Kentucky Statutes 70.325 – Powers and duties of constable. (Effective until July 1, 2025)
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(1) Except as provided in subsection (2) of this section, for any constable or deputy constable taking office after January 1, 2023, who was not a constable or deputy constable in the preceding four (4) year term of office, the powers and duties of the office of constable shall not include the general powers of a peace officer or police officer. The powers and duties of the office of constable shall include:
(a) The specific powers and duties enumerated in this chapter;
(b) The power to distrain for his or her fees or for that of other officers as provided in KRS § 64.400;
(c) The power to take necessary steps to stop, prevent, or bring under control any dog found chasing or molesting wild elk or deer at any time as provided in KRS § 150.390;
(d) The power, in a county containing a city of the first class, to serve all forms of legal process in any child support action as provided in KRS § 205.782;
(e) The power to sell property to satisfy a lien created by a taker-up of boats, rafts, platforms, or timber as provided in KRS § 364.020;
(f) The power to serve a warrant to levy and seize upon the baggage and other personal property of a guest for unpaid services to the keeper of a hotel, inn, boarding house, or house of private entertainment as provided in KRS
376.350;
(g) The power to enforce a lien for the care of livestock as provided in KRS
376.410;
(h) The power to execute a warrant in actions regarding forcible entry or detainers as provided in KRS § 383.210 and KRS § 383.245;
(i) The power to serve subpoenas issued by the Parole Board as provided in KRS
439.390; and
(j) The power to take up vagrants, kill mad dogs, kill and bury a distempered horse, ass, or mule, kill and bury cattle, and alter a stud, jackass, or bull as provided in KRS § 64.190.
(2) After January 1, 2023, no constable who is elected for the first time or a deputy constable appointed pursuant to KRS § 70.320 shall be granted the powers generally applicable to peace officers and police officers unless the individual has been certified and maintains his or her certification pursuant to KRS § 15.380.
Effective: January 1, 2023
History: Created 2022 Ky. Acts ch. 90, sec. 1, effective January 1, 2023.
(a) The specific powers and duties enumerated in this chapter;
Terms Used In Kentucky Statutes 70.325
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- City: includes town. See Kentucky Statutes 446.010
- Lien: A claim against real or personal property in satisfaction of a debt.
- Livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 446.010
- Personal property: All property that is not real property.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) The power to distrain for his or her fees or for that of other officers as provided in KRS § 64.400;
(c) The power to take necessary steps to stop, prevent, or bring under control any dog found chasing or molesting wild elk or deer at any time as provided in KRS § 150.390;
(d) The power, in a county containing a city of the first class, to serve all forms of legal process in any child support action as provided in KRS § 205.782;
(e) The power to sell property to satisfy a lien created by a taker-up of boats, rafts, platforms, or timber as provided in KRS § 364.020;
(f) The power to serve a warrant to levy and seize upon the baggage and other personal property of a guest for unpaid services to the keeper of a hotel, inn, boarding house, or house of private entertainment as provided in KRS
376.350;
(g) The power to enforce a lien for the care of livestock as provided in KRS
376.410;
(h) The power to execute a warrant in actions regarding forcible entry or detainers as provided in KRS § 383.210 and KRS § 383.245;
(i) The power to serve subpoenas issued by the Parole Board as provided in KRS
439.390; and
(j) The power to take up vagrants, kill mad dogs, kill and bury a distempered horse, ass, or mule, kill and bury cattle, and alter a stud, jackass, or bull as provided in KRS § 64.190.
(2) After January 1, 2023, no constable who is elected for the first time or a deputy constable appointed pursuant to KRS § 70.320 shall be granted the powers generally applicable to peace officers and police officers unless the individual has been certified and maintains his or her certification pursuant to KRS § 15.380.
Effective: January 1, 2023
History: Created 2022 Ky. Acts ch. 90, sec. 1, effective January 1, 2023.