Text of KY HB 755 (2024)

UNOFFICIAL COPY 24 RS BR 279 Page 1 of 13 XXXX 2/22/2024 12:51 PM 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 KRS 532.031 IS REPEALED AND REENACTED TO READ 3 AS FOLLOWS: 4 (1) As used in this section, "gender identity or expression" means having or being 5 perceived as having a gender-related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; and 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, 512.030, or 512.040; 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 includes 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 24 RS BR 279 Page 2 of 13 XXXX 2/22/2024 12:51 PM 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 with a fine of not more 7 than five thousand dollars ($5,000) or imprisonment for not more than three (3) 8 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) The person has one (1) or more prior convictions for violating subsection 15 (2) of this section; 16 (c) A victim of the violation of subsection (2) of this section is less than 17 eighteen (18) years of age, and the offender is at least nineteen (19) years of 18 age; 19 (d) The person commits the violation of subsection (2) of this section in concert 20 with one (1) or more individuals; or 21 (e) The person is in possession of a firearm during the commission of the 22 violation of subsection (2) of this section. 23 (6) In lieu of or in addition to the penalties described in subsection (4) of this section, 24 the court may, if the defendant consents, impose an alternative sentence, reduce 25 any penalty imposed under subsection (4) of this section by not more than twenty 26 percent (20%), or both. In determining the suitability of an alternative sentence 27 UNOFFICIAL COPY 24 RS BR 279 Page 3 of 13 XXXX 2/22/2024 12:51 PM Jacketed or reduced penalty, the court shall consider the following: 1 (a) The criminal history of the offender; 2 (b) The impact of the offense on the victim and the community; 3 (c) The availability of the alternative sentence; and 4 (d) The nature of the violation. 5 An alternative sentence may, if the entity chosen for community service is 6 amenable, include an order requiring the offender to complete a period of 7 community service intended to enhance the offender's understanding of the 8 impact of the offence 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 24 RS BR 279 Page 4 of 13 XXXX 2/22/2024 12:51 PM 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[bias- 7 related] crime, victimization, or intimidation that is a result of or reasonably 8 related to race, color, ethnicity, religion, sex, sexual orientation, gender 9 identity or expression as defined in Section 1 of this Act, physical or mental 10 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 25 the deadlines by which all certified peace officers shall attend the mandatory 26 in-service training courses. 27 UNOFFICIAL COPY 24 RS BR 279 Page 5 of 13 XXXX 2/22/2024 12:51 PM Jacketed (b) Beginning January 1, 2017, the council shall establish a forty (40) hour sexual 1 assault investigation training course. After January 1, 2019, agencies shall 2 maintain officers on staff who have completed the forty (40) hour sexual 3 assault investigation training course in accordance with the following: 4 1. Agencies with more than ten (10) but fewer than twenty-one (21) full- 5 time officers shall maintain one (1) officer who has completed the forty 6 (40) hour sexual assault investigation training course; 7 2. Agencies with twenty-one (21) or more but fewer than fifty-one (51) 8 full-time officers shall maintain at least two (2) officers who have 9 completed the forty (40) hour sexual assault investigation training 10 course; and 11 3. Agencies with fifty-one (51) or more full-time officers shall maintain at 12 least four (4) officers who have completed the sexual assault 13 investigation course. 14 (c) An agency shall not make an officer directly responsible for the investigation 15 or processing of sexual assault offenses unless that officer has completed the 16 forty (40) hour sexual assault investigation training course. 17 (d) The council may, upon application by any agency, grant an exemption from 18 the training requirements set forth in paragraph (b) of this subsection if that 19 agency, by limitations arising from its scope of authority, does not conduct 20 sexual assault investigations. 21 (e) Any agency failing to comply with paragraph (b) or (c) of this subsection 22 shall, from the date the noncompliance commences, have one (1) year to 23 reestablish the minimum number of trained officers required. 