HB 868

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1AN ACT relating to sex offender registrants.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 17.500 is amended to read as follows:
4 As used in KRS 17.500 to 17.580:
5 (1)    "Approved provider" means a mental health professional licensed or certified in
6Kentucky whose scope of practice includes providing mental health treatment
7services and who is approved by the Sex Offender Risk Assessment Advisory
8Board[,] under administrative regulations promulgated by the board[,] to provide
9comprehensive sex offender presentence evaluations or treatment to adults and
10youthful offenders[,] as defined in KRS 600.020;
11 (2)    "Authorized personnel" means an agent of state government who is properly
12trained in DNA sample collection pursuant to administrative regulation;
13 (3)    "Board" means the Sex Offender Risk Assessment Advisory Board created under
14KRS 17.554;
15 (4)    "Cabinet" means the Justice and Public Safety Cabinet;
16 (5)[(3)]      (a)        Except as provided in paragraph (b) of this subsection, "criminal offense
17against a victim who is a minor" means any of the following offenses if the
18victim is under the age of eighteen (18) at the time of the commission of the
19offense:
201.  Kidnapping, as set forth in KRS 509.040, except by a parent;
212.  Unlawful imprisonment, as set forth in KRS 509.020, except by a
22parent;
233.  Sex crime;
244.  Promoting a sexual performance of a minor, as set forth in KRS
25531.320;
265.  Human trafficking involving commercial sexual activity, as set forth in
27KRS 529.100;
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16.  Promoting human trafficking involving commercial sexual activity, as
2set forth in KRS 529.110;
37.  Promoting prostitution, as set forth in KRS 529.040, when the defendant
4advances or profits from the prostitution of a person under the age of
5eighteen (18);
68.  Use of a minor in a sexual performance, as set forth in KRS 531.310;
79.  Sexual abuse, as set forth in KRS 510.120 and 510.130;
810.        Unlawful transaction with a minor in the first degree, as set forth in KRS
9530.064(1)(a);
1011.        Any offense involving a minor or depictions of a minor, as set forth in
11KRS Chapter 531;
1212.        Any attempt to commit any of the offenses described in subparagraphs
131. to 11. of this paragraph;
1413.        Solicitation to commit any of the offenses described in subparagraphs 1.
15to 11. of this paragraph; or
1614.        Any offense from another state or territory, any federal offense, or any
17offense subject to a court martial of the United States Armed Forces,
18which is similar to any of the offenses described in subparagraphs 1. to
1913. of this paragraph.
20(b)    Conduct which is criminal only because of the age of the victim shall not be
21considered a criminal offense against a victim who is a minor if the
22perpetrator was under the age of eighteen (18) at the time of the commission
23of the offense;
24 (6)    "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab
25specimen from a person, as prescribed by administrative regulation, that is
26required to provide a DNA sample pursuant to KRS 17.170 or 17.510, that shall
27be submitted to the Department of Kentucky State Police forensic laboratory for
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1law enforcement identification purposes and inclusion in law enforcement
2identification databases;
3 (7)[(4)]      "Law enforcement agency" means any lawfully organized investigative
4agency, sheriff's office, police unit, or police force of federal, state, county, urban-
5county government, charter county, city, consolidated local government, or a
6combination of these, responsible for the detection of crime and the enforcement of
7the general criminal federal or state laws;
8 (8)[(5)]      "Registrant" means:
9(a)    Any person eighteen (18) years of age or older at the time of the offense or
10any youthful offender, as defined in KRS 600.020, who has committed:
111.  A sex crime; or
122.  A criminal offense against a victim who is a minor; or
13(b)    Any person required to register under KRS 17.510; or
14(c)    Any sexually violent predator; or
15(d)    Any person whose sexual offense has been diverted pursuant to KRS 533.250,
16until the diversionary period is successfully completed;
17 (9)[(6)]      "Registrant information" means information about a registrant, including:
18(a)    The registrant's:
191.  Name, including any lawful name change together with any[the]
20previous name;[,]
212.  Social Security number;[,]
223.  Age;[,]
234.  Race;[,]
245.  Sex;[,]
256.  Date of birth;[,]
267.  Height, weight, hair, and eye color;[,]
278.  Fingerprints, palm prints, DNA sample, and a photograph;[,]
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19.  Aliases used;[,]
210.        Residence;[,]
311.        Telephone numbers;
412.        Email addresses; and
513.        Motor vehicle operator's license number as well as any other
6government-issued identification card numbers, if any;[,]
7(b)    A brief description of the crime or crimes committed;[, and]
8(c)    The name and address of any place where the registrant:
91.  Is enrolled as a student; and
102.  Is employed or, if the registrant is employed with no fixed place of
11employment, other information describing where the registrant works;
12(d)    Copies of:
131.  Each passport the registrant possesses; and
142.  Any document establishing the registrant's immigration status,
15including immigration document type and number, if the sex offender
16is an alien as defined in 8 U.S.C. sec. 1101(a)(3);
17(e)    For a vehicle, including watercraft, aircraft, and motor vehicles owned or
18routinely operated by the registrant:
191.  The license plate number or, if a vehicle has no license plate, the
20registration number or other identifier;
212.  A description of the vehicle, including the make, model, year
22manufactured, and color; and
233.  An address or other information describing the location where the
24vehicle is habitually parked, docked, or otherwise kept;
25(f)    Copies of any occupational or professional licenses that authorize the
26registrant to engage in an occupation or carry out a trade or business;
27(g)    Designations  used     for    self-identification   or   routing   in   internet
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1communications or postings; and
2(h)    Other information the cabinet determines[,] by administrative regulation[,]
3may be useful in the identification of registrants;
4 (10)[(7)]     "Residence" means any place where a person sleeps. For the purposes of this
5statute, a registrant may have more than one (1) residence. A registrant is required
6to register each residence address;
7 (11)[(8)]     "Sex crime" means:
8(a)    A felony offense defined in KRS Chapter 510, KRS 529.100 or 529.110
9involving commercial sexual activity, 530.020, 530.064(1)(a), 531.125,
10531.310, 531.320, 531.335, 531.340, 531.365, 531.366, 531.367, or 531.368.
