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--- version:Acts Chapter 193+++ version:(document, no version)@@ -1,312 +1,22 @@-CHAPTER 193-Legislative Research Commission PDF Version+HOUSE OF REPRESENTATIVES-1-CHAPTER 193-( SB 66 )-AN ACT relating to the operation of a motor vehicle.-Be it enacted by the General Assembly of the Commonwealth of Kentucky:-Section 1. KRS 189A.010 is amended to read as follows:-(1) A person shall not operate or be in physical control of a motor vehicle anywhere in this Commonwealth[state]:-(a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of-a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical-control of a motor vehicle;-(b) While under the influence of alcohol;-(c) While under the influence of any other substance or combination of substances which impairs one's-driving ability;-(d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the-blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of-operation or physical control of a motor vehicle;-(e) While under the combined influence of alcohol and any other substance which impairs one's driving-ability; or-(f) Having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of-a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical-control of a motor vehicle, if the person is under the age of twenty-one (21).-(2) With the exception of the results of the tests administered pursuant to KRS 189A.103(7):-(a) If the sample of the person's blood or breath that is used to determine the alcohol concentration thereof-was obtained more than two (2) hours after cessation of operation or physical control of a motor-vehicle, the results of the test or tests shall be inadmissible as evidence in a prosecution under-subsection (1)(a) or (f) of this section. The results of the test or tests, however, may be admissible in a-prosecution under subsection (1)(b) or (e) of this section; or-(b) If the sample of the person's blood that is used to determine the presence of a controlled substance was-obtained more than two (2) hours after cessation of operation or physical control of a motor vehicle, the-results of the test or tests shall be inadmissible as evide nce in a prosecution under subsection (1)(d) of-this section. The results of the test or tests, however, may be admissible in a prosecution under-subsection (1)(c) or (e) of this section.-(3) In any prosecution for a violation of subsection (1)(b) or (e) o f this section in which the defendant is charged-with having operated or been in physical control of a motor vehicle while under the influence of alcohol, the-alcohol concentration in the defendant's blood as determined at the time of making analysis of hi s or her blood-or breath shall give rise to the following presumptions:-(a) If there was an alcohol concentration of less than 0.04 [ based upon the definition of alcohol-concentration in KRS 189A.005], it shall be presumed that the defendant was not under the influence of-alcohol; and-(b) If there was an alcohol concentration of 0.04 or greater but less than 0.08 [ based upon the definition of-alcohol concentration in KRS 189A.005] , that fact shall not constitute a presumption that the defendant-either was o r was not under the influence of alcohol, but that fact may be considered, together with-other competent evidence, in determining the guilt or innocence of the defendant.- [The provisions of ] This subsection shall not be construed as limiting the introduct ion of any other competent-evidence bearing upon the questions of whether the defendant was under the influence of alcohol or other-substances, in any prosecution for a violation of subsection (1)(b) or (e) of this section.-ACTS OF THE GENERAL ASSEMBLY 2-(4) (a) Except as provided in paragraph (b) of this subsection, the fact that any person charged with violation-of subsection (1) of this section is legally entitled to use any substance, including alcohol, shall not-constitute a defense against any charge of violation of subsection (1) of this section.-(b) A laboratory test or tests for a controlled substance shall be inadmissible as evidence in a prosecution-under subsection (1)(d) of this section upon a finding by the court that the defendant consumed the-substance under a valid prescription from a practitioner, as defined in KRS 218A.010, acting in the-course of his or her professional practice. However, a laboratory test for a controlled substance may be-admissible as evidence in a prosecution under subsection (1)(c) or (e) of this section.-(5) Any person who violates the provisions of paragraph (a), (b), (c), (d), or (e) of subsection (1) of this section-shall:-(a) For the first offense within a ten (10) year period, be fined not less than two hundred dollars ($200) nor-more than five hundred dollars ($500), or be imprisoned in the county jail for not less than forty -eight-(48) hours nor more than thirty (30) days, or both. Following sentencing, the defendant may apply to-the judge for permission to enter a community labo r program for not less than forty-eight (48) hours nor-more than thirty (30) days in lieu of fine or imprisonment, or both. If any of the aggravating-circumstances listed in subsection (11) of this section are present while the person was operating or in-physical control of a motor vehicle, the mandatory minimum term of imprisonment shall be four (4)-days, which term shall not be suspended, probated, conditionally discharged, or subject to any other-form of early release;-(b) For the second offense within a ten (10) year period, be fined not less than three hundred fifty dollars-($350) nor more than five hundred dollars ($500) and shall be imprisoned in the county jail for not less-than seven (7) days nor more than six (6) months and, in addition to fine and imprisonment, may be-sentenced to community labor for not less than ten (10) days nor more than six (6) months. If any of the-aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum-term of imprisonment shall be fourteen (14) days, which term shall not be suspended, probated,-conditionally discharged, or subject to any other form of early release;-(c) For a third offense within a ten (10) year period, be fined not less than five hundred dollars ($500) nor-more than one thousand dollars ($1,000) and shall be imprisoned in the county jail for not less than-thirty (30) days nor more than twelve (12) months and may, in addition to fine and imprisonment, be-sentenced to community labor for not less than thirty (30) days nor more than twelve (12) months. If-any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory-minimum term of imprisonment shall be sixty (60) days, which term shall not be suspended, probated,-conditionally discharged, or subject to any other form of early release;-(d) For a fourth or subsequent offense within a ten (10) year period, be guilty of a Class D felony. If any of-the aggravating circumstances listed in subsection (11) of this section are pres ent, the mandatory-minimum term of imprisonment shall be two hundred forty (240) days, which term shall not be-suspended, probated, conditionally discharged, or subject to any other form of release; and-(e) For purposes of this subsection, prior offenses s hall include all convictions in this-Commonwealth[state], and any other state or jurisdiction, for operating or being in control of a motor-vehicle while under the influence of alcohol or other substances that impair one's driving ability, or any-combination of alcohol and such substances, or while having an unlawful alcohol concentration, or-driving while intoxicated, but shall not include convictions for violating subsection (1)(f) of this-section. A court shall receive as proof of a prior conviction a co py of that conviction, certified by the-court ordering the conviction.-(6) Any person who violates the provisions of subsection (1)(f) of this section shall be fined no less than one-hundred dollars ($100) and no more than five hundred dollars ($500), or s entenced to twenty (20) hours of-community service in lieu of a fine. A person subject to the penalties of this subsection shall not be subject to-the penalties established in subsection (5) of this section or any other penalty established pursuant to KRS-Chapter 189A, except those established in KRS 189A.040(1) and KRS 189A.070.-(7) If the person is under the age of twenty -one (21) and there was an alcohol concentration of 0.08 or greater [-based on the definition of alcohol concentration in KRS 189A.005] , the person shall be subject to the penalties-established pursuant to subsection (5) of this section.-CHAPTER 193-Legislative Research Commission PDF Version+KENTUCKY GENERAL ASSEMBLY AMENDMENT FORM-3-(8) (a) For a second or third offense within a ten (10) year period, the minimum sentence of imprisonment or-community labor shall not be suspended, probat ed, or subject to conditional discharge or other form of-early release.-(b) For a fourth or subsequent offense under this section, the minimum term of imprisonment shall be one-hundred twenty (120) days, and this term shall not be suspended, probated, or s ubject to conditional-discharge or other form of early release.-(c) For a second or subsequent offense, at least forty -eight (48) hours of the mandatory sentence shall be-served consecutively.-(9) When sentencing persons under subsection (5)(a) of this sec tion, at least one (1) of the penalties shall be-assessed and that penalty shall not be suspended, probated, or subject to conditional discharge or other form of-early release.-(10) In determining the ten (10) year period under this section, the period sha ll be measured from the dates on-which the offenses occurred for which the judgments of conviction were entered.-(11) For purposes of this section, aggravating circumstances are any one (1) or more of the following:-(a) Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;-(b) Operating a motor vehicle in the wrong direction on a limited access highway;-(c) Operating a motor vehicle that causes an accident resulting in death or serious physical injury as-defined in KRS 500.080;-(d) Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or-more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2)-hours of cessation of operation of the motor vehicle;-(e) Refusing to submit to any test [or tests ] of one's [blood, ] breath[, or urine] requested by an officer-having reasonable grounds to believe the person was operating or in physical control of a motor vehicle-in violation of subsection (1) of this section, except it shall not be considered an aggravating-circumstance for a first offense under subsection (5)(a) of this section; and-(f) Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.-(12) The substances applicable to a prosecution under subsection (1)(d) of this section are:-(a) Any Schedule I controlled substance except marijuana;-(b) Alprazolam;-(c) Amphetamine;-(d) Buprenorphine;-(e) Butalbital;-(f) Carisoprodol;-(g) Clonazepam;-(h) Cocaine;-(i)[(h)] Cyclobenzaprine;-(j) Diazepam;-(k)[(i)] Fentanyl;-(l) Hydrocodone;-(m)[(j)] Meprobamate;-(n)[(k)] Methadone;-(o)[(l)] Methamphetamine;-(p)[(m)] Oxycodone;-ACTS OF THE GENERAL ASSEMBLY 4-(q)[(n)] Promethazine;-(r)[(o)] Propoxyphene; and-(s)[(p)] Zolpidem.