24 (f) Beginning January 1, 2025, the council shall establish a hate crime 25 identification, investigation, response, and reporting training course. After 26 January 1, 2027, agencies shall require all officers on staff to complete 27 UNOFFICIAL COPY 24 RS BR 279 Page 6 of 13 XXXX 2/22/2024 12:51 PM Jacketed training on identification, investigation, responding to, and reporting of 1 hate crimes once every two (2) years. 2 (g) An agency shall not make an officer responsible for the identification, 3 investigation, responding to, or reporting of hate crimes unless that officer 4 has completed the training course. 5 (h) The council may, upon application by any agency, grant an exception from 6 the training requirements set forth in paragraph (f) of this subsection if that 7 agency, by limitations arising from its scope of authority, does not conduct 8 hate crime investigations. 9 (i) Any agency failing to comply with paragraph (f) or (g) of this subsection 10 shall, from the date the noncompliance commences, have one (1) year to 11 reestablish the minimum number of trained officers required. 12 (3) The Justice and Public Safety Cabinet shall provide training on the subjects of 13 domestic violence, hate crimes, and abuse and may do so utilizing currently 14 available technology. All certified peace officers shall be required to complete this 15 training at least once every two (2) years. 16 (4) The council shall promulgate administrative regulations in accordance with KRS 17 Chapter 13A to establish mandatory basic training and in-service training courses. 18 Section 3. KRS 17.1523 is amended to read as follows: 19 (1) The uniform offense report shall contain provisions for obtaining information as to 20 whether or not specific crimes appear from their facts and circumstances to be 21 caused as a result of or reasonably related to race, color, ethnicity, religion, sex, 22 sexual orientation, gender identity or expression as defined in Section 1 of this 23 Act, physical or mental disability, age, or national origin. 24 (2) All law enforcement officers, when completing a uniform offense report, shall note 25 thereon whether or not the offense appears to be caused as a result of or reasonably 26 related to race, color, ethnicity, religion, sex, sexual orientation, gender identity or 27 UNOFFICIAL COPY 24 RS BR 279 Page 7 of 13 XXXX 2/22/2024 12:51 PM Jacketed expression as defined in Section 1 of this Act, physical or mental disability, age, 1 or national origin or attempts to victimize or intimidate another due to any of the 2 foregoing causes. 3 (3) The Justice and Public Safety Cabinet shall, annually, as a part of the crime reports 4 report on crimes which appear to have been caused by the factors cited in 5 subsections (1) and (2) of this section. 6 SECTION 4. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 7 READ AS FOLLOWS: 8 Regardless of the existence or outcome of any criminal prosecution, a person who 9 suffers bodily injury or property damage as a result of a violation of Section 1 of this 10 Act may bring a civil cause of action against the person who commits the offense to 11 secure an injunction, actual damages, including damages for emotional distress, or 12 other appropriate relief. A plaintiff who prevails in a civil action brought under this 13 section may recover: 14 (1) Damages in the amount of three (3) times the actual damages described in 15 this subsection; 16 (2) Punitive damages; 17 (3) Reasonable attorney's fees and costs; and 18 (4) Any other penalty established by law. 19 Section 5. KRS 15.440 is amended to read as follows: 20 (1) Each unit of government that meets the following requirements shall be eligible to 21 share in the distribution of funds from the Law Enforcement Foundation Program 22 fund: 23 (a) Employs one (1) or more police officers; 24 (b) Pays every police officer at least the minimum federal wage; 25 (c) Requires all police officers to have, at a minimum, a high school degree, or its 26 equivalent as determined by the council, except that each police officer 27 UNOFFICIAL COPY 24 RS BR 279 Page 8 of 13 XXXX 2/22/2024 12:51 PM Jacketed employed prior to the date on which the officer's police department was 1 included as a participant under KRS 15.410 to 15.510 shall be deemed to have 2 met the requirements of this subsection; 3 (d) 1. Requires all police officers to successfully complete a basic training 4 course of nine hundred twenty-eight (928) hours' duration within one (1) 5 year of the date of employment at a school certified or recognized by the 6 council, which may provide a different number of hours of instruction as 7 established in this paragraph, except that each police officer employed 8 prior to the date on which the officer's police department was included 9 as a participant under KRS 15.410 to 15.510 shall be deemed to have 10 met the requirements of this subsection. 