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61.360 Special local peace officers -- Appointment -- Fee -- Qualifications -- Removal -- Duties -- Not to impersonate public police officer.

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61.360 Special local peace officers -- Appointment -- Fee -- Qualifications -- Removal -- Duties -- Not to impersonate public police officer. The Governor or his agent may appoint special local peace officers, for such time as he <br>deems necessary, to preserve the peace and protect the property of any person from waste <br>or destruction; provided, however, that no such peace officer(s) shall be actively <br>employed at any factory, mine, workshop, retail establishment, or at any other location <br>where a strike, a slowdown, a sit in, or any other type of work stoppage exists, if the <br>employment of such peace officer(s) would result in the unreasonable expansion of the <br>normal complement of such peace officers or the relieving of normal guards or peace <br>officers to perform other duties. Upon the application of an owner of property for such <br>services, and upon payment of a fee of ten dollars (&#36;10) for each officer to be appointed, <br>the Governor may immediately appoint the person recommended by the owner, if the <br>person is eligible. No person shall be eligible for appointment under this section unless he <br>has established to the satisfaction of the Governor that he possesses the following <br>qualifications: <br>(1) No person shall serve as a special local peace officer: (a) Unless he is a citizen of the United States, is twenty-one (21) years of age or over, and unless he is able to read and write; (b) Unless he has resided in the Commonwealth for a period of at least one (1) year; (c) Who has ever been convicted of or is under indictment for a crime involving moral turpitude, dishonesty, or fraud; unauthorized divulging or selling of <br>information or evidence; impersonation of a law enforcement officer or <br>employee of the United States or any state or political subdivision thereof; <br>illegally using, carrying, or possessing a firearm or dangerous weapon; <br>habitual drunkenness; using or selling or possessing narcotics; or who has <br>been adjudged mentally disabled by a court of competent jurisdiction and such <br>adjudication has not been set aside; or has renounced his citizenship, or, being <br>an alien, is illegally or unlawfully in the United States; (d) Who within a period of two (2) years has hired himself out, performed any service, or received any compensation from any private source for acting, as a <br>privately paid detective, policeman, guard, peace officer, or otherwise as an <br>active participant in any labor dispute, or conducted the business of a private <br>detective agency or of any agency supplying private detectives, private <br>policemen, or private guards, or advertised or solicited any such business in <br>connection with any labor dispute; (e) Unless he has filed his photograph with the county clerk of the county in which he is to serve, together with his affidavit stating his full name, age, and <br>residence address and that he is not prohibited from serving by this section. (2) The photograph so filed with the county clerk shall constitute a public record. The Governor may remove any officer so appointed at will or at the request of the owner <br>of the property. (3) The duties of the officer shall be confined to the premises of the property to be protected, except while in pursuit of a person fleeing from the property after <br>committing an act of violence or destruction of the property. In that case, the officer <br>may pursue the person and make arrest anywhere within this state. He may wear <br>such badges and insignia as will plainly indicate to the public that he is a special <br>local peace officer, but he shall not, in any event, wear any uniform, or any part <br>thereof, of any public police officer; nor shall he in any way impersonate a public <br>police officer or represent himself to any person or persons as being a public police <br>officer; nor shall he perform any of the duties of a public police officer, except <br>those specifically herein granted and at the places herein specifically designated. (4) Application fees shall be placed in the State Treasury and credited to a revolving fund for administrative expenses. (5) Every special local peace officer appointed pursuant to this section shall execute bond in the amount of five thousand dollars (&#36;5,000). Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 98, sec. 2, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 141, sec. 44, effective July 1, 1982. -- Reenacted 1978 Ky. Acts <br>ch. 383, sec. 1, effective June 17, 1978. -- Repealed 1976 Ky. Acts ch. 178, sec. 18, <br>effective January 1, 1977. -- Amended 1970 Ky. Acts ch. 119, sec. 1. -- Amended <br>1946 Ky. Acts ch. 239, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective <br>October 1, 1942, from Ky. Stat. sec. 3766a-22. Note: 1980 Ky. Acts ch. 396, sec. 47 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, <br>sec. 146, also effective July 1, 1982.