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61.906 Requirements for appointment.
In order to qualify for a commission as a special law enforcement officer under KRS
61.900 to 61.930, an individual must present satisfactory evidence of compliance with the
following conditions and requirements:
(1) No person shall be eligible for a commission who:
(a) Has been dishonorably discharged from the Armed Forces of the United
States;
(b) Has been convicted in any jurisdiction of any felony or of any crime involving
moral turpitude for which he has not received a full pardon;
(c) Has been convicted of any other offense or offenses more than five (5) times
within the previous three (3) years;
(d) Has by any court of competent jurisdiction been declared mentally disabled by
reason of mental retardation or disease and has not been restored; or
(e) Suffers from habitual drunkenness or from narcotics addiction or dependence,
or from any physical defect or deficiency which the secretary determines to
materially impair the applicant's ability to perform the duties of a special law
enforcement officer.
(2) Every person to be eligible for a commission shall:
(a) Have reached his twenty-first birthday;
(b) Provide, on forms supplied by the secretary, such information pertaining to
himself as may reasonably be requested thereon, including, but not limited to
his: name; age; date of birth; current address and employment; prior
addresses and employment for the past ten (10) years; aliases, if any; arrest
and conviction record, if any; Social Security number; fingerprints;
photographs; and general physical description. The accuracy of such
information shall be attested by the applicant and his attestation shall be
notarized by one authorized to administer oaths;
(c) Be of good moral character;
(d) Provide references from two (2) reputable residents of the Commonwealth
who are not related to him and who have known him well for a period of not
less than three (3) years, attesting to his good character;
(e) Pay the fees provided in KRS 61.908; and
(f) Provide evidence satisfactory to the secretary that he meets the following
requirements:
1.
Is a graduate of an accredited high school or of an equivalent technical or
vocational training or education program satisfactory to the secretary; or
holds a G.E.D. certificate; provided, however, that all special local peace
officers formally commissioned under KRS 61.360 and with unexpired
commissions on December 31, 1976, shall be deemed to have met the
requirements of this subsection;
2.
Has successfully completed not fewer than eighty (80) hours of training
in a program approved by the council and dealing comprehensively with
the subjects of criminal law and the law of arrest, search and seizure; or
has been employed as a full-time sworn public peace officer for a period
of not less than one (1) year within the past five (5) years, and has never
been discharged for cause from employment as a sworn public peace
officer; or has been employed in a full-time capacity as a military
policeman engaged in law enforcement for the United States Armed
Forces for a period of not less than one (1) year within the past five (5)
years; or has successfully completed a written, oral and practical
examination approved by the council and dealing comprehensively with
the subject matter of criminal law and the law of arrest, search and
seizure; and
3.
Demonstrates, in written and practical examinations approved by the
council, knowledge of and proficiency in firearms safety, range firing,
the moral and legal aspects of firearms use, and first aid. Provided,
however, that all special local peace officers formally commissioned
under KRS 61.360 and with unexpired commissions on December 31,
1976, shall be deemed to have met the requirements of these
subsections.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 283, sec. 3, effective July 15, 1988. -- Amended
1982 Ky. Acts ch. 141, sec. 45, effective July 15, 1982. -- Created 1976 Ky. Acts
ch. 178, sec. 5, effective January 1, 1977.
Note: 1980 Ky. Acts ch. 396, sec. 48 would have amended this section effective July 1,
1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141,
sec. 146, also effective July 1, 1982.