leadership institute branch legal training section new statutes 2015 roll call training 2015-2

Leadership Institute BranchLegal Training Section

New Statutes2015

Roll Call Training2015-2

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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

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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.

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EFFECTIVE DATE

Unless otherwise noted on individual statutes, the effective date of legislation passed by the

2015 General Assembly is

JUNE 24, 2015

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SB 28Illegal Gambling Devices

EMERGENCY

Concerns mechanical and electronic gaming machines that return consideration (something of value)

EMERGENCY

EFFECTIVE IMMEDIATELY

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SB 33Charitable Gaming

Changes to enforcement related to “electronic pulltabs”

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SB 39School Safety - Weather

Changes in how safe weather zones will be established in schools

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SB 51Mental Health

. • Changes definition of patient under mental health to include those in outpatient care.

• Important for purposes of required warnings.

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SB 62Public Service Retirement

Prohibits elected officials from retiring after election and then retaking the office at the beginning of the following term.

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SB 67Concealed Carry

.Allows CCDW training to be provided by national certified instructors from firearms organizations

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SB 78Towing 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.

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SB 89Law Enforcement Employee

Firearm SalesAllows agencies to sell employees their firearms, when being retired or replaced, with conditions.

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SB 102Criminal Homicide

Adds abuse as a qualifying factor for a Manslaughter First Degree charge

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SB 133Ignition Interlock Devices

Details the use of a court order for installation / use of an ignition interlock device in DUI cases

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SB 161Flag Law

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

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SB 192Heroin

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

http://www.lrc.ky.gov/record/15RS/record.htm

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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.

www.methadone.forumotion.net

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EMERGENCY

This bill is emergency legislation and effective immediately, although certain

provisions will take some time to completely implement.

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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

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

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Section 3• Regulations will be

developed to provide for training and oversight for pharmacists prescribing it.

• Immunity is provided for good faith use.

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Section 4

Acetylfentanyl is added to the Schedule I list

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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

www.citiesgallery.com

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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.

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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.

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Section 6

New Charge

KRS 218A.1410

Importing heroin

Bringing any quantity into Kentucky with intent to sell or distribute

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Section 7

Trafficking in a CS, first degree for 2 or more grams of fentanyl.

This provision also includes sentencing changes.

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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

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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

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Section 10

Local governments may establish needle exchange programs.

At such sites, needles are not considered drug paraphernalia

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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.

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HB 8Interpersonal Protective Orders

Establishes Interpersonal Protective Orders (IPA) and amends Foreign Protective Orders (FPA).

DELAYED ENACTMENT

Takes Effect JANUARY 1, 2016

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HB 19Forfeiture

Concerns vehicles take in forfeiture which are contaminated by methamphetamine.

They cannot be

resold

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HB 24Dextromethorphan Abuse

Limits possession and sale of products containing dextromethorphan to those 18 and over.

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HB 59Aviation

Criminalizes shining a laser at aircraft.

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HB 91Charitable Gaming

Changes to charitable gaming laws relating to bingos and fundraising

activities (such as banquets).

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HB 181Reemployment of Retired Officers

Permits Kentucky State Police troopers to be rehired by sheriff’s offices following retirement.

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HB 248Anaphylaxis Medication

Allows schools and other entities to be prescribed epinephrine for allegy emergencies

Allows trained individuals to administer it

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HB 315Booster Seats

Requires use of boosters until age 8 or child is over 57 inches in height.

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HB 333Police Officer Bill of Rights

Rewrite of KRS 15.520 – the Police Officer Bill of Rights.

Creates separate version for cities

organized under KRS 67C –

Metro Louisville.

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HB 312Stray Equines / Cattle

Changes to laws regarding the holding of stray horses and cattle.

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HB 370Motorcycles

Changes to how motorcycles are permitted to turn at red lights.

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HB 380School Employees

Adds all classified school staff to KRS 161.190 – Abuse of a Teacher.

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HB 428Dept. 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.

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SJR 20

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

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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

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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: www.docjt.ky.gov/legal

Phone: 859-622-3801

Email: docjt.legal@ky.gov