New Traffic and Impaired Driving Laws- 2023 Ky Legislative Session
Several laws relating to impaired driving and traffic safety were enacted this past legislative session. Here is a brief summary of each.
SB 47--Approval of Medical Cannabis. bill.pdf (ky.gov)- Portions effective 7/2024 other portions effective 1/2025
SECTION 6. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO READ AS FOLLOWS: (1) Sections 1 to 30 of this Act do not authorize any person to engage in, and shall not prevent the imposition of any civil, criminal, or other penalties, including but not limited to criminal prosecution or disciplinary action by the cabinet or an occupational or professional licensing board, for engaging in the following conduct: (a) Operating, navigating, or being in actual physical control of any aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property while under the influence of medicinal cannabis; (b) Consuming medicinal cannabis while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property
SB 199--Limitations on Tracking Devices/Misdemeanor/Blood Testing Search Warrants. bill.pdf (ky.gov) effective date estimated at June 29, 2023
1. When directed by a peace officer pursuant to a search warrant or other court order issued under this subsection, a qualified medical professional shall withdraw the sample of blood as soon as practicable and shall deliver the sample to the requesting peace officer, or other peace officer as directed by the requesting peace officer, provided that the collection of the sample does not jeopardize the person's life, cause serious injury to the person, or seriously impede the person's medical assessment, care, or treatment. 2. The qualified medical professional authorized to withdraw the blood sample and the medical care facility where the blood sample is drawn shall be considered as acting in good faith once presented with a search warrant or other court order issued under this subsection. The qualified medical professional shall not require the person that is the subject of the test or tests to provide any additional consent. . A qualified medical professional who administers any test under this 3 paragraph upon the request of a peace officer, and a medical care facility where any test under this paragraph may be performed, shall not be criminally liable solely for administering the requested test or civilly liable for damages to the person tested solely for administering the requested test except in cases of gross negligence or willful or wanton misconduct.
HB 262--Driving Under the Influence/Vehicular Homicide. (A prosecutor priority for several years.) bill.pdf (ky.gov)- In effect
Emergency Legislation- (4) A breath test shall consist of a test which is performed in accordance with the standard operating procedures[
manufacturer's instructions or instructions] adopted by the Department of Criminal Justice Training [ and approved by the manufacturer ]for the use of the instrument. The secretary of the Justice and Public Safety Cabinet shall keep available for public inspection and provide, upon request and without charge, copies of the standard operating procedures [these manufacturer's 6 instructions or instructions] adopted by the Department of Criminal Justice Training [and approved by the manufacturer ]for all models of breath testing devices in use by the Commonwealth of Kentucky;
SECTION 3. A NEW SECTION OF KRS CHAPTER 507 IS CREATED TO READ 3 AS FOLLOWS: (1) A person is guilty of vehicular homicide when: (a) He or she causes the death of another; and (b) The death results from the person's operation of a motor vehicle, including but not limited to boats and airplanes, under the influence of alcohol, a controlled substance, or other substance which impairs driving ability as described in KRS 189A.010. (2) Vehicular homicide is a Class B felony. This Act may be cited as Lily's Law. Whereas driving under the influence of alcohol or any substance which impairs one's ability to drive a motor vehicle presents a danger to public safety, an 14 emergency is declared to exist, and this Act takes effect upon passage and approval by the Governor or upon its otherwise becoming a law
SB 268--Child Support Restitution in DUI Homicide Cases. bill.pdf (ky.gov) effective date estimated at June 29, 2023
Notwithstanding any law to the contrary, if a defendant is convicted of a violation of KRS 189A.010 and the violation caused the death of a parent or guardian of a minor child or dependent or resulted in a finding by the court that a parent or guardian of a minor child or dependent is disabled or totally and permanently disabled, then the sentencing court may order the defendant to pay restitution in the form of financial support for the child or dependent to each child or dependent of the victim until the child or dependent reaches: 1. Eighteen (18) years of age; or 2. Nineteen (19) years of age if the child or dependent is still enrolled in high school. (b) In determining an amount that is reasonable and necessary for the financial support of the victim's child or dependent, the court shall consider all relevant factors…