11 2. As the exclusive method by which the number of hours required for 12 basic training courses shall be modified from that which is specifically 13 established by this paragraph, the council may, by the promulgation of 14 administrative regulations in accordance with the provisions of KRS 15 Chapter 13A, explicitly set the exact number of hours for basic training 16 at a number different from nine hundred twenty-eight (928) hours based 17 upon a training curriculum approved by the Kentucky Law Enforcement 18 Council as determined by a validated job task analysis. 19 3. If the council sets an exact number of hours different from nine hundred 20 twenty-eight (928) in an administrative regulation as provided by this 21 paragraph, it shall not further change the number of hours required for 22 basic training without promulgating administrative regulations in 23 accordance with the provisions of KRS Chapter 13A. 24 4. Nothing in this paragraph shall be interpreted to prevent the council, 25 pursuant to its authority under KRS 15.330, from approving training 26 schools with a curriculum requiring attendance of a number of hours 27 UNOFFICIAL COPY 24 RS BR 279 Page 9 of 13 XXXX 2/22/2024 12:51 PM Jacketed that exceeds nine hundred twenty-eight (928) hours or the number of 1 hours established in an administrative regulation as provided by 2 subparagraphs 2. and 3. of this paragraph. However, the training 3 programs and schools for the basic training of law enforcement 4 personnel conducted by the department pursuant to KRS 15A.070 shall 5 not contain a curriculum that requires attendance of a number of hours 6 for basic training that is different from nine hundred twenty-eight (928) 7 hours or the number of hours established in an administrative regulation 8 promulgated by the council pursuant to the provisions of KRS Chapter 9 13A as provided by subparagraphs 2. and 3. of this paragraph. 10 5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 11 to the contrary notwithstanding, the council may, through the 12 promulgation of administrative regulations in accordance with KRS 13 Chapter 13A, approve basic training credit for: 14 a. Years of service credit as a law enforcement officer with previous 15 service in another state; and 16 b. Basic training completed in another state. 17 6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 18 to the contrary notwithstanding, the council may, through the 19 promulgation of administrative regulations in accordance with KRS 20 Chapter 13A, approve basic training credit for: 21 a. Completion of eight hundred forty-eight (848) hours of training at 22 a school established pursuant to KRS 15A.070; 23 b. A minimum of fifteen (15) years of experience as a certified law 24 enforcement instructor at a school established pursuant to KRS 25 15A.070; 26 c. Completion of an average of forty (40) hours of Kentucky Law 27 UNOFFICIAL COPY 24 RS BR 279 Page 10 of 13 XXXX 2/22/2024 12:51 PM Jacketed Enforcement Council approved in-service training annually from 1 January 1, 1997, through January 1, 2020; 2 d. Three (3) years of active, full-time service as a: 3 i. City, county, urban-county, charter county, consolidated 4 local, or unified local government police officer; 5 ii. Sheriff's deputy, excluding special deputies appointed under 6 KRS 70.045; 7 iii. Department of Kentucky State Police officer; or 8 iv. Kentucky Department of Fish and Wildlife Resources 9 conservation officer exercising peace officer powers under 10 KRS 150.090; and 11 e. Completion of the: 12 i. Twenty-four (24) hour legal update Penal Code course; 13 ii. Sixteen (16) hour legal update constitutional procedure 14 course; and 15 iii. Forty (40) hour basic officer skills course within one (1) year 16 prior to applying for certification; 17 (e) Requires all police officers to successfully complete each calendar year an in- 18 service training course, appropriate to the officer's rank and responsibility and 19 the size and location of the officer's police department, of forty (40) hours' 20 duration, at a school certified or recognized by the council which may include 21 a four (4) hour course which meets the requirements of paragraph (j) of this 22 subsection. This in-service training requirement shall be waived for the period 23 of time that a peace officer is serving on active duty in the United States 24 Armed Forces. This waiver shall be retroactive for peace officers from the 25 date of September 11, 2001; 26 (f) Complies with all provisions of law applicable to police officers or police 27 UNOFFICIAL COPY 24 RS BR 279 Page 11 of 13 XXXX 2/22/2024 12:51 PM Jacketed departments, including transmission of data to the centralized criminal history 1 record information system as required by KRS 17.150 and transmission of 2 reports as