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House Bill 298

Actions | Amendments
Last Action 04/24/20: signed by Governor (Acts Ch. 97)
Title AN ACT relating to police pursuit policies and making an appropriation therefor.
Bill Documents Current/Final
Introduced
Fiscal Impact Statements Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 982
Sponsors J. Tipton, D. Graham, A. Koenig, R. Meyer, S. Westrom
Summary of Original Version Create a new section of KRS Chapter 61 to provide definitions, require each law enforcement agency in the state to establish and enforce policies governing of a vehicle pursuit after January 1, 2021; provide the criteria for decision-making to initiate and terminate a pursuit; allow the adoption model policy, subject to certain criteria and require transmission of adopted policy to Justice Cabinet; provide for penalties for failure to transmit; require written certification that each member of the agency has received a copy of the policy and instruction on the policy; make policy confidential and not a public record; require annual review of policy; allow update of policy at any time, require submission of revised policy to Justice Cabinet; create a new section of KRS Chapter 411 to prohibit elected law enforcement officers from engaging in vehicle pursuit, provide exemptions for certain officers, provide penalty for violation of this section, define "pursuit"; amend KRS 15.440 to require a mandatory eight hours of in-service training in "emergency vehicle operations" annually; amend KRS 61.170 to provide for punishment of elected law enforcement officials engaging in unauthorized pursuit; amend KRS 186.560 to allow suspension of driver's license for fleeing or evading in the second degree; amend 520.100 to enhance penalties for fleeing or evading in the second degree; naming section 1 of the Act "Jill's Law"; Section 3 EFFECTIVE July 1, 2021.
Index Headings of Original Version Courts - Fleeing and evading, additional penalties for
Effective Dates, Delayed - Emergency vehicle operation training requirements, effective 1 July 2021
Jails and Jailers - Hot pursuit prohibition, exemption for certain jailers
Local Government - Police pursuit policy, requirement for
Peace Officers and Law Enforcement - Police pursuit policy, requirement for
Police, City and County - Police pursuit policy, requirement for
Police, State - Pursuit policy, requirement for
Public Records and Reports - Pursuit policies, exemption for
Sheriffs - Hot pursuit prohibition, exemption for certain sheriffs
Traffic Safety - Police pursuit policy, requirement for and penalty enhancement
Consolidated Local Governments - Police pursuit policy, requirement for
Public Safety - Police pursuit policy, requirement for
Appropriations - Justice Cabinet, in-service training requirement, emergency vehicle operation
Cities - Police pursuit policy, requirement for
Constables - Hot pursuit prohibition, exemption for certain constables
Coroners - Hot pursuit prohibition, exemption for certain coroners
Counties - Police pursuit policy, requirement for
Charter County Government - Police pursuit policy, requirement for
Driver Licensing - Suspension of, for violations of fleeing and evading
Local Mandate - Pursuit policy, requirement for
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Floor Amendment 1
House Floor Amendment 2
Senate Committee Substitute 1 with Fiscal Impact Statements
Senate Floor Amendment 1
Votes Vote History