11(b)    A felony attempt to commit a felony offense specified in paragraph (a) of this
12subsection; or
13(c)    A federal felony offense, a felony offense subject to a court-martial of the
14United States Armed Forces, or a felony offense from another state or a
15territory where the felony offense is similar to a felony offense specified in
16paragraph (a) of this subsection;
17 (12)[(9)]     "Sexual offender" means any person who has been convicted of,
18pled[pleading] guilty to, or entered[entering] an Alford plea to a sex crime as
19defined in this section, as of the date the verdict is entered by the court;
20 (13)[(10)] "Sexually violent predator" means any person who has been subjected to
21involuntary civil commitment as a sexually violent predator, or a similar
22designation, under a state, territory, or federal statutory scheme; and
23 (14)[(11) "The board" means the Sex Offender Risk Assessment Advisory Board
24created under KRS 17.554;
25 (12)] "Victim" has the same meaning as in KRS 421.500[;
26 (13) "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab specimen
27from a person, as prescribed by administrative regulation, that is required to provide
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1a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitted to the
2Department of Kentucky State Police forensic laboratory for law enforcement
3identification purposes and inclusion in law enforcement identification databases;
4and
5 (14) "Authorized personnel" means an agent of state government who is properly trained
6in DNA sample collection pursuant to administrative regulation].
7Section 2. KRS 17.510 is amended to read as follows:
8 (1)    The cabinet shall develop and implement a registration system for registrants which
9includes creating a new computerized information file to be accessed through the
10Law Information Network of Kentucky.
11 (2)    A registrant shall, on or before the date of his or her release by the court, the parole
12board, the cabinet, or any detention facility, register with the appropriate local
13probation and parole office in the county in which he or she intends to reside. The
14person in charge of the release shall facilitate the registration process.
15 (3)    (a)    Any person required to register pursuant to subsection (2) of this section shall
16be informed of the duty to register by:
171.  The court at the time of sentencing if the court grants probation or
18conditional discharge or does not impose a penalty of incarceration;[,]
19or
202.  If incarcerated, by the official in charge of the place of confinement
21upon release.
22(b)    The court and the official shall require the person to read and sign any form
23that may be required by the cabinet[,] stating that the duty of the person to
24register has been explained to the person. The court and the official in charge
25of the place of confinement shall require the releasee to complete the
26acknowledgment form and the court or the official shall retain the original
27completed form. The official shall then send the form to the Sex Offender
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1Registry Section, Department of Kentucky State Police, Frankfort, Kentucky
240601.
3 (4)    (a)    The court or the official shall order the person to register with the appropriate
4local probation and parole office which shall obtain the person's registrant
5information[fingerprints, palm prints, DNA sample, photograph, and a copy
6of his or her motor vehicle operator's license as well as any other government-
7issued identification cards, if any].
8(b)    [Thereafter, ]The registrant shall return to the appropriate local probation and
9parole office not less than one (1) time every two (2) years in order for a new
10photograph to be obtained, and the registrant shall pay the cost of updating the
11photo for registration purposes. Any registrant who has not provided palm
12prints, a copy of his or her motor vehicle operator's license, or a copy of any
13other government-issued identification cards, if any, as of July 14, 2018, shall
14provide the information to the appropriate local probation and parole office
15when the registrant appears for a new photograph to be obtained. Any change
16to a registrant's information[motor vehicle operator's license number or any
17other government-issued identification card] after the registrant appears for a
18new photograph shall be registered in accordance with subsection (11) of this
19section. Failure to comply with this requirement shall be punished as set forth
20in subsection (12) of this section.
21 (5)    (a)    The appropriate probation and parole office shall send the registration form
22containing the registrant information[, fingerprints, palm prints, photograph,
23and a copy of his or her motor vehicle operator's license as well as any other
24government-issued identification cards, if any,] and any special conditions
25imposed by the court or the Parole Board, to the Sex Offender Registry
26Section, Department of Kentucky State Police, Frankfort, Kentucky 40601 or
27in electronic format on forms designated by the Department of Kentucky
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1State Police. The appropriate probation and parole office shall send the DNA
2sample to the Department of Kentucky State Police forensic laboratory in
3accordance with administrative regulations promulgated by the cabinet.
4(b)    The Sex Offender Registry Section, upon request by a state or local law
5enforcement agency, shall make available to that agency registrant
6information, including a person's fingerprints and photograph, where
7available, as well as any special conditions imposed by the court or the Parole
8Board.
9(c)    Any employee of the Justice and Public Safety Cabinet who disseminates, or
10does not disseminate, registrant information in good-faith compliance with the
11requirements of this subsection shall be immune from criminal and civil
12liability for the dissemination or lack thereof.
13 (6)    (a)    Except as provided in paragraph (b) of this subsection, any person who has
14been:
151.  Convicted of a sex crime or criminal offense against a victim who is a
16minor and has been notified of the duty to register by:[ in]
17a.   A court of any state or territory, a court of the United States, the
18District of Columbia, or any federally recognized Indian tribe;[
19or]
20b.   A similar conviction from a court of competent jurisdiction in any
21other country;[,] or
22c.   A court martial of the United States Armed Forces;[ of a sex crime
23or criminal offense against a victim who is a minor and who has
24been notified of the duty to register by that state, territory, or
25court,] or[ who has been]
262.  Committed as a sexually violent predator:
27a.   Under the laws of another state, laws of a territory, or federal laws,
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1or
2b.   Has a similar commitment[conviction] from a court of competent
3jurisdiction in any other country;[,]
4shall comply with the registration requirement of this section, including the
5requirements of subsection (4) of this section, and shall register with the
6appropriate local probation and parole office in the county of residence within
7three (3)[five (5)] working days of relocation. [No ]Additional notice of the
8duty to register shall not be required of any official charged with a duty of
9enforcing the laws of this Commonwealth.