required by KRS 15.391; 3 (g) Complies with all rules and regulations, appropriate to the size and location of 4 the police department issued by the cabinet to facilitate the administration of 5 the fund and further the purposes of KRS 15.410 to 15.510; 6 (h) Possesses a written policy and procedures manual related to domestic violence 7 for law enforcement agencies that has been approved by the cabinet. The 8 policy shall comply with the provisions of KRS 403.715 to 403.785. The 9 policy shall include a purpose statement; definitions; supervisory 10 responsibilities; procedures for twenty-four (24) hour access to protective 11 orders; procedures for enforcement of court orders or relief when protective 12 orders are violated; procedures for timely and contemporaneous reporting of 13 adult abuse and domestic violence to the Cabinet for Health and Family 14 Services, Department for Community Based Services; victim rights, 15 assistance, and service responsibilities; and duties related to timely 16 completion of records; 17 (i) Possesses by January 1, 2023, a written policy and procedures manual related 18 to sexual assault examinations that meets the standards provided by, and has 19 been approved by, the cabinet, and which includes: 20 1. A requirement that evidence collected as a result of an examination 21 performed under KRS 216B.400 be taken into custody within five (5) 22 days of notice from the collecting facility that the evidence is available 23 for retrieval; 24 2. A requirement that evidence received from a collecting facility relating 25 to an incident which occurred outside the jurisdiction of the police 26 department be transmitted to a police department with jurisdiction 27 UNOFFICIAL COPY 24 RS BR 279 Page 12 of 13 XXXX 2/22/2024 12:51 PM Jacketed within ten (10) days of its receipt by the police department; 1 3. A requirement that all evidence retrieved from a collecting facility under 2 this paragraph be transmitted to the Department of Kentucky State 3 Police forensic laboratory within thirty (30) days of its receipt by the 4 police department; 5 4. A requirement that a suspect standard, if available, be transmitted to the 6 Department of Kentucky State Police forensic laboratory with the 7 evidence received from a collecting facility; 8 5. A process for notifying the victim from whom the evidence was 9 collected of the progress of the testing, whether the testing resulted in a 10 match to other DNA samples, and if the evidence is to be destroyed. The 11 policy may include provisions for delaying notice until a suspect is 12 apprehended or the office of the Commonwealth's attorney consents to 13 the notification, but shall not automatically require the disclosure of the 14 identity of any person to whom the evidence matched; and 15 6. A requirement that DNA samples collected as a result of an examination 16 performed under KRS 216B.400 that are voluntarily submitted solely for 17 elimination purposes shall not be checked against any DNA index, 18 retained, or included in any DNA index;[ and] 19 (j) Requires all police officers to successfully complete by December 31, 2022, 20 and every two (2) years thereafter, a training course certified by the council of 21 not less than four (4) hours in emergency vehicle operation; and 22 (k) Possesses a written policy and procedures manual related to hate crime 23 identification, investigation, response, and reporting for law enforcement 24 agencies that has been approved by the cabinet. The policy shall include a 25 purpose statement; definitions; supervisory responsibilities; procedures for 26 timely reporting of hate crimes to the FBI; victim rights, assistance, and 27 UNOFFICIAL COPY 24 RS BR 279 Page 13 of 13 XXXX 2/22/2024 12:51 PM Jacketed service responsibilities; and duties related to timely completion of records. 1 (2) A unit of government which meets the criteria of this section shall be eligible to 2 continue sharing in the distribution of funds from the Law Enforcement Foundation 3 Program fund only if the police department of the unit of government remains in 4 compliance with the requirements of this section. 5 (3) Deputies employed by a sheriff's office shall be eligible to participate in the 6 distribution of funds from the Law Enforcement Foundation Program fund 7 regardless of participation by the sheriff. 8 (4) Failure to meet a deadline established in a policy adopted pursuant to subsection 9 (1)(i) of this section for the retrieval or submission of evidence shall not be a basis 10 for a dismissal of a criminal action or a bar to the admissibility of the evidence in a 11 criminal action. 12 Section 6. The following KRS section is repealed: 13 49.320 Victim of hate crime deemed victim of criminally injurious conduct. 14