Text of KY HB 349 (2025)

UNOFFICIAL COPY 25 RS BR 1062 Page 1 of 13 XXXX 2/3/2025 11:07 AM Jacketed AN ACT relating to hate crimes. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. KRS 532.031 IS REPEALED AND REENACTED TO READ 3 AS FOLLOWS: 4 (1) As used in this section, "gender identity or expression" means having or being 5 perceived as having a gender-related self-identity or expression, whether or not 6 associated with an individual's assigned sex at birth. 7 (2) A person is guilty of a hate crime if the person maliciously and intentionally 8 commits an offense under: 9 (a) KRS Chapter 507; 10 (b) KRS Chapter 508, except for a violation of KRS 508.025, 508.030, 508.032, 11 508.060, 508.070, 508.152, or 508.160; 12 (c) KRS Chapter 509; 13 (d) KRS 512.020 or 512.030; or 14 (e) KRS 513.020, 513.030, or 513.040; 15 against an individual based in whole or in substantial part on an actual or 16 perceived characteristic of another individual or group of individuals as set forth 17 in subsection (3) of this section, regardless of the existence of any other 18 motivating factors. 19 (3) The actual or perceived characteristics of another individual referenced under 20 subsection (2) of this section include any or all of the following: 21 (a) Race or color; 22 (b) Religion; 23 (c) Sex; 24 (d) Sexual orientation; 25 (e) Gender identity or expression; 26 (f) Physical or mental disability; 27 UNOFFICIAL COPY 25 RS BR 1062 Page 2 of 13 XXXX 2/3/2025 11:07 AM Jacketed (g) Age; 1 (h) Ethnicity; 2 (i) National origin; and 3 (j) Association or affiliation with an individual or group of individuals based 4 on a characteristic described in paragraphs (a) to (i) of this subsection. 5 (4) Except as provided in subsection (5) of this section, a person who violates 6 subsection (2) of this section is guilty of a Class D felony and subject to a fine of 7 not more than five thousand dollars ($5,000) or imprisonment for not more than 8 three (3) years, or both. 9 (5) If any of the following conditions apply, a person who violates subsection (2) of 10 this section is guilty of a Class D felony punishable by imprisonment for not more 11 than five (5) years, or by a fine of not more than ten thousand dollars ($10,000), 12 or both: 13 (a) The violation results in bodily injury; 14 (b) A victim of the violation is less than eighteen (18) years of age, and the 15 offender is at least nineteen (19) years of age; 16 (c) The person commits the violation in concert with one (1) or more 17 individuals; 18 (d) The person is in possession of a firearm during the commission of the 19 violation; or 20 (e) The person has one (1) or more prior convictions for violating subsection 21 (2) of this section. 22 (6) (a) In lieu of or in addition to the penalties described in subsection (4) of this 23 section, the court may, if the victim consents, impose an alternative sentence 24 or reduce any penalty imposed under subsection (4) of this section by not 25 more than twenty percent (20%), or both. 26 (b) In determining the suitability of an alternative sentence or reduced penalty, 27 UNOFFICIAL COPY 25 RS BR 1062 Page 3 of 13 XXXX 2/3/2025 11:07 AM Jacketed the court shall consider the following: 1 1. The criminal history of the defendant; 2 2. The impact of the offense on the victim and the community; 3 3. The availability of the alternative sentence; and 4 4. The nature of the violation. 5 (c) An alternative sentence may, if the entity chosen for community service is 6 amenable, include an order requiring the defendant to complete a period of 7 community service intended to enhance the defendant's understanding of 8 the impact of the offense upon the victim and the community. 9 Section 2. KRS 15.334 is amended to read as follows: 10 (1) The Kentucky Law Enforcement Council shall approve mandatory training subjects 11 to be taught to all students attending a law enforcement basic training course that 12 include but are not limited to: 13 (a) Abuse, neglect, and exploitation of the elderly and other crimes against the 14 elderly, including the use of multidisciplinary teams in the investigation and 15 prosecution of crimes against the elderly; 16 (b) The dynamics of domestic violence, pediatric abusive head trauma, as defined 17 in KRS 620.020, child physical and sexual abuse, and rape; child 18 development; the effects of abuse and crime on adult and child victims, 19 including the impact of abuse and violence on child development; legal 20 remedies for protection; lethality and risk issues; profiles of offenders and 21 offender treatment; model protocols for addressing domestic violence, rape, 22 pediatric abusive