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Kentucky General Assembly· HB 43signed by Governor (Acts Ch. 20)

An act relating to deputy coroner training., the official text

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UNOFFICIAL COPY                                                   26 RS HB 43/GA

1   AN ACT relating to deputy coroner training.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 72.415 is amended to read as follows:

4 (1) For the purpose of enforcing[ the provisions of] KRS 72.410 to 72.470, coroners

5   and deputy coroners[ shall] have the full power and authority of peace officers in

6   this state, including the power of arrest and the authority to bear arms[,] and[ shall

7   have the power and authority] to:

8   (a) Administer oaths;

9   (b) Enter upon public or private premises for the purpose of making

10  investigations;

11  (c) Seize evidence;

12  (d) Interrogate persons;

13  (e) Require the production of medical records, books, papers, documents, or other

14  evidence;

15  (f) Impound vehicles involved in vehicular deaths;

16  (g) Employ special investigators and photographers; and

17  (h) Expend funds for the purpose of carrying out[ the provisions of] KRS 72.410

18  to 72.470.

19  The fiscal court or urban-county government shall pay all reasonable expenses

20  incurred by the coroner and his or her deputy in carrying out his or her

21  responsibilities under[ the provisions of] KRS 72.410 to 72.470.

22 (2) (a) 1. A[No] person shall not be eligible to hold the office of deputy coroner

23  unless he or she holds a high school diploma or its recognized

24  equivalent. Every deputy coroner, other than a licensed physician, shall

25  be required as a condition of office to take during every calendar year he

26  or she is in office the training course of at least eighteen (18) hours

27  provided by the Department of Criminal Justice Training or other

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    UNOFFICIAL COPY                                           26 RS HB 43/GA

1   courses approved by the Justice and Public Safety Cabinet after having

2   completed the basic training course the first year of employment. The

3   training course shall include material developed by the cabinet and

4   approved by the Cabinet for Health and Family Services on the human

5   immunodeficiency virus infection and acquired immunodeficiency

6   syndrome. The material shall include information on known modes of

7   transmission and methods of controlling and preventing these diseases

8   with an emphasis on appropriate behavior and attitude change.

9   2. Within three (3) years of initially assuming office, every deputy coroner

10  shall be required as a condition of office to take a course of at least four

11  (4) hours provided by the Department of Criminal Justice Training that

12  shall include instruction on the grieving process and best practices for

13  providing a notice of death to a spouse or next of kin and may include

14  instruction on other similar topics, as set out in KRS 64.185(4)(b). A

15  deputy coroner that has completed the course shall not be required to

16  retake the course.

17  (b) 1. Any deputy coroner subject to the training requirements of paragraph (a)

18  of this subsection who fails to complete the mandated training shall be

19  ineligible to perform the duties of deputy coroner, and may be

20  terminated by the coroner. The coroner shall make written notification

21  of the deputy coroner's ineligibility to perform his or her duties to the

22  deputy coroner and to the fiscal court or the legislative body of the

23  consolidated local government, charter county government, urban-

24  county government, or unified local government.

25  2. The commissioner of the Department of Criminal Justice Training, or the

26  commissioner's designee, may grant the deputy coroner an extension of no

27  more than one hundred eighty (180) days in which to complete the training

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    UNOFFICIAL COPY                                           26 RS HB 43/GA

1   requirements of this subsection if there are extenuating circumstances

2   beyond the control of the deputy coroner that prevent that individual from

3   completing the training during the required time period. If the deputy

4   coroner is unable to complete the training due to an injury or illness that

5   prevents that individual from performing the duties of the deputy coroner,

6   the one hundred eighty day (180) extension shall begin on the date that the

7   deputy coroner resumes performing the duties of the deputy coroner. Any

8   deputy coroner who fails to successfully complete the training within the

9   time period granted by the extension shall be subject to the consequences set

10  out in subparagraph 1. of this paragraph.[The deputy coroner shall regain

11  his or her eligibility upon successful recompletion of the initial basic training

12  course referenced in KRS 64.185(4), which shall be evidenced by written

13  certification provided by the Department of Criminal Justice Training to the

14  coroner. Upon receipt of the certification, the coroner shall make written

15  notification of the reinstatement of eligibility to the deputy coroner and to the

16  fiscal court or the legislative body of the consolidated local government,

17  charter county government, urban-county government, or unified local

18  government.

19  3. The compensation of a deputy coroner who becomes ineligible to

20                   perform his or her duties under subparagraph 1. of this paragraph

21                   shall be modified as follows:

22  a. From the coroner's written notification of ineligibility until the

23                   deputy coroner begins the basic training course mandated by

24                   subparagraph 2. of this paragraph, the deputy coroner shall receive

25                   no compensation;

26  b. From the first day that the deputy coroner begins the basic training

27                   course mandated by subparagraph 2. of this paragraph until written

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    UNOFFICIAL COPY                                           26 RS HB 43/GA

1                    notification of course outcome is received by the coroner, the

2                    deputy coroner shall be compensated at his or her previously

3                    established rate of compensation;

4   c. If the deputy coroner fails the basic training course mandated by

5                    subparagraph 2. of this paragraph, the deputy coroner shall receive

6                    no compensation from the date of receipt of notification of failure

7                    from Department of Criminal Justice Training to the coroner until

8                    the deputy coroner begins anew the basic training course mandated

9                    by subparagraph 2. of this paragraph, at which time the deputy

10                   coroner shall be compensated at his or her previously established

11                   rate of compensation; and

12  d. If the deputy coroner successfully completes the basic training

13                   course mandated by subparagraph 2. of this paragraph as

14                   evidenced by written certification provided by the Department of

15                   Criminal Justice Training to the coroner, the deputy coroner shall

16                   receive compensation as is normally determined for deputy

17                   coroners pursuant to statute.]

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