The following bills of inerest to the legal profession have been prefiled for consideration in the 2010 session of the Kentucky General Assembly:Â
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BR 441 – Representative Kent Stevens (12/02/09)
     AN ACT relating to jurisdictional limits for Kentucky courts
    Amend KRS 24A.120 to increase the jurisdictional limit of civil actions in the District Court from $4,000 to $10,000; amend KRS 24A.230 and 24A.290 to increase the jurisdictional limit of the small claims division of the District Court from $1,500 to $5,000 for both claims and counterclaims.
BR 49 – Representative Arnold Simpson (08/10/09)
     AN ACT relating to criminal record expungement.
    Create a new section of KRS Chapter 431 to allow a person convicted of one Class D felony or a series of Class D felonies arising out of a single event to petition to have the felony record expunged under specified circumstances; amend KRS 431.078, relating to misdemeanor expungements, to begin the five-year waiting period from the date of adjudication of the offense; amend KRS 527.040, relating to possession of a firearm by a felon, to exempt individuals who have had their felony records expunged; create a new section of KRS Chapter 431 to require the Administrative Office of the Courts to keep a confidential index of expungement orders for utilization in the preparation of presentence investigations.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary
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BR 262 – Representative Mike Denham (10/22/09)
     AN ACT relating to domestic violence.
    Amend KRS 403.725 to prohibit joint mediation, conciliation, or counseling requirements within an emergency protective order or a domestic violence order; amend KRS 403.740 to allow an emergency protective order to remain in effect until the domestic violence hearing, with only the summons needing to be reissued in the event of a lack of service upon the adverse party; amend KRS 403.750 to require counseling in all cases for persons against whom a domestic violence order is entered; amend KRS 403.7505 to recognize batterer intervention services within the scope of certifies counseling services; amend KRS 403.763 to increase the penalty for a third or subsequent violation of an emergency protective order or a domestic violence order to a Class D felony; create a new section of KRS Chapter 511 to create the crime of domestic violence shelter trespass.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary
BR 65 – Representative Ron Crimm (06/03/09)
     AN ACT relating to domestic relations and declaring an emergency.
    Amend KRS 403.200, relating to temporary orders, to permit a court to provide for wage assignment and automatic electronic transfer of funds for payment of spousal maintenance; amend KRS 403.270, relating to custodial issues, to add the promotion of a healthy relationship between the child and other custodian or parent as a factor for the consideration of awarding custody of children; amend KRS 530.050, relating to nonsupport and flagrant nonsupport, to add spouse and former spouse; EMERGENCY.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary
BR 230 – Representative Linda Belcher (09/22/09)
     AN ACT relating to child custody.
    Amend KRS 620.090 to provide that children who are in temporary custody for a period not exceeding 45 days from the date of the removal from his home may be in the custody of the Cabinet for Health and Family Services or with another appropriate person or agency.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Health and Welfare
BR 308 – Senator John Schickel (11/04/09)
     AN ACT relating to public records.
    Create a new section of KRS 65.750 to 65.760 to restrict the availability of recordings of 911 communications to releases by court order; permit release of written transcripts of 911 communications; permit the person who made communication and person who is the subject of communication to permit release of the communication without a court order; permit acquisition of recorded copy in criminal, civil, or administrative proceedings; provide that any person may listen to, but shall not make any recordings of, 911 communications; allow written notes of the contents of the communication; prohibit making any audio recording of actual communication when authorized to make notes about the communication; establish penalty.
     (Prefiled by the sponsor(s).)
BR 277 – Representative Dennis Keene (10/09/09)
     AN ACT relating to public safety.
    Create a new section of KRS Chapter 17 to provide a registration system for persons convicted of murder, define “registrant,” and “murder,” establish period of registration, and establish penalties for failure to register.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary
BR 133 – Representative Jody Richards (07/30/09)
     AN ACT relating to dating violence.
    Amend KRS 403.720 to include dating partners among the class of persons allowed to obtain domestic violence protective orders; amend KRS 431.005 to reference the definition of “unmarried couple” in KRS 403.720.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary
BR 38 – Representative Tom Riner (06/25/09)
     AN ACT relating to shock probation.
    Amend KRS 439.265 to prohibit shock probation until either service of one year of imprisonment or completion of a comprehensive substance abuse treatment with supplemental character and education components; amend to allow victim’s next-of-kin to consent in writing to granting shock probation to the defendant; provide for short title, “The Kentuckians against Drunk Driving Act.”
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary
BR 275 – Representative Dennis Keene (10/09/09)
     AN ACT relating to driving under the influence.