head trauma, as defined in KRS 620.020, and child abuse; 23 available community resources and victim services; and reporting 24 requirements. This training shall be developed in consultation with legal, 25 victim services, victim advocacy, and mental health professionals with 26 expertise in domestic violence, child abuse, and rape. Training in recognizing 27 UNOFFICIAL COPY 25 RS BR 1062 Page 4 of 13 XXXX 2/3/2025 11:07 AM Jacketed pediatric abusive head trauma may be designed in collaboration with 1 organizations and agencies that specialize in the prevention and recognition of 2 pediatric abusive head trauma approved by the secretary of the Cabinet for 3 Health and Family Services; 4 (c) Human immunodeficiency virus infection and acquired immunodeficiency 5 virus syndrome; 6 (d) Identification and investigation of, responding to, and reporting hate crimes 7 and[bias-related crime,] victimization[,] or intimidation that is a result of or 8 reasonably related to race, color, ethnicity, religion, sex, sexual orientation, 9 gender identity or expression as defined in Section 1 of this Act, physical or 10 mental disability, age, or national origin; 11 (e) The characteristics and dynamics of human trafficking, state and federal laws 12 relating to human trafficking, the investigation of cases involving human 13 trafficking, including but not limited to screening for human trafficking, and 14 resources for assistance to the victims of human trafficking; 15 (f) Beginning January 1, 2017, the council shall require that a law enforcement 16 basic training course include at least eight (8) hours of training relevant to 17 sexual assault; and 18 (g) Education on female genital mutilation as defined in KRS 508.125, including 19 the risk factors associated with female genital mutilation, the criminal 20 penalties for committing female genital mutilation, and the psychological and 21 health effects on a victim of female genital mutilation. 22 (2) [(a) ]The council shall develop and approve mandatory in-service training courses 23 to be presented to all certified peace officers. The council may promulgate 24 administrative regulations in accordance with KRS Chapter 13A setting forth the 25 deadlines by which all certified peace officers shall attend the mandatory in-service 26 training courses. 27 UNOFFICIAL COPY 25 RS BR 1062 Page 5 of 13 XXXX 2/3/2025 11:07 AM Jacketed (3) (a)[(b)] [Beginning January 1, 2017, ]The council shall establish a forty (40) 1 hour sexual assault investigation training course[. After January 1, 2019], and 2 agencies shall maintain officers on staff who have completed the forty (40) 3 hour sexual assault investigation training course in accordance with the 4 following: 5 1. Agencies with more than ten (10) but fewer than twenty-one (21) full- 6 time officers shall maintain one (1) officer who has completed the forty 7 (40) hour sexual assault investigation training course; 8 2. Agencies with twenty-one (21) or more but fewer than fifty-one (51) 9 full-time officers shall maintain at least two (2) officers who have 10 completed the forty (40) hour sexual assault investigation training 11 course; and 12 3. Agencies with fifty-one (51) or more full-time officers shall maintain at 13 least four (4) officers who have completed the sexual assault 14 investigation course. 15 (b)[(c)] An agency shall not make an officer directly responsible for the 16 investigation or processing of sexual assault offenses unless that officer has 17 completed the forty (40) hour sexual assault investigation training course. 18 (c)[(d)] The council may, upon application by any agency, grant an exemption 19 from the training requirements set forth in paragraph (a)[(b)] of this 20 subsection if that agency, by limitations arising from its scope of authority, 21 does not conduct sexual assault investigations. 22 (d)[(e)] Any agency failing to comply with paragraph (a) or (b)[ or (c)] of this 23 subsection shall, from the date the noncompliance commences, have one (1) 24 year to reestablish the minimum number of trained officers required. 25 (4) (a) Beginning January 1, 2026, the council shall establish a hate crime 26 identification, investigation, response, and reporting training course. After 27 UNOFFICIAL COPY 25 RS BR 1062 Page 6 of 13 XXXX 2/3/2025 11:07 AM Jacketed January 1, 2028, agencies shall require all officers on staff to complete 1 training on hate crime identification, investigation, response, and reporting 2 once every two (2) years. 3 (b) An agency shall not make an officer responsible for hate crime 4 identification, investigation, response, or reporting unless that officer has 5 completed the training course. 