10(b)    A[No] person shall not be required to register under this subsection for a
11juvenile adjudication if such an adjudication in this Commonwealth would not
12create a duty to register. This paragraph shall be retroactive.
13 (7)    (a)    1.  Except as provided in paragraph (b) of this subsection, if a person:
14a.   Is required to register under federal law or the laws of another state
15or territory;[,] or[ if the person]
16b.   Has been convicted of an offense in a court of the United States,
17the District of Columbia, or any federally recognized Indian
18tribe, in a court martial of the United States Armed Forces, or
19under the laws of another state or territory that would require
20registration if committed in this Commonwealth,
21that person upon changing residence from the other state or territory of
22the United States to the Commonwealth or upon entering the
23Commonwealth for employment, to carry on a vocation, or as a student
24shall comply with the registration requirement of this section, including
25the requirements of subsection (4) of this section, and shall register
26within three (3)[five (5)] working days with the appropriate local
27probation and parole office in the county of residence, employment,
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1vocation, or schooling.
22.  A person required to register under federal law or the laws of another
3state or territory shall be presumed to know of the duty to register in the
4Commonwealth. As used in this subsection, "employment" or "carry on
5a vocation" includes employment that is full-time or part-time for a
6period exceeding fourteen (14) days or for an aggregate period of time
7exceeding thirty (30) days during any calendar year, whether financially
8compensated, volunteered, or for the purpose of government or
9educational benefit. As used in this subsection, "student" means a person
10who is enrolled on a full-time or part-time basis, in any public or private
11educational institution, including any secondary school, trade or
12professional institution, or institution of higher education.
13(b)    A[No] person shall not be required to register under this subsection for a
14juvenile adjudication if such an adjudication in this Commonwealth would not
15create a duty to register. This paragraph shall be retroactive.
16 (8)    The registration form shall be a written or electronic statement signed, either
17physically or digitally, by the person that[which] shall include registrant
18information, including an up-to-date photograph of the registrant for public
19dissemination.
20 (9)    For purposes of KRS 17.500 to 17.580 and 17.991, a post office box number shall
21not be considered an address.
22 (10) (a)      If a registrant does not have an established and fixed residence of regular
23return, he or she shall report in person no less than every thirty (30) days to
24the local probation and parole office in the county in which he or she is
25present and register the approximate area where he or she can be located.
26(b)    If the registrant changes his or her location, employer or employer address, or
27school or school address to a new county, the person shall notify his or her
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1current local probation and parole office of the new location on or before the
2date of the change of location.
3(c)    The registrant shall also report in person to the appropriate local probation and
4parole office in the county of his or her new location, employer or employer
5address, or school or school address no later than three (3)[five (5)] working
6days after the date of the change of location.
7 (11) (a)      If the residence, employer, or school address of any registrant changes[,] but
8the registrant remains in the same county, the registrant[person] shall
9register[,] on or before the date of the change of address[,] with the
10appropriate local probation and parole office in the county in which he or she
11resides.
12(b)    1.  If the registrant changes his or her residence, employer, or school to a
13new county, the person shall notify his or her current local probation and
14parole office of the new residence, employer, or school address on or
15before the date of the change of address.
162.  The registrant shall also register with the appropriate local probation and
17parole office in the county of his or her new residence, employer, or
18school no later than three (3)[five (5)] working days after the date of the
19change of address.
20(c)    If a registrant's information changes, other than the registrant information
21described in subsection (10)(b) and (c) of this section or paragraphs (a) and
22(b) of this subsection,[the:
231.  Motor vehicle operator's license number or any other government-issued
24identification card number of any registrant changes; or
252.  Registrant obtains for the first time a motor vehicle operator's license
26number or any other government-issued identification card number;
27] the registrant shall register the change or addition no later than three (3)[five
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1(5)] working days after the date of the change or the date of the addition[,]
2with the appropriate local probation and parole office in the county in which
3he or she resides.
4(d)    1.  As soon as a probation and parole office learns of the person's new
5address under paragraph (b)1. of this subsection, that probation and
6parole office shall notify the appropriate local probation and parole
7office in the county of the new address of the effective date of the new
8address.
92.  As soon as a probation and parole office learns of the person's new
10address under paragraph (b)2. of this subsection, that office shall
11forward this information as set forth under subsection (5) of this section.
12(e)    1.  A registrant shall register the following information with the appropriate
13local probation and parole office no less than twenty-one (21) days
14before traveling outside of the United States:
15a.   [His or her passport number and country of issue;
16b.   ]The dates of departure, travel, and return; and
17b.[c.] The foreign countries, colonies, territories, or possessions that the
18registrant will visit.
192.  The registrant shall register the following information with the
20appropriate local probation and parole office no later than three (3)[five
21(5)] working days after the date of his or her return from traveling
22outside of the United States:
23a.   The date he or she departed, traveled, and returned; and
24b.   The foreign countries, colonies, territories, or possessions that the
25registrant visited.
26 (12) Any person required to register under this section who knowingly violates any of
27the provisions of this section or prior law is guilty of a Class D felony for the first
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1offense and a Class C felony for each subsequent offense.
2 (13) Any person required to register under this section or prior law who knowingly
3provides false, misleading, or incomplete information is guilty of a Class D felony
4for the first offense and a Class C felony for each subsequent offense.
5 (14) (a)      [The cabinet shall]Any person required to register under this section shall
6verify his or her registrant information at least once every:[ the addresses,
7names, motor vehicle operator's license numbers, and government-issued
8identification card numbers of individuals required to register under this
9section. Verification shall occur at least once every]
101.  Ninety (90) days for a person required to register under KRS
1117.520(2);[, at least once every ]
122.  Calendar year for a person required to register under KRS 17.520(3);[,]
13and[ at least once every]
143.  Thirty (30) days for a person who does not have an established and fixed
15residence of regular return.