-Section 2. KRS 189A.100 is amended to read as follows:-(1) (a) Law enforcement agencies may administer preliminary breath tests using devices or equipment which-will ensure an accurate determination of blood alcohol content. Preliminary breath[Such] tests may be-administered in the field to a person suspected of violation of KRS 189A.010 before the person is-arrested. This test may be administered in addition to any other blood alcohol level test authorized by-law.-(b) 1. A person's refusal to take a preliminary breath test shall not:-a. Be used against him or her in a court of law or in any administrative proceeding; or-b. Result in the suspension of his or her license by the court at the time of arraignment .-2. Prior to the administration of preliminary breath test, a person suspected of violating Section 1-of this Act shall be informed of the provisions of subparagraph 1. of this paragraph.-(2) (a) Law enforcement agencies may record on film or videotape or by other visual and audible means:-1. The pursuit of a violator or suspected violator;-2. The traffic stop; or-3. a. Field sobriety tests administered at the scene or such tests at a police station, jail, or other-suitable facility; or-b. The refusal of a violator or suspected violator to submit to tests under KRS 189A.103;- for a suspected violation of KRS 189A.010.-(b) Recordings made under paragraph (a) of this subsection shall be subject to the following conditions:-1. The testing is recorded in its entirety, [(]except for blood alcohol analysis testing[)];-2. The entire recording of the field sobriety tests or refusal and the entire recording of the pursuit-and traffic stop is shown in court unless the defendant waives the showing of any portions not-offered by the prosecution;-3. The entire recording is available to be shown by the defense at trial if the defendant [so ]desires-regardless of whether it was introduced by the Commonwealth;-4. The defendant or his or her counsel is afforded an opportunity to view the entire recording a-reasonable time before the trial in order to prepare an adequate defense;-5. Recordings shall be used for official purposes only, which shall include viewing:-a. [Viewing ]In court;-b. [Viewing ]By the prosecution and defense in preparation for a trial; and-c. [Viewing ]For purposes of administrative reviews and official administrative proceedings.-Recordings shall otherwise be considered as confidential records;-6. The videotape or film taken in accordance with this section shall, upon order of the sentencing-court, be destroyed after the later of the following:-a. Fourteen (14) months, if there is no appeal of any criminal or traffic case filed as a result-of the videotape or film, or if the videotape or film does not record the actual happening of-an accident involving a motor vehicle;-b. Fourteen (14) months after a decision has been made not to prosecute any case upon-which an arrest has been made or a citation issued as a result of the videotape or film, if-the videotape does not record the actual happening of an accident involving a motor-vehicle;-CHAPTER 193-Legislative Research Commission PDF Version+2026 REGULAR SESSION-5-c. Twenty-six (26) months, if there is no appeal of any criminal or traffic case filed as a-result of the videotape or film, if the videotape or film records the actual happening of an-accident involving a motor vehicle;-d. After all appeals have been exhausted arising from any criminal or traffic case filed as a-result of the videotape;-e. At the conclusion of any civil case arising from events depicted on the videotape or film;-or-f. At the conclusion of the exhaustion of all appeals arising from any law enforcement-agency administrative proceedings arising from events depicted on the videotape or film;-and-7. Public officials or employees utilizing or showing recordings other than as permitted in this-chapter or permitt ing others to do so shall be guilty of official misconduct in the first degree-under KRS 522.020.-(3) When a peace officer makes a videotape or film recording of any transaction covered by subsection (2) of this-section and a citation is issued or an arres t is made, the peace officer shall note on the uniform citation that a-videotape has been made of the transaction.-Section 3. KRS 189A.105 is amended to read as follows:-(1) A person's refusal to submit to tests under KRS 189A.103 shall result in suspension of his or her driving-privilege as provided in this chapter.-(2) (a) At the time a breath[,] or blood[, or urine] test is requested, the person shall be informed that:-1. [That, ]If the person refuses to submit to a breath test[such tests]:-a. The fact of this refusal may be used against him or her in court as evidence of violating-KRS 189A.010 and will result in suspension of his or her driver's license by the court at-the time of arraignment; and-b. If the person is subsequently convicted of violating KRS 189A.010(1):-i. For a second or third time within a ten (10) year period, he or she will be subject to-a mandatory minimum jail sentence which is twice as long as the mandatory-minimum jail sentence imposed if he or she submits to the tests; and-ii. His or her license will be suspended by the Transportation Cabinet;-2. If the person refuses to submit to a blood test:-a. The fact of this refusal shall not be used against him or her in court as evidence of-violating Section 1 of this Act but will result in suspension of his or her driver's license-by the court at the time of arraignment; and-b. If the person is subsequently convicted of violating subsection (1) of Section 1 of this-Act, his or her license will be suspended by the Transportation Cabinet;-3. [That, ]If a test is taken:-a. The results of the test may be used against the person in court as evidence of violating-KRS 189A.010(1); and-b. The person has the right to have a test or tests of his or her blood performed by a person of-his or h er choosing described in KRS 189A.103 within a reasonable time of his or her-arrest at the expense of the person arrested; and-4.