Senate Judiciary Committee advances package of criminal-justice, public-safety and procedural bills

The Kentucky Senate Judiciary Committee on March 7 advanced a slate of bills affecting law-enforcement operations, court procedures and the attorney general's office.

The panel unanimously reported several bills with favorable expressions, including measures to (1) revise functions and procedures for the attorney general's office, (2) set notice requirements for subpoenas that seek medical records, (3) add fentanyl to the list of per-se controlled substances for DUI, (4) criminalize certain sales of human remains, (5) clarify sheriffs'authority to use court-security staff during court-ordered mental-health transports, and (6) move administration of a body-armor grant program to the attorney general's office.

Senate Bill 198: attorney general functions

Sen. Steve Meredith introduced SB 198 as a cleanup and operational bill to align several functions transferred to the attorney general's office, including child-support administration and administrative hearings. Will Schroeder, senior counsel for the attorney general, told the committee there are seven changes intended to improve efficiency, including enabling the attorney general's office to conduct FBI background checks and fingerprinting for positions tied to federal child-support work, transferring the child-support guideline commission to the attorney general's office, clarifying access to records in multistate litigation, and setting a 10-year statute of limitations for certain consumer-protection actions. The committee passed SB 198 by recorded vote (9-0).

Senate Bill 323: subpoenas for medical records

President Robert Stivers presented SB 323, which would require that subpoenas for production of medical records be served with at least 14 days'notice before the production deadline to allow HIPAA-mandated review and redactions where necessary. Senators asked about interactions with court rules (including civil rule 590.05) and whether earlier deadlines could trigger motions to quash; Stivers said the bill aims to avoid rushed compliance and unnecessary motions to quash. The committee reported the bill 9-0.

Senate Bill 66: DUI and per-se substances

The committee adopted a substitute for SB 66 that addresses retention of driving records, adds several controlled substances to the statute's per-se list and clarifies the timing of license suspension after a refusal of a scientifically reliable test. Chair Storm emphasized that the substitute adds fentanyl to the per-se list and clarifies that license suspension for refusal will occur at arraignment. President Stivers and other members discussed the distinction between a portable breath test (PBT), which some officers administer in the field, and subsequent scientifically reliable tests in station or hospital settings. The committee passed the substitute and the bill 9-0.

Senate Bill 221: sale or transfer of human remains

SB 221, modeled on Council of State Governments language, makes knowingly buying, selling or transferring human remains without authorization a Class D felony. Senators questioned potential edge cases — for instance, historical specimens held by private owners and fetal remains — and the chair pointed to language that narrows coverage to remains authorized for final disposition (cremation or burial). The committee passed the bill on an 8-0 recorded vote.

Senate Bill 312: court-ordered transports and court security

Witnesses including Darren Allen, court-security manager for the Administrative Office of the Courts, and representatives of the Kentucky Sheriffs Association said current Kentucky Revised Statutes were unclear about whether sheriffs may use court-security personnel to monitor and, in some situations, transport people detained for evaluation under mental-health statutes ("202A"). Witnesses told the committee many sheriffs rely on court-security staff because law-enforcement agencies are short-staffed; the bill clarifies that practice while noting courthouse security personnel are not being converted into general-purpose law-enforcement officers. The committee reported SB 312 8-0.

Senate Bill 333: body-armor grants

Rich Ferretti, commissioner of the Department of Criminal Investigations in the Office of the Attorney General, said SB 333 transfers administration of the Law Enforcement Protection Program (LEPP) to the attorney general's office. Ferretti told the committee the attorney general already runs a large body-armor grant program, noting that the biennial program exceeds $15 million in the current biennium and listing equipment distribution numbers since July 2024. He argued centralizing administration would better serve smaller and rural departments. The committee reported SB 333 8-0.

Votes at a glance

- SB 198 (operations of the attorney general) ' reported with favorable expression, recorded vote: 9 yes, 0 no, 0 pass. - SB 323 (production of medical records) ' reported with favorable expression, recorded vote: 9 yes, 0 no, 0 pass. - SB 66 (DUI/per-se substances, license-suspension timing) ' reported with favorable expression, recorded vote: 9 yes, 0 no, 0 pass. - SB 221 (sale/transfer of human remains) ' reported with favorable expression, recorded vote: 8 yes, 0 no, 0 pass. - SB 312 (court-ordered transports; court security) ' reported with favorable expression, recorded vote: 8 yes, 0 no, 0 pass. - SB 333 (LEPP/body-armor grants) ' reported with favorable expression, recorded vote: 8 yes, 0 no, 0 pass.

What happens next

All bills were reported from committee with favorable expression and will move to the Senate for further consideration. The committee adjourned with no additional business scheduled in the transcript.