6 (c) The council may, upon application by any agency, grant an exception from 7 the training requirements set forth in paragraph (a) of this subsection if 8 that agency, by limitations arising from its scope of authority, does not 9 conduct hate crime investigations. 10 (d) Any agency failing to comply with paragraph (a) or (b) of this subsection 11 shall, from the date the noncompliance commences, have one (1) year to 12 reestablish the minimum number of trained officers required. 13 (5)[(3)] The Justice and Public Safety Cabinet shall provide training on the subjects of 14 domestic violence, hate crimes, and abuse and may do so utilizing currently 15 available technology. All certified peace officers shall be required to complete this 16 training at least once every two (2) years. 17 (6)[(4)] The council shall promulgate administrative regulations in accordance with 18 KRS Chapter 13A to establish mandatory basic training and in-service training 19 courses. 20 Section 3. KRS 17.1523 is amended to read as follows: 21 (1) The uniform offense report shall contain provisions for obtaining information as to 22 whether [or not ]specific crimes appear from their facts and circumstances to be 23 caused as a result of or reasonably related to race, color, ethnicity, religion, sex, 24 sexual orientation, gender identity or expression as defined in Section 1 of this 25 Act, physical or mental disability, age, or national origin. 26 (2) All law enforcement officers, when completing a uniform offense report, shall note 27 UNOFFICIAL COPY 25 RS BR 1062 Page 7 of 13 XXXX 2/3/2025 11:07 AM Jacketed on the report[thereon] whether [or not ]the offense appears to be caused as a result 1 of or reasonably related to race, color, ethnicity, religion, sex, sexual orientation, 2 gender identity or expression as defined in Section 1 of this Act, physical or 3 mental disability, age, or national origin or attempts to victimize or intimidate 4 another due to any of the foregoing causes. 5 (3) The Justice and Public Safety Cabinet shall, annually, as a part of the crime reports 6 report on crimes which appear to have been caused by the factors cited in 7 subsections (1) and (2) of this section. 8 SECTION 4. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 9 READ AS FOLLOWS: 10 Regardless of the existence or outcome of any criminal prosecution, a person who 11 suffers bodily injury or property damage as a result of a violation of Section 1 of this 12 Act may bring a civil cause of action against the person who commits the offense to 13 secure an injunction, actual damages, including damages for emotional distress, or 14 other appropriate relief. A plaintiff who prevails in a civil action brought under this 15 section may recover: 16 (1) Damages in the amount of three (3) times the actual damages described in 17 this section; 18 (2) Punitive damages; 19 (3) Reasonable attorney's fees and costs; and 20 (4) Any other penalty established by law. 21 Section 5. KRS 15.440 is amended to read as follows: 22 (1) Each unit of government that meets the following requirements shall be eligible to 23 share in the distribution of funds from the Law Enforcement Foundation Program 24 fund: 25 (a) Employs one (1) or more police officers; 26 (b) Pays every police officer at least the minimum federal wage; 27 UNOFFICIAL COPY 25 RS BR 1062 Page 8 of 13 XXXX 2/3/2025 11:07 AM Jacketed (c) Requires all police officers to have, at a minimum, a high school degree, or its 1 equivalent as determined by the council, except that each police officer 2 employed prior to the date on which the officer's police department was 3 included as a participant under KRS 15.410 to 15.510 shall be deemed to have 4 met the requirements of this subsection; 5 (d) 1. Requires all police officers to successfully complete a basic training 6 course of nine hundred twenty-eight (928) hours' duration within one (1) 7 year of the date of employment at a school certified or recognized by the 8 council, which may provide a different number of hours of instruction as 9 established in this paragraph, except that each police officer employed 10 prior to the date on which the officer's police department was included 11 as a participant under KRS 15.410 to 15.510 shall be deemed to have 12 met the requirements of this subsection. 13 2. As the exclusive method by which the number of hours required for 14 basic training courses shall be modified from that which is specifically 15 established by this paragraph, the council may, by the promulgation of 16 administrative regulations in accordance with the provisions of KRS 17 Chapter 13A, explicitly set the exact number of hours for basic training 18 at a number different from nine hundred twenty-eight (928) hours based 19 upon a training curriculum approved by the Kentucky Law Enforcement 20 Council as determined by a validated job task analysis. 