16(b)    If the cabinet determines that a person has:
171.  Moved without providing his or her new address;
182.  Failed to notify the local probation and parole office of his or her
19presence in a new county without an established and fixed residence of
20regular return; or
213.  Other registrant information[A new name, motor vehicle operator's
22license number, or government-issued identification card number] that
23he or she has not provided;
24to the appropriate local probation and parole office or offices as required
25under subsection (11)(a), (b), and (c) of this section, the cabinet shall notify
26the appropriate local probation and parole office of the newly discovered
27information[new address, name, motor vehicle operator's license number, or
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1government-issued identification card number] used by the person. The office
2shall then forward this information as set forth under subsection (5) of this
3section. The cabinet shall attempt to notify the registrant and also notify the
4appropriate court, Parole Board, and appropriate Commonwealth's attorney,
5sheriff's office, probation and parole office, corrections agency, and law
6enforcement agency responsible for the investigation of the report of
7noncompliance.
8(c)    An agency that receives notice of the noncompliance from the cabinet under
9paragraph (a) of this subsection:
101.  Shall consider revocation of the parole, probation, postincarceration
11supervision, or conditional discharge of any person released under its
12authority; and
132.  Shall notify the appropriate county or Commonwealth's Attorney for
14prosecution.
15 (15) The cabinet may promulgate administrative regulations in accordance with KRS
16Chapter 13A to implement this section.
17 (16) The provisions of subsections (10) and (14) of this section relating to registrants
18who do not have an established and fixed residence of regular return shall apply to
19any person required to register on or after January 1, 2024.
20Section 3. KRS 17.520 is amended to read as follows:
21 (1)    A registrant, upon his or her release by the court, the Parole Board, the cabinet, or
22any detention facility, shall be required to register for a period of time required
23under this section.
24 (2)    (a)    Lifetime registration is required for:
251.  Any person who has been convicted of kidnapping, as set forth in KRS
26509.040, when the victim is under the age of eighteen (18) at the time of
27the commission of the offense, except when the offense is committed by
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1a parent;
22.  Any person who has been convicted of unlawful imprisonment, as set
3forth in KRS 509.020, when the victim is under the age of eighteen (18)
4at the time of the commission of the offense, except when the offense is
5committed by a parent;
63.  Any person convicted of a sex crime:
7a.   Who has one (1) or more prior convictions of a felony criminal
8offense against a victim who is a minor; or
9b.   Who has one (1) or more prior sex crime convictions;
104.  Any person who has been convicted of two (2) or more felony criminal
11offenses against a victim who is a minor;
125.  Any person who has been convicted of:
13a.   Any degree of rape under KRS Chapter 510[Rape in the first
14degree under KRS 510.040];[ or]
15b.   Any degree of sodomy under KRS Chapter 510[Sodomy in the
16first degree under KRS 510.070];
17c.   Incest under KRS 530.020(2)(b) or (c);
18d.   Sexual abuse in the first degree under KRS 510.110(1)(b)2.; or
19e.   Any criminal attempt, conspiracy, or solicitation to commit any
20of the offenses described in subdivisions a. to d. of this
21subparagraph; and
226.  Any sexually violent predator.
23 (3)    All other registrants are required to register for twenty-five (25)[twenty (20)] years
24following discharge from confinement or twenty-five (25)[twenty (20)] years
25following the maximum discharge date on probation, shock probation, conditional
26discharge, parole, or other form of early release, whichever period is greater.
27 (4)    If a person required to register under this section is reincarcerated for another
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1offense or as the result of having violated the terms of probation, parole,
2postincarceration  supervision,    or    conditional   discharge,   the    registration
3requirements and the remaining period of time for which the registrant shall register
4are tolled during the reincarceration.
5 (5)    A person who has pled guilty, entered an Alford plea, or been convicted in a court
6of another state or territory, in a court of the United States, the District of
7Columbia, or any federally recognized Indian tribe, or in a court-martial of the
8United States Armed Forces who is required to register in Kentucky shall be subject
9to registration in Kentucky based on the conviction in the foreign jurisdiction. The
10[Justice and Public Safety ]cabinet shall promulgate administrative regulations in
11accordance with KRS Chapter 13A to carry out the provisions of this subsection.
12 (6)    The court shall designate the registration period as mandated by this section in its
13judgment and shall cause a copy of its judgment to be mailed to the Information
14Services Center, Department of Kentucky State Police, Frankfort, Kentucky 40601.
15 (7)    If the court fails to designate the registration period as mandated by this section,
16or the registrant has been:
17(a)    Convicted of a sex crime or criminal offense against a victim who is a minor
18and has been notified of the duty to register by:
191.  A court of any state or territory, a court of the United States, the
20District of Columbia, or any federally recognized Indian tribe;
212.  A similar conviction from a court of competent jurisdiction in any
22other country; or
233.  A court martial of the United States Armed Forces; or
24(b)    Committed as a sexually violent predator:
251.  Under the laws of another state, laws of a territory, or federal laws; or
262.  Has a similar commitment from a court of competent jurisdiction in
27any other country;
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1the Department of Kentucky State Police shall determine the registration period
2as mandated by this section.
