SB 80 — AN ACT relating to peace officers.

UNOFFICIALCHAPTER COPY73 211 RSCHAPTER 73 ( SB 80/EN80 ) AN ACT relating to peace officers.

or 3.

Engaging in a sexual relationship with an individual the peace officer Page 1 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN knows or should have known is a victim, witness, defendant, or informant in an ongoing criminal investigation in which the peace officer is directly involved;

PageLegislative 2Research ofCommission 24PDF XXXXVersion EngrossedACTS UNOFFICIALOF COPYTHE 21GENERAL RSASSEMBLY SB 80/EN 3.

A final order issued by the council denying reinstatement of certification may be appealed pursuant to the provisions of KRS Page 3 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN 13B.140.

2.[3.]Termination2.[3.] Termination of the peace officer for professional malfeasance or professional nonfeasance by his or her agency;

3.[4.]Termination3.[4.] Termination of the peace officer following the plea of guilty to, conviction of, or entering of an Alford plea to any misdemeanor offense, in this state or out of it, that involves:

Resignation or retirement of the peace officer while he or she is under criminal investigation or administrative investigation for professional malfeasance or professional nonfeasance that, in the judgment of the agency that employed the peace officer, would have likely resulted in the Page 4 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN termination of that peace officer had the facts leading to the investigation[it] been substantiated prior to his or her resignation or retirement[;

or CHAPTER 73 3 5.

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(3) If the person has been separated from service or has not successfully completed basic training at a school certified or recognized by the council and fails to meet the Page 6 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN requirements of KRS 15.400(1), the certification shall lapse.

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Page 7 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN (c) Any documentation related to a completed internal administrative investigation of the peace officer;

or Page 8 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN (3) Started investigating whether to initiate hearing procedures for the revocation of the certification of the candidate under Section 1 of this Act.

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 CHAPTER 73 5 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.

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 Page 9 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN upon a training curriculum approved by the Kentucky Law Enforcement Council as determined by a validated job task analysis.

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and Page 11 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN iii.

(e) Requires all police officers to successfully complete each calendar year an in-in-service 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, at a school certified or recognized by the council which may include a four (4) hour course which meets the requirements of paragraph (j) of this subsection.

This in-servicein- service training requirement shall be waived for the period of time that a peace officer is serving on active duty in the United States Armed Forces.

victim rights, Page 12 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN assistance, and service responsibilities;

and Page 13 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN (j) Requires all police officers to successfully complete by December 31, 2022, and every two (2) years thereafter, a training course certified by the council of not less than four (4) hours in emergency vehicle operation.

CHAPTER 73 7 (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 14 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN (6) Not have been convicted of any felony;

If the employing agency has established its own background investigation that meets or exceeds the standards of the council, as set forth by administrative regulation, the agency shall conduct the background investigation and shall certify background investigation results to the council, which shall accept them as Page 15 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN complying with KRS 15.310 to 15.510;

However, if the employing agency has its own validated job task analysis, the person shall take the physical Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY agility examination of the employing agency.

(1) "Precertification status" means that the officer is currently employed or appointed Page 16 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN by an agency and meets or exceeds all those minimum qualifications set forth in KRS 15.382, but has not successfully completed a basic training course, except those peace officers covered by KRS 15.400.

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CHAPTER 73 9 1.

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(1) Within five (5) working days of employment or appointment, the chief executive officer of the employing agency, or his designee, shall file a report with the council Page 19 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN certifying that the newly employed officer is certified or meets or exceeds the precertification qualifications of KRS 15.382 for peace officers or KRS 15.3971 for court security officers.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (9) If the certified court security officer has successfully completed the basic training required by KRS 15.3975 and transfers from a court security officer position from a Page 20 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN current employer to a court security officer position for another employer, and both employers have, at least ten (10) working days prior to the effective date of the transfer, notified the council in writing of the transfer, the council shall maintain the officer in certified status.

Page 21 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN (3) If the person has been separated from service or has not successfully completed basic training at a school certified or recognized by the council and fails to meet the requirements of KRS 15.400(1) or (2), the certification shall lapse.

(3) The Open Records Act notwithstanding, the person's home address, telephone Page 22 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN number, date of birth, Social Security number, background investigation, medical examination, psychological examination, and polygraph examination conducted for any person seeking certification pursuant to KRS 15.380 to 15.404 shall not be subject to disclosure.

(1) (a) Any peace officers employed or appointed after December 1, 1998, who have not successfully completed basic training at a school certified or recognized by the Kentucky Law Enforcement Council, shall within one (1) year of their appointment or employment, successfully complete a basic training CHAPTER 73 11 course, as established by KRS 15.440, at a school certified or recognized by the Kentucky Law Enforcement Council or receive a basic training credit approved by the Kentucky Law Enforcement Council under subsection (1)(d)6.

(2) (a) All peace officers with active certification status shall successfully complete forty (40) hours of annual in-service training that has been certified or recognized by the Kentucky Law Enforcement Council, that is appropriate to the officer's rank and responsibility and the size and location of his Page 23 of 24 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 80/EN department.

If the officer is unable to complete the in-in-service service training due to injury or illness that prevents him or her from working as a peace officer, the one hundred eighty (180) day extension shall begin on the date that the officer returns to work.

(3) An officer who has lost his or her law enforcement powers due solely to his or her failure to meet the in-servicein- service training requirements of this section may regain his or her certification status and law enforcement powers upon successful completion of the training deficiency.

PageSigned 24by ofGovernor 24March XXXX22, Engrossed2021.