Senate Bill 4

Actions | Amendments
Last Action 04/09/21: signed by Governor (Acts Ch. 202)
Title AN ACT relating to warrants authorizing entry without notice.
Bill Documents 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

Actions

Top | Amendments
02/22/21
  • introduced in Senate
  • to Committee on Committees (S)
  • to Judiciary (S)
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
02/23/21
  • taken from Judiciary (S)
  • 2nd reading
  • returned to Judiciary (S)
02/25/21
  • reported favorably, to Rules
  • posted for passage in the Regular Orders of the Day for Thursday, February 25, 2021
  • 3rd reading, passed 33-0
02/26/21
  • received in House
  • to Committee on Committees (H)
03/01/21
  • to Judiciary (H)
  • posted in committee
03/03/21
  • taken from Judiciary (H)
  • 1st reading
  • returned to Judiciary (H)
03/11/21
  • reported favorably, 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, March 12, 2021
  • floor amendment (1), (2) and (3) filed
03/12/21
  • floor amendment (4) filed
03/16/21
  • floor amendment (5) filed
03/29/21
  • floor amendment (6) filed
03/30/21
  • floor amendment (7) filed
  • 3rd reading, passed 92-5 with floor amendment (7)
  • received in Senate
  • to Rules (S)
  • posted for passage for concurrence in House floor amendment (7)
  • Senate concurred in House floor amendment (7)
  • Bill passed 34-0
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
04/09/21
  • signed by Governor (Acts Ch. 202)

Proposed Amendments

Top | Actions
Amendment House Floor Amendment 1
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
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
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
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
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
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
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: 4/14/2021 8:30 AM (EDT)
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