3Section 4. KRS 17.580 is amended to read as follows:
4 (1)    The Department of Kentucky State Police shall establish a website[Web site]
5available to the public. The website[Web site] shall display:
6(a)    The registrant information, except for:
71.  Information that identifies a victim;[,]
82.  DNA samples, fingerprints, and palm prints;[,]
93.  Social Security numbers;[,]
104.  Motor vehicle operator's license numbers;[,]
115.  The name and address of the registrant's school or employer;
126.  Copies of passports or documents establishing the registrant's
13immigration status;
147.  Copies of any occupational or professional licenses that authorize the
15registrant to engage in an occupation or carry out a trade or business;
168.  Designations used for self-identification or routing in internet
17communications or postings; and
189.  Government-issued identification card numbers obtained by the
19Information Services Center, Department of Kentucky State Police,
20under KRS 17.510;
21(b)    The sex offender information, except for information that identifies a victim,
22DNA samples, Social Security numbers, and vehicle registration data,
23obtained by the Information Services Center, Department of Kentucky State
24Police, under KRS 17.510 prior to April 11, 2000; and
25(c)    The registrant's conviction, the elements of the offense for which the
26registrant was convicted, whether the registrant is currently on probation or
27parole, and whether the registrant is compliant or noncompliant.
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1The website[Web site] shall be updated every day except for Saturdays, Sundays,
2and state holidays.
3 (2)    The information pertaining to an individual shall be maintained on the website[Web
4site] so long as that individual is registered in accordance with KRS 17.500 to
517.580.
6 (3)    The following language shall be prominently displayed on the website[Web site]:
7"UNDER KRS 525.070 AND 525.080, USE OF INFORMATION OBTAINED
8FROM THIS WEB SITE TO HARASS A PERSON IDENTIFIED ON THIS WEB
9SITE IS A CRIMINAL OFFENSE PUNISHABLE BY UP TO NINETY (90)
10DAYS IN THE COUNTY JAIL. MORE SEVERE CRIMINAL PENALTIES
11APPLY FOR MORE SEVERE CRIMES COMMITTED AGAINST A PERSON
12IDENTIFIED ON THIS WEBSITE[WEB SITE]."
13 (4)    (a)    Any Department of Kentucky State Police employee who disseminates, or
14does not disseminate, registrant information or sex offender information in
15good-faith compliance with the requirements of this section shall be immune
16from criminal and civil liability for the dissemination or lack thereof.
17(b)    Any person, including an employee of a sheriff's office, acting in good faith in
18disseminating, or not disseminating, information previously disseminated by
19the Department of Kentucky State Police shall be immune from criminal and
20civil liability for the dissemination or lack thereof.
21 (5)    On or before July 1, 2027, the website established under this section shall display,
22in addition to the information required under subsection (1) of this section:
23(a)    The name and address of any place where a registrant is employed or, if the
24registrant is employed with no fixed place of employment, other information
25describing where the registrant works; and
26(b)    For a vehicle including watercraft, aircraft, and motor vehicles owned or
27routinely operated by the registrant:
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11.  The license plate number or, if a vehicle has no license plate, the
2registration number or other identifier;
32.  A description of the vehicle, including the make, model, year
4manufactured, and color; and
53.  An address or other information describing the location where the
6vehicle is habitually parked, docked, or otherwise kept[The cabinet
7shall establish a toll-free telephone number for a person to call to learn
8the identity of the Web site created in this section and the location of
9public access to the Web site in the county where the person resides].
10 (6)    In addition to the website[Web site,] a local law enforcement agency may provide
11personal notification regarding the registrants located in its jurisdiction. Any
12notification shall contain the warning specified in subsection (3) of this section.
13Section 5. KRS 17.165 is amended to read as follows:
14 (1)    As used in this section:[,]
15(a)    "Criminal offense against a victim who is minor" means a conviction of or
16a plea of guilty to a criminal offense against a victim who is a minor as
17specified in Section 1 of this Act;
18(b)    "Sex crime" means a conviction or a plea of guilty to a sex crime specified in
19KRS 17.500; and[.]
20(c)[(2)]  [As used in this section, "Violent offender" means any person who has
21been convicted of or pled guilty to the commission of a capital offense, Class
22A felony, or Class B felony involving the death of the victim, or rape in the
23first degree or sodomy in the first degree of the victim or serious physical
24injury to a victim.
25 (3)    As used in this section, ]"Violent crime" shall mean a conviction of or a plea of
26guilty to the commission of a capital offense, Class A felony, or Class B felony
27involving the death of the victim, or rape in the first degree or sodomy in the first
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1degree of the victim or serious physical injury to a victim.[
2 (4)    As used in this section, "criminal offense against a victim who is a minor" means a
3conviction of or a plea of guilty to a criminal offense against a victim who is a
4minor as specified in KRS 17.500(3).]
5 (2)[(5)]      (a)        Excluding a child care staff member pursuant to KRS 199.8965, the
6provisions of this section shall apply to all applicants for initial employment
7in a position which involves care and supervision of a minor as a child-
8serving professional on or after March 27, 2017.
9(b)    Each employer of an applicant for initial employment in a position which
10involves care and supervision of a minor as a child-serving professional shall
11request all conviction information for the applicant for employment from the
12Justice and Public Safety Cabinet or the Administrative Office of the Courts
13prior to employing the applicant.
14(c)    This subsection shall not be construed to apply to an employer of a minor.
15 (3)[(6)]      An[No] employee in a position which involves care and supervision of a
16minor as a child-serving professional pursuant to subsection (2)[(5)] of this section
17shall not have been convicted of a violent crime, a criminal offense against a victim
18who is a minor, or a sex crime, or have been found by the Cabinet for Health and
19Family Services or a court to have abused or neglected a child.
20 (4)[(7)]      Each application form, provided by the employer to the applicant, shall
21conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT,
22STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION
23OF EMPLOYMENT."
24 (5)[(8)]      Any request for records under subsection (2)[(5)] of this section shall be on a
25form approved by the Justice and Public Safety Cabinet or the Administrative
26Office of the Courts, and the cabinet may charge a fee to be paid by the applicant in
27an amount no greater than the actual cost of processing the request.
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1Section 6. KRS 160.151 is amended to read as follows:
2 (1)    (a)    1.  A private, parochial, or church school that has voluntarily been certified
3by the Kentucky Board of Education in accordance with KRS
4156.160(2) may require a national and state criminal background check
5and require a clear CA/N check, as defined in KRS 160.380, on all new
6certified hires in the school and student teachers assigned to the school
7and may require a new national and state criminal background check
8and require a clear CA/N check on each certified teacher once every five
9(5) years of employment.