[3.] [That ]Although his or her license will be suspended, he or she may be eligible immediately for-an ignition interlock lice nse allowing him or her to drive during the period of suspension and, if-he or she is convicted, he or she will receive a credit toward any other ignition interlock-requirement arising from this arrest.-(b) [Nothing in ] This subsection shall not be constru ed to prohibit a judge of a court of competent-jurisdiction from issuing a search warrant or other court order requiring a blood [or urine ] test[, or a-ACTS OF THE GENERAL ASSEMBLY 6-combination thereof,] of a defendant charged with a violation of KRS 189A.010, or other statutory-violation arising from the incident. However, if the incident involves a motor vehicle accident in which-there was a fatality, the investigating peace officer shall seek [such ]a search warrant for blood testing-unless the testing has already been done by consen t. If testing done pursuant to a warrant reveals the-presence of alcohol or any other substance that impaired the driving ability of a person who is charged-and convicted of a violation of KRS 189A.010(1), the sentencing court shall require, in addition to any-other sentencing provision, that the defendant make restitution to the Commonwealth[state] for the cost-of the testing.-(c) 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, if[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.-3. A qualified medical professional who administers any test under this 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.-(d) If the person is not informed of the provisions of paragraph (a) of this subsection prior to the request-for a breath or blood test, the person shall not have his or her:-1. Refusal to submit to a breath or blood test used:-a. Against him or her in court as evidence of violating Section 1 of this Act; or-b. As an aggravating circumstance under subsection (11) of Section 1 of this Act; or-2. License suspended by the court at the time of arraignment.-(3) During the period immediately preceding the administration of any test, the person shall be afforded an-opportunity of at least ten (10) minutes but not more than fifteen (15) minutes to attempt to contact and-communicate with an attorney and shall be info rmed of this right. Inability to communicate with an attorney-during this period shall not be deemed to relieve the person of his or her obligation to submit to the tests and-the penalties specified by KRS 189A.010 and 189A.107 shall remain applicable to t he person upon refusal.-[Nothing in ] This section shall not be deemed to create a right to have an attorney present during the-administration of the tests, but the person's attorney may be present if the attorney can physically appear at the-location where the test is to be administered within the time period established in this section.-(4) Immediately following the administration of the final test requested by the officer, the person shall again be-informed of his or her right to have a test or tests of h is or her blood performed by a person of his or her-choosing described in KRS 189A.103 within a reasonable time of his or her arrest at the expense of the person-arrested. He or she shall then be asked , "Do you want such a test?" The officer shall make rea sonable efforts to-provide transportation to the tests.-Section 4. KRS 186.018 is amended to read as follows:-(1) For purposes of maintaining driving history records of operators of motor vehicles of the Commonwealth, the-files of the Transportation Cabinet shall be used to ascertain the driving history record of each person who is-licensed to operate a motor vehicle within the Commonwealth.-(2) Except as provided in subsections (3) and (4) of this section, the Transportation Cabinet sh all destroy, and-shall not maintain, records of moving traffic convictions that are more than ten (10)[five (5)] years old.-(3) For any licensee who now holds, who has applied for, or has ever held a commercial driver's license or-commercial learner's perm it issued pursuant to KRS 281A.120 or 281A.170, the cabinet shall keep conviction-records indefinitely.-CHAPTER 193-Legislative Research Commission PDF Version+Amend printed copy of SB 66/GA+TITLE AMENDMENT-7-(4) The Transportation Cabinet shall not release information on the driving history record of a person under the-age of twenty-one (21) whose operator l icense has been suspended pursuant to KRS 189A.010(6). The cabinet-shall destroy, and shall not maintain, the record of the suspension of a person's operator's license if the license-was suspended pursuant to KRS 189A.010(6), within five (5) working days o f the person's operator's license-being reinstated. This subsection shall not apply to a person who holds, or is required to hold, a commercial-driver's license or commercial learner's permit.-(5) The cabinet shall charge a fee of three dollars ($3) for an y driving history record, ten cents ($0.10) of which-shall be deposited in a special account within the road fund to be used exclusively by the Transportation-Cabinet for the state driver education program as designated in KRS 186.535.-Signed by Governor April 23, 2026.+Amendment No. TITLE Rep. Rep. Ken Fleming++Committee Amendment Signed:++Floor Amendment LRC Drafter:++Adopted: Date:++Rejected: Doc. ID: XXXX++Page 1 of 1+ Amend the title to read: "AN ACT relating to the operation of motor vehicles and+vessels.".
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