No person shall serve as a deputy sheriff, patrol or other nonelective peace officer, or
deputy peace officer, unless:
(1) He or she is a citizen of the United States and is twenty-one (21) years of age or
over;
(2) A sheriff may require his or her deputies to reside in the county in which they serve.
Any deputy sheriff appointed pursuant to this section who has not been a resident of
the county in which he or she serves for a period of at least two (2) years shall not
be an active participant in any labor dispute and shall immediately forfeit his or her
position if he violates this provision;
(3) He or she has never been convicted of a crime involving moral turpitude;
(4) He or she has not within a period of two (2) years hired himself or herself out,
performed any service, or received any compensation from any private source for
acting, as a privately paid detective, policeman, guard, peace officer, or otherwise
as an active participant in any labor dispute, or conducted the business of a private
detective agency or of any agency supplying private detectives, private policemen,
or private guards, or advertised or solicited any such business in connection with
any labor dispute; and
(5) He or she has complied with the provisions of KRS 15.334.
Effective: January 1, 2023
History: Amended 2022 Ky. Acts ch. 90, sec. 4, effective January 1, 2023. -- Amended
2019 Ky. Acts ch. 110, sec. 2, effective June 27, 2019. -- Amended 2005 Ky. Acts
ch. 132, sec. 30, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 416, sec. 1,
effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 98, sec. 1, effective July 15,
1998. -- Amended 1990 Ky. Acts ch. 134, sec. 1, effective July 13, 1990; and ch.
443, sec. 64, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 24, sec. 1,
effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 19, sec. 1. -- Amended 1974
Ky. Acts ch. 308, sec. 25. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 3766a-5a, 3766a-5b, 3766a-5d, 3766a-5e.
Notes of Decisions
City of Ashland v. Ashland F.O.P. 3, Inc., 888 S.W.2d 667 (Ky. 1994).
· cites it 6× “KRS 61.300, as amended, provides a county residency requirement for deputy sheriff, deputy constable, patrol or other noneleetive peace officers or a deputy peace officer.”
Leonard v. Corr. Cabinet, 828 S.W.2d 668 (Ky. Ct. App. 1992).
· cites it 7× “037 and KRS 61.300. Leonard met the educational and experience requirements and was sched-uléd for an interview.”
Cherry v. Augustus, 245 S.W.3d 766 (Ky. Ct. App. 2006).
“ollowing claims, which the circuit court deemed barred by res judicata: (a) the Board was unconstitutionally biased, (b) the Board exceeded its statutory powers, (c) the Board’s decision was arbitrary because its order contained no findings of fact, (d) the Board’s decision was…”
Blevins v. Commonwealth, 435 S.W.3d 637 (Ky. Ct. App. 2014).
· cites it 2× “an-county, charter county, or consolidated local government to provide animal sheltering or animal control services shall have the powers of peace officers, except for the power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised Statutes relating to…”
Smiddy v. Commonwealth, 247 S.W.2d 215 (Ky. Ct. App. 1952).
· cites it 3× “Bray had not complied with some of the provisions of KRS 61.300 relating to peace officers, he had no right to arrest J.”
Baker v. Wilson, 221 S.W.2d 690 (Ky. Ct. App. 1949).
· cites it 2× “On the other hand it is insisted for the Commonwealth that subsection (1) (c) of section 61.300, KRS sustains the court’s judgment in the vacation proceedings.”
Layne v. Commonwealth, 254 S.W.2d 724 (Ky. Ct. App. 1953).
“It was further stipulated that Maynard, Stevens, and Coleman had not filed their photographs with the county clerk or the affidavit required by KRS 61.300 and, be *726 cause of this failure, it is argued that these men were not peace officers, either de jure or de facto.”
Walker v. Rosser, 309 S.W.2d 754 (Ky. Ct. App. 1958).
“It is our opinion that the ordinance creating the office of Merchant Policeman was in derogation of provisions of Carroll’s Kentucky Statutes now embraced in KRS 61.300 and KRS 61.360. These statutes deal with the appointment of special peace officers by the Governor.”
— Ky. Rev. Stat. § 61.300(2) — 1 case
City of Ashland v. Ashland F.O.P. 3, Inc., 888 S.W.2d 667 (Ky. 1994).
“KRS 61.300, as amended, provides a county residency requirement for deputy sheriff, deputy constable, patrol or other noneleetive peace officers or a deputy peace officer.”
— Ky. Rev. Stat. § 61.300(3) — 1 case
Leonard v. Corr. Cabinet, 828 S.W.2d 668 (Ky. Ct. App. 1992).
“037 and KRS 61.300. Leonard met the educational and experience requirements and was sched-uléd for an interview.”
— Ky. Rev. Stat. § 61.300(4) — 1 case
Cherry v. Augustus, 245 S.W.3d 766 (Ky. Ct. App. 2006).
“ollowing claims, which the circuit court deemed barred by res judicata: (a) the Board was unconstitutionally biased, (b) the Board exceeded its statutory powers, (c) the Board’s decision was arbitrary because its order contained no findings of fact, (d) the Board’s decision was…”
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treatment. Dots show Syfertize treatment of the citing case itself.