Last Action | 04/09/21: signed by Governor (Acts Ch. 202) |
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Title | AN ACT relating to warrants authorizing entry without notice. |
Bill Documents |
Acts Chapter 202
Current/Final Introduced |
Fiscal Impact Statement | Local Mandate |
Bill Request Number | 107 |
Sponsors | R. Stivers, R. Thomas, T. Buford, D. Carroll, M. Nemes, J. Schickel, D. Thayer, J. Turner, D. Yates |
Summary of Original Version | Create new sections of KRS Chapter 455 to create procedures and requirements for issuance of warrants authorizing entry without notice; require judges to review applications for warrants impartially; and require service by SWAT or special response teams with special training; amend KRS 523.020 to make clear that an officer's false statement in an application for a warrant authorizing entry without notice constitutes perjury; propose a rule of evidence making inadmissible any evidence collected as the result of a warrant authorizing entry without notice which did not comply with statutes or which was obtained through perjury or false statements. |
Index Headings of Original Version |
Civil Rights - Search warrants, authorizing entry without notice, limitations Local Mandate - Search warrants, authorizing entry without notice, limitations Courts - Judicial discipline, judge considering warrant application failing to act impartially Courts - Search warrants, authorizing entry without notice, limitations Crimes and Punishments - Perjury, false statement by law enforcement officer in application for a warrant, inclusion Criminal Procedure - Rule of evidence, proposal Criminal Procedure - Search warrants, authorizing entry without notice, limitations Peace Officers and Law Enforcement - Search warrants, authorizing entry without notice, limitations Police, City and County - Search warrants, authorizing entry without notice, limitations Police, State - Search warrants, authorizing entry without notice, limitations Sheriffs - Search warrants, authorizing entry without notice, limitations |
Jump to Proposed Amendments |
House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 House Floor Amendment 7 |
Votes | Vote History |
02/22/21 |
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02/23/21 |
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02/25/21 |
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02/26/21 |
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03/01/21 |
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03/03/21 |
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03/11/21 |
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03/12/21 |
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03/16/21 |
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03/29/21 |
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03/30/21 |
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04/09/21 |
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Amendment | House Floor Amendment 1 |
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Sponsor | P. Minter |
Summary | Limit offenses for which a no-knock warrant could be used; remove spoliation of evidence as a permissible rationale; require all law enforcement officers executing a no-knock warrant to be clearly identifiable as law enforcement officers; require the presence of a paramedic or emergency medical technician when exicuting a no-knock warrant. |
Index Headings |
Criminal Procedure - Offenses for which no-knock warrant permissible; limit Peace Officers and Law Enforcement - Identifiable clothing or equipment; require for officers executing no-knock warrant Peace Officers and Law Enforcement - Paramedic or EMT; require presence of when executing no-knock warrant |
Amendment | House Floor Amendment 2 |
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Sponsor | J. Blanton |
Summary | Allow law enforcement officers seeking a no-knock warrant to consult with the Attorney General or deputy attorney general; extend time period during which no-knock warrants can be executed to midnight; allow officers without specialized training and not part of a SWAT team to execute no-knock warrants if exigent circumstances exist and officers meeting the requirements are not available; allow use of recording devices other than body-worn cameras. |
Index Headings |
Attorney General - Consultation prior to application for no-knock warrant; allow Civil Rights - No-knock warrants; restrictions on; modify Criminal Procedure - No-knock warrants; restrictions on; modify Peace Officers and Law Enforcement - No-knock warrants; restrictions on; modify |
Amendment | House Floor Amendment 3 |
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Sponsor | C. Fugate |
Summary | Expand offenses for which no-knock warrants may be obtained to include Class B and Class C felonies in KRS Chapter 218A. |
Index Headings |
Civil Rights - No-knock warrants; allow for Class B and Class C felonies in KRS Chapter 218A Criminal Procedure - No-knock warrants; allow for Class B and Class C felonies in KRS Chapter 218A Peace Officers and Law Enforcement - No-knock warrants; allow for Class B and Class C felonies in KRS Chapter 218A |
Amendment | House Floor Amendment 4 |
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Sponsor | P. Minter |
Summary | Limit offenses for which a no-knock warrant could be used; require all law enforcement officers executing a no-knock warrant to be clearly identifiable as law enforcement officers; require the presence of a paramedic or emergency medical technician when executing a no-knock warrant. |
Index Headings |
Criminal Procedure - Offenses for which no-knock warrant permissible; limit Peace Officers and Law Enforcement - Identifiable clothing or equipment; require for officers executing no-knock warrant Peace Officers and Law Enforcement - Paramedic or EMT; require presence of when executing no-knock warrant |
Amendment | House Floor Amendment 5 |
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Sponsor | D. Elliott |
Summary | Decrease burden of proof required for issuance of a warrant authorizing entry without notice. |
Index Headings |
Courts - Burden of proof, warrants Criminal Procedure - Burden of proof, warrants |
Amendment | House Floor Amendment 6 |
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Sponsor | J. Blanton |
Summary | Add additional offenses for which a no-knock warrant could be used; require all law enforcement officers executing a no-knock warrant to be clearly identifiable as law enforcement officers; require the presence of a paramedic or emergency medical technician when exicuting a no-knock warrant; allow officers without specialized training and not part of a SWAT team to execute no-knock warrants if exigent circumstances exist and officers meeting the requirements are not available; allow use of recording devices other than body-worn cameras. |
Index Headings |
Criminal Procedure - Offenses for which no-knock warrant permissible, add Criminal Procedure - No-knock warrants, restrictions on, modify Peace Officers and Law Enforcement - Identifiable clothing or equipment, require for officers executing no-knock warrant Peace Officers and Law Enforcement - Paramedic or EMT, require presence of when executing no-knock warrant Peace Officers and Law Enforcement - No-knock warrants, restrictions on, modify Civil Rights - No-knock warrants, restrictions on, modify |
Amendment | House Floor Amendment 7 |
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Sponsor | J. Blanton |
Summary | Require all law enforcement officers executing a no-knock warrant to be clearly identifiable as law enforcement officers; require the presence of a paramedic or emergency medical technician when exicuting a no-knock warrant; in counties under 90,000, allow officers without specialized training and not part of a SWAT team to execute no-knock warrants if exigent circumstances exist and officers meeting the requirements are not available; in counties under 90,000, allow use of recording devices other than body-worn cameras. |
Index Headings |
Criminal Procedure - No-knock warrants, restrictions on, modify Peace Officers and Law Enforcement - Identifiable clothing or equipment, require for officers executing no-knock warrant Peace Officers and Law Enforcement - No-knock warrants, restrictions on, modify Peace Officers and Law Enforcement - Paramedic or EMT, require presence of when executing no-knock warrant Civil Rights - No-knock warrants, restrictions on, modify |
Last updated: 11/9/2023 2:52 PM (EST)