Office s Impacted Local law enforcement agencies

							Commonwealth of Kentucky                           Legislative Research Commission
General Assembly                                 Local Mandate Fiscal Impact Estimate

                                2009 REGULAR SESSION

                                   Measure Information

Bill Request #:     1399

Bill #:    SB 101

Bill Subject/Title:    AN ACT relating to dating violence.

Sponsor:     Sen. Kathy Stein

Unit of Government:        X    City                X County                 X Urban-County
                           X    Charter County      X Consolidated Local     X Jails

Office(s) Impacted         Local law enforcement agencies; local and regional jails

Requirement:               Mandatory    X Optional

Effect on
Powers & Duties       X     Modifies Existing          Adds New          Eliminates Existing

                                  Purpose and Mechanics

Under current law, the domestic violence statutes (KRS 403.715 to 403.785) apply to
family members and members of unmarried couples. “Member of an unmarried couple”
is defined in KRS 403.720 as each member of an unmarried couple which allegedly has a
child in common, any children of that couple, or a member of an unmarried couple who
are living together or formerly lived together. SB 101 amends that definition by adding
the clause “in a dating relationship.” As defined by the bill, “dating relationship” means a
relationship of a romantic or intimate nature that excludes casual acquaintanceships and
ordinary fraternization. Under the bill, therefore, a “member of an unmarried couple”
includes each member of an unmarried couple which allegedly are or have been in a
dating relationship, have a child in common, or are living together or formerly lived
together, and includes any children of that couple.

Also under current law (KRS 431.005), a peace officer may make a warrantless arrest
when a peace officer has probable cause to believe that a family member or a member of
an unmarried couple has intentionally or wantonly caused physical injury to a family
member or member of an unmarried couple. SB 101 amends that statute to reflect the
new definition of “member of an unmarried couple.”



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               Fiscal Explanation, Bill Provisions, and Estimated Cost

The fiscal impact of SB 101 on local governments is expected to be a minimal net
increase in expenditures.

SB 101 may increase the number of calls local law enforcement agencies receive and
respond to due to the expanded definition of “member of an unmarried couple.” As a
result, local and regional jail expenditures may increase because more people may be
arrested and subsequently convicted. KRS 520.095, for example, establishes that a person
who knowingly flees or evades police after committing an act of domestic violence as
defined in KRS 403.720 may be convicted of a Class D felony.

Local and regional jails may house Class D felony inmates. The state provides a per diem
to these jails. As a result, local and regional jail revenues may increase, but may not
fully cover jail expenses. In a 2006 report, the state auditor found that the state per diem
covers the daily incarceration cost at some local and regional jails, but not at others.

Data Source(s):     LRC staff; State Auditor report, “2006 Kentucky Jails A Financial
Overview”

Preparer: Rick Graycarek                    Reviewer:                    Date:




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