection (1) of this section who is sued for any act or omission in the course of his or her duties and who has a judgment[ for monetary damages] rendered against him or her and who[ personally] suffers actual financial loss, unreimbursed from any source, by the enforcement and satisfaction of the judgment, including any costs or attorney's fees awarded pursuant thereto and any costs or attorney's fees incurred in defending the action, shall be indemnified by the Commonwealth from funds appropriated to the Finance and Administration Cabinet for the payment of judgments, to the extent of the[his] actual financial loss.
(2) A person named in subsection (1) of this section who is sued for any act or omission in the course of his or her duties and who[ has a judgment for monetary damages rendered against him and who personally] suffers actual financial loss, unreimbursed from any source,[ by the enforcement and satisfaction of the judgment,] including any costs or attorney's fees awarded as a result of the action[pursuant thereto], or any costs or reasonable attorney's fees incurred in defending the action, shall be indemnified by the Commonwealth from funds appropriated to the Finance and Administration Cabinet for the payment of judgments, to the extent of his actual financial loss.
(3) The indemnification shall be contingent upon an express determination by the Prosecutor's Advisory Council that the act or omission which resulted in liability was within the scope and course of the officer's employment and occurred during the performance of duty and was committed or omitted in the good faith belief that the act or omission was lawful and proper.
(3) The indemnification shall be contingent upon an express determination by the Prosecutor's Advisory Council that the act or omission which resulted in liability or financial loss was within the scope and course of the officer's employment and occurred during the performance of duty and was committed or omitted in the good faith belief that the act or omission was lawful and proper.
(6) The indemnification shall not be the subject of comment, directly or indirectly, Page 1 of 2 BR095000.100 - 950 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 950 before any jury hearing any cause of action in which the Attorney General, a county or Commonwealth's attorney, or a member of their staff is a party, and any comment before the jury shall result in an immediate mistrial.
Page 1 of 2 SB006410.100 - 950 - XXXX GA UNOFFICIAL COPY 20 RS SB 64/GA (6) The indemnification shall not be the subject of comment, directly or indirectly, before any jury hearing any cause of action in which the Attorney General, a county or Commonwealth's attorney, or a member of their staff is a party, and any comment before the jury shall result in an immediate mistrial.
BR095000.100 - 950 - XXXX Page 2 of 2 Jacketed
Page 2 of 2 SB006410.100 - 950 - XXXX GA
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Action History

  1. to Rules (S)

  2. received in Senate

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

  4. placed in the Orders of the Day

  5. taken from Rules

  6. floor amendments (1) and (2-title) filed

  7. 2nd reading, to Rules

  8. reported favorably, 1st reading, to Calendar

  9. posted in committee

  10. to Judiciary (H)

  11. received in House

  12. 3rd reading, passed 35-0 with floor amendment (1)

  13. floor amendment (1) filed

  14. posted for passage in the Regular Orders of the Day for Tuesday, January 28, 2020

  15. 2nd reading, to Rules

  16. reported favorably, 1st reading, to Calendar

  17. to Judiciary (S)

  18. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on · 2 voted No

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

Pass

Passed 84 Yea · 4 Nay · 12 Other
Party YeaNayPresentNot Voting
Republican 30001
Unaffiliated 502010
Democrat 4201
Total 844012
% of votes cast 84%4%0%12%
How each member voted (100)
Member Party Vote
Sheldon — Yea
Fischer — Yea
Schamore — Yea
Bechler — Yea
Frazier — Yea
Huff T — Yea
Bentley — Yea
Jenkins — Yea
Minter — Yea
Sims — Yea
Nemes — Yea
Stone — Yea
Booker — Yea
Glenn — Yea
Koenig — Yea
Goforth — Yea
Lee — Yea
Branham Clark — Yea
Graham — Yea
Lewis D — Yea
Pratt — Yea
Thomas — Yea
Graviss — Yea
Lewis S — Yea
Prunty — Yea
Brenda — Yea
Raymond — Yea
Harris — Yea
Massey — Yea
Webber — Yea
Brown G — Yea
Westrom — Yea
Cantrell — Yea
Hatton — Yea
McCoy — Yea
Wheatley — Yea
Heath — Yea
Rothenburger — Yea
DuPlessis — Yea
Meeks — Yea
Rowland — Yea
Wiederstein — Yea
Hinkle — Yea
Meredith — Yea
Yates — Yea
Howard — Yea
Meyer — Yea
Santoro — Yea
Donohue — Nay
Scott — Nay
Burch — Not Voting
Rand — Not Voting
Stewart — Not Voting
Carney — Not Voting
Hoover — Not Voting
Palumbo — Not Voting
Sorolis — Not Voting
Turner — Not Voting
Flood — Not Voting
Huff R — Yea
Miller C — Not Voting
Miller J — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Nay
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 Not Voting
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 64 W/ sfa 1

Passed 35 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 20003
Republican 14000
Democrat 1000
Total 35003
% of votes cast 92%0%0%8%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Nemes — Yea
Thomas — Yea
Hornback — Yea
Parrett — Yea
Turner — Yea
Carroll D — Yea
Humphries — Yea
Castlen — Yea
Kerr — Yea
Robinson — Yea
Embry — Yea
Schickel — Yea
Westerfield — Yea
McGarvey — Yea
Schroder — Yea
Meredith — Yea
Harris — Yea
Thayer — Yea
Buford — Not Voting
Clark — Not Voting
Harper Angel — Yea
Miller J — Not Voting
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 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 →

Subjects

public-safety civil-rights
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

What is the current status of SB 64?
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 64?
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