21 3. If the council sets an exact number of hours different from nine hundred 22 twenty-eight (928) in an administrative regulation as provided by this 23 paragraph, it shall not further change the number of hours required for 24 basic training without promulgating administrative regulations in 25 accordance with the provisions of KRS Chapter 13A. 26 4. Nothing in this paragraph shall be interpreted to prevent the council, 27 UNOFFICIAL COPY 25 RS BR 1062 Page 9 of 13 XXXX 2/3/2025 11:07 AM Jacketed pursuant to its authority under KRS 15.330, from approving training 1 schools with a curriculum requiring attendance of a number of hours 2 that exceeds nine hundred twenty-eight (928) hours or the number of 3 hours established in an administrative regulation as provided by 4 subparagraphs 2. and 3. of this paragraph. However, the training 5 programs and schools for the basic training of law enforcement 6 personnel conducted by the department pursuant to KRS 15A.070 shall 7 not contain a curriculum that requires attendance of a number of hours 8 for basic training that is different from nine hundred twenty-eight (928) 9 hours or the number of hours established in an administrative regulation 10 promulgated by the council pursuant to the provisions of KRS Chapter 11 13A as provided by subparagraphs 2. and 3. of this paragraph. 12 5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 13 to the contrary notwithstanding, the council may, through the 14 promulgation of administrative regulations in accordance with KRS 15 Chapter 13A, approve basic training credit for: 16 a. Years of service credit as a law enforcement officer with previous 17 service in another state; and 18 b. Basic training completed in another state. 19 6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 20 to the contrary notwithstanding, the council may, through the 21 promulgation of administrative regulations in accordance with KRS 22 Chapter 13A, approve basic training credit for: 23 a. Completion of eight hundred forty-eight (848) hours of training at 24 a school established pursuant to KRS 15A.070; 25 b. A minimum of fifteen (15) years of experience as a certified law 26 enforcement instructor at a school established pursuant to KRS 27 UNOFFICIAL COPY 25 RS BR 1062 Page 10 of 13 XXXX 2/3/2025 11:07 AM Jacketed 15A.070; 1 c. Completion of an average of forty (40) hours of Kentucky Law 2 Enforcement Council approved in-service training annually from 3 January 1, 1997, through January 1, 2020; 4 d. Three (3) years of active, full-time service as a: 5 i. City, county, urban-county, charter county, consolidated 6 local, or unified local government police officer; 7 ii. Sheriff's deputy, excluding special deputies appointed under 8 KRS 70.045; 9 iii. Department of Kentucky State Police officer; or 10 iv. Kentucky Department of Fish and Wildlife Resources game 11 warden exercising peace officer powers under KRS 150.090; 12 and 13 e. Completion of the: 14 i. Twenty-four (24) hour legal update Penal Code course; 15 ii. Sixteen (16) hour legal update constitutional procedure 16 course; and 17 iii. Forty (40) hour basic officer skills course within one (1) year 18 prior to applying for certification; 19 (e) Requires all police officers to successfully complete each calendar year an in- 20 service training course, appropriate to the officer's rank and responsibility and 21 the size and location of the officer's police department, of forty (40) hours' 22 duration, at a school certified or recognized by the council which may include 23 a four (4) hour course which meets the requirements of paragraph (j) of this 24 subsection. This in-service training requirement shall be waived for the period 25 of time that a peace officer is serving on active duty in the United States 26 Armed Forces. This waiver shall be retroactive for peace officers from the 27 UNOFFICIAL COPY 25 RS BR 1062 Page 11 of 13 XXXX 2/3/2025 11:07 AM Jacketed date of September 11, 2001; 1 (f) Complies with all provisions of law applicable to police officers or police 2 departments, including transmission of data to the centralized criminal history 3 record information system as required by KRS 17.150 and transmission of 4 reports as required by KRS 15.391; 5 (g) Complies with all rules and regulations, appropriate to the size and location of 6 the police department issued by the cabinet