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House Bill 331

posted May 10, 2014, 8:59 AM by Jason Rector

AN ACT relating to municipal classification. Apr 10-signed by Governor

Below are highlights of the this bill that relates to "Constables". These changes will become law effective July 15, 2014.


The offices of justice of the peace, county judge/executive, surveyor, sheriff, deputy sheriff, coroner, constable, jailer, and clerk or deputy clerk of a court, shall be incompatible, the one (1) with any of the others. The office of county judge/executive and county school superintendent are incompatible.


For the purposes of this section, justices of the peace and constables in all counties shall be deemed to be county officers and deputies or assistants of county officers shall be deemed to be county employees, but employees of county boards or commissions which are now authorized by law to fix the compensation of their employees shall not be deemed to be county employees for the purposes of this section.


The appointment of deputy constables shall be allowed only in authorized[ only in] counties[ containing a first or second class city or a consolidated local government]. In authorized counties[ containing a city of the first[ or second] class or a consolidated local government], each constable may appoint one (1) or more deputies with the consent of the county judge/executive or the mayor, in a consolidated local government, as the case may be. The constable and his or her surety are liable on his or her bond for all the acts and omissions of his or her deputies.

Deputy constables may be removed at any time for any cause deemed sufficient by the constable by order of the county judge/executive or the mayor in a consolidated local government, as the case may be, entered after filing of a written direction by the constable.


Each deputy constable in counties containing a consolidated local government or city of the first class shall be compensated for his or her services by salary fixed by the consolidated local government or fiscal court, and paid out of the levy of the consolidated local government or county.

The chief of police and all members of the police force in urban-county governments and cities[ of the first through fifth classes] shall possess all of the common law and statutory powers of constables and sheriffs. They may exercise those powers, including the power of arrest for offenses against the state, anywhere in the county in which the urban-county government or city is located, but the chief of police and members of the police force in a city shall not be required to police any territory outside of the city limits.

(2)      [The chief of police and all members of the police force in cities of the sixth class shall possess all of the common law and statutory powers of constables and sheriffs. They may exercise those powers, including the power of arrest for offenses against the state, only within the corporate boundaries of the city and within the boundaries of any real property owned by the city which is located outside of its corporate boundaries.

Section 314.   The following KRS sections are repealed:

70.330   Vacancy in constable's office in district containing city of sixth class -- Marshal may act as.

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