HBA-JEK, TBM H.B. 1122 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1122 By: Turner, Bob Public Safety 2/22/2001 Introduced BACKGROUND AND PURPOSE Current law requires that weapons seized in connection with certain weapons offenses be destroyed or forfeited to the state for use by the law enforcement agency holding the weapon. In 1998, the Kentucky General Assembly enacted the Guns to Vests Program to authorize the sale of confiscated firearms to licensed firearm dealers. The proceeds from these sales now fund the purchase and repair of body armor for local law enforcement agencies in Kentucky. House Bill 1122 requires a weapon confiscated in municipalities with a population of 30,000 or more to be forfeited to the Department of Public Safety (DPS) for the sale of these weapons to licensed firearm dealers, and provides that proceeds from such sales may be used to purchase safety equipment for local law enforcement agencies. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Public Safety Commission in SECTION 1 (Article 18.19, Code of Criminal Procedure) of this bill. ANALYSIS House Bill 1122 amends the Code of Criminal Procedure to modify the provisions relating to the disposition of a forfeited weapon that was seized in connection with an offense involving the unlawful possession, carrying, purchase, or transfer of a weapon, making a firearm accessible to a child, or an offense involving the use of the weapon. The bill removes the provision requiring the court that convicted or granted deferred adjudication to a person whose weapon was seized to issue an order to destroy the weapon or to allow the law enforcement agency that is holding the weapon, to use the weapon. The change requires the court to instead order the weapon to be forfeited to the state if certain conditions are met. If the law enforcement agency holding a forfeited weapon is the law enforcement agency of a municipality that has a population of 30,000 or less, the bill requires the court that ordered the forfeiture to enter an order requiring the agency to destroy the weapon or permitting the agency to use the weapon for a law enforcement purpose. The bill requires an agency that is not the law enforcement agency of a municipality with a population of 30,000 or less to transfer the weapon to the Department of Public Safety (DPS) not later than the 90th day after the date the court orders the forfeiture. The bill sets forth provisions delineating the procedures DPS is required to follow for the destruction of the weapon, the public sale of the weapon to a licensed firearms dealer, or the transfer of the weapon to a law enforcement agency. The bill authorizes DPS to retain five percent of the funds received from sale of forfeited weapons. The bill requires the comptroller to deposit the remainder of the funds to the credit of the law enforcement safety account in the general revenue fund, from which the legislature is authorized to appropriate money to the criminal justice division of the governor's office. The bill requires the Public Safety Commission to adopt rules to carry out these provisions. EFFECTIVE DATE September 1, 2001.