Actions

Top | Amendments
01/21/20
  • introduced in House
01/23/20
  • to Judiciary (H)
01/24/20
  • posted in committee
02/19/20
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/20/20
  • 2nd reading, to Rules
02/24/20
  • posted for passage in the Regular Orders of the Day for Tuesday, February 25, 2020
  • floor amendment (1) filed to Committee Substitute
03/04/20
  • 3rd reading, passed 84-8 with Committee Substitute (1) and floor amendment (2)
03/05/20
  • received in Senate
03/10/20
  • to State & Local Government (S)
03/19/20
  • taken from State & Local Government (S)
  • 1st reading
  • returned to State & Local Government (S)
03/26/20
  • reported favorably, 2nd reading, to Rules with Committee Substitute (1) as a consent bill
  • floor amendment (1) filed to Committee Substitute
04/15/20
  • posted for passage in the Regular Orders of the Day for Wednesday, April 15, 2020
  • 3rd reading, passed 26-5 with Committee Substitute (1) and floor amendment (1)
  • received in House
  • to Rules (H)
  • taken from Rules
  • posted for passage for concurrence in Senate Committee Substitute (1) and floor amendment (1)
  • House concurred in Senate Committee Substitute (1) and floor amendment (1)
  • passed 73-13
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/24/20
  • signed by Governor (Acts Ch. 97)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statement Local Mandate to House Committee Substitute 1
Summary Retain original provisions; remove exemption from public records act; require adoption of policies prior to January 1, 2021; create a new section of KRS Chapter 15 to prohibit law enforcement officers who are not certified, or who have not completed training programs in vehicle pursuit, from engaging in vehicle pursuit; remove section specifying punishment for officers who engage in pursuit in violation of that section; APPROPRIATION.
Index Headings Courts - Fleeing and evading, additional penalties for
Local Government - Police pursuit policy requirement for
Peace Officers and Law Enforcement - Police pursuit policy requirement for
Police, City and County - Police pursuit policy requirement for
Police, State - Pursuit policy, requirement for
Public Records and Reports - Pursuit policies, exemption for
Traffic Safety - Police pursuit policy requirement for and penalty enhancement
Consolidated Local Governments - Police pursuit policy requirement for
Public Safety - Police pursuit policy requirement for
Appropriations - Justice Cabinet, in-service training requirement, emergency vehicle operation
Cities - Police pursuit policy requirement for
Counties - Police pursuit policy requirement for
Charter County Government - Police pursuit policy requirement for
Driver Licensing - Suspension of, for violations of fleeing and evading

Amendment House Floor Amendment 1
Sponsor J. Tipton
Summary Remove requirement for yearly training; establish training requirement every other year; limit revocation of driver's licenses for convictions of fleeing and evading in the second degree to incidents involving the use of a motor vehicle; require that records of biennial training be made available to the Justice and Public Safety Cabinet.
Index Headings Crimes and Punishments - Driver's license, revoke on conviction of fleeing and evading second involving a motor vehicle
Criminal Procedure - Driver's license, revoke on conviction of fleeing and evading second involving a motor vehicle
Driver Licensing - Driver's license, revoke on conviction of fleeing and evading second involving a motor vehicle
Peace Officers and Law Enforcement - Emergency vehicle operation, training in, require every other year

Amendment House Floor Amendment 2
Sponsor J. Tipton
Summary Reduce training requirement from annual to biennial; establish 2-year period during which initial training must take place; delete Section 5 of the bill; limit license suspension for conviction of fleeing and evading in the second degree to cases involving the use of a motor vehicle; require law enforcement agencies to keep records of law enforcement officers who have met the training requirements and make those records available to the Justice and Public Safety Cabinet.
Index Headings Crimes and Punishments - Fleeing and evading in the second degree; suspension of drivers license for; limit
Criminal Procedure - Fleeing and evading in the second degree; suspension of drivers license for; limit
Peace Officers and Law Enforcement - Training in emergency vehicle operation; require every other year
Peace Officers and Law Enforcement - Training in emergency vehicle operation; require recordkeeping

Amendment Senate Committee Substitute 1
Fiscal Impact Statement Local Mandate to Senate Committee Substitute 1
Summary Retain original provisions; make technical correction in Section 4.
Index Headings Technical Corrections - HB 298
Local Mandate - Police pursuit policy, requirement for and penalty enhancement
Courts - Fleeing and evading, additional penalties for
Local Government - Police pursuit policy, requirement for
Peace Officers and Law Enforcement - Police pursuit policy, requirement for
Police, City and County - Police pursuit policy, requirement for
Police, State - Pursuit policy, requirement for
Public Records and Reports - Pursuit policies, exemption for
Traffic Safety - Police pursuit policy, requirement for and penalty enhancement
Consolidated Local Governments - Police pursuit policy, requirement for
Public Safety - Police pursuit policy, requirement for
Cities - Police pursuit policy, requirement for
Counties - Police pursuit policy, requirement for
Charter County Government - Police pursuit policy, requirement for
Driver Licensing - Suspension of, for violations of fleeing and evading

Amendment Senate Floor Amendment 1
Sponsor W. Westerfield
Summary Require agencies to file copies of any revised policy within 10 days of its adoption.
Index Headings Local Government - Policies on vehicular pursuit, amended, require filing within 10 days
Peace Officers and Law Enforcement - Policies on vehicular pursuit, amended, require filing within 10 days

Last updated: 10/27/2020 12:10 PM (EDT)
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