102.  Certified individuals who were employed in another certified position in
11a Kentucky school within six (6) months of the date of the hire and who
12had previously submitted to a national and state criminal background
13check and were required to have a clear CA/N check for previous
14employment may be excluded from the initial national or state criminal
15background checks.
16(b)    The national criminal history background check shall be conducted by the
17Federal Bureau of Investigation. The state criminal history background check
18shall be conducted by the Department of Kentucky State Police or the
19Administrative Office of the Courts.
20(c)    All fingerprints requested under this section shall be on an applicant
21fingerprint card provided by the Department of Kentucky State Police. The
22fingerprint cards shall be forwarded to the Federal Bureau of Investigation by
23the Department of Kentucky State Police after a state criminal background
24check has been conducted. Any fee charged by the Department of Kentucky
25State Police, the Administrative Office of the Courts, or the Federal Bureau of
26Investigation shall be an amount no greater than the actual cost of processing
27the request and conducting the search.
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1 (2)    (a)    If a school requires a criminal background check or requires a clear CA/N
2check for a new hire, the school shall conspicuously include the following
3disclosure statement on each application or renewal form provided by the
4employer to an applicant for a certified position: "STATE LAW
5AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL HISTORY
6BACKGROUND CHECK AND A LETTER FROM THE CABINET FOR
7HEALTH AND FAMILY SERVICES STATING THE APPLICANT IS
8CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED
9CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND
10CHECK OF CHILD ABUSE AND NEGLECT RECORDS AS A
11CONDITION OF EMPLOYMENT FOR THIS TYPE OF POSITION."
12(b)    The school or school board may require an adult who is permitted access to
13school grounds on a regularly scheduled and continuing basis pursuant to a
14written agreement for the purpose of providing services directly to a student
15or students as part of a school-sponsored program or activity, a volunteer, or a
16visitor to submit to a national criminal history check by the Federal Bureau of
17Investigation and state criminal history background check by the Department
18of Kentucky State Police or Administrative Office of the Courts and require a
19clear CA/N check.
20(c)    Any request for records from the Department of Kentucky State Police under
21this section shall be on an applicant fingerprint card provided by the
22Department of Kentucky State Police if required. The results of the state
23criminal background check and the results of the national criminal history
24background check, if requested, shall be sent to the hiring superintendent. If a
25background check of child abuse and neglect records is requested, the person
26seeking employment shall provide to the hiring superintendent a clear CA/N
27check.
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1(d)    Any fee charged by the Department of Kentucky State Police shall be an
2amount no greater than the actual cost of processing the request and
3conducting the search.
4 (3)    (a)    A nonpublic school voluntarily implementing the provisions of this chapter
5may choose not to employ any person who[ is a violent offender as defined by
6KRS 17.165(2),] has been convicted of a sex crime which is classified as a
7felony as defined by KRS 17.165[(1),] or has committed a violent crime as
8defined in KRS 17.165[(3)] or persons with a substantiated finding of child
9abuse or neglect in records maintained by the Cabinet for Health and Family
10Services. A nonpublic school may employ, at its discretion, persons convicted
11of sex crimes classified as a misdemeanor.
12(b)    If a school term has begun and a certified position remains unfilled or if a
13vacancy occurs during a school term, a nonpublic school implementing this
14chapter may employ an individual who will have supervisory or disciplinary
15authority over minors on probationary status pending receipt of a criminal
16history background check or the receipt of a clear CA/N check, provided by
17the individual.
18(c)    Employment at a nonpublic school implementing this chapter may be
19contingent on the receipt of a criminal history background check documenting
20a record[ as a violent offender,] of a sex crime[,] or[ of] a violent crime as
21defined in KRS 17.165 or the receipt of a clear CA/N check, provided by the
22individual.
23(d)    Nonpublic schools implementing this chapter may terminate probationary
24employment under this section upon receipt of a criminal history background
25check documenting a record[ as a violent offender,] of a sex crime[,] or[ of] a
26violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check.
27 (4)    The form for requesting a clear CA/N check shall be made available on the Cabinet
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1for Health and Family Services website.
2Section 7. KRS 160.380 is amended to read as follows:
3 (1)    As used in this section:
4(a)    "Administrative finding of child abuse or neglect" means a substantiated
5finding of child abuse or neglect issued by the Cabinet for Health and Family
6Services that is:
71.  Not appealed through an administrative hearing conducted in
8accordance with KRS Chapter 13B;
92.  Upheld at an administrative hearing conducted in accordance with KRS
10Chapter 13B and not appealed to a Circuit Court; or
113.  Upheld by a Circuit Court in an appeal of the results of an
12administrative hearing conducted in accordance with KRS Chapter 13B;
13(b)    "Alternative education program" means a program that exists to meet the
14needs of students that cannot be addressed in a traditional classroom setting
15but through the assignment of students to alternative classrooms, centers, or
16campuses that are designed to remediate academic performance, improve
17behavior, or provide an enhanced learning experience. Alternative education
18programs do not include career or technical centers or departments;
19(c)    "Clear CA/N check" means a letter from the Cabinet for Health and Family
20Services indicating that there are no administrative findings of child abuse or
21neglect relating to a specific individual;
22(d)    "Relative" means father, mother, brother, sister, husband, wife, son and
23daughter; and
24(e)    "Vacancy" means any certified position opening created by the resignation,
25dismissal, nonrenewal of contract, transfer, or death of a certified staff
26member of a local school district, or a new position created in a local school
27district for which certification is required. However, if an employer-employee
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1bargained contract contains procedures for filling certified position openings
2created by the resignation, dismissal, nonrenewal of contract, transfer, or
3death of a certified staff member, or creation of a new position for which
4certification is required, a vacancy shall not exist, unless certified positions
5remain open after compliance with those procedures.
