HBA-JEK, TBM C.S.H.B. 1122 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1122
By: Turner, Bob
Public Safety
3/14/2001
Committee Report (Substituted)



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.   

C.S.H.B. 1122 requires a confiscated weapon to be used by the confiscating
law enforcement agency or transferred to the Department of Public Safety
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

C.S.H.B. 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.   

A court that orders the forfeiture of a seized weapon is required to permit
the law enforcement agency (agency) to use the weapon for a law enforcement
purpose or require the agency to transfer the weapon to the Department of
Public Safety (DPS) not later than the 180th day after the court orders the
forfeiture if the agency is in a municipality that has a population of
30,000 or less, and for all other agencies not later than the 90th day
after 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 provides that DPS is not liable for personal
injury, property damage, or death arising from the sale or use of a weapon
sold at public sale or transferred to an agency.  The bill requires DPS to
send to the Bureau of Alcohol, Tobacco, and Firearms a list that describes
each firearm sold to a firearms dealer.  DPS is authorized to enter into a
contract for the storage of seized weapons.   

The bill authorizes DPS to retain 20 percent of the funds received from
sale of forfeited weapons to administer the provisions of this bill.  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 criminal justice
division may use these funds only to make grants for the purchase of safety
equipment to agencies. The bill requires the Public Safety Commission to
adopt rules to carry out these provisions.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1122 differs from the original by permitting a court to either
allow a law enforcement agency (agency) to use a forfeited weapon for a law
enforcement purpose or require the agency to transfer the weapon to the
Department of Public Safety (DPS), whereas the original bill provided for
the destruction of the weapon or the use of it by the agency, if the agency
holding the weapon is the agency of a municipality with a population of
30,000 or less.  If the agency is not such an agency, the original bill
required the weapon to be transferred to DPS.  C.S.H.B. 1122 provides that
DPS is not liable for injury, damage, or death caused by a weapon DPS sells
and requires DPS to send a list to the Bureau of Alcohol, Tobacco, and
Firearms of all firearms sold to firearms dealers.  The substitute also
authorizes DPS to enter into a contract for the storage of forfeited
weapons and to retain 20 percent rather than five percent of funds received
from the sale of firearms to administer the provisions of this bill.  The
substitute also allows the criminal justice division of the governor's
office to make grants for safety equipment to all agencies rather than only
to those agencies that participate in the disposition of seized weapons.