| A
number of new state laws goes into effect today, with the introduction
of a “deadly force” law and changes to existing motorist
statutes among the most notable.
Of the 1,012 bills introduced in the 2006 General Assembly, 223
became law. Eight passed without Gov. Ernie Fletcher’s signature.
While local law enforcement officials don’t anticipate that
the new laws will make a strong impact at the county level, they
caution residents to know the laws in their entirety.
“People are going to misinterpret the ‘deadly force’
law, there’s no doubt about it,” said City of Owenton
Police Chief Terry Gentry. “There needs to be more education
out about it, and I think it’s a little irresponsible on
(the legislature’s behalf) for not explaining it in depth.”
The “deadly force” law, more formally known as Senate
Bill 38, was introduced by Senators Damon Thayer (R-17: Grant,
Kenton, Owen, Scott) and Richard Roeding (R-11: Boone, Gallatin,
Kenton) and eliminates a person’s “duty to retreat”
if they believe they are being threatened. Instead, the law now
spells out a right to use deadly force against an intruder in
a person’s home or vehicle.
“I’m afraid people are simply going to shoot first,
then ask questions later if someone’s on their property,”
Gentry said. “And that’s not what the law is saying.”
The new law states a resident, in his or her own home, can use
deadly force if a “reasonable fear of imminent peril of
death or great bodily harm to himself or herself or another”
is present.
Senate Bill 38 isn’t the only new law that affects a person’s
right to handle firearms.
House Bill 290, another law which goes into effect today, blocks
the identity of those who can carry concealed deadly weapons from
public record. Only law enforcement officers will be able to check
such records, a law Gentry is in full agreement with.
“Those gun carriers go through a lengthy, two-part process
in order to carry those weapons. They have to take a training
class and have a thorough background check, and I don’t
understand why the public needs to know about it if the police
can keep tabs on them,” he said.
Owen County Sheriff Zemer Hammond, however, said he believes just
the opposite. “I don’t know why it can’t be
public, but that’s the law, and I’ll enforce it.”
Gentry offered similar sentiments regarding the new seat belt
law (HB 117) which raises seat belt violations from a secondary
to a primary offense, allowing law enforcement officers to pull
over a driver and issue a $25 fine for not wearing a seat belt.
A grace period lasting until Jan. 1 allows for officers to issue
courtesy warnings rather than tickets.
“I think it’s close to violating people’s constitutional
rights. I don’t particularly agree with it, but I can see
where the House and the Senate are worried about safety,”
Gentry said.
Hammond said some officers may abuse HB 117 and pull people over
for more activity, but he hopes that’s not the case. “I’m
not going to make a point of looking at every car,” he said.
The quick clearance motorist law also goes into effect today,
requiring drivers in non-fatal accidents with no visible injuries
to move their vehicles to the side of the road while waiting for
law enforcement to arrive.
For more information about all 223 passed bills, or to read them
in their entirety, access the Kentucky Legislative Research Commission’s
Web site at http://www.lrc.ky.gov/.
Other new laws of note:
• Prescription authority: Senate Bill 65 gives advanced
registered nurse practitioners (A.R.N.P.) the authority to write
prescriptions for controlled substances with the approval of their
supervising doctor. The legislation expands on their current ability
to write certain prescriptions, including antibiotics.
• Sex offenders: House Bill 3 expands the range of areas
where convicted sex offenders cannot live, specifically within
1,000 feet of any school, daycare center or playground. Registered
sex offenders will also be required to have a new photo taken
every two years, out-of-state sex offenders will have five days
to register in Kentucky after moving into the state, and the length
of registration for some offenders is lengthened from 10 to 20
years.
• ATV helmets: HB 117 stipulates that anyone 16 or under
riding an ATV must wear a helmet at all times, even if on private
land.
• Eminent domain: HB 508 lays down specific conditions
before the state may condemn private property under the state’s
eminent domain laws. The bill, a response to the U.S. Supreme
Court’s Kelo case, prohibits the condemnation of private
property unless it will be used for an exclusive public use such
as government purposes, public utilities or to eliminate blighted
areas.
• Wine consumption: Res-taurant patrons will be able to
take home a partially consumed bottle of wine under SB 56. The
restaurant will be required to reseal the bottle, place it in
a container and provide a dated receipt.
• Gift cards: SB 49 requires most gift cards to have
a minimum expiration date of one year after being issued and prevents
fees that reduce its value from setting in until that date passes.
• Credit reports: HB 395 allows consumers to request
a security freeze on their credit report, requiring the credit
agency to get express authorization from the consumer before releasing
the reports to a third party.
• Breastfeeding: SB 106 explicitly permits mothers to breastfeed
their baby or express their breastmilk in public and prevents
anyone from interfering with a mother breastfeeding in public.
Breastfeeding mothers cannot be charged with public indecency,
indecent exposure or obscenity for doing so.
• Tanning beds: HB 151 requires indoor tanning salons to
get written parental permission for any tanner between the ages
of 14 and 18. A parent or legal guardian must accompany anyone
under the age of 14 to the tanning salon. Tanning salons will
also be required to provide certain health and safety information
to their customers.
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