6 (2)    Except as provided in KRS 160.346, the school district personnel actions identified
7in this section shall be carried out as follows:
8(a)    All appointments, promotions, and transfers of principals, supervisors,
9teachers, and other public school employees shall be made only by the
10superintendent of schools, who shall notify the board of the action taken. All
11employees of the local district shall have the qualifications prescribed by law
12and by the administrative regulations of the Kentucky Board of Education and
13of the employing board. Supervisors, principals, teachers, and other
14employees may be appointed by the superintendent for any school year at any
15time after February 1 preceding the beginning of the school year. No
16superintendent of schools shall appoint or transfer himself or herself to
17another position within the school district;
18(b)    When a vacancy occurs in a local school district, the superintendent shall
19submit the job posting to the statewide job posting system described in KRS
20160.152 fifteen (15) days before the position shall be filled. The local school
21district shall post position openings in the local board office for public
22viewing;
23(c)    When a vacancy needs to be filled in less than fifteen (15) days' time to
24prevent disruption of necessary instructional or support services of the school
25district, the superintendent may seek a waiver from the chief state school
26officer outside of the process established in KRS 156.161. If the waiver is
27approved, the appointment shall not be made until the person recommended
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1for the position has been approved by the chief state school officer. The chief
2state school officer shall respond to a district's request for waiver or for
3approval of an appointment within two (2) working days; and
4(d)    When a vacancy occurs in a local district, the superintendent shall conduct a
5search to locate minority teachers to be considered for the position. The
6superintendent shall, pursuant to administrative regulations of the Kentucky
7Board of Education, report annually the district's recruitment process and the
8activities used to increase the percentage of minority teachers in the district.
9 (3)    Restrictions on employment of relatives shall be as follows:
10(a)    No relative of a superintendent of schools shall be an employee of the school
11district. However, this shall not apply to a relative who is a classified or
12certified employee of the school district for at least thirty-six (36) months
13prior to the superintendent assuming office and who is qualified for the
14position the employee holds. A superintendent's spouse who has previously
15been employed in a school system may be an employee of the school district.
16A superintendent's spouse who is employed under this provision shall not hold
17a position in which the spouse supervises certified or classified employees. A
18superintendent's spouse may supervise teacher aides and student teachers.
19However, the superintendent shall not promote a relative who continues
20employment under an exception of this subsection;
21(b)    No superintendent shall employ a relative of a school board member of the
22district;
23(c)    No principal's relative shall be employed in the principal's school; and
24(d)    A relative that is ineligible for employment under paragraph (a), (b), or (c) of
25this subsection may be employed as a substitute for a certified or classified
26employee if the relative is not:
271.  A regular full-time or part-time employee of the district;
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12.  Accruing continuing contract status or any other right to continuous
2employment;
33.  Receiving fringe benefits other than those provided other substitutes; or
44.  Receiving preference in employment or assignment over other
5substitutes.
6 (4)    No superintendent shall assign a certified or classified staff person to an alternative
7education program as part of any disciplinary action taken pursuant to KRS 161.011
8or 161.790 as part of a corrective action plan established pursuant to the local
9district evaluation plan.
10 (5)    No superintendent shall employ in any position in the district any person who:
11(a)    Has been convicted of an offense that would classify a person as a violent
12offender under KRS 439.3401;
13(b)    Has been convicted of a sex crime as defined by KRS 17.500 or a
14misdemeanor offense under KRS Chapter 510;
15(c)    Is required to register as a sex offender under KRS 17.500 to 17.580; or
16(d)    Has an administrative finding of child abuse or neglect in records maintained
17by the Cabinet for Health and Family Services.
18 (6)    Requirements for background checks shall be as follows:
19(a)    A superintendent shall require the following individuals to submit to a
20national and state criminal background check by the Department of Kentucky
21State Police and the Federal Bureau of Investigation and have a clear CA/N
22check, provided by the individual:
231.  Each new certified or classified hire;
242.  A nonfaculty coach or nonfaculty assistant as defined under KRS
25161.185;
263.  A student teacher;
274.  A school-based decision making council parent member; and
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15.  Any adult who is permitted access to school grounds on a regularly
2scheduled and continuing basis pursuant to a written agreement for the
3purpose of providing services directly to a student or students as part of
4a school-sponsored program or activity;
5(b)    1.  The requirements of paragraph (a) of this subsection shall not apply to:
6a.   Classified and certified individuals employed by the school district
7prior to June 27, 2019;
8b.   Certified individuals who were employed in another certified
9position in a Kentucky school district within six (6) months of the
10date of hire and who had previously submitted to a national and
11state criminal background check and who have a clear CA/N check
12for the previous employment; or
13c.   Student teachers who have submitted to and provide a copy of a
14national and state criminal background check by the Department
15of Kentucky State Police and the Federal Bureau of Investigation
16through an accredited teacher education institution in which the
17student teacher is enrolled and who have a clear CA/N check.
182.  The Education Professional Standards Board may promulgate
19administrative regulations to impose additional qualifications to meet
20the requirements of Pub. L. No. 92-544;
21(c)    A parent member may serve prior to the receipt of the criminal history
22background check and CA/N letter required by paragraph (a) of this
23subsection but shall be removed from the council on receipt by the school
24district of a report documenting a record of abuse or neglect, or a sex crime or
25criminal offense against a victim who is a minor as defined in KRS 17.500, or
26as a violent crime[offender] as defined in KRS 17.165, and no further
27procedures shall be required;
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1(d)    A superintendent may require a volunteer or a visitor to submit to a national
2and state criminal history background check by the Department of Kentucky
3State Police and the Federal Bureau of Investigation and have a clear CA/N
4check, provided by the individual; and
5(e)    The superintendent of a school district operating under an alternative
6transportation plan approved by the Kentucky Department of Education in
7accordance with KRS 156.153(3) shall require the driver of any non-school
8bus passenger vehicle authorized to transport students to and from school
9pursuant to the alternative transportation plan who does not have a valid
10commercial driver's license issued in accordance with KRS Chapter 281A
11with an "S" endorsement to:
121.  Submit to a national and state criminal background check by the
13Department of Kentucky State Police and the Federal Bureau of
14Investigation at least once every three (3) years and a criminal records
15check conducted in accordance with KRS 27A.090 in all other years;