to facilitate the administration of 7 the fund and further the purposes of KRS 15.410 to 15.510; 8 (h) Possesses a written policy and procedures manual related to domestic violence 9 for law enforcement agencies that has been approved by the cabinet. The 10 policy shall comply with the provisions of KRS 403.715 to 403.785. The 11 policy shall include a purpose statement; definitions; supervisory 12 responsibilities; procedures for twenty-four (24) hour access to protective 13 orders; procedures for enforcement of court orders or relief when protective 14 orders are violated; procedures for timely and contemporaneous reporting of 15 adult abuse and domestic violence to the Cabinet for Health and Family 16 Services, Department for Community Based Services; victim rights, 17 assistance, and service responsibilities; and duties related to timely 18 completion of records; 19 (i) Possesses[ by January 1, 2023,] a written policy and procedures manual 20 related to sexual assault examinations that meets the standards provided by, 21 and has been approved by, the cabinet, and which includes: 22 1. A requirement that evidence collected as a result of an examination 23 performed under KRS 216B.400 be taken into custody within five (5) 24 days of notice from the collecting facility that the evidence is available 25 for retrieval; 26 2. A requirement that evidence received from a collecting facility relating 27 UNOFFICIAL COPY 25 RS BR 1062 Page 12 of 13 XXXX 2/3/2025 11:07 AM Jacketed to an incident which occurred outside the jurisdiction of the police 1 department be transmitted to a police department with jurisdiction 2 within ten (10) days of its receipt by the police department; 3 3. A requirement that all evidence retrieved from a collecting facility under 4 this paragraph be transmitted to the Department of Kentucky State 5 Police forensic laboratory within thirty (30) days of its receipt by the 6 police department; 7 4. A requirement that a suspect standard, if available, be transmitted to the 8 Department of Kentucky State Police forensic laboratory with the 9 evidence received from a collecting facility; 10 5. A process for notifying the victim from whom the evidence was 11 collected of the progress of the testing, whether the testing resulted in a 12 match to other DNA samples, and if the evidence is to be destroyed. The 13 policy may include provisions for delaying notice until a suspect is 14 apprehended or the office of the Commonwealth's attorney consents to 15 the notification, but shall not automatically require the disclosure of the 16 identity of any person to whom the evidence matched; and 17 6. A requirement that DNA samples collected as a result of an examination 18 performed under KRS 216B.400 that are voluntarily submitted solely for 19 elimination purposes shall not be checked against any DNA index, 20 retained, or included in any DNA index;[ and] 21 (j) Requires all police officers to successfully complete by December 31, 2022, 22 and every two (2) years thereafter, a training course certified by the council of 23 not less than four (4) hours in emergency vehicle operation; and 24 (k) Possesses a written policy and procedures manual related to hate crime 25 identification, investigation, response, and reporting for law enforcement 26 agencies that has been approved by the cabinet. The policy shall include a 27 UNOFFICIAL COPY 25 RS BR 1062 Page 13 of 13 XXXX 2/3/2025 11:07 AM Jacketed purpose statement; definitions; supervisory responsibilities; procedures for 1 timely reporting of hate crimes to the Federal Bureau of Investigation; 2 victim rights, assistance, and service responsibilities; and duties related to 3 timely completion of records. 4 (2) A unit of government which meets the criteria of this section shall be eligible to 5 continue sharing in the distribution of funds from the Law Enforcement Foundation 6 Program fund only if the police department of the unit of government remains in 7 compliance with the requirements of this section. 8 (3) Deputies employed by a sheriff's office shall be eligible to participate in the 9 distribution of funds from the Law Enforcement Foundation Program fund 10 regardless of participation by the sheriff. 11 (4) Failure to meet a deadline established in a policy adopted pursuant to subsection 12 (1)(i) of this section for the retrieval or submission of evidence shall not be a basis 13 for a dismissal of a criminal action or a bar to the admissibility of the evidence in a 14 criminal action. 15 Section 6. The following KRS section is repealed: 16 49.320 Victim of hate crime deemed victim of criminally injurious conduct. 17