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+++ version:(document, no version)
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-UNOFFICIAL COPY  26 RS BR 1823
-Page 1 of 3
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-AN ACT relating to risk protection orders. 1
-Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
-SECTION 1.   A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 3
-READ AS FOLLOWS: 4
-(1) As used in this section: 5
-(a) "Firearm" has the same meaning as in KRS 237.060; and  6
-(b) "Qualified mental health professional" has the same meaning as in KRS 7
-202A.011. 8
-(2) Proceedings under this section shall be initiated by the filing of a verified petition 9
-in the District Court of the county in which the respondent resides. 10
-(3) The petition and all subsequent court documents shall be entitled: "In the 11
-interest of (name of respondent)." 12
-(4) The petition shall be filed by a qualified mental health professional, peace officer, 13
-county attorney, Commonwealth's attorney, spouse, relati ve, friend, or guardian 14
-of the individual concerning whom the petition is filed, or any other interested 15
-person. 16
-(5) The petition shall set forth: 17
-(a) Petitioner's relationship to the respondent; 18
-(b) Respondent's name, residence, and current location, if known; and 19
-(c) Petitioner's belief, including the factual basis for the belief, that the 20
-respondent is or has been diagnosed with or treated for a mental condition 21
-that causes or is likely to cause impairment in judgment, perception, or 22
-impulse control to a n extent that presents an unreasonable risk to public 23
-health, safety, or welfare if the person were in possession or control of a 24
-firearm. 25
-(6) Upon receipt of the petition, the court shall: 26
-(a) Set a date for a hearing within fourteen (14) days from the fi ling of the 27
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-petition; and 1
-(b) Notify the respondent concerning the allegations and contents of the 2
-petition and the date and purpose of the hearing. 3
-(7) If after the hearing the court finds by clear and convincing evidence that the risk 4
-to public health, safety, or welfare as described in subsection (5)(c) of this section 5
-exists, the court shall enter an order prohibiting the respondent from purchasing, 6
-possessing, receiving, or having in his or her custody or control a firearm. 7
-(8) Within twenty-four (24) hours of issuing the order, the court shall forward, by the 8
-most expedient means reasonably available, a copy of the order to the appropriate 9
-agency designated for entry of orders of protection into the Law Information 10
-Network of Kentucky and to the Department of Kentucky State Police. 11
-(9) The Department of Kentucky State Police shall immediately make information 12
-about the order available to the National Instant Criminal Background Check 13
-System for the purpose of firearm purchaser background checks. 14
-(10) (a) Any person found in violation of an order entered under this section shall 15
-be guilty of a Class A misdemeanor. 16
-(b) Any firearm possessed in violation of this section shall be subject to 17
-forfeiture and shall be disposed of as provided in KRS 500.090. 18
-Section 2.   KRS 237.104 is amended to read as follows: 19
-(1) A[No] person, unit of government, or governmental organization shall not, during a 20
-period of disaster or emergency as specified in KRS Chapter 39A or at any other 21
-time, have the right to revoke, suspend, limit the use of, or otherwise impair the 22
-validity of the right of any person to purchase, transfer, loan, own, possess, carry, or 23
-use a firearm, firearm part, ammunition, ammunition component, or any deadly 24
-weapon or dangerous instrument. 25
-(2) A[No] person, unit of government, or governmental organization shall not, during a 26
-period of disaster or emergency as specified in KRS Chapter 39A or at any other 27
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-time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, 1
-ammunition component, or any deadly weapon or dangerous instrument from any 2
-person. 3
-(3) [The provisions of ]This section shall not apply to the taking of an item specified in 4
-subsection (1) or (2) of this section from a person who is: 5
-(a) Forbidden to possess a firearm pursuant to KRS 527.040 or Section 1 of this 6
-Act; 7
-(b) Forbidden to possess a firearm pursuant to federal law; 8
-(c) Violating KRS 527.020 or Section 1 of this Act; 9
-(d) In possession of a stolen firearm; 10
-(e) Using a firearm in the commission of a separate criminal offense; or 11
-(f) Using a firearm or other weapon in the commission of an offense under KRS 12
-Chapter 150. 13
-Section 3.   This Act may be cited as Diego's Law. 14
+Page 1
+Local Government Mandate Statement
+Kentucky Legislative Research Commission
+ Session
+
+Part I:  Measure Information
+
+Bill Request #: 1823 Bill #: HB 410
+Document ID #: 3496 Sponsor: Rep. Beverly Chester-Burton
+Bill Title: AN ACT relating to risk protection orders
+
+Unit of ☒ City ☒ County ☒ Urban-County
+Government: ☒ Charter County ☒ Consolidated Local ☒ Unified Local
+
+Office(s) Impacted: Law Enforcement, Jails
+
+Requirement: ☒ Mandatory ☐ Optional
+
+Effect on Powers
+& Duties:
+
+☒ Modifies Existing ☒ Adds New ☐ Eliminates Existing
+
+Other Fiscal Statement(s)
+that may exist:
+☐ Actuarial Analysis ☒ Corrections Impact
+☐ Health Benefit Mandate ☐ State Employee Health Plan
+
+Part II:  Bill Provisions and the Estimated Fiscal Impact Relating to Local Government
+
+HB 410 adds a new section to KRS Chapter 237. It outlines the procedure for filing a risk
+protection order petition with the District Court, by either a mental health professional,
+peace officer, county attorney, Commonwealth’s attorney, spouse, relative, friend, or
+guardian of the individual for whom the petition is filed. If the person for whom the
+petition is filed has been determined to be a risk to the public, they must relinquish the
+custody of all firearms and are prohibited from purchasing, possessing, receiving, or
+having in their custody. Violations of this section are classified as a Class A
+misdemeanor.
+
+The fiscal impact of HB 410 is indeterminable, but expected to be negative. There is
+no way to anticipate the potential violations of this act, but there will be costs associated
+with the investigation of violations and the incarceration of offenders. Local law
+enforcement may also require additional training in the determination of filing protective
+orders and the procedures for doing so.
+
+Page 2
+A person convicted of a Class A misdemeanor may be incarcerated for up to twelve
+months.  Misdemeanants are housed in one of Kentucky’s 74 full-service jails or three
+life safety jails.  While the expense of housing inmates varies by jail, this estimated
+impact will be based on an average cost to incarcerate of $47.43 per day. While most
+misdemeanor defendants are granted bail, those who do not will also cost local jails an
+average cost to incarcerate of $47.43 per day.
+
+Data Source(s): LRC Staff; Kentucky Department of Corrections
+
+Preparer: TJ Reviewer: JR (MDA) Date: 1/21/26