    Amend KRS 189A.005 to expand the definition of “ignition interlock device”; amend KRS 189A.010 to include driving the wrong way on a four-lane highway among the list of factors for triggering aggravated DUI penalties; amend KRS 189A.070 to provide that a reduction in the time period of a license revocation does not lessen the time required for ignition interlock usage; amend KRS 189A.085 to run the period of a license plate impoundment from the date of sentencing to the day the offender is authorized to resume driving; amend KRS 189A.340 to require ignition interlock usage beginning with the first DUI offense and to remove an offender’s ability to drive a non-interlock-equipped work vehicle; amend KRS 189A.410 to require ignition interlock usage while an offender is driving on a hardship license.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary
BR 1 – Representative Jesse Crenshaw (05/12/09)
     AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote.
    Propose to amend Section 145 of the Constitution of Kentucky to exclude a convicted felon from the right to vote only until expiration of probation, final discharge from parole, or maximum expiration of sentence; submit to the voters for ratification or rejection.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on State Government
BR 95 – Representative Darryl T. Owens (08/28/09)
     AN ACT relating to crimes and punishments.
    Amend KRS 532.356 to remove the provisions requiring the withdrawal of driving privileges for persons convicted of a theft offense who have not paid court ordered restitution; include non-codified transitional provisions for persons whose driving privileges had been previously removed.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary
BR 118 – Representative Rick G. Nelson (08/05/09)
     AN ACT relating to personal communication devices.
    Create a new section of KRS Chapter 189 to prohibit the use of a personal communication device for any person under the age of 18 while operating a motor vehicle; provide for exclusions; create a new section of KRS Chapter 189 to prohibit text messaging while operating a motor vehicle; provide for certain exclusions; amend KRS 189.990 to set penalties for violations for this Act; provide for a probationary period ending November 1, 2010, where courtesy warnings will be issued; set a fine of $50 for each offense after the probationary period; exempt fines from court costs.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Transportation
BR 199 – Representative John A. Arnold Jr. (10/27/09)
     AN ACT relating to the operation of golf carts on public roads.
    Amend KRS 189.286, relating to the ability of local governments to allow operation of golf cart on roads under their control, to expand the allowable distance from a golf course from five miles to seven miles.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Transportation
BR 295 – Representative Mary Lou Marzian (11/03/09)
     AN ACT relating to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
    Create new sections of KRS Chapter 387 to enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, as recommended to the states by the National Conference of Commissioners on Uniform State laws, to govern jurisdictional questions and disputes between states in regard to cases concerning guardians and conservators; amend KRS 387.520 to conform.
     (Prefiled by the sponsor(s).)
BR 251 – Representative Greg Stumbo, Representative Rocky Adkins, Representative Hubert Collins, Representative Will Coursey, Representative Mike Denham, Representative Tim Firkins, Representative Kelly Flood, Representative Keith Hall, Representative Sannie Overly, Representative Ruth Ann Palumbo, Representative Tom Riner (09/24/09)
     AN ACT relating to the use of global positioning monitoring systems including monitoring-related restrictions and sanctions in domestic violence cases.
    Amend KRS 403.720 relating to domestic violence definitions to define “global positioning monitoring system”; amend KRS 403.740 relating to emergency protective orders to permit a court to restrain a respondent from going to or near specified locations; amend KRS 403.750 relating to domestic violence orders to permit court a to restrain a respondent from going to or near specified locations; create a new section of KRS Chapter 403 to permit the petitioner in a domestic violence order case to inform the court of places the petitioner does not want the respondent to go into or near; create a new section of KRS Chapter 403 to require the court to assess the respondent’s dangerousness; create a new section of KRS Chapter 403 to a permit court, as part of a domestic violence order, to order a respondent to wear or carry global monitoring system device and permit a petitioner to carry a device notifying the petitioner that the respondent is nearby; require the court to notify the petitioner of the operation and limitations of global positioning monitoring system devices, and provide a penalty for removing or tampering with the device; create a new section of KRS Chapter 403 to require the Department of Corrections to contract with entities providing global positioning system monitoring services to provide services meeting the requirements of the statutes; name act the Amanda Ross Domestic Violence Prevention Act.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary
BR 341 – Representative Mike Denham (10/26/09)
     AN ACT relating to crimes and punishments.
    Amend KRS 500.080 to include loss of consciousness within the definition of physical injury; amend KRS 508.020 to include intentionally or wantonly causing physical injury by means of strangulation within the offense of assault in the second degree.
     (Prefiled by the sponsor(s).)
     To: Interim Joint Committee on Judiciary