By: Rodney Davis, Estill County Attorney
Many of the changes enacted in the most recent legislative sessions are set to become law beginning July 15, 2010. These changes will impact us in Estill County and it is important we be familiar with them and as Estill County Attorney I want to provide a brief summary of some of the most important changes.
1.HB 265 (partly effective April 13, 2010): creates new misdemeanor offenses for possession, trafficking and manufacturing of synthetic marijuana. This is growing trend and many states have already passed laws criminalizing synthetic marijuana.
This bill also creates a “per se” offense for operating a motor vehicle with the presence of certain controlled substances in the blood within two (2) hours of the cessation of operating the vehicle, as measured by a scientifically reliable test. The bill specifically defines at least 16 controlled substances which qualify for prosecution. These are things such as cocaine, all schedule I controlled substances, many pain medicines and many amphetamines. Also, it is important to note that this bill lowers the level for aggravating circumstances in a DUI from .18 to .15.
Additionally, this bill amends KRS 218A.500(5) to delete the enhanceability of drug paraphernalia offenses.
An emergency clause for the synthetic marijuana and the enhanceability of the paraphernalia provisions are effective on April 13. The remaining provisions relating to drugged driving are effective on July 15.
Link to the bill: http://apps.sos.ky.gov/Executive/Journal/ejimages/2010-Reg-HB-0265-1297.pdf
2.SB 107 (effective April 26, 2010): creates new misdemeanor offenses for the possession, trafficking and cultivation of salvia for human consumption. Salvia is a pyschoactive plant which can produce hallucinogenic or dissociative effects when consumed. This bill contained an emergency clause, and therefore became effective when it was signed by the Governor on April 26. However, the Kentucky State Police have not yet released uniform offense reporting (UOR) codes for the new offenses.
Link to the bill: http://apps.sos.ky.gov/Executive/Journal/ejimages/2010-Reg-HB-0265-1297.pdf
3.HB 1 – the Amanda Ross Law, allows judges to order the use of GPS monitors for substantial violations of domestic violence orders (DVOs), as well as for pretrial release and diversion. A county or group of counties may enter into agreements with GPS companies to provide these services. Also amends statutory definition of “family member” in the domestic violence process; specifically defines conditions for the reissuance of EPOs if the Respondent has not been served; and requires judges to advise petitioners about potential criminal charges which they may bring against the respondent and facilitate meetings between the petitioner and the county attorney.
Link to the bill: http://apps.sos.ky.gov/Executive/Journal/ejimages/2010-Reg-HB-0001-1319.pdf
4.HB 415 – creates new violations for texting while driving. Minors are completely prohibited from using personal communication devices while operating a motor vehicle. Adults are prohibited from writing, reading or sending text messages, instant messages or email while operating a motor vehicle on a roadway. There are exceptions for GPS devices, finding phone numbers, and certain emergencies. Prior to January 1, 2011, drivers shall receive a courtesy warning; on or after that date, first offenses will result in a fine of $25, and subsequent offenses will result in a fine of $50.
Link to the bill: http://apps.sos.ky.gov/Executive/Journal/ejimages/2010-Reg-HB-0415-1258.pdf
5.SB 17 – amends definitions of rape, sexual abuse and sodomy to criminalize sexual contact between inmates and jailers.
Link to the bill: http://apps.sos.ky.gov/Executive/Journal/ejimages/2010-Reg-SB-0017-1161.pdf
6.HB 500 – allows victims of sexual abuse (other than children or spouses) to determine whether the crime should or should not be reported to law enforcement. Also contains provisions relating to the duties of Sexual Assault Response Teams.
Link to the bill: http://apps.sos.ky.gov/Executive/Journal/ejimages/2010-Reg-HB-0500-1249.pdf
7.SB 64 –prohibits a person from knowingly taking game with a firearm during bow season. It is a Class A misdemeanor, but subsequent offenses carry a higher fine.
Link to the bill: http://apps.sos.ky.gov/Executive/Journal/ejimages/2010-Reg-SB-0064-1306.pdf
This list is not an exhaustive list of all the changes that will occur, but are changes that I thought the most relevant to our community. Perhaps the biggest impact will the change in the law making drugged driving violations a per se offence. It will now be much easier to prosecute those Defendants that are driving impaired due to drugs because all the prosecution will have to show is a presence of those drugs in the defendant’s system and not necessarily any impaired driving.
If anyone has a question about any of the changing laws do not hesitate to contact the county attorney’s office.