Leadership Institute Branch Legal Training Section New Statutes 2015 Roll Call Training

Objective At the end of this review, the viewer will be able to: Describe the new statutes of interest to patrol officers effective June 24, 2015 RCT

New Statutes The following summary includes only those new statutes of immediate interest to street level law enforcement officers. Additional statutes of interest to law enforcement and telecommunications agencies are located on the DOCJT website as indicated at end of this presentation. RCT

EFFECTIVE DATE Unless otherwise noted on individual statutes, the effective date of legislation passed by the 2015 General Assembly is JUNE 24, 2015 RCT

SB 28 Illegal Gambling Devices EMERGENCY Concerns mechanical and electronic gaming machines that return consideration (something of value) EMERGENCY EFFECTIVE IMMEDIATELY RCT

SB 33 Charitable Gaming Changes to enforcement related to “electronic pulltabs” RCT

SB 39 School Safety - Weather Changes in how safe weather zones will be established in schools RCT

SB 51 Mental Health. Changes definition of patient under mental health to include those in outpatient care. Important for purposes of required warnings. RCT

SB 62 Public Service Retirement Prohibits elected officials from retiring after election and then retaking the office at the beginning of the following term. RCT

SB 67 Concealed Carry. Allows CCDW training to be provided by national certified instructors from firearms organizations RCT

SB 78 Towing and Storage of Vehicles Requires that tow companies must allow access to towed vehicles to retrieve certain listed personal items – such as child safety seats, debit cards, etc. RCT

SB 89 Law Enforcement Employee Firearm Sales Allows agencies to sell employees their firearms, when being retired or replaced, with conditions. RCT

SB 102 Criminal Homicide Adds abuse as a qualifying factor for a Manslaughter First Degree charge RCT

SB 133 Ignition Interlock Devices Details the use of a court order for installation / use of an ignition interlock device in DUI cases RCT

SB 161 Flag Law Allows governor to order the flag at half- staff for not less than one day for the death of Kentucky emergency response personnel RCT

SB 192 Heroin The following summary includes only the provisions of interest to law enforcement from Senate Bill 192. The full text of Senate Bill 192 is available from the Kentucky Legislative Research site RCT

NOTE This short training does not include certain critical elements of the statute, such as changes in sentencing and treatment options. Please refer to the full statute for this information. RCT

EMERGENCY This bill is emergency legislation and effective immediately, although certain provisions will take some time to completely implement. RCT

Section 1 Coroners are to test for the presence of controlled substances which may have contributed to the death, and make appropriate notifications to law enforcement if a Schedule I controlled substances is found RCT

Section 3 Peace officers (and other public safety) may be authorized to administer naloxone RCT

Section 3 Regulations will be developed to provide for training and oversight for pharmacists prescribing it. Immunity is provided for good faith use. RCT

Section 4 Acetylfentanyl is added to the Schedule I list RCT

Section 5 Good faith reporting of a medical emergency regarding a drug overdose provides immunity to the caller and those working with them to get medical assistance for possession of heroin and related paraphernalia RCT

Section 5 The caller must remain with the victim and the evidence of the charge is that which is obtained as a result of the overdose. You may investigate and prosecute other crimes, however. RCT

Section 5 The caller’s information shall be reported to the local health department for followup. There is immunity for false arrest/imprisonment if a probable cause arrest is made, however. RCT

Section 6 New Charge KRS 218A.1410 Importing heroin Bringing any quantity into Kentucky with intent to sell or distribute RCT

Section 7 Trafficking in a CS, first degree for 2 or more grams of fentanyl. This provision also includes sentencing changes. RCT

Section 8 New Charge KRS 218A.142 Aggravated trafficking in controlled substances in first degree (Note: there are no other degrees) Trafficking in excess of 100 grams of heroin RCT

Section 9 Trafficking in a controlled substance, third degree (not heroin) Class A misdemeanor 120 dosage units or less Class D felony More than 120 dosage units RCT

Section 10 Local governments may establish needle exchange programs. At such sites, needles are not considered drug paraphernalia RCT

Section 10 A peace officer may ask about the presence of needles, etc. prior to a search. If the subject admits to the presence of such, they may not be charged with possession of drug paraphernalia for the item, or for possession for trace amounts of any substance found on it. RCT

HB 8 Interpersonal Protective Orders Establishes Interpersonal Protective Orders (IPA) and amends Foreign Protective Orders (FPA). DELAYED ENACTMENT Takes Effect JANUARY 1, 2016 RCT

HB 19 Forfeiture Concerns vehicles take in forfeiture which are contaminated by methamphetamine. They cannot be resold RCT

HB 24 Dextromethorphan Abuse Limits possession and sale of products containing dextromethorphan to those 18 and over. RCT

HB 59 Aviation Criminalizes shining a laser at aircraft. RCT

HB 91 Charitable Gaming Changes to charitable gaming laws relating to bingos and fundraising activities (such as banquets). RCT

HB 181 Reemployment of Retired Officers Permits Kentucky State Police troopers to be rehired by sheriff’s offices following retirement. RCT

HB 248 Anaphylaxis Medication Allows schools and other entities to be prescribed epinephrine for allegy emergencies Allows trained individuals to administer it RCT

HB 315 Booster Seats Requires use of boosters until age 8 or child is over 57 inches in height. RCT

HB 333 Police Officer Bill of Rights Rewrite of KRS – the Police Officer Bill of Rights. Creates separate version for cities organized under KRS 67C – Metro Louisville. RCT

HB 312 Stray Equines / Cattle Changes to laws regarding the holding of stray horses and cattle. RCT

HB 370 Motorcycles Changes to how motorcycles are permitted to turn at red lights. RCT

HB 380 School Employees Adds all classified school staff to KRS – Abuse of a Teacher. RCT

HB 428 Dept. of Corrections LE Powers Provides for internal affairs officers and supervisors of the Kentucky Dept. of Corrections to have all the powers of peace officers – in certain circumstances. RCT

SJR 20 Provides for the testing of rape kits currently held by law enforcement agencies. RCT

REMINDER SB 200 (2014) – Juveniles Changes to KRS 158 (school) and KRS 610 (juveniles) relating to school security and to handling juvenile criminal matters and runaways. This bill was passed in 2014, but certain provisions take effect on July 1, 2015 RCT

Questions? If you have any questions concerning this presentation, please feel free to contact the Legal Training Section in one of the following ways: Website: Phone: RCT