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.