162.  Submit to drug testing consistent with the requirements of 49 C.F.R. pt.
1740;
183.  Provide a biannual driving history record check performed by the
19Transportation Cabinet;
204.  Provide an annual clear CA/N check;
215.  Immediately notify the superintendent of any conviction for a violation
22under KRS Chapter 189 for which penalty points are assessed; and
236.  Immediately notify the superintendent of any citation or arrest for a
24violation of any provision of KRS Chapter 189A. The superintendent
25shall inform the Kentucky Department of Education of the notification.
26 (7)    (a)    If a certified or classified position remains unfilled after July 31 or if a
27vacancy occurs during a school term, a superintendent may employ an
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1individual, who will have supervisory or disciplinary authority over minors,
2on probationary status pending receipt of the criminal history background
3check and a clear CA/N check, provided by the individual. Application for the
4criminal record and a request for a clear CA/N check of a probationary
5employee shall be made no later than the date probationary employment
6begins.
7(b)    Employment shall be contingent on the receipt of the criminal history
8background check documenting that the probationary employee has no record
9of a sex crime or[nor as] a violent crime[offender] as defined in KRS 17.165
10and receipt of a letter, provided by the individual, from the Cabinet for Health
11and Family Services stating the employee is clear to hire based on no
12administrative findings of child abuse or neglect found through a background
13check of child abuse and neglect records maintained by the Cabinet for Health
14and Family Services.
15(c)    Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary,
16probationary employment under this section shall terminate on receipt by the
17school district of a criminal history background check documenting a record
18of a sex crime or[ as] a violent crime[offender] as defined in KRS 17.165 and
19no further procedures shall be required.
20 (8)    The provisions of KRS 161.790 shall apply to terminate employment of a certified
21employee on the basis of a criminal record other than a record of a sex crime or[ as]
22a violent crime[offender] as defined in KRS 17.165, or on the basis of a CA/N
23check showing an administrative finding of child abuse or neglect.
24 (9)    (a)    All fingerprints requested under this section shall be on an applicant
25fingerprint card provided by the Department of Kentucky State Police. The
26fingerprint cards shall be forwarded to the Federal Bureau of Investigation
27from the Department of Kentucky State Police after a state criminal
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1background check is conducted. The results of the state and federal criminal
2background check shall be sent to the hiring superintendent. Any fee charged
3by the Department of Kentucky State Police, the Federal Bureau of
4Investigation, and the Cabinet for Health and Family Services shall be an
5amount no greater than the actual cost of processing the request and
6conducting the search.
7(b)    Each application form, provided by the employer to an applicant for a
8certified or classified position, shall conspicuously state the following: "FOR
9THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL
10AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A
11LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET
12FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT
13HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR
14NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD
15ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET
16FOR HEALTH AND FAMILY SERVICES."
17(c)    Each application form for a district position shall require the applicant to:
181.  Identify the states in which he or she has maintained residency,
19including the dates of residency; and
202.  Provide picture identification.
21 (10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary,
22when an employee of the school district is charged with any offense which is
23classified as a felony, the superintendent may transfer the employee to a second
24position until such time as the employee is found not guilty, the charges are
25dismissed, the employee is terminated, or the superintendent determines that further
26personnel action is not required. The employee shall continue to be paid at the same
27rate of pay he or she received prior to the transfer. If an employee is charged with
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1an offense outside of the Commonwealth, this provision may also be applied if the
2charge would have been treated as a felony if committed within the
3Commonwealth. Transfers shall be made to prevent disruption of the educational
4process and district operations and in the interest of students and staff and shall not
5be construed as evidence of misconduct.
6 (11) Notwithstanding any law to the contrary, each certified and classified employee of
7the school district shall notify the superintendent if he or she has been found by the
8Cabinet for Health and Family Services to have abused or neglected a child, and if
9he or she has waived the right to appeal a substantiated finding of child abuse or
10neglect or if the substantiated incident was upheld upon appeal. Any failure to
11report this finding shall result in the certified or classified employee being subject
12to dismissal or termination.
13 (12) The form for requesting a CA/N check shall be made available on the Cabinet for
14Health and Family Services website.
15Section 8. KRS 161.185 is amended to read as follows:
16 (1)    Except as provided in subsection (2), boards of education shall require a certified or
17classified staff member who is at least twenty-one (21) years of age to accompany
18students on all school-sponsored or school-endorsed trips. Local boards of
19education may adopt a policy that specifies the job classifications of staff members
20who may accompany students on trips under this section.
21 (2)    Boards of education may permit a nonfaculty coach or nonfaculty assistant, as
22defined by administrative regulation promulgated by the Kentucky Board of
23Education under KRS 156.070(2), to accompany students on all school-sponsored
24or school-endorsed athletic trips. A nonfaculty coach or nonfaculty assistant shall
25be at least twenty-one (21) years of age, shall not be[ a violent offender or]
26convicted of a sex crime or violent crime as defined by KRS 17.165 which is
27classified as a felony, and shall submit to a criminal record check under KRS
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1160.380.
2 (3)    Prior to assuming his or her duties, a nonfaculty coach or nonfaculty assistant shall
3successfully complete training provided by the local school district. The training
4shall include, but not be limited to, information on the physical and emotional
5development of students of the age with whom the nonfaculty coach and nonfaculty
6assistant will be working, the district's and school's discipline policies, procedures
7for dealing with discipline problems, and safety and first aid training. Follow-up
8training shall be provided annually.
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